PUBLIC LAW 110–315—AUG. 14, 2008 

HIGHER EDUCATION OPPORTUNITY ACT 


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122 STAT. 3078 PUBLIC LAW 110–315—AUG. 14, 2008 

Public Law 110–315 

110th Congress 

An Act 

To amend and extend the Higher Education Act of 1965, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. References. 

Sec. 3. General effective date. 

TITLE I—GENERAL PROVISIONS 

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

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

Sec. 103. Additional definitions. 

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

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

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

Sec. 107. Drug and alcohol abuse prevention. 

Sec. 108. Prior rights and obligations. 

Sec. 109. Diploma mills. 

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

website. 

Sec. 111. Transparency in college tuition for consumers. 

Sec. 112. Textbook information. 

Sec. 113. Database of student information prohibited. 

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

children. 

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

Sec. 116. State commitment to affordable college education. 

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

Sec. 118. Procurement flexibility. 

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

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

TITLE II—TEACHER QUALITY ENHANCEMENT 

Sec. 201. Teacher quality enhancement. 

TITLE III—INSTITUTIONAL AID 

Sec. 301. Program purpose. 

Sec. 302. Definitions; eligibility. 

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

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

Sec. 305. Predominantly Black Institutions. 

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

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

20 USC 1001 

note. 

Higher Education 

Opportunity Act. 

Aug. 14, 2008 

[H.R. 4137] 


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Sec. 308. Part B definitions. 

Sec. 309. Grants to institutions. 

Sec. 310. Allotments. 

Sec. 311. Professional or graduate institutions. 

Sec. 312. Unexpended funds. 

Sec. 313. Endowment Challenge Grants. 

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

Sec. 315. Programs in STEM fields. 

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

Sec. 317. Technical assistance. 

Sec. 318. Waiver authority. 

Sec. 319. Authorization of appropriations. 

Sec. 320. Technical corrections. 

TITLE IV—STUDENT ASSISTANCE 

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

EDUCATION

Sec. 401. Federal Pell Grants. 

Sec. 402. Academic competitiveness grants. 

Sec. 403. Federal TRIO Programs. 

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

Sec. 405. Academic Achievement Incentive Scholarships. 

Sec. 406. Federal Supplemental Educational Opportunity Grants. 

Sec. 407. Leveraging Educational Assistance Partnership program. 

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

seasonal farmwork. 

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

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

Sec. 411. Learning Anytime Anywhere Partnerships. 

Sec. 412. TEACH Grants. 

PART B—FEDERAL FAMILY EDUCATION LOAN PROGRAM

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

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

Sec. 423. Voluntary flexible agreements. 

Sec. 424. Federal PLUS loans. 

Sec. 425. Federal consolidation loans. 

Sec. 426. Default reduction program. 

Sec. 427. Requirements for disbursement of student loans. 

Sec. 428. Unsubsidized Stafford loan limits. 

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

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

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

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

Sec. 433. Legal powers and responsibilities. 

Sec. 434. Student loan information by eligible lenders. 

Sec. 435. Consumer education information. 

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

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

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

PART C—FEDERAL WORK-STUDY PROGRAMS

Sec. 441. Authorization of appropriations. 

Sec. 442. Allowance for books and supplies. 

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

Sec. 444. Flexible use of funds. 

Sec. 445. Job location and development programs. 

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

Sec. 447. Work colleges. 

PART D—FEDERAL DIRECT STUDENT LOAN

Sec. 451. Terms and conditions of loans. 

Sec. 452. Funds for administrative expenses. 

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

Sec. 454. Loan cancellation for teachers. 

PART E—FEDERAL PERKINS LOANS

Sec. 461. Extension of authority. 


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Sec. 462. Allowance for books and supplies. 

Sec. 463. Agreements with institutions. 

Sec. 464. Perkins loan terms and conditions. 

Sec. 465. Cancellation for public service. 

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

PART F—NEED ANALYSIS

Sec. 471. Cost of attendance. 

Sec. 472. Discretion to make adjustments. 

Sec. 473. Definitions. 

PART G—GENERAL PROVISIONS RELATING TO STUDENT ASSISTANCE

Sec. 481. Definitions. 

Sec. 482. Master calendar. 

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

Sec. 484. Model institution financial aid offer form. 

Sec. 485. Student eligibility. 

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

Sec. 487. Readmission requirements for servicemembers. 

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

Sec. 489. National Student Loan Data System. 

Sec. 490. Early awareness of financial aid eligibility. 

Sec. 491. Distance Education Demonstration Programs. 

Sec. 492. Articulation agreements. 

Sec. 493. Program participation agreements. 

Sec. 494. Regulatory relief and improvement. 

Sec. 494A. Transfer of allotments. 

Sec. 494B. Purpose of administrative payments. 

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

Sec. 494D. Regional meetings and negotiated rulemaking. 

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

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

PART H—PROGRAM INTEGRITY

Sec. 495. Recognition of accrediting agency or association. 

Sec. 496. Eligibility and certification procedures. 

Sec. 497. Program review and data. 

Sec. 498. Review of regulations. 

PART I—COMPETITIVE LOAN AUCTION PILOT PROGRAM

Sec. 499. Competitive loan auction pilot program evaluation. 

TITLE V—DEVELOPING INSTITUTIONS 

Sec. 501. Authorized activities. 

Sec. 502. Postbaccalaureate opportunities for Hispanic Americans. 

Sec. 503. Applications. 

Sec. 504. Cooperative arrangements. 

Sec. 505. Authorization of appropriations. 

TITLE VI—INTERNATIONAL EDUCATION PROGRAMS 

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

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

Sec. 603. Language Resource Centers. 

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

Sec. 605. Research; studies. 

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

Sec. 607. Selection of certain grant recipients. 

Sec. 608. American overseas research centers. 

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

studies. 

Sec. 610. Conforming amendments. 

Sec. 611. Business and international education programs. 

Sec. 612. Minority foreign service professional development program. 

Sec. 613. Institutional development. 

Sec. 614. Study abroad program. 

Sec. 615. Advanced degree in international relations. 

Sec. 616. Internships. 

Sec. 617. Financial assistance. 

Sec. 618. Report. 

Sec. 619. Gifts and donations. 


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

Policy. 

Sec. 621. Definitions. 

Sec. 622. New provisions. 

TITLE VII—GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS 

Sec. 701. Purpose. 

Sec. 702. Jacob K. Javits Fellowship program. 

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

Sec. 704. Thurgood Marshall Legal educational opportunity program. 

Sec. 705. Sense of Congress. 

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

and Predominantly Black Institutions. 

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

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

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

Sec. 710. Subgrants to nonprofit organizations. 

TITLE VIII—ADDITIONAL PROGRAMS 

Sec. 801. Additional programs. 

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

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

TITLE IX—AMENDMENTS TO OTHER LAWS 

PART A—EDUCATION OF THE DEAF ACT OF 1986 

Sec. 901. Laurent Clerc National Deaf Education Center. 

Sec. 902. Agreement with Gallaudet University. 

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

Sec. 904. Cultural experiences grants. 

Sec. 905. Audit. 

Sec. 906. Reports. 

Sec. 907. Monitoring, evaluation, and reporting. 

Sec. 908. Liaison for educational programs. 

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

Technical Institute for the Deaf. 

Sec. 910. Oversight and effect of agreements. 

Sec. 911. International students. 

Sec. 912. Research priorities. 

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

Sec. 914. Authorization of appropriations. 

PART B—UNITED STATES INSTITUTE OF PEACE ACT 

Sec. 921. United States Institute of Peace Act. 

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

EDUCATION AMENDMENTS OF 1992 

Sec. 931. Repeals. 

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

Sec. 933. Underground Railroad Educational and Cultural Program. 

Sec. 934. Olympic Scholarships. 

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

PART D—TRIBAL COLLEGE AND UNIVERSITIES; NAVAJO HIGHER 

EDUCATION 

SUBPART 1—TRIBAL COLLEGES AND UNIVERSITIES

Sec. 941. Reauthorization of the Tribally Controlled College or University Assistance Act of 1978. 

SUBPART 2—NAVAJO HIGHER EDUCATION

Sec. 945. Short title. 

Sec. 946. Reauthorization of Navajo Community College Act. 

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

Sec. 951. Short title. 


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Sec. 952. Loan repayment for prosecutors and defenders. 

PART F—INSTITUTIONAL LOAN REPAYMENT ASSISTANCE PROGRAMS

Sec. 961. Institutional loan forgiveness programs. 

PART G—MINORITY SERVING INSTITUTION DIGITAL AND WIRELESS TECHNOLOGY

OPPORTUNITY PROGRAM

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

Program. 

Sec. 972. Authorization of appropriations. 

TITLE X—PRIVATE STUDENT LOAN IMPROVEMENT 

Sec. 1001. Short title. 

Sec. 1002. Regulations. 

Sec. 1003. Effective dates. 

Subtitle A—Preventing Unfair and Deceptive Private Educational Lending Practices 

and Eliminating Conflicts of Interest 

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

Sec. 1012. Civil liability. 

Sec. 1013. Clerical amendment. 

Subtitle B—Improved Disclosures for Private Education Loans 

Sec. 1021. Private education loan disclosures and limitations. 

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

Subtitle C—College Affordability 

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

Subtitle D—Financial Literacy; Studies and Reports 

Sec. 1041. Definitions. 

Sec. 1042. Coordinated education efforts. 

TITLE XI—STUDIES AND REPORTS 

Sec. 1101. Study on foreign graduate medical schools. 

Sec. 1102. Employment of postsecondary education graduates. 

Sec. 1103. Study on IPEDS. 

Sec. 1104. Report and study on articulation agreements. 

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

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

Sec. 1107. Independent evaluation of distance education programs. 

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

Sec. 1109. Study of minority male academic achievement. 

Sec. 1110. Study on bias in standardized tests. 

Sec. 1111. Endowment report. 

Sec. 1112. Study of correctional postsecondary education. 

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

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

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

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

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

Sec. 1118. Developing additional measures of degree completion. 

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

program. 

Sec. 1120. Summit on sustainability. 

Sec. 1121. Nursing school capacity. 

Sec. 1122. Study and report on nonindividual information. 

Sec. 1123. Feasibility study for student loan clearinghouse. 

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

ban. 

Sec. 1125. Definition of authorizing committees. 

SEC. 2. REFERENCES. 

Except as otherwise expressly provided, whenever in this Act 

an amendment or repeal is expressed in terms of an amendment 

to, or repeal of, a section or other provision, the reference shall 


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be considered to be made to a section or other provision of the 

Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). 

SEC. 3. GENERAL EFFECTIVE DATE. 

Except as otherwise provided in this Act or the amendments 

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

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

TITLE I—GENERAL PROVISIONS 

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

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

(1) in subsection (a)— 

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

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

of section 484(d)(3)’’; and 

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

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

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

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

the following: 

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

in any State that, in lieu of the requirement in subsection 

(a)(1), admits as regular students individuals— 

‘‘(A) who are beyond the age of compulsory school 

attendance in the State in which the institution is located; 

or 

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

the institution and a secondary school.’’. 

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

shall take effect on July 1, 2010. 

SEC. 102. DEFINITION OF INSTITUTION OF HIGHER EDUCATION FOR 

PURPOSES OF TITLE IV PROGRAMS. 

(a) INTERNATIONAL MEDICAL SCHOOLS AND NURSING

SCHOOLS.—Section 102(a)(2) (20 U.S.C. 1002(a)(2)) is amended— 

(1) in subparagraph (A)— 

(A) in the first sentence of the matter preceding clause 

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

school,’’; 

(B) in clause (i)— 

(i) in the matter preceding subclause (I), by 

inserting ‘‘except as provided in subparagraph 

(B)(iii)(IV),’’ before ‘‘in the case’’; and 

(ii) by striking subclause (II) and inserting the 

following new subclause: 

‘‘(II) the institution— 

‘‘(aa) has or had a clinical training program that was approved by a State as of 

January 1, 1992; and 

‘‘(bb) continues to operate a clinical 

training program in at least one State that 

is approved by that State;’’; 

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

and inserting ‘‘; or’’; and 

20 USC 1001 

note. 

20 USC 1001 

note. 


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(D) by adding at the end the following: 

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

of the United States— 

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

a hospital, or accredited school of nursing (as such 

terms are defined in section 801 of the Public 

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

the United States that requires the students of 

the nursing school to complete the students’ clinical training at such hospital or accredited school 

of nursing; 

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

an accredited school of nursing located in the 

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

the United States also receive a degree from the 

accredited school of nursing located in the United 

States; 

‘‘(III) the nursing school certifies only Federal 

Stafford Loans under section 428, unsubsidized 

Federal Stafford Loans under section 428H, or Federal PLUS loans under section 428B for students 

attending the institution; 

‘‘(IV) the nursing school reimburses the Secretary for the cost of any loan defaults for current 

and former students included in the calculation 

of the institution’s cohort default rate during the 

previous fiscal year; and 

‘‘(V) not less than 75 percent of the individuals 

who were students or graduates of the nursing 

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

year preceding the year for which the institution 

is certifying a Federal Stafford Loan under section 

428, an unsubsidized Federal Stafford Loan under 

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

(2) in subparagraph (B), by adding at the end the following: 

‘‘(iii) REPORT.— 

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

the date of enactment of the Higher Education 

Opportunity Act, the advisory panel described in 

clause (i) shall submit a report to the Secretary 

and to the authorizing committees recommending 

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

schools that— 

‘‘(aa) are located outside of the United 

States; 

‘‘(bb) do not meet the requirements of 

subparagraph (A)(i); and 

‘‘(cc) have a clinical training program 

approved by a State prior to January 1, 2008. 

‘‘(II) RECOMMENDATIONS.—In the report 

described in subclause (I), the advisory panel’s 

eligibility criteria shall include recommendations 


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regarding the appropriate levels of performance 

for graduate medical schools described in such subclause in the following areas: 

‘‘(aa) Entrance requirements. 

‘‘(bb) Retention and graduation rates. 

‘‘(cc) Successful placement of students in 

United States medical residency programs. 

‘‘(dd) Passage rate of students on the 

United States Medical Licensing Examination. 

‘‘(ee) The extent to which State medical 

boards have assessed the quality of such 

school’s program of instruction, including 

through on-site reviews. 

‘‘(ff) The extent to which graduates of such 

schools would be unable to practice medicine 

in 1 or more States, based on the judgment 

of a State medical board. 

‘‘(gg) Any areas recommended by the 

Comptroller General of the United States 

under section 1101 of the Higher Education 

Opportunity Act. 

‘‘(hh) Any additional areas the Secretary 

may require. 

‘‘(III) MINIMUM ELIGIBILITY REQUIREMENT.—In 

the recommendations described in subclause (II), 

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

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

described in subclause (I) to participate in the 

loan programs under part B of title IV. 

‘‘(IV) AUTHORITY.—The Secretary may— 

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

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

medical schools described in such subclause 

to participate in the loan programs under part 

B of title IV based on the recommendations 

of such report; and 

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

issuance of proposed regulations under item 

(aa), issue final regulations establishing such 

criteria for eligibility.’’. 

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

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

inserting ‘‘75’’. 

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

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

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

a period; and 

(3) by striking subparagraph (F). 

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

amended— 

Deadlines. 


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(A) in subsection (b)— 

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

following: 

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

occupation; or 

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

degree in liberal arts, and has provided such a program 

since January 1, 2009; and 

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

agency or association, and has continuously held such 

accreditation since October 1, 2007, or earlier;’’; and 

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

following: 

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

institution of higher education’ also includes a proprietary educational institution in any State that, in lieu of the requirement 

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

‘‘(A) who are beyond the age of compulsory school 

attendance in the State in which the institution is located; 

or 

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

the institution and a secondary school.’’; and 

(B) by striking paragraph (2) of subsection (c) and 

inserting the following: 

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

vocational institution’ also includes an educational institution 

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

admits as regular students individuals— 

‘‘(A) who are beyond the age of compulsory school 

attendance in the State in which the institution is located; 

or 

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

the institution and a secondary school.’’. 

(2) RULE OF CONSTRUCTION.—Nothing in the amendment 

made by paragraph (1)(A)(i) to section 102(b)(1)(A) of the Higher 

Education Act of 1965 (20 U.S.C. 1002(b)(1)(A)) shall be construed to negate or supercede any State laws governing proprietary institutions of higher education. 

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

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

SEC. 103. ADDITIONAL DEFINITIONS. 

(a) ADDITIONAL DEFINITIONS.— 

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

by adding at the end the following: 

‘‘(17) AUTHORIZING COMMITTEES.—The term ‘authorizing 

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

and Pensions of the Senate and the Committee on Education 

and Labor of the House of Representatives. 

‘‘(18) CRITICAL FOREIGN LANGUAGE.—Except as otherwise 

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

the languages contained in the list of critical languages designated by the Secretary in the Federal Register on August 

2, 1985 (50 Fed. Reg. 31412; promulgated under the authority 

of section 212(d) of the Education for Economic Security Act 

(repealed by section 2303 of the Augustus F. Hawkins-Robert 

20 USC 1002 

note. 

20 USC 1002 

note. 


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T. Stafford Elementary and Secondary School Improvement 

Amendments of 1988)), as updated by the Secretary from time 

to time and published in the Federal Register, except that 

in the implementation of this definition with respect to a specific title, the Secretary may set priorities according to the 

purposes of such title and the national security, economic 

competitiveness, and educational needs of the United States. 

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

term ‘distance education’ means education that uses one 

or more of the technologies described in subparagraph (B)— 

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

‘‘(ii) to support regular and substantive interaction 

between the students and the instructor, synchronously 

or asynchronously. 

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

(A), the technologies used may include— 

‘‘(i) the Internet; 

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

open broadcast, closed circuit, cable, microwave, 

broadband lines, fiber optics, satellite, or wireless 

communications devices; 

‘‘(iii) audio conferencing; or 

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

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

in conjunction with any of the technologies listed in 

clauses (i) through (iii). 

‘‘(20) DIPLOMA MILL.—The term ‘diploma mill’ means an 

entity that— 

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

that the individual possessing such a degree, diploma, or 

certificate has completed a program of postsecondary education or training; and 

‘‘(ii) requires such individual to complete little or no 

education or coursework to obtain such degree, diploma, 

or certificate; and 

‘‘(B) lacks accreditation by an accrediting agency or 

association that is recognized as an accrediting agency 

or association of institutions of higher education (as such 

term is defined in section 102) by— 

‘‘(i) the Secretary pursuant to subpart 2 of part 

H of title IV; or 

‘‘(ii) a Federal agency, State government, or other 

organization or association that recognizes accrediting 

agencies or associations. 

‘‘(21) EARLY CHILDHOOD EDUCATION PROGRAM.—The term 

‘early childhood education program’ means— 

‘‘(A) a Head Start program or an Early Head Start 

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

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

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

program or an Early Head Start program that also receives 

State funding; 

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

or 


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‘‘(C) a program that— 

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

that addresses the children’s cognitive (including language, early literacy, and early mathematics), social, 

emotional, and physical development; and 

‘‘(ii) is— 

‘‘(I) a State prekindergarten program; 

‘‘(II) a program authorized under section 619 

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

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

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

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

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

a family of the size involved. 

‘‘(23) UNIVERSAL DESIGN.—The term ‘universal design’ has 

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

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

‘‘(A) provides flexibility in the ways information is presented, in the ways students respond or demonstrate 

knowledge and skills, and in the ways students are 

engaged; and 

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

maintains high achievement expectations for all students, 

including students with disabilities and students who are 

limited English proficient.’’. 

(2) REDESIGNATION AND REORDERING OF DEFINITIONS.—Section 103 (as amended by paragraph (1)) (20 U.S.C. 1003) is 

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

and the paragraphs added by paragraph (1) of this subsection 

in alphabetical order based on the headings of such paragraphs, 

and renumbering such paragraphs as so reordered. 

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

seq.) is amended— 

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

striking ‘‘Committee on Labor and Human Resources of the 

Senate and the Committee on Education and the Workforce 

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

committees’’; 

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

striking ‘‘Committee on Education and the Workforce of the 

House of Representatives and the Committee on Labor and 

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

committees’’; 

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

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

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

Appropriations of the House of Representatives, and the authorizing committees’’; 

(4) in section 428 (20 U.S.C. 1078)— 


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

Committee on Labor and Human Resources’’ and inserting 

‘‘authorizing committees’’; 

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

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

of the Senate and the Committee on Education and the 

Workforce of the House of Representatives’’ and inserting 

‘‘authorizing committees’’; 

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

of the Ensuring Continued Access to Student Loans Act 

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

Labor, and Pensions of the Senate and the Committee 

on Education and Labor of the House of Representatives’’ 

each place the term appears and inserting ‘‘authorizing 

committees’’; and 

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

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

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

(5) in section 428A(c) (20 U.S.C. 1078–1(c))— 

(A) in the matter preceding subparagraph (A) of paragraph (2), by striking ‘‘Chairperson’’ and all that follows 

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

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

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

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

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

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

inserting ‘‘members of the authorizing committees’’; 

(6) in section 432 (20 U.S.C. 1082)— 

(A) in subsection (f)(1)(C), by striking ‘‘the Committee 

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

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

committees’’; and 

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

the Workforce of the House of Representatives and the 

Committee on Labor and Human Resources of the Senate’’ 

and inserting ‘‘authorizing committees’’; 

(7) in section 437(c)(1) (20 U.S.C. 1087(c)(1)), by striking 

‘‘Committee on Education and the Workforce of the House 

of Representatives and the Committee on Labor and Human 

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

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

striking ‘‘Committee on Labor and Human Resources of the 

Senate and the Committee on Education and the Workforce 

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

committees’’; 

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

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


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

the Committee on Education and the Workforce of the House 

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

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

striking ‘‘Committee on Education and the Workforce of the 

House of Representatives and the Committee on Labor and 

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

committees’’; 

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

the Committee on Education and the Workforce of the House 

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

(13) in section 487A(a)(5) (20 U.S.C. 1094a(a)(5)), by 

striking ‘‘Committee on Labor and Human Resources of the 

Senate and the Committee on Education and the Workforce 

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

committees’’. 

SEC. 104. PROTECTION OF STUDENT SPEECH AND ASSOCIATION 

RIGHTS. 

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

(1) in subsection (a)— 

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

(B) by adding at the end the following: 

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

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

is one of the key strengths of American higher education; 

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

program in accordance with its educational goals; 

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

the free and open exchange of ideas; 

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

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

‘‘(F) nothing in this paragraph shall be construed to modify, 

change, or infringe upon any constitutionally protected religious 

liberty, freedom, expression, or association.’’; and 

(2) in subsection (b)(1), by inserting ‘‘, provided that the 

imposition of such sanction is done objectively and fairly’’ after 

‘‘higher education’’. 

SEC. 105. TREATMENT OF TERRITORIES AND TERRITORIAL STUDENT 

ASSISTANCE. 

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

(1) by striking ‘‘TREATMENT OF TERRITORIES AND TERRITORIAL STUDENT ASSISTANCE’’ in the heading of such section 

and inserting ‘‘TERRITORIAL WAIVER AUTHORITY’’; 

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

(3) by striking subsection (b). 

SEC. 106. NATIONAL ADVISORY COMMITTEE ON INSTITUTIONAL 

QUALITY AND INTEGRITY. 

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

to read as follows: 


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‘‘SEC. 114. NATIONAL ADVISORY COMMITTEE ON INSTITUTIONAL 

QUALITY AND INTEGRITY. 

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

a National Advisory Committee on Institutional Quality and Integrity (in this section referred to as the ‘Committee’) to assess the 

process of accreditation and the institutional eligibility and certification of institutions of higher education (as defined in section 

102) under title IV. 

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

of which— 

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

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

of the House of Representatives, three of whom shall be 

appointed on the recommendation of the majority leader 

of the House of Representatives, and three of whom shall 

be appointed on the recommendation of the minority leader 

of the House of Representatives; and 

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

pro tempore of the Senate, three of whom shall be 

appointed on the recommendation of the majority leader 

of the Senate, and three of whom shall be appointed on 

the recommendation of the minority leader of the Senate. 

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

members of the Committee— 

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

‘‘(B) from among individuals who are representatives 

of, or knowledgeable concerning, education and training 

beyond secondary education, representing all sectors and 

types of institutions of higher education (as defined in 

section 102); and 

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

in the fields of accreditation and administration in higher 

education. 

‘‘(3) TERMS OF MEMBERS.—Except as provided in paragraph 

(5), the term of office of each member of the Committee shall 

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

a vacancy occurring prior to the expiration of the term for 

which the member’s predecessor was appointed shall be 

appointed for the remainder of such term. 

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

in the same manner as the original appointment was made 

not later than 90 days after the vacancy occurs. If a vacancy 

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

shall publish a Federal Register notice soliciting nominations 

for the position not later than 30 days after being notified 

of the vacancy. 

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

members of the Committee shall be— 

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

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

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

(1)(C). 

Federal Register, 

publication. 

Notice. 

Deadlines. 


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

select a chairperson from among the members. 

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

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

and enforcement of the standards of accrediting agencies or 

associations under subpart 2 of part H of title IV; 

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

of a specific accrediting agency or association; 

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

and publication of the list of nationally recognized accrediting 

agencies and associations; 

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

and certification process for institutions of higher education 

under title IV, together with recommendations for improvements in such process; 

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

between— 

‘‘(A) accreditation of institutions of higher education 

and the certification and eligibility of such institutions; 

and 

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

institutions; and 

‘‘(6) carry out such other advisory functions relating to 

accreditation and institutional eligibility as the Secretary may 

prescribe by regulation. 

‘‘(d) MEETING PROCEDURES.— 

‘‘(1) SCHEDULE.— 

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

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

Chairperson. 

‘‘(B) PUBLICATION OF DATE.—The Committee shall 

submit the date and location of each meeting in advance 

to the Secretary, and the Secretary shall publish such 

information in the Federal Register not later than 30 days 

before the meeting. 

‘‘(2) AGENDA.— 

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

the Committee shall be established by the Chairperson 

and shall be submitted to the members of the Committee 

upon notification of the meeting. 

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

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

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

an employee of the Department to serve as the Secretary’s 

designee to the Committee, and the Chairperson shall invite 

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

‘‘(4) FEDERAL ADVISORY COMMITTEE ACT.—The Federal 

Advisory Committee Act (5 U.S.C. App.) shall apply to the 

Committee, except that section 14 of such Act shall not apply. 

‘‘(e) REPORT AND NOTICE.— 

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

Federal Register— 

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

‘‘(i) the member’s name; 

Federal Register, 

publication. 

Federal Register, 

publication. 

Deadline. 


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

term of office; and 

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

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

term of office on the Committee of a member appointed 

by the Secretary. 

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

year, the Committee shall make available an annual report 

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

The annual report shall contain— 

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

of, and the findings and recommendations made by, the 

Committee during the fiscal year preceding the fiscal year 

in which the report is made; 

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

during the fiscal year preceding the fiscal year in which 

the report is made; 

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

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

any additional functions established by the Secretary 

through regulation. 

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

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

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

and after the date of enactment of this Act)— 

(1) the term of each member appointed to the National 

Advisory Committee on Institutional Quality and Integrity 

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

date of enactment of this Act; 

(2) no new members shall be appointed to the National 

Advisory Committee on Institutional Quality and Integrity 

during the period beginning on the date of enactment of this 

Act and ending on January 31, 2009; and 

(3) no meeting of the National Advisory Committee on 

Institutional Quality and Integrity shall be convened during 

such period. 

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

shall take effect on January 1, 2009. 

SEC. 107. DRUG AND ALCOHOL ABUSE PREVENTION. 

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

(1) in subsection (a)(2)— 

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

semicolon; 

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

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

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

violations and fatalities that— 

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

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

activities; and 

‘‘(ii) are reported to campus officials; 

‘‘(C) determine the number and type of sanctions 

described in paragraph (1)(E) that are imposed by the 

20 USC 1011c 

note. 

20 USC 1011c 

note. 

Public 

information. 


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institution as a result of drug and alcohol-related violations 

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

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

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

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

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

the five succeeding fiscal years.’’; and 

(3) by striking subsection (f). 

SEC. 108. PRIOR RIGHTS AND OBLIGATIONS. 

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

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

the 4 succeeding fiscal years’’ and inserting ‘‘2009 and for 

each succeeding fiscal year’’; and 

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

the 4 succeeding fiscal years’’ and inserting ‘‘2009 and for 

each succeeding fiscal year’’. 

SEC. 109. DIPLOMA MILLS. 

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

by adding at the end the following: 

‘‘SEC. 123. DIPLOMA MILLS. 

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

assist students, families, and employers in understanding what 

a diploma mill is and how to identify and avoid diploma mills. 

‘‘(b) COLLABORATION.—The Secretary shall continue to collaborate with the United States Postal Service, the Federal Trade 

Commission, the Department of Justice (including the Federal 

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

Office of Personnel Management to maximize Federal efforts to— 

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

‘‘(2) broadly disseminate to the public information about 

diploma mills, and resources to identify diploma mills.’’. 

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

(a) PROMOTION OF FEDERAL STUDENT FINANCIAL AID

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

subsection (d) and inserting the following: 

‘‘(d) PROMOTION OF THE DEPARTMENT OF EDUCATION FEDERAL

STUDENT FINANCIAL AID WEBSITE.—The Secretary shall display 

a link to the Federal student financial aid website of the Department in a prominent place on the homepage of the Department’s 

website. 

‘‘(e) ENHANCED STUDENT FINANCIAL AID INFORMATION.— 

‘‘(1) IMPLEMENTATION.—The Secretary shall continue to 

improve the usefulness and accessibility of the information 

provided by the Department on college planning and student 

financial aid. 

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

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

a major media campaign and other forms of communication. 

Web site. 

20 USC 1011l. 


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

this subsection, the Secretary shall create one website accessible from the Department’s website that fulfills the requirements under subsections (b), (f), and (g).’’. 

(b) IMPROVED INFORMATION CONCERNING FINANCIAL AID FOR

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

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

at the end the following: 

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

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

the Secretary of Defense and the Secretary of Veterans Affairs, 

shall create a searchable website that— 

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

assistance, readmission requirements under section 484C, 

and other student services, for which members of the 

Armed Forces (including members of the National Guard 

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

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

in subsection (e)(3). 

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

date of enactment of the Higher Education Opportunity Act, 

the Secretary shall make publicly available the Armed Forces 

information website described in paragraph (1). 

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

the Secretary of Defense and the Secretary of Veterans Affairs, 

shall make the availability of the Armed Forces information 

website described in paragraph (1) widely known to members 

of the Armed Forces (including members of the National Guard 

and Reserves), veterans, the dependents of such members or 

veterans, States, institutions of higher education, and the general public. 

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

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

assistance, tuition assistance, scholarship, fellowship, or other 

form of financial aid for pursuing a postsecondary education 

that is— 

‘‘(A) administered, sponsored, or supported by the 

Department of Education, the Department of Defense, the 

Department of Veterans Affairs, or a State; and 

‘‘(B) available to members of the Armed Forces 

(including members of the National Guard and Reserves), 

veterans, or the dependents of such members or veterans. 

‘‘(g) PROMOTION OF AVAILABILITY OF INFORMATION CONCERNING

OTHER STUDENT FINANCIAL AID PROGRAMS.— 

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

‘nondepartmental student financial assistance program’ means 

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

is— 

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

Deadline. 

Web site. 


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

department or agency other than the Department of Education. 

‘‘(2) AVAILABILITY OF OTHER STUDENT FINANCIAL AID

INFORMATION.—The Secretary shall ensure that— 

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

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

and conditions, and other relevant information for each 

nondepartmental student financial assistance program are 

searchable and accessible through the Federal student 

financial aid website in a manner that is simple and understandable for students and the students’ families; and 

‘‘(B) the website displaying the information described 

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

Technology, Engineering, and Mathematics pursuant to 

paragraph (4), and the information on military benefits 

under subsection (f), once such Database and information 

are available. 

‘‘(3) NONDEPARTMENTAL STUDENT FINANCIAL ASSISTANCE

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

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

shall— 

‘‘(A) promptly respond to surveys or other requests 

from the Secretary for the information described in such 

paragraph; and 

‘‘(B) identify for the Secretary any nondepartmental 

student financial assistance program operated, sponsored, 

or supported by such Federal department or agency. 

‘‘(4) NATIONAL STEM DATABASE.— 

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

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

a National Database on Financial Assistance for the Study 

of Science, Technology, Engineering, and Mathematics (in 

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

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

local, and, to the maximum extent practicable, private 

financial assistance available for the study of science, technology, engineering, or mathematics at the postsecondary 

and postbaccalaureate levels. 

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

website in the following manner: 

‘‘(i) SEPARATE INFORMATION.—The STEM Database 

shall provide separate information for each of the fields 

of science, technology, engineering, and mathematics, 

and for postsecondary and postbaccalaureate programs 

of financial assistance. 

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

STEM Database shall provide specific information on 

any program of financial assistance that is targeted 

to individuals based on financial need, merit, or student characteristics. 

Web site. 

Deadline. 

Web site. 


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

STEM Database shall provide— 

‘‘(I) standard contact information that an 

interested person may use to contact a sponsor 

of any program of financial assistance included 

in the STEM Database; and 

‘‘(II) if such sponsor maintains a public 

website, a link to the website. 

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

STEM Database shall— 

‘‘(I) have a search capability that permits an 

individual to search for information on the basis 

of each category of the information provided 

through the STEM Database and on the basis 

of combinations of categories of the information 

provided, including— 

‘‘(aa) whether the financial assistance is 

need- or merit-based; and 

‘‘(bb) by relevant academic majors; and 

‘‘(II) have a match capability that— 

‘‘(aa) searches the STEM Database for all 

financial assistance opportunities for which an 

individual may be qualified to apply, based 

on the student characteristics provided by 

such individual; and 

‘‘(bb) provides information to an individual 

for only those opportunities for which such 

individual is qualified, based on the student 

characteristics provided by such individual. 

‘‘(v) RECOMMENDATION AND DISCLAIMER.—The 

STEM Database shall provide, to the users of the 

STEM Database— 

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

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

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

in the STEM Database are not provided or 

endorsed by the Department or the Federal 

Government. 

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

shall— 

‘‘(i) consult with public and private sources of scholarships, fellowships, and other programs of student 

financial assistance; and 

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

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

‘‘(D) CONTRACT AUTHORIZED.—In carrying out the 

requirements of this paragraph, the Secretary is authorized 

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

such as the one required under this paragraph, under 

which contract the entity shall furnish, and regularly 


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update, all of the information required to be maintained 

on the STEM Database. 

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

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

to disseminate information under this subsection and to encourage the use of the information by interested parties, including 

sending notices to secondary schools and institutions of higher 

education.’’. 

(c) NO USER FEES FOR DEPARTMENT FINANCIAL AID WEBSITES.— Section 131 (as amended by subsection (b)) (20 U.S.C. 1015) is 

further amended by adding at the end the following: 

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

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

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

information about higher education programs or student financial assistance, including the College Navigator website (or 

successor website) and the websites and databases described 

in this section and section 132; or 

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

website of the Department.’’. 

SEC. 111. TRANSPARENCY IN COLLEGE TUITION FOR CONSUMERS. 

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

the end the following: 

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

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) COLLEGE NAVIGATOR WEBSITE.—The term ‘College 

Navigator website’ means the College Navigator website operated by the Department and includes any successor website. 

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

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

board, books, supplies, and transportation for an institution 

of higher education for a first-time, full-time undergraduate 

student enrolled in the institution. 

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

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

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

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

for which the determination is made; and 

‘‘(B) the quotient of— 

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

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

the institution for such year; and 

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

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

for such year. 

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

the average annual cost of tuition and fees for an institution 

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

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

calculations regarding cost of attendance, net price, and tuition 

and fees under this section with respect to a public institution 

20 USC 1015a. 


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PUBLIC LAW 110–315—AUG. 14, 2008 122 STAT. 3099 

of higher education, the Secretary shall calculate the cost of attendance, net price, and tuition and fees at such institution in the 

manner described in subsection (a), except that— 

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

shall be calculated for first-time, full-time undergraduate students enrolled in the institution who are residents of the State 

in which such institution is located; and 

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

grant aid and merit-based grant aid described in subsection 

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

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

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

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

at such institution. 

‘‘(c) COLLEGE AFFORDABILITY AND TRANSPARENCY LISTS.— ‘‘(1) AVAILABILITY OF LISTS.—Beginning July 1, 2011, the 

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

by State, the following: 

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

category described in subsection (d) that have the highest 

tuition and fees for the most recent academic year for 

which data are available. 

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

such category that have the highest net price for the most 

recent academic year for which data are available. 

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

such category that have the largest increase, expressed 

as a percentage change, in tuition and fees over the most 

recent three academic years for which data are available, 

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

the base year to compute such percentage change. 

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

such category that have the largest increase, expressed 

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

three academic years for which data are available, using 

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

base year to compute such percentage change. 

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

such category that have the lowest tuition and fees for 

the most recent academic year for which data are available. 

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

such category that have the lowest net price for the most 

recent academic year for which data are available. 

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

update the lists described in paragraph (1) on the College 

Navigator website. 

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

of institutions that participate in programs under title IV: 

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

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

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

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

Effective date. 

Public 

information. 

Web site. 


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

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

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

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

higher education. 

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

higher education. 

‘‘(e) REPORTS BY INSTITUTIONS.— ‘‘(1) REPORT TO SECRETARY.—If an institution of higher 

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

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

Secretary a report containing the following information: 

‘‘(A) A description of the major areas in the institution’s 

budget with the greatest cost increases. 

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

in subparagraph (A). 

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

toward the goal of reducing costs in the areas described 

in subparagraph (A). 

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

on the same list under subparagraph (C) or (D) of subsection (c)(1) for two or more consecutive years, a description of the progress made on the steps described in subparagraph (C) of this paragraph that were included in the 

institution’s report for the previous year. 

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

in subparagraph (A) is not within the exclusive control 

of the institution— 

‘‘(i) an explanation of the extent to which the 

institution participates in determining such cost 

increase; 

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

such cost increase; and 

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

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

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

the reports by institutions required under paragraph (1) 

to the authorizing committees; and 

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

website. 

‘‘(f) EXEMPTIONS.— 

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

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

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

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

$600 for the three-year period described in such subparagraph. 

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

thereafter, the Secretary shall update the dollar amount 

described in paragraph (1) based on annual increases in inflation, using the Consumer Price Index for each of the three 

most recent preceding years. 

Effective date. 

Deadline. 


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

charts for each State, comparisons of— 

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

full-time equivalent student at all public institutions of higher 

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

‘‘(2) the percentage change in tuition and fees for such 

students for all public institutions of higher education in such 

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

and 

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

academic years. 

‘‘(h) NET PRICE CALCULATOR.— 

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

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

with institutions of higher education and other appropriate 

experts, develop a net price calculator to help current and 

prospective students, families, and other consumers estimate 

the individual net price of an institution of higher education 

for a student. The calculator shall be developed in a manner 

that enables current and prospective students, families, and 

consumers to determine an estimate of a current or prospective 

student’s individual net price at a particular institution. 

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

of this subsection, an individual net price of an institution 

of higher education shall be calculated in the same manner 

as the net price of such institution is calculated under subsection (a)(3), except that the cost of attendance and the amount 

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

for the individual student as much as practicable. 

‘‘(3) USE OF NET PRICE CALCULATOR BY INSTITUTIONS.— 

Not later than two years after the date on which the Secretary 

makes the calculator developed under paragraph (1) available 

to institutions of higher education, each institution of higher 

education that receives Federal funds under title IV shall make 

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

other consumers estimate a student’s individual net price at 

such institution of higher education. Such calculator may be 

a net price calculator developed— 

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

or 

‘‘(B) by the institution of higher education, if the 

institution’s calculator includes, at a minimum, the same 

data elements included in the calculator developed under 

paragraph (1). 

‘‘(4) DISCLAIMER.—Estimates of an individual net price 

determined using a net price calculator required under paragraph (3) shall be accompanied by a clear and conspicuous 

notice— 

‘‘(A) stating that the estimate— 

Deadline. 

Web site. 

Deadline. 

Reports. 

Web site. 


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122 STAT. 3102 PUBLIC LAW 110–315—AUG. 14, 2008 

‘‘(i) does not represent a final determination, or 

actual award, of financial assistance; 

‘‘(ii) shall not be binding on the Secretary, the 

institution of higher education, or the State; and 

‘‘(iii) may change; 

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

Application for Federal Student Aid described in section 

483 in order to be eligible for, and receive, an actual 

financial aid award that includes Federal grant, loan, or 

work-study assistance under title IV; and 

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

that allows students to access the Free Application for 

Federal Student Aid described in section 483. 

‘‘(i) CONSUMER INFORMATION.— ‘‘(1) AVAILABILITY OF TITLE IV INSTITUTION INFORMATION.— Not later than one year after the date of enactment of the 

Higher Education Opportunity Act, the Secretary shall make 

publicly available on the College Navigator website, in simple 

and understandable terms, the following information about each 

institution of higher education that participates in programs 

under title IV, for the most recent academic year for which 

satisfactory data are available: 

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

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

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

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

to be submitted, the reading, writing, mathematics, and 

combined scores on the SAT or ACT, as applicable, for 

the middle 50 percent range of the institution’s freshman 

class. 

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

students enrolled at the institution, at the undergraduate 

and (if applicable) graduate levels. 

‘‘(E) The number of degree- or certificate-seeking 

undergraduate students enrolled at the institution who 

have transferred from another institution. 

‘‘(F) The percentages of male and female undergraduate 

students enrolled at the institution. 

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

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

the State in which the institution is located; 

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

other States; and 

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

‘‘(H) The percentages of first-time, full-time, degreeor certificate-seeking students enrolled at the institution, 

disaggregated by race and ethnic background. 

‘‘(I) The percentage of undergraduate students enrolled 

at the institution who are formally registered with the 

office of disability services of the institution (or the equivalent office) as students with disabilities, except that if 

such percentage is three percent or less, the institution 

shall report ‘three percent or less’. 

Deadline. 

Public 

information. 

Web site. 


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‘‘(J) The percentages of first-time, full-time, degreeor certificate-seeking undergraduate students enrolled at 

the institution who obtain a degree or certificate within— 

‘‘(i) the normal time for completion of, or graduation from, the student’s program; 

‘‘(ii) 150 percent of the normal time for completion 

of, or graduation from, the student’s program; and 

‘‘(iii) 200 percent of the normal time for completion 

of, or graduation from, the student’s program; 

‘‘(K) The number of certificates, associate degrees, 

baccalaureate degrees, master’s degrees, professional 

degrees, and doctoral degrees awarded by the institution. 

‘‘(L) The undergraduate major areas of study at the 

institution with the highest number of degrees awarded. 

‘‘(M) The student-faculty ratio, the number of fulltime and part-time faculty, and the number of graduate 

assistants with primarily instructional responsibilities, at 

the institution. 

‘‘(N)(i) The cost of attendance for first-time, full-time 

undergraduate students enrolled in the institution who 

live on campus; 

‘‘(ii) the cost of attendance for first-time, full-time 

undergraduate students enrolled in the institution who 

live off campus; and 

‘‘(iii) in the case of a public institution of higher education and notwithstanding subsection (b)(1), the costs 

described in clauses (i) and (ii), for— 

‘‘(I) first-time, full-time students enrolled in the 

institution who are residents of the State in which 

the institution is located; and 

‘‘(II) first-time, full-time students enrolled in the 

institution who are not residents of such State. 

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

full-time undergraduate student enrolled at the institution 

who receives financial aid. 

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

loans provided through the institution to undergraduate 

students enrolled at the institution. 

‘‘(Q) The total annual grant aid awarded to undergraduate students enrolled at the institution, from the 

Federal Government, a State, the institution, and other 

sources known by the institution. 

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

any other type of student financial assistance known by 

the institution, provided publicly or through the institution, 

such as Federal work-study funds. 

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

receiving Federal Pell Grants. 

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

under section 435(m). 

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

be collected under section 485(i). 

‘‘(V) A link to the institution’s website that provides, 

in an easily accessible manner, the following information: 


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122 STAT. 3104 PUBLIC LAW 110–315—AUG. 14, 2008 

‘‘(i) Student activities offered by the institution. 

‘‘(ii) Services offered by the institution for individuals with disabilities. 

‘‘(iii) Career and placement services offered by the 

institution to students during and after enrollment. 

‘‘(iv) Policies of the institution related to transfer 

of credit from other institutions. 

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

of Labor Statistics website that provides information on 

regional data on starting salaries in all major occupations. 

‘‘(X) Information required to be submitted under paragraph (4) and a link to the institution pricing summary 

page described in paragraph (5). 

‘‘(Y) In the case of an institution that was required 

to submit a report under subsection (e)(1), a link to such 

report. 

‘‘(Z) The availability of alternative tuition plans, which 

may include guaranteed tuition plans. 

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

update the information described in paragraph (1) on the College Navigator website. 

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

with current and prospective college students, family members 

of such students, institutions of higher education, and other 

experts to improve the usefulness and relevance of the College 

Navigator website, with respect to the presentation of the consumer information collected in paragraph (1). 

‘‘(4) DATA COLLECTION.—The Commissioner for Education 

Statistics shall continue to update and improve the Integrated 

Postsecondary Education Data System (referred to in this section as ‘IPEDS’), including the reporting of information by 

institutions and the timeliness of the data collected. 

‘‘(5) INSTITUTION PRICING SUMMARY PAGE.— 

‘‘(A) AVAILABILITY OF LIST OF PARTICIPATING INSTITUTIONS.—The Secretary shall make publicly available on 

the College Navigator website in a sortable and searchable 

format a list of all institutions of higher education that 

participate in programs under title IV, which list shall, 

for each institution, include the following: 

‘‘(i) The tuition and fees for each of the three 

most recent academic years for which data are available. 

‘‘(ii) The net price for each of the three most recent 

available academic years for which data are available. 

‘‘(iii)(I) During the period beginning July 1, 2010, 

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

receiving Federal student financial aid under title IV, 

disaggregated by the income categories described in 

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

which data are available. 

‘‘(II) Beginning July 1, 2013, the net price for 

students receiving Federal student financial aid under 

title IV, disaggregated by the income categories 

described in paragraph (6), for each of the three most 

recent academic years for which data are available. 

Effective date. 

Time period. 

Web site. 

Web site. 


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‘‘(iv) The average annual percentage change and 

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

years for which data are available. 

‘‘(v) The average annual percentage change and 

average annual dollar change in such institution’s net 

price for each of the three most recent preceding academic years for which data are available. 

‘‘(vi) A link to the webpage on the College Navigator website that provides the information described 

in paragraph (1) for the institution. 

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

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

‘‘(6) INCOME CATEGORIES.— ‘‘(A) IN GENERAL.—For purposes of reporting the 

information required under this subsection, the following 

income categories shall apply for students who receive Federal student financial aid under title IV: 

‘‘(i) $0–30,000. 

‘‘(ii) $30,001–48,000. 

‘‘(iii) $48,001–75,000. 

‘‘(iv) $75,001–110,000. 

‘‘(v) $110,001 and more. 

‘‘(B) ADJUSTMENT.—The Secretary may adjust the 

income categories listed in subparagraph (A) using the 

Consumer Price Index if the Secretary determines such 

adjustment is necessary. 

‘‘(j) MULTI-YEAR TUITION CALCULATOR.— 

‘‘(1) DEVELOPMENT OF MULTI-YEAR TUITION CALCULATOR.— 

Not later than one year after the date of enactment of the 

Higher Education Opportunity Act, the Secretary shall, in consultation with institutions of higher education, financial planners, and other appropriate experts, develop a multi-year tuition calculator to help current and prospective students, families of such students, and other consumers estimate the amount 

of tuition an individual may pay to attend an institution of 

higher education in future years. 

‘‘(2) CALCULATION OF MULTI-YEAR TUITION.—The multi-year 

tuition calculator described in paragraph (1) shall— 

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

higher education for which the calculation shall be made; 

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

year of the normal duration of the program of study at 

such institution by— 

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

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

recent academic year for which such data are reported; 

and 

‘‘(ii) determining an estimated annual percentage 

change for each year for which the calculation is made, 

based on the annual percentage change in such institution’s tuition and fees, as reported under subsection 

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

which such data are reported; 

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

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

Deadline. 

Applicability. 

Web site. 


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122 STAT. 3106 PUBLIC LAW 110–315—AUG. 14, 2008 

based on the normal duration of such program, using the 

estimate calculated under subparagraph (B) for each year 

of the program of study; 

‘‘(D) provide the individual with the option to replace 

the estimated annual percentage change described in 

subparagraph (B)(ii) with an alternative annual percentage 

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

of the total amount of tuition and fees using the alternative 

percentage change; 

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

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

such guarantee program for the tuition and fees charged 

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

of the program of study; and 

‘‘(F) include any other features or information determined to be appropriate by the Secretary. 

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

on the College Navigator website and shall allow current and 

prospective students, families of such students, and consumers 

to compare information and estimates under this subsection 

for multiple institutions of higher education. 

‘‘(4) DISCLAIMER.—Each calculation of estimated tuition and 

fees made using the multi-year tuition calculator described 

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

‘‘(A) stating that the calculation— 

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

the actual amount the student may be charged; 

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

of higher education, or the State; and 

‘‘(iii) may change, subject to the availability of 

financial assistance, State appropriations, and other 

factors; 

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

Application for Federal Student Aid described in section 

483 in order to be eligible for, and receive, an actual 

financial aid award that includes Federal grant, loan, or 

work-study assistance under title IV; and 

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

that allows students to access the Free Application for 

Federal Student Aid described in section 483. 

‘‘(k) STUDENT AID RECIPIENT SURVEY.— 

‘‘(1) SURVEY REQUIRED.—The Secretary, acting through the 

Commissioner for Education Statistics, shall conduct, on a 

State-by-State basis, a survey of recipients of Federal student 

financial aid under title IV— 

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

such Federal student financial aid; 

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

Web site. 


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

State, and private sources received by such recipients from 

all income categories; 

‘‘(D) to describe the— 

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

capacity to repay their education debts; and 

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

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

of postsecondary education in the determination by students of what institution of higher education to attend; 

and 

‘‘(F) to describe how the costs of textbooks and other 

instructional materials affect the costs of postsecondary 

education for students. 

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

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

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

and part-time students, undergraduate, graduate, and professional students, and current and former students. 

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

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

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

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

SEC. 112. TEXTBOOK INFORMATION. 

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

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

of this Act) the following new section: 

‘‘SEC. 133. TEXTBOOK INFORMATION. 

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

ensure that students have access to affordable course materials 

by decreasing costs to students and enhancing transparency and 

disclosure with respect to the selection, purchase, sale, and use 

of course materials. It is the intent of this section to encourage 

all of the involved parties, including faculty, students, administrators, institutions of higher education, bookstores, distributors, and 

publishers, to work together to identify ways to decrease the cost 

of college textbooks and supplemental materials for students while 

supporting the academic freedom of faculty members to select high 

quality course materials for students. 

‘‘(b) DEFINITIONS.—In this section: 

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

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

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

means a textbook or a set of textbooks, used for, or in conjunction with, a course in postsecondary education at an institution 

of higher education. 

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

a listing of the courses or classes offered by an institution 

of higher education for an academic period, as defined by the 

institution. 

‘‘(4) CUSTOM TEXTBOOK.—The term ‘custom textbook’— 

20 USC 1015b. 

Public 

information. 


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‘‘(A) means a college textbook that is compiled by a 

publisher at the direction of a faculty member or other 

person or adopting entity in charge of selecting course 

materials at an institution of higher education; and 

‘‘(B) may include, alone or in combination, items such 

as selections from original instructor materials, previously 

copyrighted publisher materials, copyrighted third-party 

works, and elements unique to a specific institution, such 

as commemorative editions. 

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

section 102. 

‘‘(6) INTEGRATED TEXTBOOK.—The term ‘integrated textbook’ 

means a college textbook that is— 

‘‘(A) combined with materials developed by a third 

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

not be offered by publishers separately from the college 

textbook with which the materials are combined; or 

‘‘(B) combined with other materials that are so interrelated with the content of the college textbook that the 

separation of the college textbook from the other materials 

would render the college textbook unusable for its intended 

purpose. 

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

of college textbooks or supplemental materials involved in or 

affecting interstate commerce. 

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

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

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

subject matter. 

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

material’ means educational material developed to accompany 

a college textbook that— 

‘‘(A) may include printed materials, computer disks, 

website access, and electronically distributed materials; and 

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

textbook. 

‘‘(c) PUBLISHER REQUIREMENTS.— 

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

publisher provides a faculty member or other person or adopting 

entity in charge of selecting course materials at an institution 

of higher education receiving Federal financial assistance with 

information regarding a college textbook or supplemental material, the publisher shall include, with any such information 

and in writing (which may include electronic communications), 

the following: 

‘‘(A) The price at which the publisher would make 

the college textbook or supplemental material available 

to the bookstore on the campus of, or otherwise associated 

with, such institution of higher education and, if available, 

the price at which the publisher makes the college textbook 

or supplemental material available to the public. 

‘‘(B) The copyright dates of the three previous editions 

of such college textbook, if any. 

‘‘(C) A description of the substantial content revisions 

made between the current edition of the college textbook 

or supplemental material and the previous edition, if any. 


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‘‘(D)(i) Whether the college textbook or supplemental 

material is available in any other format, including paperback and unbound; and 

‘‘(ii) for each other format of the college textbook or 

supplemental material, the price at which the publisher 

would make the college textbook or supplemental material 

in the other format available to the bookstore on the campus of, or otherwise associated with, such institution of 

higher education and, if available, the price at which the 

publisher makes such other format of the college textbook 

or supplemental material available to the public. 

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

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

textbook and each supplemental material as separate and 

unbundled items, each separately priced. 

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

under this subsection with respect to the development and 

provision of custom textbooks. 

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

COURSE SCHEDULES.—To the maximum extent practicable, each 

institution of higher education receiving Federal financial assistance 

shall— 

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

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

Standard Book Number and retail price information of required 

and recommended college textbooks and supplemental materials for each course listed in the institution’s course schedule 

used for preregistration and registration purposes, except 

that— 

‘‘(A) if the International Standard Book Number is 

not available for such college textbook or supplemental 

material, then the institution shall include in the Internet 

course schedule the author, title, publisher, and copyright 

date for such college textbook or supplemental material; 

and 

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

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

then the institution shall so indicate by placing the designation ‘To Be Determined’ in lieu of the information required 

under this subsection; and 

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

schedule a notice that textbook information is available on 

the institution’s Internet course schedule, and the Internet 

address for such schedule. 

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

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

of such college bookstore, the most accurate information available 

regarding— 

‘‘(1) the institution’s course schedule for the subsequent 

academic period; and 

Web site. 


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‘‘(2) for each course or class offered by the institution for 

the subsequent academic period— 

‘‘(A) the information required by subsection (d)(1) for 

each college textbook or supplemental material required 

or recommended for such course or class; 

‘‘(B) the number of students enrolled in such course 

or class; and 

‘‘(C) the maximum student enrollment for such course 

or class. 

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

information required by subsection (d)(1) is encouraged to disseminate to students information regarding— 

‘‘(1) available institutional programs for renting textbooks 

or for purchasing used textbooks; 

‘‘(2) available institutional guaranteed textbook buy-back 

programs; 

‘‘(3) available institutional alternative content delivery programs; or 

‘‘(4) other available institutional cost-saving strategies. 

‘‘(g) GAO REPORT.—Not later than July 1, 2013, the Comptroller 

General of the United States shall report to the authorizing committees on the implementation of this section by institutions of higher 

education, college bookstores, and publishers. The report shall 

particularly examine— 

‘‘(1) the availability of college textbook information on 

course schedules; 

‘‘(2) the provision of pricing information to faculty of institutions of higher education by publishers; 

‘‘(3) the use of bundled and unbundled material in the 

college textbook marketplace, including the adoption of 

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

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

higher education, including the costs and benefits to such 

institutions and to students. 

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

be construed to supercede the institutional autonomy or academic 

freedom of instructors involved in the selection of college textbooks, 

supplemental materials, and other classroom materials. 

‘‘(i) NO REGULATORY AUTHORITY.—The Secretary shall not 

promulgate regulations with respect to this section.’’. 

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

shall take effect on July 1, 2010. 

SEC. 113. DATABASE OF STUDENT INFORMATION PROHIBITED. 

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

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

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

‘‘(a) PROHIBITION.—Except as described in subsection (b), 

nothing in this Act shall be construed to authorize the development, 

implementation, or maintenance of a Federal database of personally 

identifiable information on individuals receiving assistance under 

this Act, attending institutions receiving assistance under this Act, 

or otherwise involved in any studies or other collections of data 

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

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

over time. 

20 USC 1015c. 

20 USC 1015b 

note. 


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

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

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

by title II, IV, or VII; and 

‘‘(2) was in use by the Secretary, directly or through a 

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

Higher Education Opportunity Act. 

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

State or a consortium of States from developing, implementing, 

or maintaining State-developed databases that track individuals 

over time, including student unit record systems that contain 

information related to enrollment, attendance, graduation and 

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

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

SPOUSES, AND DEPENDENT CHILDREN. 

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

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

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

FORCES ON ACTIVE DUTY, SPOUSES, AND DEPENDENT 

CHILDREN. 

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

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

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

receives assistance under this Act, such State shall not charge 

such member (or the spouse or dependent child of such member) 

tuition for attendance at a public institution of higher education 

in the State at a rate that is greater than the rate charged for 

residents of the State. 

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

spouse or dependent child of a member) pays tuition at a public 

institution of higher education in a State at a rate determined 

by subsection (a), the provisions of subsection (a) shall continue 

to apply to such member, spouse, or dependent while continuously 

enrolled at that institution, notwithstanding a subsequent change 

in the permanent duty station of the member to a location outside 

the State. 

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

public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such 

institution that begins after July 1, 2009. 

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

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

meanings given those terms in section 101 of title 10, United 

States Code.’’. 

SEC. 115. STATE HIGHER EDUCATION INFORMATION SYSTEM PILOT 

PROGRAM. 

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

U.S.C. 1015) is further amended by adding after section 135 (as 

added by section 114 of this Act) the following: 

20 USC 1015d. 


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

PROGRAM. 

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

a pilot program to assist not more than five States to develop 

State-level postsecondary student data systems to— 

‘‘(1) improve the capacity of States and institutions of 

higher education to generate more comprehensive and comparable data, in order to develop better-informed educational 

policy at the State level and to evaluate the effectiveness of 

institutional performance while protecting the confidentiality 

of students’ personally identifiable information; and 

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

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

assist institutions in improving educational practice and postsecondary outcomes. 

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

‘eligible entity’ means— 

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

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

a consortium of individual institutions of higher education, 

that is broadly representative of institutions in different sectors 

and geographic locations. 

‘‘(c) COMPETITIVE GRANTS.— 

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

grants, on a competitive basis, to not more than five eligible 

entities to enable the eligible entities to— 

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

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

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

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

be for a period of not more than three years. 

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

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

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

is protected and that individually identifiable information about 

students, the students’ achievements, and the students’ families 

remains confidential in accordance with section 444 of the 

General Education Provisions Act (Family Educational Rights 

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

‘‘(2) how the activities funded by the grant will be supported 

after the three-year grant period. 

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

be used to— 

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

a comprehensive postsecondary student data system with the 

capacity to transmit student information within a State; 

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

to analyze and use student data; 

20 USC 1015e. 


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

and other elements that will enable the data system to— 

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

for institutional research and improvement; 

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

useful information for decision-making about postsecondary 

education; and 

‘‘(C) provide State policymakers with improved 

information to monitor and guide efforts to improve student 

outcomes and success in higher education; 

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

for the reporting system for different types of institutions; 

and 

‘‘(5) test the feasibility of protocols and standards for 

maintaining data privacy and data access. 

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

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

the Secretary shall— 

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

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

student data systems, to the authorizing committees. 

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

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

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

fiscal years.’’. 

SEC. 116. STATE COMMITMENT TO AFFORDABLE COLLEGE EDUCATION. 

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

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

new section: 

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

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

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

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

an amount which is equal to or greater than the average 

amount provided for non-capital and non-direct research and 

development expenses or costs by such State to such institutions 

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

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

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

2008, an amount which is equal to or greater than the average 

amount provided for student financial aid for paying costs 

associated with postsecondary education by such State to such 

institutions during the five most recent preceding academic 

years for which satisfactory data are available. 

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

funding levels for postsecondary education in States with biennial 

appropriation cycles. 

Effective date. 

20 USC 1015f. 


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

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

would be equitable due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and 

unforseen decline in the financial resources of a State or State 

educational agency, as appropriate. 

‘‘(d) VIOLATION OF MAINTENANCE OF EFFORT.—Notwithstanding 

any other provision of law, the Secretary shall withhold from any 

State that violates subsection (a) and does not receive a waiver 

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

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

significant efforts to correct such violation.’’. 

SEC. 117. PERFORMANCE-BASED ORGANIZATION FOR THE DELIVERY 

OF FEDERAL STUDENT FINANCIAL ASSISTANCE. 

Section 141 (20 U.S.C. 1018) is amended— 

(1) in subsection (a)— 

(A) in paragraph (1), by striking ‘‘operational’’ and 

inserting ‘‘administrative and oversight’’; and 

(B) in paragraph (2)(D), by striking ‘‘of the operational 

functions’’ and inserting ‘‘and administration’’; 

(2) in subsection (b)— 

(A) in paragraph (1)— 

(i) in subparagraph (A), by striking ‘‘the information systems administered by the PBO, and other functions performed by the PBO’’ and inserting ‘‘the Federal 

student financial assistance programs authorized 

under title IV’’; and 

(ii) by striking subparagraph (C) and inserting 

the following: 

‘‘(C) assist the Chief Operating Officer in identifying 

goals for— 

‘‘(i) the administration of the systems used to 

administer the Federal student financial assistance 

programs authorized under title IV; and 

‘‘(ii) the updating of such systems to current technology.’’; 

(B) in paragraph (2)— 

(i) in the matter preceding subparagraph (A)— 

(I) by striking ‘‘administration of the information and financial systems that support’’ and 

inserting ‘‘the administration of Federal’’; and 

(II) by striking ‘‘this title’’ and inserting ‘‘title 

IV’’; 

(ii) in subparagraph (A)— 

(I) in the matter preceding clause (i), by 

striking ‘‘of the delivery system for Federal student 

assistance’’ and inserting ‘‘for the Federal student 

financial assistance programs authorized under 

title IV’’; 

(II) by striking clauses (i) and (ii) and inserting 

the following: 

‘‘(i) the collection, processing, and transmission of 

data to students, institutions, lenders, State agencies, 

and other authorized parties; 


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‘‘(ii) the design and technical specifications for software development and procurement for systems supporting the Federal student financial assistance programs authorized under title IV;’’; 

(III) in clause (iii), by striking ‘‘delivery’’ and 

inserting ‘‘administration’’; 

(IV) in clause (iv)— 

(aa) by inserting ‘‘the Federal’’ after ‘‘supporting’’; 

(bb) by striking ‘‘under this title’’ and 

inserting ‘‘authorized under title IV’’; and 

(cc) by striking ‘‘and’’ after the semicolon; 

(V) in clause (v), by striking ‘‘systems that 

support those programs.’’ and inserting ‘‘the 

administration of the Federal student financial 

assistance programs authorized under title IV; 

and’’; and 

(VI) by adding at the end the following: 

‘‘(vi) ensuring the integrity of the Federal student 

financial assistance programs authorized under title 

IV.’’; and 

(iii) in subparagraph (B), by striking ‘‘operations 

and services’’ and inserting ‘‘activities and functions’’; 

and 

(3) in subsection (c)— 

(A) in the subsection heading, by striking ‘‘PERFORMANCE PLAN AND REPORT’’ and inserting ‘‘PERFORMANCE

PLAN, REPORT, AND BRIEFING’’; 

(B) in paragraph (1)(C)— 

(i) by striking ‘‘this title’’ each place the term 

appears and inserting ‘‘under title IV’’; 

(ii) in clause (iii), by striking ‘‘information and 

delivery’’; and 

(iii) in clause (iv)— 

(I) by striking ‘‘Developing an’’ and inserting 

‘‘Developing’’; and 

(II) by striking ‘‘delivery and information 

system’’ and inserting ‘‘systems’’; 

(C) in paragraph (2)— 

(i) in subparagraph (A), by inserting ‘‘the’’ after 

‘‘PBO and’’; and 

(ii) in subparagraph (B), by striking ‘‘Officer’’ and 

inserting ‘‘Officers’’; 

(D) in paragraph (3), by inserting ‘‘students,’’ after 

‘‘consult with’’; and 

(E) by adding at the end the following: 

‘‘(4) BRIEFING ON ENFORCEMENT OF STUDENT LOAN PROVISIONS.—The Secretary shall, upon request, provide a briefing 

to the members of the authorizing committees on the steps 

the Department has taken to ensure— 

‘‘(A) the integrity of the student loan programs; and 

‘‘(B) that lenders and guaranty agencies are adhering 

to the requirements of title IV.’’; 

(4) in subsection (d)— 

(A) in paragraph (1), by striking the second sentence; 

and 

(B) in paragraph (5)— 


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(i) in subparagraph (B), by striking ‘‘paragraph 

(2)’’ and inserting ‘‘paragraph (4)’’; and 

(ii) in subparagraph (C), by striking ‘‘this’’; 

(5) in subsection (f)— 

(A) in paragraph (2), by striking ‘‘to borrowers’’ and 

inserting ‘‘to students, borrowers,’’; and 

(B) in paragraph (3)(A), by striking ‘‘(1)(A)’’ and 

inserting ‘‘(1)’’; 

(6) in subsection (g)(3), by striking ‘‘not more than 25’’; 

(7) in subsection (h), by striking ‘‘organizational effectiveness’’ and inserting ‘‘effectiveness’’; 

(8) by striking subsection (i); 

(9) by redesignating subsection (j) as subsection (i); and 

(10) in subsection (i) (as redesignated by paragraph (9)), 

by striking ‘‘, including transition costs’’. 

SEC. 118. PROCUREMENT FLEXIBILITY. 

Section 142 (20 U.S.C. 1018a) is amended— 

(1) in subsection (b)— 

(A) in paragraph (1)— 

(i) by striking ‘‘for information systems supporting 

the programs authorized under title IV’’; and 

(ii) by striking ‘‘and’’ after the semicolon; 

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

end and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(3) through the Chief Operating Officer— 

‘‘(A) to the maximum extent practicable, utilize 

procurement systems that streamline operations, improve 

internal controls, and enhance management; and 

‘‘(B) assess the efficiency of such systems and assess 

such systems’ ability to meet PBO requirements.’’; 

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

‘‘(2) FEE FOR SERVICE ARRANGEMENTS.—The Chief Operating Officer shall, when appropriate and consistent with the 

purposes of the PBO, acquire services related to the functions 

set forth in section 141(b)(2) from any entity that has the 

capability and capacity to meet the requirements set by the 

PBO. The Chief Operating Officer is authorized to pay fees 

that are equivalent to those paid by other entities to an 

organization that provides services that meet the requirements 

of the PBO, as determined by the Chief Operating Officer.’’; 

(3) in subsection (d)(2)(B), by striking ‘‘on Federal Government contracts’’; 

(4) in subsection (g)— 

(A) in paragraph (4)(A)— 

(i) in the subparagraph heading, by striking ‘‘SOLE

SOURCE.—’’ and inserting ‘‘SINGLE-SOURCE BASIS.—’’; 

and 

(ii) by striking ‘‘sole-source’’ and inserting ‘‘singlesource’’; and 

(B) in paragraph (7), by striking ‘‘sole-source’’ and 

inserting ‘‘single-source’’; 

(5) in subsection (h)(2)(A), by striking ‘‘sole-source’’ and 

inserting ‘‘single-source’’; and 

(6) in subsection (l), by striking paragraph (3) and inserting 

the following: 


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‘‘(3) SINGLE-SOURCE BASIS.—The term ‘single-source basis’, 

with respect to an award of a contract, means that the contract 

is awarded to a source after soliciting an offer or offers from, 

and negotiating with, only such source (although such source 

is not the only source in the marketplace capable of meeting 

the need) because such source is the most advantageous source 

for purposes of the award.’’. 

SEC. 119. CERTIFICATION REGARDING THE USE OF CERTAIN FEDERAL 

FUNDS. 

(a) PROHIBITION.—No Federal funds received under the Higher 

Education Act of 1965 (20 U.S.C. 1001 et seq.) by an institution 

of higher education or other postsecondary educational institution 

may be used to pay any person for influencing or attempting to 

influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a 

Member of Congress in connection with any Federal action described 

in subsection (b). 

(b) APPLICABILITY.—The prohibition in subsection (a) applies 

with respect to the following Federal actions: 

(1) The awarding of any Federal contract. 

(2) The making of any Federal grant. 

(3) The making of any Federal loan. 

(4) The entering into of any Federal cooperative agreement. 

(5) The extension, continuation, renewal, amendment, or 

modification of any Federal contract, grant, loan, or cooperative 

agreement. 

(c) LOBBYING AND EARMARKS.—No Federal student aid funding 

under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) 

may be used to hire a registered lobbyist or pay any person or 

entity for securing an earmark. 

(d) CERTIFICATION.—Each institution of higher education or 

other postsecondary educational institution receiving Federal 

funding under the Higher Education Act of 1965 (20 U.S.C. 1001 

et seq.), as a condition for receiving such funding, shall annually 

certify to the Secretary of Education that the requirements of subsections (a) through (c) have been met. 

(e) ACTIONS TO IMPLEMENT AND ENFORCE.—The Secretary of 

Education shall take such actions as are necessary to ensure that 

the provisions of this section are implemented and enforced. 

SEC. 120. INSTITUTION AND LENDER REPORTING AND DISCLOSURE 

REQUIREMENTS. 

Title I (as amended by this title) (20 U.S.C. 1001 et seq.) 

is further amended by adding at the end the following: 

‘‘PART E—LENDER AND INSTITUTION REQUIREMENTS RELATING TO EDUCATION 

LOANS 

‘‘SEC. 151. DEFINITIONS. 

‘‘In this part: 

‘‘(1) AGENT.—The term ‘agent’ means an officer or employee 

of a covered institution or an institution-affiliated organization. 

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

means any institution of higher education, as such term is 

20 USC 1019. 

Deadline. 

20 USC 1011m. 


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defined in section 102, that receives any Federal funding or 

assistance. 

‘‘(3) EDUCATION LOAN.—The term ‘education loan’ (except 

when used as part of the term ‘private education loan’) means— 

‘‘(A) any loan made, insured, or guaranteed under part 

B of title IV; 

‘‘(B) any loan made under part D of title IV; or 

‘‘(C) a private education loan. 

‘‘(4) ELIGIBLE LENDER.—The term ‘eligible lender’ has the 

meaning given such term in section 435(d). 

‘‘(5) INSTITUTION-AFFILIATED ORGANIZATION.—The term 

‘institution-affiliated organization’— 

‘‘(A) means any organization that— 

‘‘(i) is directly or indirectly related to a covered 

institution; and 

‘‘(ii) is engaged in the practice of recommending, 

promoting, or endorsing education loans for students 

attending such covered institution or the families of 

such students; 

‘‘(B) may include an alumni organization, athletic 

organization, foundation, or social, academic, or professional organization, of a covered institution; and 

‘‘(C) notwithstanding subparagraphs (A) and (B), does 

not include any lender with respect to any education loan 

secured, made, or extended by such lender. 

‘‘(6) LENDER.—The term ‘lender’ (except when used as part 

of the terms ‘eligible lender’ and ‘private educational lender’)— 

‘‘(A) means— 

‘‘(i) in the case of a loan made, insured, or guaranteed under part B of title IV, an eligible lender; 

‘‘(ii) in the case of any loan issued or provided 

to a student under part D of title IV, the Secretary; 

and 

‘‘(iii) in the case of a private education loan, a 

private educational lender as defined in section 140 

of the Truth in Lending Act; and 

‘‘(B) includes any other person engaged in the business 

of securing, making, or extending education loans on behalf 

of the lender. 

‘‘(7) OFFICER.—The term ‘officer’ includes a director or 

trustee of a covered institution or institution-affiliated organization, if such individual is treated as an employee of such covered 

institution or institution-affiliated organization, respectively. 

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

‘‘(A) means an arrangement or agreement between a 

lender and a covered institution or an institution-affiliated 

organization of such covered institution— 

‘‘(i) under which a lender provides or otherwise 

issues education loans to the students attending such 

covered institution or the families of such students; 

and 

‘‘(ii) that relates to such covered institution or 

such institution-affiliated organization recommending, 

promoting, or endorsing the education loan products 

of the lender; and 

‘‘(B) does not include— 


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‘‘(i) arrangements or agreements with respect to 

loans under part D of title IV; or 

‘‘(ii) arrangements or agreements with respect to 

loans that originate through the auction pilot program 

under section 499(b). 

‘‘(9) PRIVATE EDUCATION LOAN.—The term ‘private education loan’ has the meaning given the term in section 140 

of the Truth in Lending Act. 

‘‘SEC. 152. RESPONSIBILITIES OF COVERED INSTITUTIONS, INSTITUTION-AFFILIATED ORGANIZATIONS, AND LENDERS. 

‘‘(a) RESPONSIBILITIES OF COVERED INSTITUTIONS AND INSTITU- TION-AFFILIATED ORGANIZATIONS.— ‘‘(1) DISCLOSURES BY COVERED INSTITUTIONS AND INSTITU- TION-AFFILIATED ORGANIZATIONS.— ‘‘(A) PREFERRED LENDER ARRANGEMENT DISCLOSURES.— In addition to the disclosures required by subsections 

(a)(27) and (h) of section 487 (if applicable), a covered 

institution, or an institution-affiliated organization of such 

covered institution, that participates in a preferred lender 

arrangement shall disclose— 

‘‘(i) on such covered institution’s or institutionaffiliated organization’s website and in all informational materials described in subparagraph (C) that 

describe or discuss education loans— 

‘‘(I) the maximum amount of Federal grant 

and loan aid under title IV available to students, 

in an easy to understand format; 

‘‘(II) the information required to be disclosed 

pursuant to section 153(a)(2)(A)(i), for each type 

of loan described in section 151(3)(A) that is offered 

pursuant to a preferred lender arrangement of the 

institution or organization to students of the 

institution or the families of such students; and 

‘‘(III) a statement that such institution is 

required to process the documents required to 

obtain a loan under part B of title IV from any 

eligible lender the student selects; and 

‘‘(ii) on such covered institution’s or institutionaffiliated organization’s website and in all informational materials described in subparagraph (C) that 

describe or discuss private education loans— 

‘‘(I) in the case of a covered institution, the 

information that the Board of Governors of the 

Federal Reserve System requires to be disclosed 

under section 128(e)(11) of the Truth in Lending 

Act (15 U.S.C. 1638(e)(11)), for each type of private 

education loan offered pursuant to a preferred 

lender arrangement of the institution to students 

of the institution or the families of such students; 

and 

‘‘(II) in the case of an institution-affiliated 

organization of a covered institution, the information the Board of Governors of the Federal Reserve 

System requires to be disclosed under section 

128(e)(1) of the Truth in Lending Act (15 U.S.C. 

1638(e)(1)), for each type of private education loan 

Web site. 

20 USC 1019a. 


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offered pursuant to a preferred lender arrangement of the organization to students of such 

institution or the families of such students. 

‘‘(B) PRIVATE EDUCATION LOAN DISCLOSURES.—A covered institution, or an institution-affiliated organization 

of such covered institution, that provides information 

regarding a private education loan from a lender to a 

prospective borrower shall— 

‘‘(i) provide the prospective borrower with the 

information the Board of Governors of the Federal 

Reserve System requires to be disclosed under section 

128(e)(1) of the Truth in Lending Act (15 U.S.C. 

1638(e)(1)) for such loan; 

‘‘(ii) inform the prospective borrower that— 

‘‘(I) the prospective borrower may qualify for 

loans or other assistance under title IV; and 

‘‘(II) the terms and conditions of loans made, 

insured, or guaranteed under title IV may be more 

favorable than the provisions of private education 

loans; and 

‘‘(iii) ensure that information regarding private 

education loans is presented in such a manner as to 

be distinct from information regarding loans that are 

made, insured, or guaranteed under title IV. 

‘‘(C) INFORMATIONAL MATERIALS.—The informational 

materials described in this subparagraph are publications, 

mailings, or electronic messages or materials that— 

‘‘(i) are distributed to prospective or current students of a covered institution and families of such 

students; and 

‘‘(ii) describe or discuss the financial aid opportunities available to students at an institution of higher 

education. 

‘‘(2) USE OF INSTITUTION NAME.—A covered institution, or 

an institution-affiliated organization of such covered institution, 

that enters into a preferred lender arrangement with a lender 

regarding private education loans shall not agree to the lender’s 

use of the name, emblem, mascot, or logo of such institution 

or organization, or other words, pictures, or symbols readily 

identified with such institution or organization, in the marketing of private education loans to students attending such 

institution in any way that implies that the loan is offered 

or made by such institution or organization instead of the 

lender. 

‘‘(3) USE OF LENDER NAME.—A covered institution, or an 

institution-affiliated organization of such covered institution, 

that enters into a preferred lender arrangement with a lender 

regarding private education loans shall ensure that the name 

of the lender is displayed in all information and documentation 

related to such loans. 

‘‘(b) LENDER RESPONSIBILITIES.— ‘‘(1) DISCLOSURES BY LENDERS.— 

‘‘(A) DISCLOSURES TO BORROWERS.— 

‘‘(i) FEDERAL EDUCATION LOANS.—For each education loan that is made, insured, or guaranteed under 

part B or D of title IV (other than a loan made under 

section 428C or a Federal Direct Consolidation Loan), 


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at or prior to the time the lender disburses such loan, 

the lender shall provide the prospective borrower or 

borrower, in writing (including through electronic 

means), with the disclosures described in subsections 

(a) and (c) of section 433. 

‘‘(ii) PRIVATE EDUCATION LOANS.—For each of a 

lender’s private education loans, the lender shall 

comply with the disclosure requirements under section 

128(e) of the Truth in Lending Act (15 U.S.C. 1638(e)). 

‘‘(B) DISCLOSURES TO THE SECRETARY.— 

‘‘(i) IN GENERAL.—Each lender of a loan made, 

insured, or guaranteed under part B of title IV shall, 

on an annual basis, report to the Secretary— 

‘‘(I) any reasonable expenses paid or provided 

under section 435(d)(5)(D) or paragraph (3)(B) or 

(7) of section 487(e) to any agent of a covered 

institution who— 

‘‘(aa) is employed in the financial aid office 

of a covered institution; or 

‘‘(bb) otherwise has responsibilities with 

respect to education loans or other financial 

aid of the institution; and 

‘‘(II) any similar expenses paid or provided 

to any agent of an institution-affiliated organization who is involved in the practice of recommending, promoting, or endorsing education loans. 

‘‘(ii) CONTENTS OF REPORTS.—Each report described 

in clause (i) shall include— 

‘‘(I) the amount for each specific instance in 

which the lender provided such expenses; 

‘‘(II) the name of any agent described in clause 

(i) to whom the expenses were paid or provided; 

‘‘(III) the dates of the activity for which the 

expenses were paid or provided; and 

‘‘(IV) a brief description of the activity for 

which the expenses were paid or provided. 

‘‘(iii) REPORT TO CONGRESS.—The Secretary shall 

summarize the information received from the lenders 

under this subparagraph in a report and transmit such 

report annually to the authorizing committees. 

‘‘(2) CERTIFICATION BY LENDERS.—Not later than 18 months 

after the date of enactment of the Higher Education Opportunity Act— 

‘‘(A) in addition to any other disclosure required under 

Federal law, each lender of a loan made, insured, or 

guaranteed under part B of title IV that participates in 

one or more preferred lender arrangements shall annually 

certify the lender’s compliance with the requirements of 

this Act; and 

‘‘(B) if an audit of a lender is required pursuant to 

section 428(b)(1)(U)(iii), the lender’s compliance with the 

requirements under this section shall be reported on and 

attested to annually by the auditor of such lender. 

Reports. 

Deadlines. 

Deadline. 

Reports. 


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‘‘SEC. 153. LOAN INFORMATION TO BE DISCLOSED AND MODEL DISCLOSURE FORM FOR COVERED INSTITUTIONS, INSTITUTIONAFFILIATED ORGANIZATIONS, AND LENDERS PARTICIPATING IN PREFERRED LENDER ARRANGEMENTS. 

‘‘(a) DUTIES OF THE SECRETARY.— ‘‘(1) DETERMINATION OF MINIMUM DISCLOSURES.— ‘‘(A) IN GENERAL.—Not later than 18 months after the 

date of enactment of the Higher Education Opportunity 

Act, the Secretary, in coordination with the Board of Governors of the Federal Reserve System, shall determine 

the minimum information that lenders, covered institutions, and institution-affiliated organizations of such covered institutions participating in preferred lender arrangements shall make available regarding education loans 

described in section 151(3)(A) that are offered to students 

and the families of such students. 

‘‘(B) CONSULTATION AND CONTENT OF MINIMUM DISCLO- SURES.—In carrying out subparagraph (A), the Secretary 

shall— 

‘‘(i) consult with students, the families of such 

students, representatives of covered institutions 

(including financial aid administrators, admission officers, and business officers), representatives of institution-affiliated organizations, secondary school guidance 

counselors, lenders, loan servicers, and guaranty agencies; 

‘‘(ii) include, in the minimum information under 

subparagraph (A) that is required to be made available, 

the information that the Board of Governors of the 

Federal Reserve System requires to be disclosed under 

section 128(e)(1) of the Truth in Lending Act (15 U.S.C. 

1638(e)(1)), modified as necessary to apply to such 

loans; and 

‘‘(iii) consider the merits of requiring each covered 

institution, and each institution-affiliated organization 

of such covered institution, with a preferred lender 

arrangement to provide to prospective borrowers and 

the families of such borrowers the following information for each type of education loan offered pursuant 

to such preferred lender arrangement: 

‘‘(I) The interest rate and terms and conditions 

of the loan for the next award year, including 

loan forgiveness and deferment. 

‘‘(II) Information on any charges, such as origination and Federal default fees, that are payable 

on the loan, and whether those charges will be— 

‘‘(aa) collected by the lender at or prior 

to the disbursal of the loan, including whether 

the charges will be deducted from the proceeds 

of the loan or paid separately by the borrower; 

or 

‘‘(bb) paid in whole or in part by the 

lender. 

‘‘(III) The annual and aggregate maximum 

amounts that may be borrowed. 

‘‘(IV) The average amount borrowed from the 

lender by students who graduated from such 

Deadline. 

20 USC 1019b. 


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institution in the preceding year with certificates, 

undergraduate degrees, graduate degrees, and 

professional degrees, as applicable, and who 

obtained loans of such type from the lender for 

the preceding year. 

‘‘(V) The amount the borrower may pay in 

interest, based on a standard repayment plan and 

the average amount borrowed from the lender by 

students who graduated from such institution in 

the preceding year and who obtained loans of such 

type from the lender for the preceding year, for— 

‘‘(aa) borrowers who take out loans under 

section 428; 

‘‘(bb) borrowers who take out loans under 

section 428B or 428H, who pay the interest 

while in school; and 

‘‘(cc) borrowers who take out loans under 

section 428B or 428H, who do not pay the 

interest while in school. 

‘‘(VI) The consequences for the borrower of 

defaulting on a loan, including limitations on the 

discharge of an education loan in bankruptcy. 

‘‘(VII) Contact information for the lender. 

‘‘(VIII) Other information suggested by the 

persons and entities with whom the Secretary has 

consulted under clause (i). 

‘‘(2) REQUIRED DISCLOSURES.—After making the determinations under paragraph (1), the Secretary, in coordination with 

the Board of Governors of the Federal Reserve System and 

after consultation with the public, shall— 

‘‘(A)(i) provide that the information determined under 

paragraph (1) shall be disclosed by covered institutions, 

and institution-affiliated organizations of such covered 

institutions, with preferred lender arrangements to 

prospective borrowers and the families of such borrowers 

regarding the education loans described in section 151(3)(A) 

that are offered pursuant to such preferred lender arrangements; and 

‘‘(ii) make clear that such covered institutions and 

institution-affiliated organizations may provide the 

required information on a form designed by the institution 

or organization instead of the model disclosure form 

described in subparagraph (B); 

‘‘(B) develop a model disclosure form that may be used 

by covered institutions, institution-affiliated organizations, 

and preferred lenders that includes all of the information 

required under subparagraph (A)(i) in a format that— 

‘‘(i) is easily usable by students, families, institutions, institution-affiliated organizations, lenders, loan 

servicers, and guaranty agencies; and 

‘‘(ii) is similar in format to the form developed 

by the Board of Governors of the Federal Reserve 

System under paragraphs (1) and (5)(A) of section 

128(e), in order to permit students and the families 

of students to easily compare private education loans 

and education loans described in section 151(3)(A); and 


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‘‘(C) update such model disclosure form periodically, 

as necessary. 

‘‘(b) DUTIES OF LENDERS.—Each lender that has a preferred 

lender arrangement with a covered institution, or an institutionaffiliated organization of such covered institution, with respect to 

education loans described in section 151(3)(A) shall annually, by 

a date determined by the Secretary, provide to such covered institution or such institution-affiliated organization, and to the Secretary, 

the information the Secretary requires pursuant to subsection 

(a)(2)(A)(i) for each type of education loan described in section 

151(3)(A) that the lender plans to offer pursuant to such preferred 

lender arrangement to students attending such covered institution, 

or to the families of such students, for the next award year. 

‘‘(c) DUTIES OF COVERED INSTITUTIONS AND INSTITUTION-AFFILIATED ORGANIZATIONS.— 

‘‘(1) PROVIDING INFORMATION TO STUDENTS AND FAMILIES.— 

‘‘(A) IN GENERAL.—Each covered institution, and each 

institution-affiliated organization of such covered institution, that has a preferred lender arrangement shall provide 

the following information to students attending such 

institution, or the families of such students, as applicable: 

‘‘(i) The information the Secretary requires pursuant to subsection (a)(2)(A)(i), for each type of education 

loan described in section 151(3)(A) offered pursuant 

to a preferred lender arrangement to students of such 

institution or the families of such students. 

‘‘(ii)(I) In the case of a covered institution, the 

information that the Board of Governors of the Federal 

Reserve System requires to be disclosed under section 

128(e)(11) of the Truth in Lending Act (15 U.S.C. 

1638(e)(11)) to the covered institution, for each type 

of private education loan offered pursuant to such preferred lender arrangement to students of such institution or the families of such students. 

‘‘(II) In the case of an institution-affiliated 

organization, the information the Board of Governors 

of the Federal Reserve System requires to be disclosed 

under section 128(e)(1) of the Truth in Lending Act 

(15 U.S.C. 1638(e)(1)), for each type of private education loan offered pursuant to such preferred lender 

arrangement to students of the institution with which 

such organization is affiliated or the families of such 

students. 

‘‘(B) TIMELY PROVISION OF INFORMATION.—The information described in subparagraph (A) shall be provided in 

a manner that allows for the students or the families 

to take such information into account before selecting a 

lender or applying for an education loan. 

‘‘(2) ANNUAL REPORT.—Each covered institution, and each 

institution-affiliated organization of such covered institution, 

that has a preferred lender arrangement, shall— 

‘‘(A) prepare and submit to the Secretary an annual 

report, by a date determined by the Secretary, that 

includes, for each lender that has a preferred lender 

arrangement with such covered institution or organization— 

Deadline. 


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‘‘(i) the information described in clauses (i) and 

(ii) of paragraph (1)(A); and 

‘‘(ii) a detailed explanation of why such covered 

institution or institution-affiliated organization entered 

into a preferred lender arrangement with the lender, 

including why the terms, conditions, and provisions 

of each type of education loan provided pursuant to 

the preferred lender arrangement are beneficial for 

students attending such institution, or the families 

of such students, as applicable; and 

‘‘(B) ensure that the report required under subparagraph (A) is made available to the public and provided 

to students attending or planning to attend such covered 

institution and the families of such students. 

‘‘(3) CODE OF CONDUCT.— 

‘‘(A) IN GENERAL.—Each covered institution, and each 

institution-affiliated organization of such covered institution, that has a preferred lender arrangement, shall comply 

with the code of conduct requirements of subparagraphs 

(A) through (C) of section 487(a)(25). 

‘‘(B) APPLICABLE CODE OF CONDUCT.—For purposes of 

subparagraph (A), an institution-affiliated organization of 

a covered institution shall— 

‘‘(i) comply with the code of conduct developed 

and published by such covered institution under subparagraphs (A) and (B) of section 487(a)(25); 

‘‘(ii) if such institution-affiliated organization has 

a website, publish such code of conduct prominently 

on the website; and 

‘‘(iii) administer and enforce such code of conduct 

by, at a minimum, requiring that all of such organization’s agents with responsibilities with respect to education loans be annually informed of the provisions 

of such code of conduct. 

‘‘SEC. 154. LOAN INFORMATION TO BE DISCLOSED AND MODEL DISCLOSURE FORM FOR INSTITUTIONS PARTICIPATING IN THE 

WILLIAM. D. FORD FEDERAL DIRECT LOAN PROGRAM. 

‘‘(a) PROVISION OF DISCLOSURES TO INSTITUTIONS BY THE SECRETARY.—Not later than 180 days after the development of the 

model disclosure form under section 153(a)(2)(B), the Secretary 

shall provide each institution of higher education participating in 

the William D. Ford Direct Loan Program under part D of title 

IV with a completed model disclosure form including the same 

information for Federal Direct Stafford Loans, Federal Direct 

Unsubsidized Stafford Loans, and Federal Direct PLUS loans made 

to, or on behalf of, students attending each such institution as 

is required on such form for loans described in section 151(3)(A). 

‘‘(b) DUTIES OF INSTITUTIONS.— 

‘‘(1) IN GENERAL.—Each institution of higher education 

participating in the William D. Ford Direct Loan Program 

under part D of title IV shall— 

‘‘(A) make the information the Secretary provides to 

the institution under subsection (a) available to students 

attending or planning to attend the institution, or the 

families of such students, as applicable; and 

Deadline. 

20 USC 1019c. 

Deadline. 

Notice. 

Web site. 

Public 

information. 


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‘‘(B) if the institution provides information regarding 

a private education loan to a prospective borrower, concurrently provide such borrower with the information the Secretary provides to the institution under subsection (a). 

‘‘(2) CHOICE OF FORMS.—In providing the information 

required under paragraph (1), an institution of higher education 

may use a comparable form designed by the institution instead 

of the model disclosure form developed under section 

153(a)(2)(B).’’. 

TITLE II—TEACHER QUALITY 

ENHANCEMENT 

SEC. 201. TEACHER QUALITY ENHANCEMENT. 

Title II (20 U.S.C. 1021 et seq.) is amended— 

(1) by inserting before part A the following: 

‘‘SEC. 200. DEFINITIONS. 

‘‘In this title: 

‘‘(1) ARTS AND SCIENCES.—The term ‘arts and sciences’ 

means— 

‘‘(A) when referring to an organizational unit of an 

institution of higher education, any academic unit that 

offers one or more academic majors in disciplines or content 

areas corresponding to the academic subject matter areas 

in which teachers provide instruction; and 

‘‘(B) when referring to a specific academic subject area, 

the disciplines or content areas in which academic majors 

are offered by the arts and sciences organizational unit. 

‘‘(2) CHILDREN FROM LOW-INCOME FAMILIES.—The term 

‘children from low-income families’ means children described 

in section 1124(c)(1)(A) of the Elementary and Secondary Education Act of 1965. 

‘‘(3) CORE ACADEMIC SUBJECTS.—The term ‘core academic 

subjects’ has the meaning given the term in section 9101 of 

the Elementary and Secondary Education Act of 1965. 

‘‘(4) EARLY CHILDHOOD EDUCATOR.—The term ‘early childhood educator’ means an individual with primary responsibility 

for the education of children in an early childhood education 

program. 

‘‘(5) EDUCATIONAL SERVICE AGENCY.—The term ‘educational 

service agency’ has the meaning given the term in section 

9101 of the Elementary and Secondary Education Act of 1965. 

‘‘(6) ELIGIBLE PARTNERSHIP.—Except as otherwise provided 

in section 251, the term ‘eligible partnership’ means an entity 

that— 

‘‘(A) shall include— 

‘‘(i) a high-need local educational agency; 

‘‘(ii)(I) a high-need school or a consortium of highneed schools served by the high-need local educational 

agency; or 

‘‘(II) as applicable, a high-need early childhood education program; 

‘‘(iii) a partner institution; 

‘‘(iv) a school, department, or program of education 

within such partner institution, which may include 

20 USC 1021. 


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an existing teacher professional development program 

with proven outcomes within a four-year institution 

of higher education that provides intensive and sustained collaboration between faculty and local educational agencies consistent with the requirements of 

this title; and 

‘‘(v) a school or department of arts and sciences 

within such partner institution; and 

‘‘(B) may include any of the following: 

‘‘(i) The Governor of the State. 

‘‘(ii) The State educational agency. 

‘‘(iii) The State board of education. 

‘‘(iv) The State agency for higher education. 

‘‘(v) A business. 

‘‘(vi) A public or private nonprofit educational 

organization. 

‘‘(vii) An educational service agency. 

‘‘(viii) A teacher organization. 

‘‘(ix) A high-performing local educational agency, 

or a consortium of such local educational agencies, 

that can serve as a resource to the partnership. 

‘‘(x) A charter school (as defined in section 5210 

of the Elementary and Secondary Education Act of 

1965). 

‘‘(xi) A school or department within the partner 

institution that focuses on psychology and human 

development. 

‘‘(xii) A school or department within the partner 

institution with comparable expertise in the disciplines 

of teaching, learning, and child and adolescent development. 

‘‘(xiii) An entity operating a program that provides 

alternative routes to State certification of teachers. 

‘‘(7) ESSENTIAL COMPONENTS OF READING INSTRUCTION.— 

The term ‘essential components of reading instruction’ has the 

meaning given the term in section 1208 of the Elementary 

and Secondary Education Act of 1965. 

‘‘(8) EXEMPLARY TEACHER.—The term ‘exemplary teacher’ 

has the meaning given the term in section 9101 of the 

Elementary and Secondary Education Act of 1965. 

‘‘(9) HIGH-NEED EARLY CHILDHOOD EDUCATION PROGRAM.— 

The term ‘high-need early childhood education program’ means 

an early childhood education program serving children from 

low-income families that is located within the geographic area 

served by a high-need local educational agency. 

‘‘(10) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term 

‘high-need local educational agency’ means a local educational 

agency— 

‘‘(A)(i) for which not less than 20 percent of the children 

served by the agency are children from low-income families; 

‘‘(ii) that serves not fewer than 10,000 children from 

low-income families; 

‘‘(iii) that meets the eligibility requirements for funding 

under the Small, Rural School Achievement Program under 

section 6211(b) of the Elementary and Secondary Education 

Act of 1965; or 


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‘‘(iv) that meets the eligibility requirements for funding 

under the Rural and Low-Income School Program under 

section 6221(b) of the Elementary and Secondary Education 

Act of 1965; and 

‘‘(B)(i) for which there is a high percentage of teachers 

not teaching in the academic subject areas or grade levels 

in which the teachers were trained to teach; or 

‘‘(ii) for which there is a high teacher turnover rate 

or a high percentage of teachers with emergency, provisional, or temporary certification or licensure. 

‘‘(11) HIGH-NEED SCHOOL.— 

‘‘(A) IN GENERAL.—The term ‘high-need school’ means 

a school that, based on the most recent data available, 

meets one or both of the following: 

‘‘(i) The school is in the highest quartile of schools 

in a ranking of all schools served by a local educational 

agency, ranked in descending order by percentage of 

students from low-income families enrolled in such 

schools, as determined by the local educational agency 

based on one of the following measures of poverty: 

‘‘(I) The percentage of students aged 5 through 

17 in poverty counted in the most recent census 

data approved by the Secretary. 

‘‘(II) The percentage of students eligible for 

a free or reduced price school lunch under the 

Richard B. Russell National School Lunch Act. 

‘‘(III) The percentage of students in families 

receiving assistance under the State program 

funded under part A of title IV of the Social Security Act. 

‘‘(IV) The percentage of students eligible to 

receive medical assistance under the Medicaid program. 

‘‘(V) A composite of two or more of the measures described in subclauses (I) through (IV). 

‘‘(ii) In the case of— 

‘‘(I) an elementary school, the school serves 

students not less than 60 percent of whom are 

eligible for a free or reduced price school lunch 

under the Richard B. Russell National School 

Lunch Act; or 

‘‘(II) any other school that is not an elementary 

school, the other school serves students not less 

than 45 percent of whom are eligible for a free 

or reduced price school lunch under the Richard 

B. Russell National School Lunch Act. 

‘‘(B) SPECIAL RULE.— 

‘‘(i) DESIGNATION BY THE SECRETARY.—The Secretary may, upon approval of an application submitted 

by an eligible partnership seeking a grant under this 

title, designate a school that does not qualify as a 

high-need school under subparagraph (A) as a highneed school for the purpose of this title. The Secretary 

shall base the approval of an application for designation of a school under this clause on a consideration 

of the information required under clause (ii), and may 


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also take into account other information submitted by 

the eligible partnership. 

‘‘(ii) APPLICATION REQUIREMENTS.—An application 

for designation of a school under clause (i) shall 

include— 

‘‘(I) the number and percentage of students 

attending such school who are— 

‘‘(aa) aged 5 through 17 in poverty counted 

in the most recent census data approved by 

the Secretary; 

‘‘(bb) eligible for a free or reduced price 

school lunch under the Richard B. Russell 

National School Lunch Act; 

‘‘(cc) in families receiving assistance under 

the State program funded under part A of 

title IV of the Social Security Act; or 

‘‘(dd) eligible to receive medical assistance 

under the Medicaid program; 

‘‘(II) information about the student academic 

achievement of students at such school; and 

‘‘(III) for a secondary school, the graduation 

rate for such school. 

‘‘(12) HIGHLY COMPETENT.—The term ‘highly competent’, 

when used with respect to an early childhood educator, means 

an educator— 

‘‘(A) with specialized education and training in development and education of young children from birth until 

entry into kindergarten; 

‘‘(B) with— 

‘‘(i) a baccalaureate degree in an academic major 

in the arts and sciences; or 

‘‘(ii) an associate’s degree in a related educational 

area; and 

‘‘(C) who has demonstrated a high level of knowledge 

and use of content and pedagogy in the relevant areas 

associated with quality early childhood education. 

‘‘(13) HIGHLY QUALIFIED.—The term ‘highly qualified’ has 

the meaning given such term in section 9101 of the Elementary 

and Secondary Education Act of 1965 and, with respect to 

special education teachers, in section 602 of the Individuals 

with Disabilities Education Act. 

‘‘(14) INDUCTION PROGRAM.—The term ‘induction program’ 

means a formalized program for new teachers during not less 

than the teachers’ first two years of teaching that is designed 

to provide support for, and improve the professional performance and advance the retention in the teaching field of, beginning teachers. Such program shall promote effective teaching 

skills and shall include the following components: 

‘‘(A) High-quality teacher mentoring. 

‘‘(B) Periodic, structured time for collaboration with 

teachers in the same department or field, including mentor 

teachers, as well as time for information-sharing among 

teachers, principals, administrators, other appropriate 

instructional staff, and participating faculty in the partner 

institution. 

‘‘(C) The application of empirically-based practice and 

scientifically valid research on instructional practices. 


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‘‘(D) Opportunities for new teachers to draw directly 

on the expertise of teacher mentors, faculty, and 

researchers to support the integration of empirically-based 

practice and scientifically valid research with practice. 

‘‘(E) The development of skills in instructional and 

behavioral interventions derived from empirically-based 

practice and, where applicable, scientifically valid research. 

‘‘(F) Faculty who— 

‘‘(i) model the integration of research and practice 

in the classroom; and 

‘‘(ii) assist new teachers with the effective use and 

integration of technology in the classroom. 

‘‘(G) Interdisciplinary collaboration among exemplary 

teachers, faculty, researchers, and other staff who prepare 

new teachers with respect to the learning process and 

the assessment of learning. 

‘‘(H) Assistance with the understanding of data, 

particularly student achievement data, and the applicability of such data in classroom instruction. 

‘‘(I) Regular and structured observation and evaluation 

of new teachers by multiple evaluators, using valid and 

reliable measures of teaching skills. 

‘‘(15) LIMITED ENGLISH PROFICIENT.—The term ‘limited 

English proficient’ has the meaning given the term in section 

9101 of the Elementary and Secondary Education Act of 1965. 

‘‘(16) PARENT.—The term ‘parent’ has the meaning given 

the term in section 9101 of the Elementary and Secondary 

Education Act of 1965. 

‘‘(17) PARTNER INSTITUTION.—The term ‘partner institution’ 

means an institution of higher education, which may include 

a two-year institution of higher education offering a dual program with a four-year institution of higher education, participating in an eligible partnership that has a teacher preparation 

program— 

‘‘(A) whose graduates exhibit strong performance on 

State-determined qualifying assessments for new teachers 

through— 

‘‘(i) demonstrating that 80 percent or more of the 

graduates of the program who intend to enter the 

field of teaching have passed all of the applicable State 

qualification assessments for new teachers, which shall 

include an assessment of each prospective teacher’s 

subject matter knowledge in the content area in which 

the teacher intends to teach; or 

‘‘(ii) being ranked among the highest-performing 

teacher preparation programs in the State as determined by the State— 

‘‘(I) using criteria consistent with the requirements for the State report card under section 

205(b) before the first publication of such report 

card; and 

‘‘(II) using the State report card on teacher 

preparation required under section 205(b), after 

the first publication of such report card and for 

every year thereafter; and 

‘‘(B) that requires— 


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‘‘(i) each student in the program to meet high 

academic standards or demonstrate a record of success, 

as determined by the institution (including prior to 

entering and being accepted into a program), and 

participate in intensive clinical experience; 

‘‘(ii) each student in the program preparing to 

become a teacher to become highly qualified; and 

‘‘(iii) each student in the program preparing to 

become an early childhood educator to meet degree 

requirements, as established by the State, and become 

highly competent. 

‘‘(18) PRINCIPLES OF SCIENTIFIC RESEARCH.—The term ‘principles of scientific research’ means principles of research that— 

‘‘(A) apply rigorous, systematic, and objective methodology to obtain reliable and valid knowledge relevant to 

education activities and programs; 

‘‘(B) present findings and make claims that are appropriate to, and supported by, the methods that have been 

employed; and 

‘‘(C) include, appropriate to the research being conducted— 

‘‘(i) use of systematic, empirical methods that draw 

on observation or experiment; 

‘‘(ii) use of data analyses that are adequate to 

support the general findings; 

‘‘(iii) reliance on measurements or observational 

methods that provide reliable and generalizable 

findings; 

‘‘(iv) strong claims of causal relationships, only 

with research designs that eliminate plausible competing explanations for observed results, such as, but 

not limited to, random-assignment experiments; 

‘‘(v) presentation of studies and methods in sufficient detail and clarity to allow for replication or, at 

a minimum, to offer the opportunity to build systematically on the findings of the research; 

‘‘(vi) acceptance by a peer-reviewed journal or critique by a panel of independent experts through a 

comparably rigorous, objective, and scientific review; 

and 

‘‘(vii) consistency of findings across multiple 

studies or sites to support the generality of results 

and conclusions. 

‘‘(19) PROFESSIONAL DEVELOPMENT.—The term ‘professional 

development’ has the meaning given the term in section 9101 

of the Elementary and Secondary Education Act of 1965. 

‘‘(20) SCIENTIFICALLY VALID RESEARCH.—The term ‘scientifically valid research’ includes applied research, basic research, 

and field-initiated research in which the rationale, design, and 

interpretation are soundly developed in accordance with principles of scientific research. 

‘‘(21) TEACHER MENTORING.—The term ‘teacher mentoring’ 

means the mentoring of new or prospective teachers through 

a program that— 

‘‘(A) includes clear criteria for the selection of teacher 

mentors who will provide role model relationships for 


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mentees, which criteria shall be developed by the eligible 

partnership and based on measures of teacher effectiveness; 

‘‘(B) provides high-quality training for such mentors, 

including instructional strategies for literacy instruction 

and classroom management (including approaches that 

improve the schoolwide climate for learning, which may 

include positive behavioral interventions and supports); 

‘‘(C) provides regular and ongoing opportunities for 

mentors and mentees to observe each other’s teaching 

methods in classroom settings during the day in a highneed school in the high-need local educational agency in 

the eligible partnership; 

‘‘(D) provides paid release time for mentors, as 

applicable; 

‘‘(E) provides mentoring to each mentee by a colleague 

who teaches in the same field, grade, or subject as the 

mentee; 

‘‘(F) promotes empirically-based practice of, and scientifically valid research on, where applicable— 

‘‘(i) teaching and learning; 

‘‘(ii) assessment of student learning; 

‘‘(iii) the development of teaching skills through 

the use of instructional and behavioral interventions; 

and 

‘‘(iv) the improvement of the mentees’ capacity to 

measurably advance student learning; and 

‘‘(G) includes— 

‘‘(i) common planning time or regularly scheduled 

collaboration for the mentor and mentee; and 

‘‘(ii) joint professional development opportunities. 

‘‘(22) TEACHING RESIDENCY PROGRAM.—The term ‘teaching 

residency program’ means a school-based teacher preparation 

program in which a prospective teacher— 

‘‘(A) for one academic year, teaches alongside a mentor 

teacher, who is the teacher of record; 

‘‘(B) receives concurrent instruction during the year 

described in subparagraph (A) from the partner institution, 

which courses may be taught by local educational agency 

personnel or residency program faculty, in the teaching 

of the content area in which the teacher will become certified or licensed; 

‘‘(C) acquires effective teaching skills; and 

‘‘(D) prior to completion of the program, earns a master’s degree, attains full State teacher certification or licensure, and becomes highly qualified. 

‘‘(23) TEACHING SKILLS.—The term ‘teaching skills’ means 

skills that enable a teacher to— 

‘‘(A) increase student learning, achievement, and the 

ability to apply knowledge; 

‘‘(B) effectively convey and explain academic subject 

matter; 

‘‘(C) effectively teach higher-order analytical, evaluation, problem-solving, and communication skills; 

‘‘(D) employ strategies grounded in the disciplines of 

teaching and learning that— 


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‘‘(i) are based on empirically-based practice and 

scientifically valid research, where applicable, related 

to teaching and learning; 

‘‘(ii) are specific to academic subject matter; and 

‘‘(iii) focus on the identification of students’ specific 

learning needs, particularly students with disabilities, 

students who are limited English proficient, students 

who are gifted and talented, and students with low 

literacy levels, and the tailoring of academic instruction 

to such needs; 

‘‘(E) conduct an ongoing assessment of student 

learning, which may include the use of formative assessments, performance-based assessments, project-based 

assessments, or portfolio assessments, that measures 

higher-order thinking skills (including application, analysis, synthesis, and evaluation); 

‘‘(F) effectively manage a classroom, including the 

ability to implement positive behavioral interventions and 

support strategies; 

‘‘(G) communicate and work with parents, and involve 

parents in their children’s education; and 

‘‘(H) use, in the case of an early childhood educator, 

age-appropriate and developmentally appropriate strategies 

and practices for children in early childhood education 

programs.’’; 

(2) by striking part A and inserting the following: 

‘‘PART A—TEACHER QUALITY PARTNERSHIP 

GRANTS 

‘‘SEC. 201. PURPOSES. 

‘‘The purposes of this part are to— 

‘‘(1) improve student achievement; 

‘‘(2) improve the quality of prospective and new teachers 

by improving the preparation of prospective teachers and 

enhancing professional development activities for new teachers; 

‘‘(3) hold teacher preparation programs at institutions of 

higher education accountable for preparing highly qualified 

teachers; and 

‘‘(4) recruit highly qualified individuals, including minorities and individuals from other occupations, into the teaching 

force. 

‘‘SEC. 202. PARTNERSHIP GRANTS. 

‘‘(a) PROGRAM AUTHORIZED.—From amounts made available 

under section 209, the Secretary is authorized to award grants, 

on a competitive basis, to eligible partnerships, to enable the eligible 

partnerships to carry out the activities described in subsection 

(c). 

‘‘(b) APPLICATION.—Each eligible partnership desiring a grant 

under this section shall submit an application to the Secretary 

at such time, in such manner, and accompanied by such information 

as the Secretary may require. Each such application shall contain— 

‘‘(1) a needs assessment of the partners in the eligible 

partnership with respect to the preparation, ongoing training, 

professional development, and retention of general education 

20 USC 1022a. 

20 USC 1022. 

20 USC 1021 

et seq. 


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and special education teachers, principals, and, as applicable, 

early childhood educators; 

‘‘(2) a description of the extent to which the program to 

be carried out with grant funds, as described in subsection 

(c), will prepare prospective and new teachers with strong 

teaching skills; 

‘‘(3) a description of how such program will prepare prospective and new teachers to understand and use research and 

data to modify and improve classroom instruction; 

‘‘(4) a description of— 

‘‘(A) how the eligible partnership will coordinate strategies and activities assisted under the grant with other 

teacher preparation or professional development programs, 

including programs funded under the Elementary and Secondary Education Act of 1965 and the Individuals with 

Disabilities Education Act, and through the National 

Science Foundation; and 

‘‘(B) how the activities of the partnership will be consistent with State, local, and other education reform activities that promote teacher quality and student academic 

achievement; 

‘‘(5) an assessment that describes the resources available 

to the eligible partnership, including— 

‘‘(A) the integration of funds from other related sources; 

‘‘(B) the intended use of the grant funds; and 

‘‘(C) the commitment of the resources of the partnership to the activities assisted under this section, including 

financial support, faculty participation, and time commitments, and to the continuation of the activities when the 

grant ends; 

‘‘(6) a description of— 

‘‘(A) how the eligible partnership will meet the purposes of this part; 

‘‘(B) how the partnership will carry out the activities 

required under subsection (d) or (e), based on the needs 

identified in paragraph (1), with the goal of improving 

student academic achievement; 

‘‘(C) if the partnership chooses to use funds under 

this section for a project or activities under subsection 

(f) or (g), how the partnership will carry out such project 

or required activities based on the needs identified in paragraph (1), with the goal of improving student academic 

achievement; 

‘‘(D) the partnership’s evaluation plan under section 

204(a); 

‘‘(E) how the partnership will align the teacher 

preparation program under subsection (c) with the— 

‘‘(i) State early learning standards for early childhood education programs, as appropriate, and with 

the relevant domains of early childhood development; 

and 

‘‘(ii) student academic achievement standards and 

academic content standards under section 1111(b)(2) 

of the Elementary and Secondary Education Act of 

1965, established by the State in which the partnership 

is located; 


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‘‘(F) how the partnership will prepare general education teachers to teach students with disabilities, 

including training related to participation as a member 

of individualized education program teams, as defined in 

section 614(d)(1)(B) of the Individuals with Disabilities 

Education Act; 

‘‘(G) how the partnership will prepare general education and special education teachers to teach students 

who are limited English proficient; 

‘‘(H) how faculty at the partner institution will work, 

during the term of the grant, with highly qualified teachers 

in the classrooms of high-need schools served by the highneed local educational agency in the partnership to— 

‘‘(i) provide high-quality professional development 

activities to strengthen the content knowledge and 

teaching skills of elementary school and secondary 

school teachers; and 

‘‘(ii) train other classroom teachers to implement 

literacy programs that incorporate the essential components of reading instruction; 

‘‘(I) how the partnership will design, implement, or 

enhance a year-long and rigorous teaching preservice clinical program component; 

‘‘(J) how the partnership will support in-service professional development strategies and activities; and 

‘‘(K) how the partnership will collect, analyze, and 

use data on the retention of all teachers and early childhood 

educators in schools and early childhood education programs located in the geographic area served by the partnership to evaluate the effectiveness of the partnership’s 

teacher and educator support system; and 

‘‘(7) with respect to the induction program required as 

part of the activities carried out under this section— 

‘‘(A) a demonstration that the schools and departments 

within the institution of higher education that are part 

of the induction program will effectively prepare teachers, 

including providing content expertise and expertise in 

teaching, as appropriate; 

‘‘(B) a demonstration of the eligible partnership’s capability and commitment to, and the accessibility to and 

involvement of faculty in, the use of empirically-based practice and scientifically valid research on teaching and 

learning; 

‘‘(C) a description of how the teacher preparation program will design and implement an induction program 

to support, through not less than the first two years of 

teaching, all new teachers who are prepared by the teacher 

preparation program in the partnership and who teach 

in the high-need local educational agency in the partnership, and, to the extent practicable, all new teachers who 

teach in such high-need local educational agency, in the 

further development of the new teachers’ teaching skills, 

including the use of mentors who are trained and compensated by such program for the mentors’ work with new 

teachers; and 

‘‘(D) a description of how faculty involved in the induction program will be able to substantially participate in 


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an early childhood education program or an elementary 

school or secondary school classroom setting, as applicable, 

including release time and receiving workload credit for 

such participation. 

‘‘(c) USE OF GRANT FUNDS.—An eligible partnership that 

receives a grant under this section— 

‘‘(1) shall use grant funds to carry out a program for the 

pre-baccalaureate preparation of teachers under subsection (d), 

a teaching residency program under subsection (e), or a combination of such programs; and 

‘‘(2) may use grant funds to carry out a leadership development program under subsection (f). 

‘‘(d) PARTNERSHIP GRANTS FOR PRE-BACCALAUREATE PREPARATION OF TEACHERS.—An eligible partnership that receives a grant 

to carry out an effective program for the pre-baccalaureate preparation of teachers shall carry out a program that includes all of 

the following: 

‘‘(1) REFORMS.— 

‘‘(A) IN GENERAL.—Implementing reforms, described in 

subparagraph (B), within each teacher preparation program 

and, as applicable, each preparation program for early 

childhood education programs, of the eligible partnership 

that is assisted under this section, to hold each program 

accountable for— 

‘‘(i) preparing— 

‘‘(I) new or prospective teachers to be highly 

qualified (including teachers in rural school districts who may teach multiple subjects, special 

educators, and teachers of students who are limited English proficient who may teach multiple 

subjects); 

‘‘(II) such teachers and, as applicable, early 

childhood educators, to understand empiricallybased practice and scientifically valid research 

related to teaching and learning and the applicability of such practice and research, including 

through the effective use of technology, instructional techniques, and strategies consistent with 

the principles of universal design for learning, and 

through positive behavioral interventions and support strategies to improve student achievement; 

and 

‘‘(III) as applicable, early childhood educators 

to be highly competent; and 

‘‘(ii) promoting strong teaching skills and, as 

applicable, techniques for early childhood educators 

to improve children’s cognitive, social, emotional, and 

physical development. 

‘‘(B) REQUIRED REFORMS.—The reforms described in 

subparagraph (A) shall include— 

‘‘(i) implementing teacher preparation program 

curriculum changes that improve, evaluate, and assess 

how well all prospective and new teachers develop 

teaching skills; 

‘‘(ii) using empirically-based practice and scientifically valid research, where applicable, about teaching 


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and learning so that all prospective teachers and, as 

applicable, early childhood educators— 

‘‘(I) understand and can implement researchbased teaching practices in classroom instruction; 

‘‘(II) have knowledge of student learning 

methods; 

‘‘(III) possess skills to analyze student academic achievement data and other measures of 

student learning, and use such data and measures 

to improve classroom instruction; 

‘‘(IV) possess teaching skills and an understanding of effective instructional strategies across 

all applicable content areas that enable general 

education and special education teachers and early 

childhood educators to— 

‘‘(aa) meet the specific learning needs of 

all students, including students with disabilities, students who are limited English proficient, students who are gifted and talented, 

students with low literacy levels and, as 

applicable, children in early childhood education programs; and 

‘‘(bb) differentiate instruction for such students; 

‘‘(V) can effectively participate as a member 

of the individualized education program team, as 

defined in section 614(d)(1)(B) of the Individuals 

with Disabilities Education Act; and 

‘‘(VI) can successfully employ effective strategies for reading instruction using the essential 

components of reading instruction; 

‘‘(iii) ensuring collaboration with departments, programs, or units of a partner institution outside of the 

teacher preparation program in all academic content 

areas to ensure that prospective teachers receive 

training in both teaching and relevant content areas 

in order to become highly qualified, which may include 

training in multiple subjects to teach multiple grade 

levels as may be needed for individuals preparing to 

teach in rural communities and for individuals preparing to teach students with disabilities as described 

in section 602(10)(D) of the Individuals with Disabilities Education Act; 

‘‘(iv) developing and implementing an induction 

program; 

‘‘(v) developing admissions goals and priorities 

aligned with the hiring objectives of the high-need 

local educational agency in the eligible partnership; 

and 

‘‘(vi) implementing program and curriculum 

changes, as applicable, to ensure that prospective 

teachers have the requisite content knowledge, 

preparation, and degree to teach Advanced Placement 

or International Baccalaureate courses successfully. 

‘‘(2) CLINICAL EXPERIENCE AND INTERACTION.—Developing 

and improving a sustained and high-quality preservice clinical 

education program to further develop the teaching skills of 


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all prospective teachers and, as applicable, early childhood educators, involved in the program. Such program shall do the 

following: 

‘‘(A) Incorporate year-long opportunities for enrichment, including— 

‘‘(i) clinical learning in classrooms in high-need 

schools served by the high-need local educational 

agency in the eligible partnership, and identified by 

the eligible partnership; and 

‘‘(ii) closely supervised interaction between 

prospective teachers and faculty, experienced teachers, 

principals, other administrators, and school leaders at 

early childhood education programs (as applicable), 

elementary schools, or secondary schools, and providing 

support for such interaction. 

‘‘(B) Integrate pedagogy and classroom practice and 

promote effective teaching skills in academic content areas. 

‘‘(C) Provide high-quality teacher mentoring. 

‘‘(D) Be offered over the course of a program of teacher 

preparation. 

‘‘(E) Be tightly aligned with course work (and may 

be developed as a fifth year of a teacher preparation program). 

‘‘(F) Where feasible, allow prospective teachers to learn 

to teach in the same local educational agency in which 

the teachers will work, learning the instructional initiatives 

and curriculum of that local educational agency. 

‘‘(G) As applicable, provide training and experience 

to enhance the teaching skills of prospective teachers to 

better prepare such teachers to meet the unique needs 

of teaching in rural or urban communities. 

‘‘(H) Provide support and training for individuals 

participating in an activity for prospective or new teachers 

described in this paragraph or paragraph (1) or (3), and 

for individuals who serve as mentors for such teachers, 

based on each individual’s experience. Such support may 

include— 

‘‘(i) with respect to a prospective teacher or a 

mentor, release time for such individual’s participation; 

‘‘(ii) with respect to a faculty member, receiving 

course workload credit and compensation for time 

teaching in the eligible partnership’s activities; and 

‘‘(iii) with respect to a mentor, a stipend, which 

may include bonus, differential, incentive, or performance pay, based on the mentor’s extra skills and 

responsibilities. 

‘‘(3) INDUCTION PROGRAMS FOR NEW TEACHERS.—Creating 

an induction program for new teachers or, in the case of an 

early childhood education program, providing mentoring or 

coaching for new early childhood educators. 

‘‘(4) SUPPORT AND TRAINING FOR PARTICIPANTS IN EARLY

CHILDHOOD EDUCATION PROGRAMS.—In the case of an eligible 

partnership focusing on early childhood educator preparation, 

implementing initiatives that increase compensation for early 

childhood educators who attain associate or baccalaureate 

degrees in early childhood education. 


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‘‘(5) TEACHER RECRUITMENT.—Developing and implementing effective mechanisms (which may include alternative 

routes to State certification of teachers) to ensure that the 

eligible partnership is able to recruit qualified individuals to 

become highly qualified teachers through the activities of the 

eligible partnership, which may include an emphasis on 

recruiting into the teaching profession— 

‘‘(A) individuals from under represented populations; 

‘‘(B) individuals to teach in rural communities and 

teacher shortage areas, including mathematics, science, 

special education, and the instruction of limited English 

proficient students; and 

‘‘(C) mid-career professionals from other occupations, 

former military personnel, and recent college graduates 

with a record of academic distinction. 

‘‘(6) LITERACY TRAINING.—Strengthening the literacy 

teaching skills of prospective and, as applicable, new 

elementary school and secondary school teachers— 

‘‘(A) to implement literacy programs that incorporate 

the essential components of reading instruction; 

‘‘(B) to use screening, diagnostic, formative, and 

summative assessments to determine students’ literacy 

levels, difficulties, and growth in order to improve classroom instruction and improve student reading and writing 

skills; 

‘‘(C) to provide individualized, intensive, and targeted 

literacy instruction for students with deficiencies in literacy 

skills; and 

‘‘(D) to integrate literacy skills in the classroom across 

subject areas. 

‘‘(e) PARTNERSHIP GRANTS FOR THE ESTABLISHMENT OF

TEACHING RESIDENCY PROGRAMS.— 

‘‘(1) IN GENERAL.—An eligible partnership receiving a grant 

to carry out an effective teaching residency program shall carry 

out a program that includes all of the following activities: 

‘‘(A) Supporting a teaching residency program 

described in paragraph (2) for high-need subjects and areas, 

as determined by the needs of the high-need local educational agency in the partnership. 

‘‘(B) Placing graduates of the teaching residency program in cohorts that facilitate professional collaboration, 

both among graduates of the teaching residency program 

and between such graduates and mentor teachers in the 

receiving school. 

‘‘(C) Ensuring that teaching residents who participate 

in the teaching residency program receive— 

‘‘(i) effective preservice preparation as described 

in paragraph (2); 

‘‘(ii) teacher mentoring; 

‘‘(iii) support required through the induction program as the teaching residents enter the classroom 

as new teachers; and 

‘‘(iv) the preparation described in subparagraphs 

(A), (B), and (C) of subsection (d)(2). 

‘‘(2) TEACHING RESIDENCY PROGRAMS.— ‘‘(A) ESTABLISHMENT AND DESIGN.—A teaching residency program under this paragraph shall be a program 


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based upon models of successful teaching residencies that 

serves as a mechanism to prepare teachers for success 

in the high-need schools in the eligible partnership, and 

shall be designed to include the following characteristics 

of successful programs: 

‘‘(i) The integration of pedagogy, classroom practice, and teacher mentoring. 

‘‘(ii) Engagement of teaching residents in rigorous 

graduate-level course work to earn a master’s degree 

while undertaking a guided teaching apprenticeship. 

‘‘(iii) Experience and learning opportunities alongside a trained and experienced mentor teacher— 

‘‘(I) whose teaching shall complement the residency program so that classroom clinical practice 

is tightly aligned with coursework; 

‘‘(II) who shall have extra responsibilities as 

a teacher leader of the teaching residency program, 

as a mentor for residents, and as a teacher coach 

during the induction program for new teachers, 

and for establishing, within the program, a 

learning community in which all individuals are 

expected to continually improve their capacity to 

advance student learning; and 

‘‘(III) who may be relieved from teaching 

duties as a result of such additional responsibilities. 

‘‘(iv) The establishment of clear criteria for the 

selection of mentor teachers based on measures of 

teacher effectiveness and the appropriate subject area 

knowledge. Evaluation of teacher effectiveness shall 

be based on, but not limited to, observations of the 

following: 

‘‘(I) Planning and preparation, including demonstrated knowledge of content, pedagogy, and 

assessment, including the use of formative and 

diagnostic assessments to improve student 

learning. 

‘‘(II) Appropriate instruction that engages students with different learning styles. 

‘‘(III) Collaboration with colleagues to improve 

instruction. 

‘‘(IV) Analysis of gains in student learning, 

based on multiple measures that are valid and 

reliable and that, when feasible, may include valid, 

reliable, and objective measures of the influence 

of teachers on the rate of student academic 

progress. 

‘‘(V) In the case of mentor candidates who 

will be mentoring new or prospective literacy and 

mathematics coaches or instructors, appropriate 

skills in the essential components of reading 

instruction, teacher training in literacy instructional strategies across core subject areas, and 

teacher training in mathematics instructional 

strategies, as appropriate. 


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‘‘(v) Grouping of teaching residents in cohorts to 

facilitate professional collaboration among such residents. 

‘‘(vi) The development of admissions goals and 

priorities— 

‘‘(I) that are aligned with the hiring objectives 

of the local educational agency partnering with 

the program, as well as the instructional initiatives 

and curriculum of such agency, in exchange for 

a commitment by such agency to hire qualified 

graduates from the teaching residency program; 

and 

‘‘(II) which may include consideration of 

applicants who reflect the communities in which 

they will teach as well as consideration of individuals from underrepresented populations in the 

teaching profession. 

‘‘(vii) Support for residents, once the teaching residents are hired as teachers of record, through an induction program, professional development, and networking opportunities to support the residents through 

not less than the residents’ first two years of teaching. 

‘‘(B) SELECTION OF INDIVIDUALS AS TEACHER RESIDENTS.— 

‘‘(i) ELIGIBLE INDIVIDUAL.—In order to be eligible 

to be a teacher resident in a teaching residency program under this paragraph, an individual shall— 

‘‘(I) be a recent graduate of a four-year institution of higher education or a mid-career professional from outside the field of education possessing strong content knowledge or a record of 

professional accomplishment; and 

‘‘(II) submit an application to the teaching residency program. 

‘‘(ii) SELECTION CRITERIA.—An eligible partnership 

carrying out a teaching residency program under this 

subsection shall establish criteria for the selection of 

eligible individuals to participate in the teaching residency program based on the following characteristics: 

‘‘(I) Strong content knowledge or record of 

accomplishment in the field or subject area to be 

taught. 

‘‘(II) Strong verbal and written communication 

skills, which may be demonstrated by performance 

on appropriate tests. 

‘‘(III) Other attributes linked to effective 

teaching, which may be determined by interviews 

or performance assessments, as specified by the 

eligible partnership. 

‘‘(C) STIPENDS OR SALARIES; APPLICATIONS; AGREEMENTS; REPAYMENTS.— ‘‘(i) STIPENDS OR SALARIES.—A teaching residency 

program under this subsection shall provide a oneyear living stipend or salary to teaching residents 

during the one-year teaching residency program. 

‘‘(ii) APPLICATIONS FOR STIPENDS OR SALARIES.— Each teacher residency candidate desiring a stipend 


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or salary during the period of residency shall submit 

an application to the eligible partnership at such time, 

and containing such information and assurances, as 

the eligible partnership may require. 

‘‘(iii) AGREEMENTS TO SERVE.—Each application 

submitted under clause (ii) shall contain or be accompanied by an agreement that the applicant will— 

‘‘(I) serve as a full-time teacher for a total 

of not less than three academic years immediately 

after successfully completing the one-year teaching 

residency program; 

‘‘(II) fulfill the requirement under subclause 

(I) by teaching in a high-need school served by 

the high-need local educational agency in the 

eligible partnership and teach a subject or area 

that is designated as high need by the partnership; 

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

the local educational agency in which the resident 

is employed, of the employment required in subclauses (I) and (II) at the beginning of, and upon 

completion of, each year or partial year of service; 

‘‘(IV) meet the requirements to be a highly 

qualified teacher, as defined in section 9101 of 

the Elementary and Secondary Education Act of 

1965, or section 602 of the Individuals with 

Disabilities Education Act, when the applicant 

begins to fulfill the service obligation under this 

clause; and 

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

eligible partnership under clause (iv) if the 

applicant is unable or unwilling to complete the 

service obligation required by this clause. 

‘‘(iv) REPAYMENTS.— 

‘‘(I) IN GENERAL.—A grantee carrying out a 

teaching residency program under this paragraph 

shall require a recipient of a stipend or salary 

under clause (i) who does not complete, or who 

notifies the partnership that the recipient intends 

not to complete, the service obligation required 

by clause (iii) to repay such stipend or salary to 

the eligible partnership, together with interest, at 

a rate specified by the partnership in the agreement, and in accordance with such other terms 

and conditions specified by the eligible partnership, as necessary. 

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

other terms and conditions specified by the eligible 

partnership may include reasonable provisions for 

pro-rata repayment of the stipend or salary 

described in clause (i) or for deferral of a teaching 

resident’s service obligation required by clause (iii), 

on grounds of health, incapacitation, inability to 

secure employment in a school served by the 

eligible partnership, being called to active duty 

in the Armed Forces of the United States, or other 

extraordinary circumstances. 


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

this clause to carry out additional activities that 

are consistent with the purposes of this subsection. 

‘‘(f) PARTNERSHIP GRANTS FOR THE DEVELOPMENT OF LEADER- SHIP PROGRAMS.— ‘‘(1) IN GENERAL.—An eligible partnership that receives 

a grant under this section may carry out an effective school 

leadership program, which may be carried out in partnership 

with a local educational agency located in a rural area and 

that shall include all of the following activities: 

‘‘(A) Preparing individuals enrolled or preparing to 

enroll in school leadership programs for careers as superintendents, principals, early childhood education program 

directors, or other school leaders (including individuals preparing to work in local educational agencies located in 

rural areas who may perform multiple duties in addition 

to the role of a school leader). 

‘‘(B) Promoting strong leadership skills and, as 

applicable, techniques for school leaders to effectively— 

‘‘(i) create and maintain a data-driven, professional 

learning community within the leader’s school; 

‘‘(ii) provide a climate conducive to the professional 

development of teachers, with a focus on improving 

student academic achievement and the development 

of effective instructional leadership skills; 

‘‘(iii) understand the teaching and assessment 

skills needed to support successful classroom instruction and to use data to evaluate teacher instruction 

and drive teacher and student learning; 

‘‘(iv) manage resources and school time to improve 

student academic achievement and ensure the school 

environment is safe; 

‘‘(v) engage and involve parents, community members, the local educational agency, businesses, and 

other community leaders, to leverage additional 

resources to improve student academic achievement; 

and 

‘‘(vi) understand how students learn and develop 

in order to increase academic achievement for all students. 

‘‘(C) Ensuring that individuals who participate in the 

school leadership program receive— 

‘‘(i) effective preservice preparation as described 

in subparagraph (D); 

‘‘(ii) mentoring; and 

‘‘(iii) if applicable, full State certification or licensure to become a school leader. 

‘‘(D) Developing and improving a sustained and highquality preservice clinical education program to further 

develop the leadership skills of all prospective school 

leaders involved in the program. Such clinical education 

program shall do the following: 

‘‘(i) Incorporate year-long opportunities for enrichment, including— 

‘‘(I) clinical learning in high-need schools 

served by the high-need local educational agency 


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or a local educational agency located in a rural 

area in the eligible partnership and identified by 

the eligible partnership; and 

‘‘(II) closely supervised interaction between 

prospective school leaders and faculty, new and 

experienced teachers, and new and experienced 

school leaders, in such high-need schools. 

‘‘(ii) Integrate pedagogy and practice and promote 

effective leadership skills, meeting the unique needs 

of urban, rural, or geographically isolated communities, 

as applicable. 

‘‘(iii) Provide for mentoring of new school leaders. 

‘‘(E) Creating an induction program for new school 

leaders. 

‘‘(F) Developing and implementing effective mechanisms to ensure that the eligible partnership is able to 

recruit qualified individuals to become school leaders 

through the activities of the eligible partnership, which 

may include an emphasis on recruiting into school leadership professions— 

‘‘(i) individuals from underrepresented populations; 

‘‘(ii) individuals to serve as superintendents, principals, or other school administrators in rural and geographically isolated communities and school leader 

shortage areas; and 

‘‘(iii) mid-career professionals from other occupations, former military personnel, and recent college 

graduates with a record of academic distinction. 

‘‘(2) SELECTION OF INDIVIDUALS FOR THE LEADERSHIP PROGRAM.—In order to be eligible for the school leadership program 

under this subsection, an individual shall be enrolled in or 

preparing to enroll in an institution of higher education, and 

shall— 

‘‘(A) be a— 

‘‘(i) recent graduate of an institution of higher 

education; 

‘‘(ii) mid-career professional from outside the field 

of education with strong content knowledge or a record 

of professional accomplishment; 

‘‘(iii) current teacher who is interested in becoming 

a school leader; or 

‘‘(iv) school leader who is interested in becoming 

a superintendent; and 

‘‘(B) submit an application to the leadership program. 

‘‘(g) PARTNERSHIP WITH DIGITAL EDUCATION CONTENT DEVELOPER.—An eligible partnership that receives a grant under this 

section may use grant funds provided to carry out the activities 

described in subsection (d) or (e), or both, to partner with a television public broadcast station, as defined in section 397(6) of the 

Communications Act of 1934 (47 U.S.C. 397(6)), or another entity 

that develops digital educational content, for the purpose of 

improving the quality of pre-baccalaureate teacher preparation programs or to enhance the quality of preservice training for prospective teachers. 

‘‘(h) EVALUATION AND REPORTING.—The Secretary shall— 

‘‘(1) evaluate the programs assisted under this section; 

and 


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‘‘(2) make publicly available a report detailing the Secretary’s evaluation of each such program. 

‘‘(i) CONSULTATION.— 

‘‘(1) IN GENERAL.—Members of an eligible partnership that 

receives a grant under this section shall engage in regular 

consultation throughout the development and implementation 

of programs and activities carried out under this section. 

‘‘(2) REGULAR COMMUNICATION.—To ensure timely and 

meaningful consultation as described in paragraph (1), regular 

communication shall occur among all members of the eligible 

partnership, including the high-need local educational agency. 

Such communication shall continue throughout the 

implementation of the grant and the assessment of programs 

and activities under this section. 

‘‘(3) WRITTEN CONSENT.—The Secretary may approve 

changes in grant activities of a grant under this section only 

if the eligible partnership submits to the Secretary a written 

consent of such changes signed by all members of the eligible 

partnership. 

‘‘(j) CONSTRUCTION.—Nothing in this section shall be construed 

to prohibit an eligible partnership from using grant funds to coordinate with the activities of eligible partnerships in other States 

or on a regional basis through Governors, State boards of education, 

State educational agencies, State agencies responsible for early 

childhood education, local educational agencies, or State agencies 

for higher education. 

‘‘(k) SUPPLEMENT, NOT SUPPLANT.—Funds made available 

under this section shall be used to supplement, and not supplant, 

other Federal, State, and local funds that would otherwise be 

expended to carry out activities under this section. 

‘‘SEC. 203. ADMINISTRATIVE PROVISIONS. 

‘‘(a) DURATION; NUMBER OF AWARDS; PAYMENTS.— 

‘‘(1) DURATION.—A grant awarded under this part shall 

be awarded for a period of five years. 

‘‘(2) NUMBER OF AWARDS.—An eligible partnership may not 

receive more than one grant during a five-year period. Nothing 

in this title shall be construed to prohibit an individual member, 

that can demonstrate need, of an eligible partnership that 

receives a grant under this title from entering into another 

eligible partnership consisting of new members and receiving 

a grant with such other eligible partnership before the fiveyear period described in the preceding sentence applicable to 

the eligible partnership with which the individual member 

has first partnered has expired. 

‘‘(b) PEER REVIEW.— 

‘‘(1) PANEL.—The Secretary shall provide the applications 

submitted under this part to a peer review panel for evaluation. 

With respect to each application, the peer review panel shall 

initially recommend the application for funding or for disapproval. 

‘‘(2) PRIORITY.—The Secretary, in funding applications 

under this part, shall give priority— 

‘‘(A) to eligible partnerships that include an institution 

of higher education whose teacher preparation program 

has a rigorous selection process to ensure the highest 

quality of students entering such program; and 

20 USC 1022b. 

Public 

information. 


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‘‘(B)(i) to applications from broad-based eligible partnerships that involve businesses and community organizations; or 

‘‘(ii) to eligible partnerships so that the awards promote 

an equitable geographic distribution of grants among rural 

and urban areas. 

‘‘(3) SECRETARIAL SELECTION.—The Secretary shall determine, based on the peer review process, which applications 

shall receive funding and the amounts of the grants. In determining grant amounts, the Secretary shall take into account 

the total amount of funds available for all grants under this 

part and the types of activities proposed to be carried out 

by the eligible partnership. 

‘‘(c) MATCHING REQUIREMENTS.— 

‘‘(1) IN GENERAL.—Each eligible partnership receiving a 

grant under this part shall provide, from non-Federal sources, 

an amount equal to 100 percent of the amount of the grant, 

which may be provided in cash or in-kind, to carry out the 

activities supported by the grant. 

‘‘(2) WAIVER.—The Secretary may waive all or part of the 

matching requirement described in paragraph (1) for any fiscal 

year for an eligible partnership if the Secretary determines 

that applying the matching requirement to the eligible partnership would result in serious hardship or an inability to carry 

out the authorized activities described in this part. 

‘‘(d) LIMITATION ON ADMINISTRATIVE EXPENSES.—An eligible 

partnership that receives a grant under this part may use not 

more than two percent of the funds provided to administer the 

grant. 

‘‘SEC. 204. ACCOUNTABILITY AND EVALUATION. 

‘‘(a) ELIGIBLE PARTNERSHIP EVALUATION.—Each eligible partnership submitting an application for a grant under this part shall 

establish, and include in such application, an evaluation plan that 

includes strong and measurable performance objectives. The plan 

shall include objectives and measures for increasing— 

‘‘(1) achievement for all prospective and new teachers, as 

measured by the eligible partnership; 

‘‘(2) teacher retention in the first three years of a teacher’s 

career; 

‘‘(3) improvement in the pass rates and scaled scores for 

initial State certification or licensure of teachers; and 

‘‘(4)(A) the percentage of highly qualified teachers hired 

by the high-need local educational agency participating in the 

eligible partnership; 

‘‘(B) the percentage of highly qualified teachers hired by 

the high-need local educational agency who are members of 

underrepresented groups; 

‘‘(C) the percentage of highly qualified teachers hired by 

the high-need local educational agency who teach high-need 

academic subject areas (such as reading, mathematics, science, 

and foreign language, including less commonly taught languages and critical foreign languages); 

‘‘(D) the percentage of highly qualified teachers hired by 

the high-need local educational agency who teach in high-need 

Grants. 

20 USC 1022c. 


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areas (including special education, language instruction educational programs for limited English proficient students, and 

early childhood education); 

‘‘(E) the percentage of highly qualified teachers hired by 

the high-need local educational agency who teach in high-need 

schools, disaggregated by the elementary school and secondary 

school levels; 

‘‘(F) as applicable, the percentage of early childhood education program classes in the geographic area served by the 

eligible partnership taught by early childhood educators who 

are highly competent; and 

‘‘(G) as applicable, the percentage of teachers trained— 

‘‘(i) to integrate technology effectively into curricula 

and instruction, including technology consistent with the 

principles of universal design for learning; and 

‘‘(ii) to use technology effectively to collect, manage, 

and analyze data to improve teaching and learning for 

the purpose of improving student academic achievement. 

‘‘(b) INFORMATION.—An eligible partnership receiving a grant 

under this part shall ensure that teachers, principals, school superintendents, faculty, and leadership at institutions of higher education located in the geographic areas served by the eligible partnership are provided information, including through electronic means, 

about the activities carried out with funds under this part. 

‘‘(c) REVISED APPLICATION.—If the Secretary determines that 

an eligible partnership receiving a grant under this part is not 

making substantial progress in meeting the purposes, goals, objectives, and measures of the grant, as appropriate, by the end of 

the third year of a grant under this part, then the Secretary— 

‘‘(1) shall cancel the grant; and 

‘‘(2) may use any funds returned or available because of 

such cancellation under paragraph (1) to— 

‘‘(A) increase other grant awards under this part; or 

‘‘(B) award new grants to other eligible partnerships 

under this part. 

‘‘(d) EVALUATION AND DISSEMINATION.—The Secretary shall 

evaluate the activities funded under this part and report the 

findings regarding the evaluation of such activities to the authorizing committees. The Secretary shall broadly disseminate— 

‘‘(1) successful practices developed by eligible partnerships 

under this part; and 

‘‘(2) information regarding such practices that were found 

to be ineffective. 

‘‘SEC. 205. ACCOUNTABILITY FOR PROGRAMS THAT PREPARE 

TEACHERS. 

‘‘(a) INSTITUTIONAL AND PROGRAM REPORT CARDS ON THE

QUALITY OF TEACHER PREPARATION.— 

‘‘(1) REPORT CARD.—Each institution of higher education 

that conducts a traditional teacher preparation program or 

alternative routes to State certification or licensure program 

and that enrolls students receiving Federal assistance under 

this Act shall report annually to the State and the general 

public, in a uniform and comprehensible manner that conforms 

with the definitions and methods established by the Secretary, 

the following: 

‘‘(A) GOALS AND ASSURANCES.— 

20 USC 1022d. 

Reports. 

Deadline. 


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‘‘(i) For the most recent year for which the information is available for the institution— 

‘‘(I) whether the goals set under section 206 

have been met; and 

‘‘(II) a description of the activities the institution implemented to achieve such goals. 

‘‘(ii) A description of the steps the institution is 

taking to improve its performance in meeting the 

annual goals set under section 206. 

‘‘(iii) A description of the activities the institution 

has implemented to meet the assurances provided 

under section 206. 

‘‘(B) PASS RATES AND SCALED SCORES.—For the most 

recent year for which the information is available for those 

students who took the assessments used for teacher certification or licensure by the State in which the program 

is located and are enrolled in the traditional teacher 

preparation program or alternative routes to State certification or licensure program, and for those who have taken 

such assessments and have completed the traditional 

teacher preparation program or alternative routes to State 

certification or licensure program during the two-year 

period preceding such year, for each of such assessments— 

‘‘(i) the percentage of students who have completed 

100 percent of the nonclinical coursework and taken 

the assessment who pass such assessment; 

‘‘(ii) the percentage of all students who passed 

such assessment; 

‘‘(iii) the percentage of students who have taken 

such assessment who enrolled in and completed the 

traditional teacher preparation program or alternative 

routes to State certification or licensure program, as 

applicable; 

‘‘(iv) the average scaled score for all students who 

took such assessment; 

‘‘(v) a comparison of the program’s pass rates with 

the average pass rates for programs in the State; and 

‘‘(vi) a comparison of the program’s average scaled 

scores with the average scaled scores for programs 

in the State. 

‘‘(C) PROGRAM INFORMATION.—A description of— 

‘‘(i) the criteria for admission into the program; 

‘‘(ii) the number of students in the program 

(disaggregated by race, ethnicity, and gender); 

‘‘(iii) the average number of hours of supervised 

clinical experience required for those in the program; 

‘‘(iv) the number of full-time equivalent faculty 

and students in the supervised clinical experience; and 

‘‘(v) the total number of students who have been 

certified or licensed as teachers, disaggregated by subject and area of certification or licensure. 

‘‘(D) STATEMENT.—In States that require approval or 

accreditation of teacher preparation programs, a statement 

of whether the institution’s program is so approved or 

accredited, and by whom. 


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‘‘(E) DESIGNATION AS LOW-PERFORMING.—Whether the 

program has been designated as low-performing by the 

State under section 207(a). 

‘‘(F) USE OF TECHNOLOGY.—A description of the activities, including activities consistent with the principles of 

universal design for learning, that prepare teachers to 

integrate technology effectively into curricula and instruction, and to use technology effectively to collect, manage, 

and analyze data in order to improve teaching and learning 

for the purpose of increasing student academic achievement. 

‘‘(G) TEACHER TRAINING.—A description of the activities 

that prepare general education and special education 

teachers to teach students with disabilities effectively, 

including training related to participation as a member 

of individualized education program teams, as defined in 

section 614(d)(1)(B) of the Individuals with Disabilities 

Education Act, and to effectively teach students who are 

limited English proficient. 

‘‘(2) REPORT.—Each eligible partnership receiving a grant 

under section 202 shall report annually on the progress of 

the eligible partnership toward meeting the purposes of this 

part and the objectives and measures described in section 

204(a). 

‘‘(3) FINES.—The Secretary may impose a fine not to exceed 

$27,500 on an institution of higher education for failure to 

provide the information described in this subsection in a timely 

or accurate manner. 

‘‘(4) SPECIAL RULE.—In the case of an institution of higher 

education that conducts a traditional teacher preparation program or alternative routes to State certification or licensure 

program and has fewer than 10 scores reported on any single 

initial teacher certification or licensure assessment during an 

academic year, the institution shall collect and publish information, as required under paragraph (1)(B), with respect to an 

average pass rate and scaled score on each State certification 

or licensure assessment taken over a three-year period. 

‘‘(b) STATE REPORT CARD ON THE QUALITY OF TEACHER

PREPARATION.— 

‘‘(1) IN GENERAL.—Each State that receives funds under 

this Act shall provide to the Secretary, and make widely available to the general public, in a uniform and comprehensible 

manner that conforms with the definitions and methods established by the Secretary, an annual State report card on the 

quality of teacher preparation in the State, both for traditional 

teacher preparation programs and for alternative routes to 

State certification or licensure programs, which shall include 

not less than the following: 

‘‘(A) A description of the reliability and validity of 

the teacher certification and licensure assessments, and 

any other certification and licensure requirements, used 

by the State. 

‘‘(B) The standards and criteria that prospective 

teachers must meet to attain initial teacher certification 

or licensure and to be certified or licensed to teach particular academic subjects, areas, or grades within the State. 

Public 

information. 


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‘‘(C) A description of how the assessments and requirements described in subparagraph (A) are aligned with the 

State’s challenging academic content standards required 

under section 1111(b)(1) of the Elementary and Secondary 

Education Act of 1965 and, as applicable, State early 

learning standards for early childhood education programs. 

‘‘(D) For each of the assessments used by the State 

for teacher certification or licensure— 

‘‘(i) for each institution of higher education located 

in the State and each entity located in the State, 

including those that offer an alternative route for 

teacher certification or licensure, the percentage of students at such institution or entity who have completed 

100 percent of the nonclinical coursework and taken 

the assessment who pass such assessment; 

‘‘(ii) the percentage of all such students at all 

such institutions and entities who have taken the 

assessment who pass such assessment; 

‘‘(iii) the percentage of students who have taken 

the assessment who enrolled in and completed a 

teacher preparation program; and 

‘‘(iv) the average scaled score of individuals participating in such a program, or who have completed 

such a program during the two-year period preceding 

the first year for which the annual State report card 

is provided, who took each such assessment. 

‘‘(E) A description of alternative routes to teacher certification or licensure in the State (including any such 

routes operated by entities that are not institutions of 

higher education), if any, including, for each of the assessments used by the State for teacher certification or licensure— 

‘‘(i) the percentage of individuals participating in 

such routes, or who have completed such routes during 

the two-year period preceding the date for which the 

determination is made, who passed each such assessment; and 

‘‘(ii) the average scaled score of individuals participating in such routes, or who have completed such 

routes during the two-year period preceding the first 

year for which the annual State report card is provided, 

who took each such assessment. 

‘‘(F) A description of the State’s criteria for assessing 

the performance of teacher preparation programs within 

institutions of higher education in the State. Such criteria 

shall include indicators of the academic content knowledge 

and teaching skills of students enrolled in such programs. 

‘‘(G) For each teacher preparation program in the 

State— 

‘‘(i) the criteria for admission into the program; 

‘‘(ii) the number of students in the program, 

disaggregated by race, ethnicity, and gender (except 

that such disaggregation shall not be required in a 

case in which the number of students in a category 

is insufficient to yield statistically reliable information 

or the results would reveal personally identifiable 

information about an individual student); 


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‘‘(iii) the average number of hours of supervised 

clinical experience required for those in the program; 

and 

‘‘(iv) the number of full-time equivalent faculty, 

adjunct faculty, and students in supervised clinical 

experience. 

‘‘(H) For the State as a whole, and for each teacher 

preparation program in the State, the number of teachers 

prepared, in the aggregate and reported separately by— 

‘‘(i) area of certification or licensure; 

‘‘(ii) academic major; and 

‘‘(iii) subject area for which the teacher has been 

prepared to teach. 

‘‘(I) A description of the extent to which teacher 

preparation programs are addressing shortages of highly 

qualified teachers, by area of certification or licensure, 

subject, and specialty, in the State’s public schools. 

‘‘(J) The extent to which teacher preparation programs 

prepare teachers, including general education and special 

education teachers, to teach students with disabilities effectively, including training related to participation as a 

member of individualized education program teams, as 

defined in section 614(d)(1)(B) of the Individuals with 

Disabilities Education Act. 

‘‘(K) A description of the activities that prepare 

teachers to— 

‘‘(i) integrate technology effectively into curricula 

and instruction, including activities consistent with the 

principles of universal design for learning; and 

‘‘(ii) use technology effectively to collect, manage, 

and analyze data to improve teaching and learning 

for the purpose of increasing student academic achievement. 

‘‘(L) The extent to which teacher preparation programs 

prepare teachers, including general education and special 

education teachers, to effectively teach students who are 

limited English proficient. 

‘‘(2) PROHIBITION AGAINST CREATING A NATIONAL LIST.— 

The Secretary shall not create a national list or ranking of 

States, institutions, or schools using the scaled scores provided 

under this subsection. 

‘‘(c) DATA QUALITY.—The Secretary shall prescribe regulations 

to ensure the reliability, validity, integrity, and accuracy of the 

data submitted pursuant to this section. 

‘‘(d) REPORT OF THE SECRETARY ON THE QUALITY OF TEACHER

PREPARATION.— 

‘‘(1) REPORT CARD.—The Secretary shall annually provide 

to the authorizing committees, and publish and make widely 

available, a report card on teacher qualifications and preparation in the United States, including all the information reported 

in subparagraphs (A) through (L) of subsection (b)(1). Such 

report shall identify States for which eligible partnerships 

received a grant under this part. 

‘‘(2) REPORT TO CONGRESS.—The Secretary shall prepare 

and submit a report to the authorizing committees that contains 

the following: 

Publication. 

Regulations. 


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‘‘(A) A comparison of States’ efforts to improve the 

quality of the current and future teaching force. 

‘‘(B) A comparison of eligible partnerships’ efforts to 

improve the quality of the current and future teaching 

force. 

‘‘(C) The national mean and median scaled scores and 

pass rate on any standardized test that is used in more 

than one State for teacher certification or licensure. 

‘‘(3) SPECIAL RULE.—In the case of a teacher preparation 

program with fewer than ten scores reported on any single 

initial teacher certification or licensure assessment during an 

academic year, the Secretary shall collect and publish, and 

make publicly available, information with respect to an average 

pass rate and scaled score on each State certification or licensure assessment taken over a three-year period. 

‘‘(e) COORDINATION.—The Secretary, to the extent practicable, 

shall coordinate the information collected and published under this 

part among States for individuals who took State teacher certification or licensure assessments in a State other than the State 

in which the individual received the individual’s most recent degree. 

‘‘SEC. 206. TEACHER DEVELOPMENT. 

‘‘(a) ANNUAL GOALS.—Each institution of higher education that 

conducts a traditional teacher preparation program (including programs that offer any ongoing professional development programs) 

or alternative routes to State certification or licensure program, 

and that enrolls students receiving Federal assistance under this 

Act, shall set annual quantifiable goals for increasing the number 

of prospective teachers trained in teacher shortage areas designated 

by the Secretary or by the State educational agency, including 

mathematics, science, special education, and instruction of limited 

English proficient students. 

‘‘(b) ASSURANCES.—Each institution described in subsection (a) 

shall provide assurances to the Secretary that— 

‘‘(1) training provided to prospective teachers responds to 

the identified needs of the local educational agencies or States 

where the institution’s graduates are likely to teach, based 

on past hiring and recruitment trends; 

‘‘(2) training provided to prospective teachers is closely 

linked with the needs of schools and the instructional decisions 

new teachers face in the classroom; 

‘‘(3) prospective special education teachers receive course 

work in core academic subjects and receive training in providing 

instruction in core academic subjects; 

‘‘(4) general education teachers receive training in providing 

instruction to diverse populations, including children with 

disabilities, limited English proficient students, and children 

from low-income families; and 

‘‘(5) prospective teachers receive training on how to effectively teach in urban and rural schools, as applicable. 

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

be construed to require an institution to create a new teacher 

preparation area of concentration or degree program or adopt a 

specific curriculum in complying with this section. 

‘‘SEC. 207. STATE FUNCTIONS. 

‘‘(a) STATE ASSESSMENT.—In order to receive funds under this 

Act, a State shall conduct an assessment to identify low-performing 

20 USC 1022f. 

20 USC 1022e. 

Publication. 

Public 

information. 


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teacher preparation programs in the State and to assist such programs through the provision of technical assistance. Each such 

State shall provide the Secretary with an annual list of low-performing teacher preparation programs and an identification of those 

programs at risk of being placed on such list, as applicable. Such 

assessment shall be described in the report under section 205(b). 

Levels of performance shall be determined solely by the State 

and may include criteria based on information collected pursuant 

to this part, including progress in meeting the goals of— 

‘‘(1) increasing the percentage of highly qualified teachers 

in the State, including increasing professional development 

opportunities; 

‘‘(2) improving student academic achievement for 

elementary and secondary students; and 

‘‘(3) raising the standards for entry into the teaching profession. 

‘‘(b) TERMINATION OF ELIGIBILITY.—Any teacher preparation 

program from which the State has withdrawn the State’s approval, 

or terminated the State’s financial support, due to the low performance of the program based upon the State assessment described 

in subsection (a)— 

‘‘(1) shall be ineligible for any funding for professional 

development activities awarded by the Department; 

‘‘(2) may not be permitted to accept or enroll any student 

who receives aid under title IV in the institution’s teacher 

preparation program; 

‘‘(3) shall provide transitional support, including remedial 

services if necessary, for students enrolled at the institution 

at the time of termination of financial support or withdrawal 

of approval; and 

‘‘(4) shall be reinstated upon demonstration of improved 

performance, as determined by the State. 

‘‘(c) NEGOTIATED RULEMAKING.—If the Secretary develops any 

regulations implementing subsection (b)(2), the Secretary shall 

submit such proposed regulations to a negotiated rulemaking 

process, which shall include representatives of States, institutions 

of higher education, and educational and student organizations. 

‘‘(d) APPLICATION OF THE REQUIREMENTS.—The requirements 

of this section shall apply to both traditional teacher preparation 

programs and alternative routes to State certification and licensure 

programs. 

‘‘SEC. 208. GENERAL PROVISIONS. 

‘‘(a) METHODS.—In complying with sections 205 and 206, the 

Secretary shall ensure that States and institutions of higher education use fair and equitable methods in reporting and that the 

reporting methods do not reveal personally identifiable information. 

‘‘(b) SPECIAL RULE.—For each State that does not use content 

assessments as a means of ensuring that all teachers teaching 

in core academic subjects within the State are highly qualified, 

as required under section 1119 of the Elementary and Secondary 

Education Act of 1965, in accordance with the State plan submitted 

or revised under section 1111 of such Act, and that each person 

employed as a special education teacher in the State who teaches 

elementary school or secondary school is highly qualified by the 

deadline, as required under section 612(a)(14)(C) of the Individuals 

with Disabilities Education Act, the Secretary shall— 

20 USC 1022g. 


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‘‘(1) to the extent practicable, collect data comparable to 

the data required under this part from States, local educational 

agencies, institutions of higher education, or other entities that 

administer such assessments to teachers or prospective 

teachers; and 

‘‘(2) notwithstanding any other provision of this part, use 

such data to carry out requirements of this part related to 

assessments, pass rates, and scaled scores. 

‘‘(c) RELEASE OF INFORMATION TO TEACHER PREPARATION PRO- GRAMS.— 

‘‘(1) IN GENERAL.—For the purpose of improving teacher 

preparation programs, a State that receives funds under this 

Act, or that participates as a member of a partnership, consortium, or other entity that receives such funds, shall provide 

to a teacher preparation program, upon the request of the 

teacher preparation program, any and all pertinent educationrelated information that— 

‘‘(A) may enable the teacher preparation program to 

evaluate the effectiveness of the program’s graduates or 

the program itself; and 

‘‘(B) is possessed, controlled, or accessible by the State. 

‘‘(2) CONTENT OF INFORMATION.—The information described 

in paragraph (1)— 

‘‘(A) shall include an identification of specific individuals who graduated from the teacher preparation program 

to enable the teacher preparation program to evaluate the 

information provided to the program from the State with 

the program’s own data about the specific courses taken 

by, and field experiences of, the individual graduates; and 

‘‘(B) may include— 

‘‘(i) kindergarten through grade 12 academic 

achievement and demographic data, without revealing 

personally identifiable information about an individual 

student, for students who have been taught by graduates of the teacher preparation program; and 

‘‘(ii) teacher effectiveness evaluations for teachers 

who graduated from the teacher preparation program. 

‘‘SEC. 209. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated to carry out this 

part $300,000,000 for fiscal year 2009 and such sums as may 

be necessary for each of the two succeeding fiscal years.’’; and 

(3) by striking part B and inserting the following: 

‘‘PART B—ENHANCING TEACHER EDUCATION 

‘‘SEC. 230. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated to carry out this 

part such sums as may be necessary for fiscal year 2009 and 

each of the five succeeding fiscal years. 

‘‘Subpart 1—Preparing Teachers for Digital Age 

Learners 

‘‘SEC. 231. PROGRAM AUTHORIZED. 

‘‘(a) PROGRAM AUTHORITY.—The Secretary is authorized to 

award grants to, or enter into contracts or cooperative agreements 

20 USC 1032. 

20 USC 1031. 

20 USC 1041 

et seq. 

20 USC 1022h. 


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with, eligible consortia to pay the Federal share of the costs of 

projects to— 

‘‘(1) serve graduate teacher candidates who are prepared 

to use modern information, communication, and learning tools 

to— 

‘‘(A) improve student learning, assessment, and 

learning management; and 

‘‘(B) help students develop learning skills to succeed 

in higher education and to enter the workforce; 

‘‘(2) strengthen and develop partnerships among the stakeholders in teacher preparation to transform teacher education 

and ensure technology-rich teaching and learning environments 

throughout a teacher candidate’s preservice education, 

including clinical experiences; and 

‘‘(3) assess the effectiveness of departments, schools, and 

colleges of education at institutions of higher education in preparing teacher candidates for successful implementation of technology-rich teaching and learning environments, including 

environments consistent with the principles of universal design 

for learning, that enable kindergarten through grade 12 students to develop learning skills to succeed in higher education 

and to enter the workforce. 

‘‘(b) AMOUNT AND DURATION.—A grant, contract, or cooperative 

agreement under this subpart— 

‘‘(1) shall be for not more than $2,000,000; 

‘‘(2) shall be for a three-year period; and 

‘‘(3) may be renewed for one additional year. 

‘‘(c) NON-FEDERAL SHARE REQUIREMENT.—The Federal share 

of the cost of any project funded under this subpart shall not 

exceed 75 percent. The non-Federal share of the cost of such project 

may be provided in cash or in kind, fairly evaluated, including 

services. 

‘‘(d) DEFINITION OF ELIGIBLE CONSORTIUM.—In this subpart, 

the term ‘eligible consortium’ means a consortium of members that 

includes the following: 

‘‘(1) Not less than one institution of higher education that 

awards baccalaureate or masters degrees and prepares teachers 

for initial entry into teaching. 

‘‘(2) Not less than one State educational agency or local 

educational agency. 

‘‘(3) A department, school, or college of education at an 

institution of higher education. 

‘‘(4) A department, school, or college of arts and sciences 

at an institution of higher education. 

‘‘(5) Not less than one entity with the capacity to contribute 

to the technology-related reform of teacher preparation programs, which may be a professional association, foundation, 

museum, library, for-profit business, public or private nonprofit 

organization, community-based organization, or other entity. 

‘‘SEC. 232. USES OF FUNDS. 

‘‘(a) IN GENERAL.—An eligible consortium that receives a grant 

or enters into a contract or cooperative agreement under this subpart shall use funds made available under this subpart to carry 

out a project that— 

‘‘(1) develops long-term partnerships among members of 

the consortium that are focused on effective teaching with 

20 USC 1032a. 


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modern digital tools and content that substantially connect 

preservice preparation of teacher candidates with high-need 

schools; or 

‘‘(2) transforms the way departments, schools, and colleges 

of education teach classroom technology integration, including 

the principles of universal design, to teacher candidates. 

‘‘(b) USES OF FUNDS FOR PARTNERSHIP GRANTS.—In carrying 

out a project under subsection (a)(1), an eligible consortium shall— 

‘‘(1) provide teacher candidates, early in their preparation, 

with field experiences with technology in educational settings; 

‘‘(2) build the skills of teacher candidates to support technology-rich instruction, assessment and learning management 

in content areas, technology literacy, an understanding of the 

principles of universal design, and the development of other 

skills for entering the workforce; 

‘‘(3) provide professional development in the use of technology for teachers, administrators, and content specialists who 

participate in field placement; 

‘‘(4) provide professional development of technology pedagogical skills for faculty of departments, schools, and colleges 

of education and arts and sciences; 

‘‘(5) implement strategies for the mentoring of teacher candidates by members of the consortium with respect to technology implementation; 

‘‘(6) evaluate teacher candidates during the first years of 

teaching to fully assess outcomes of the project; 

‘‘(7) build collaborative learning communities for technology 

integration within the consortium to sustain meaningful 

applications of technology in the classroom during teacher 

preparation and early career practice; and 

‘‘(8) evaluate the effectiveness of the project. 

‘‘(c) USES OF FUNDS FOR TRANSFORMATION GRANTS.—In carrying out a project under subsection (a)(2), an eligible consortium 

shall— 

‘‘(1) redesign curriculum to require collaboration between 

the department, school, or college of education faculty and 

the department, school, or college of arts and sciences faculty 

who teach content or methods courses for training teacher 

candidates; 

‘‘(2) collaborate between the department, school, or college 

of education faculty and the department, school, or college 

of arts and science faculty and academic content specialists 

at the local educational agency to educate preservice teachers 

who can integrate technology and pedagogical skills in content 

areas; 

‘‘(3) collaborate between the department, school, or college 

of education faculty and the department, school, or college 

of arts and sciences faculty who teach courses to preservice 

teachers to— 

‘‘(A) develop and implement a plan for preservice 

teachers and continuing educators that demonstrates effective instructional strategies and application of such strategies in the use of digital tools to transform the teaching 

and learning process; and 

‘‘(B) better reach underrepresented preservice teacher 

populations with programs that connect such preservice 

teacher populations with applications of technology; 


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‘‘(4) collaborate among faculty and students to create and 

disseminate case studies of technology applications in classroom 

settings with a goal of improving student academic achievement 

in high-need schools; 

‘‘(5) provide additional technology resources for preservice 

teachers to plan and implement technology applications in 

classroom settings that provide evidence of student learning; 

and 

‘‘(6) bring together expertise from departments, schools, 

or colleges of education, arts and science faculty, and academic 

content specialists at the local educational agency to share 

and disseminate technology applications in the classroom 

through teacher preparation and into early career practice. 

‘‘SEC. 233. APPLICATION REQUIREMENTS. 

‘‘To be eligible to receive a grant or enter into a contract 

or cooperative agreement under this subpart, an eligible consortium 

shall submit an application to the Secretary at such time, in such 

manner, and containing such information as the Secretary may 

require. Such application shall include the following: 

‘‘(1) A description of the project to be carried out with 

the grant, including how the project will— 

‘‘(A) develop a long-term partnership focused on effective teaching with modern digital tools and content that 

substantially connects preservice preparation of teacher 

candidates with high-need schools; or 

‘‘(B) transform the way departments, schools, and colleges of education teach classroom technology integration, 

including the principles of universal design, to teacher 

candidates. 

‘‘(2) A demonstration of— 

‘‘(A) the commitment, including the financial commitment, of each of the members of the consortium for the 

proposed project; and 

‘‘(B) the support of the leadership of each organization 

that is a member of the consortium for the proposed project. 

‘‘(3) A description of how each member of the consortium 

will participate in the project. 

‘‘(4) A description of how the State educational agency 

or local educational agency will incorporate the project into 

the agency’s technology plan, if such a plan already exists. 

‘‘(5) A description of how the project will be continued 

after Federal funds are no longer available under this subpart 

for the project. 

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

‘‘(A) State teacher technology standards; and 

‘‘(B) State student technology standards. 

‘‘(7) A plan for the evaluation of the project, which shall 

include benchmarks to monitor progress toward specific project 

objectives. 

‘‘SEC. 234. EVALUATION. 

‘‘Not less than ten percent of the funds awarded to an eligible 

consortium to carry out a project under this subpart shall be used 

to evaluate the effectiveness of such project. 

20 USC 1032c. 

20 USC 1032b. 


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‘‘Subpart 2—Honorable Augustus F. Hawkins 

Centers of Excellence 

‘‘SEC. 241. DEFINITIONS. 

‘‘In this subpart: 

‘‘(1) ELIGIBLE INSTITUTION.—The term ‘eligible institution’ 

means— 

‘‘(A) an institution of higher education that has a 

teacher preparation program that is a qualified teacher 

preparation program and that is— 

‘‘(i) a part B institution (as defined in section 322); 

‘‘(ii) a Hispanic-serving institution (as defined in 

section 502); 

‘‘(iii) a Tribal College or University (as defined 

in section 316); 

‘‘(iv) an Alaska Native-serving institution (as 

defined in section 317(b)); 

‘‘(v) a Native Hawaiian-serving institution (as 

defined in section 317(b)); 

‘‘(vi) a Predominantly Black Institution (as defined 

in section 318); 

‘‘(vii) an Asian American and Native American 

Pacific Islander-serving institution (as defined in section 320(b)); or 

‘‘(viii) a Native American-serving, nontribal 

institution (as defined in section 319); 

‘‘(B) a consortium of institutions described in subparagraph (A); or 

‘‘(C) an institution described in subparagraph (A), or 

a consortium described in subparagraph (B), in partnership 

with any other institution of higher education, but only 

if the center of excellence established under section 242 

is located at an institution described in subparagraph (A). 

‘‘(2) SCIENTIFICALLY BASED READING RESEARCH.—The term 

‘scientifically based reading research’ has the meaning given 

such term in section 1208 of the Elementary and Secondary 

Education Act of 1965. 

‘‘SEC. 242. AUGUSTUS F. HAWKINS CENTERS OF EXCELLENCE. 

‘‘(a) PROGRAM AUTHORIZED.—From the amounts appropriated 

to carry out this part, the Secretary is authorized to award competitive grants to eligible institutions to establish centers of excellence. 

‘‘(b) USE OF FUNDS.—Grants provided by the Secretary under 

this subpart shall be used to ensure that current and future teachers 

are highly qualified by carrying out one or more of the following 

activities: 

‘‘(1) Implementing reforms within teacher preparation programs to ensure that such programs are preparing teachers 

who are highly qualified, are able to understand scientifically 

valid research, and are able to use advanced technology effectively in the classroom, including use of instructional techniques 

to improve student academic achievement, by— 

‘‘(A) retraining or recruiting faculty; and 

‘‘(B) designing (or redesigning) teacher preparation programs that— 

‘‘(i) prepare teachers to serve in low-performing 

schools and close student achievement gaps, and that 

20 USC 1033a. 

20 USC 1033. 


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are based on rigorous academic content, scientifically 

valid research (including scientifically based reading 

research and mathematics research, as it becomes 

available), and challenging State academic content 

standards and student academic achievement standards; and 

‘‘(ii) promote strong teaching skills. 

‘‘(2) Providing sustained and high-quality preservice clinical 

experience, including the mentoring of prospective teachers by 

exemplary teachers, substantially increasing interaction 

between faculty at institutions of higher education and new 

and experienced teachers, principals, and other administrators 

at elementary schools or secondary schools, and providing support, including preparation time, for such interaction. 

‘‘(3) Developing and implementing initiatives to promote 

retention of highly qualified teachers and principals, including 

minority teachers and principals, including programs that provide— 

‘‘(A) teacher or principal mentoring from exemplary 

teachers or principals, respectively; or 

‘‘(B) induction and support for teachers and principals 

during their first three years of employment as teachers 

or principals, respectively. 

‘‘(4) Awarding scholarships based on financial need to help 

students pay the costs of tuition, room, board, and other 

expenses of completing a teacher preparation program, not 

to exceed the cost of attendance. 

‘‘(5) Disseminating information on effective practices for 

teacher preparation and successful teacher certification and 

licensure assessment preparation strategies. 

‘‘(6) Activities authorized under section 202. 

‘‘(c) APPLICATION.—Any eligible institution desiring a grant 

under this subpart shall submit an application to the Secretary 

at such a time, in such a manner, and accompanied by such information as the Secretary may require. 

‘‘(d) MINIMUM GRANT AMOUNT.—The minimum amount of each 

grant under this subpart shall be $500,000. 

‘‘(e) LIMITATION ON ADMINISTRATIVE EXPENSES.—An eligible 

institution that receives a grant under this subpart may use not 

more than two percent of the funds provided to administer the 

grant. 

‘‘(f) REGULATIONS.—The Secretary shall prescribe such regulations as may be necessary to carry out this subpart. 

‘‘Subpart 3—Preparing General Education Teachers to More Effectively Educate Students With 

Disabilities 

‘‘SEC. 251. TEACH TO REACH GRANTS. 

‘‘(a) AUTHORIZATION OF PROGRAM.— ‘‘(1) IN GENERAL.—The Secretary is authorized to award 

grants, on a competitive basis, to eligible partnerships to 

improve the preparation of general education teacher candidates to ensure that such teacher candidates possess the 

knowledge and skills necessary to effectively instruct students 

with disabilities in general education classrooms. 

20 USC 1034. 


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‘‘(2) DURATION OF GRANTS.—A grant under this section 

shall be awarded for a period of not more than five years. 

‘‘(3) NON-FEDERAL SHARE.—An eligible partnership that 

receives a grant under this section shall provide not less than 

25 percent of the cost of the activities carried out with such 

grant from non-Federal sources, which may be provided in 

cash or in kind. 

‘‘(b) DEFINITION OF ELIGIBLE PARTNERSHIP.—In this section, 

the term ‘eligible partnership’ means a partnership that— 

‘‘(1) shall include— 

‘‘(A) one or more departments or programs at an 

institution of higher education— 

‘‘(i) that prepare elementary or secondary general 

education teachers; 

‘‘(ii) that have a program of study that leads to 

an undergraduate degree, a master’s degree, or completion of a postbaccalaureate program required for 

teacher certification; and 

‘‘(iii) the graduates of which are highly qualified; 

‘‘(B) a department or program of special education at 

an institution of higher education; 

‘‘(C) a department or program at an institution of 

higher education that provides degrees in core academic 

subjects; and 

‘‘(D) a high-need local educational agency; and 

‘‘(2) may include a department or program of mathematics, 

earth or physical science, foreign language, or another department at the institution that has a role in preparing teachers. 

‘‘(c) ACTIVITIES.—An eligible partnership that receives a grant 

under this section— 

‘‘(1) shall use the grant funds to— 

‘‘(A) develop or strengthen an undergraduate, 

postbaccalaureate, or master’s teacher preparation program 

by integrating special education strategies into the general 

education curriculum and academic content; 

‘‘(B) provide teacher candidates participating in the 

program under subparagraph (A) with skills related to— 

‘‘(i) response to intervention, positive behavioral 

interventions and supports, differentiated instruction, 

and data driven instruction; 

‘‘(ii) universal design for learning; 

‘‘(iii) determining and utilizing accommodations for 

instruction and assessments; 

‘‘(iv) collaborating with special educators, related 

services providers, and parents, including participation 

in individualized education program development and 

implementation; and 

‘‘(v) appropriately utilizing technology and 

assistive technology for students with disabilities; and 

‘‘(C) provide extensive clinical experience for participants described in subparagraph (B) with mentoring and 

induction support throughout the program that continues 

during the first two years of full-time teaching; and 

‘‘(2) may use grant funds to develop and administer alternate assessments of students with disabilities. 

‘‘(d) APPLICATION.—An eligible partnership seeking a grant 

under this section shall submit an application to the Secretary 


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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; 

and 

‘‘(2) an assessment of the existing personnel needs for 

general education teachers who instruct students with disabilities, performed by the local educational agency in which most 

graduates of the teacher preparation program are likely to 

teach after completion of the program under subsection (c)(1). 

‘‘(e) PEER REVIEW.—The Secretary shall convene a peer review 

committee to review applications for grants under this section and 

to make recommendations to the Secretary regarding the selection 

of grantees. Members of the peer review committee shall be recognized experts in the fields of special education, teacher preparation, 

and general education and shall not be in a position to benefit 

financially from any grants awarded under this section. 

‘‘(f) EVALUATIONS.— 

‘‘(1) BY THE PARTNERSHIP.— 

‘‘(A) IN GENERAL.—An eligible partnership receiving 

a grant under this section shall conduct an evaluation 

at the end of the grant period to determine— 

‘‘(i) the effectiveness of the general education 

teachers who completed a program under subsection 

(c)(1) with respect to instruction of students with 

disabilities in general education classrooms; and 

‘‘(ii) the systemic impact of the activities carried 

out by such grant on how each institution of higher 

education that is a member of the partnership prepares 

teachers for instruction in elementary schools and secondary schools. 

‘‘(B) REPORT TO THE SECRETARY.—Each eligible partnership performing an evaluation under subparagraph (A) 

shall report the findings of such evaluation to the Secretary. 

‘‘(2) REPORT BY THE SECRETARY.—Not later than 180 days 

after the last day of the grant period under this section, the 

Secretary shall make available to Congress and the public 

the findings of the evaluations submitted under paragraph 

(1), and information on best practices related to effective 

instruction of students with disabilities in general education 

classrooms. 

‘‘Subpart 4—Adjunct Teacher Corps 

‘‘SEC. 255. ADJUNCT TEACHER CORPS. 

‘‘(a) PURPOSE.—The purpose of this section is to create 

opportunities for professionals and other individuals with subject 

matter expertise in mathematics, science, or critical foreign languages to provide such subject matter expertise to secondary school 

students on an adjunct basis. 

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

award grants on a competitive basis to eligible entities to identify, 

recruit, and train qualified individuals with subject matter expertise 

in mathematics, science, or critical foreign languages to serve as 

adjunct content specialists. 

20 USC 1035. 

Public 

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

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

‘‘(d) ELIGIBLE ENTITY.—In this section, the term ‘eligible entity’ 

means— 

‘‘(1) a local educational agency; or 

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

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

organization or business. 

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

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

one or both of the following activities: 

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

recruit, and train individuals with subject matter expertise 

in mathematics, science, or critical foreign languages who are 

not employed in the elementary and secondary education 

system (including individuals in business and government, and 

individuals who would participate through distance-learning 

arrangements) to become adjunct content specialists. 

‘‘(2) To provide preservice training and on-going professional development to adjunct content specialists. 

‘‘(f) APPLICATIONS.— 

‘‘(1) APPLICATION REQUIRED.—An eligible entity that desires 

a grant under this section shall submit an application to the 

Secretary at such time, in such manner, and containing such 

information as the Secretary may require. 

‘‘(2) CONTENTS.—An application submitted under paragraph (1) shall include— 

‘‘(A) a description of— 

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

adjunct content specialists in the schools served by 

the local educational agency, which may include 

information on the difficulty the local educational 

agency faces in recruiting qualified faculty in mathematics, science, and critical foreign language courses; 

‘‘(ii) measurable objectives for the activities supported by the grant, including the number of adjunct 

content specialists the eligible entity intends to place 

in schools and classrooms, and the gains in academic 

achievement expected as a result of the addition of 

such specialists; 

‘‘(iii) how the eligible entity will establish criteria 

for and recruit the most qualified individuals and 

public or private organizations and businesses to 

participate in the activities supported by the grant; 

‘‘(iv) how the eligible entity will provide preservice 

training and on-going professional development to 

adjunct content specialists to ensure that such specialists have the capacity to serve effectively; 

‘‘(v) how the eligible entity will use funds received 

under this section, including how the eligible entity 

will evaluate the success of the activities supported 

by the grant; and 

‘‘(vi) how the eligible entity will support and continue the activities supported by the grant after the 

grant has expired, including how such entity will seek 

support from other sources, such as State and local 

government and the private sector; and 


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‘‘(B) an assurance that the use of adjunct content 

specialists will not result in the displacement or transfer 

of currently employed teachers nor a reduction in the 

number of overall teachers in the district. 

‘‘(g) PRIORITIES.—In awarding grants under this section, the 

Secretary shall give priority to eligible entities that demonstrate 

in the application for such a grant a plan to— 

‘‘(1) serve the schools served by the local educational agency 

that have a large number or percentage of students performing 

below grade level in mathematics, science, or critical foreign 

language courses; 

‘‘(2) serve local educational agencies that have a large 

number or percentage of students from low-income families; 

and 

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

specialists in schools that have an insufficient number of 

teachers in mathematics, science, or critical foreign languages. 

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

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

sources, an amount equal to 100 percent of the amount of such 

grant (in cash or in kind) to carry out the activities supported 

by such grant. 

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

grant under this section shall prepare and submit to the Secretary 

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

grant, which shall contain such information as the Secretary may 

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

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

supported by grants under this section, including the impact of 

such activities on student academic achievement, and shall report 

the results of such evaluation to the authorizing committees. 

‘‘(k) DEFINITION.—In this section, the term ‘adjunct content 

specialist’ means an individual who— 

‘‘(1) meets the requirements of section 9101(23)(B)(ii) of 

the Elementary and Secondary Education Act of 1965; 

‘‘(2) has demonstrated expertise in mathematics, science, 

or a critical foreign language, as determined by the local educational agency; and 

‘‘(3) is not the primary provider of instructional services 

to a student, unless the adjunct content specialist is under 

the direct supervision of a teacher who meets the requirements 

of section 9101(23) of such Act. 

‘‘Subpart 5—Graduate Fellowships to Prepare 

Faculty in High-Need Areas at Colleges of Education 

‘‘SEC. 258. GRADUATE FELLOWSHIPS TO PREPARE FACULTY IN HIGHNEED AREAS AT COLLEGES OF EDUCATION. 

‘‘(a) GRANTS BY SECRETARY.—The Secretary shall make grants 

to eligible institutions to enable such institutions to make graduate 

fellowship awards to qualified individuals in accordance with the 

provisions of this section. 

20 USC 1036. 

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‘‘(b) ELIGIBLE INSTITUTIONS.—In this section, the term ‘eligible 

institution’ means an institution of higher education, or a consortium of such institutions, that offers a program of postbaccalaureate 

study leading to a doctoral degree. 

‘‘(c) APPLICATIONS.—An eligible institution that desires a grant 

under this section shall submit an application to the Secretary 

at such time, in such manner, and containing such information 

as the Secretary may reasonably require. 

‘‘(d) TYPES OF FELLOWSHIPS SUPPORTED.— ‘‘(1) IN GENERAL.—An eligible institution that receives a 

grant under this section shall use the grant funds to provide 

graduate fellowships to individuals who are preparing for the 

professorate in order to prepare individuals to become highly 

qualified elementary school and secondary school mathematics 

and science teachers, special education teachers, and teachers 

who provide instruction for limited English proficient students. 

‘‘(2) TYPES OF STUDY.—A graduate fellowship provided 

under this section shall support an individual in pursuing 

postbaccalaureate study, which leads to a doctoral degree and 

may include a master’s degree as part of such study, related 

to teacher preparation and pedagogy in one of the following 

areas: 

‘‘(A) Science, technology, engineering, or mathematics, 

if the individual has completed a master’s degree in mathematics or science and is pursuing a doctoral degree in 

mathematics, science, or education. 

‘‘(B) Special education. 

‘‘(C) The instruction of limited English proficient students, including postbaccalaureate study in language 

instruction educational programs. 

‘‘(e) FELLOWSHIP TERMS AND CONDITIONS.— 

‘‘(1) SELECTION OF FELLOWS.—The Secretary shall ensure 

that an eligible institution that receives a grant under this 

section— 

‘‘(A) shall provide graduate fellowship awards to 

individuals who plan to pursue a career in instruction 

at an institution of higher education that has a teacher 

preparation program; and 

‘‘(B) may not provide a graduate fellowship to an otherwise eligible individual— 

‘‘(i) during periods in which such individual is 

enrolled at an institution of higher education unless 

such individual is maintaining satisfactory academic 

progress in, and devoting full-time study or research 

to, the pursuit of the degree for which the fellowship 

support was provided; or 

‘‘(ii) if the individual is engaged in gainful employment, other than part-time employment related to 

teaching, research, or a similar activity determined 

by the institution to be consistent with and supportive 

of the individuals’s progress toward the degree for 

which the fellowship support was provided. 

‘‘(2) AMOUNT OF FELLOWSHIP AWARDS.— 

‘‘(A) IN GENERAL.—An eligible institution that receives 

a grant under this section shall award stipends to individuals who are provided graduate fellowships under this 

section. 


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‘‘(B) AWARDS BASED ON NEED.—A stipend provided 

under this section shall be in an amount equal to the 

level of support provided by the National Science Foundation graduate fellowships, except that such stipend shall 

be adjusted as necessary so as not to exceed the fellowship 

recipient’s demonstrated need, as determined by the 

institution of higher education where the fellowship 

recipient is enrolled. 

‘‘(3) SERVICE REQUIREMENT.— 

‘‘(A) TEACHING REQUIRED.—Each individual who 

receives a graduate fellowship under this section and earns 

a doctoral degree shall teach for one year at an institution 

of higher education that has a teacher preparation program 

for each year of fellowship support received under this 

section. 

‘‘(B) INSTITUTIONAL OBLIGATION.—Each eligible institution that receives a grant under this section shall provide 

an assurance to the Secretary that the institution has 

inquired of and determined the decision of each individual 

who has received a graduate fellowship to, within three 

years of receiving a doctoral degree, begin employment 

at an institution of higher education that has a teacher 

preparation program, as required by this section. 

‘‘(C) AGREEMENT REQUIRED.—Prior to receiving an initial graduate fellowship award, and upon the annual 

renewal of the graduate fellowship award, an individual 

selected to receive a graduate fellowship under this section 

shall sign an agreement with the Secretary agreeing to 

pursue a career in instruction at an institution of higher 

education that has a teacher preparation program in 

accordance with subparagraph (A). 

‘‘(D) FAILURE TO COMPLY.—If an individual who 

receives a graduate fellowship award under this section 

fails to comply with the agreement signed pursuant to 

subparagraph (C), the sum of the amounts of any graduate 

fellowship award received by such recipient shall, upon 

a determination of such a failure, be treated as a Federal 

Direct Unsubsidized Stafford Loan under part D of title 

IV, and shall be subject to repayment, together with 

interest thereon accruing from the date of the fellowship 

award, in accordance with terms and conditions specified 

by the Secretary in regulations under this subpart. 

‘‘(E) MODIFIED SERVICE REQUIREMENT.—The Secretary 

may waive or modify the service requirement of this paragraph in accordance with regulations promulgated by the 

Secretary with respect to the criteria to determine the 

circumstances under which compliance with such service 

requirement is inequitable or represents a substantial 

hardship. The Secretary may waive the service requirement 

if compliance by the fellowship recipient is determined 

to be inequitable or represent a substantial hardship— 

‘‘(i) because the individual is permanently and 

totally disabled at the time of the waiver request; 

or 

‘‘(ii) based on documentation presented to the Secretary of substantial economic or personal hardship. 

Waiver authority. 


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‘‘(f) INSTITUTIONAL SUPPORT FOR FELLOWS.—An eligible institution that receives a grant under this section may reserve not more 

than ten percent of the grant amount for academic and career 

transition support for graduate fellowship recipients and for meeting 

the institutional obligation described in subsection (e)(3)(B). 

‘‘(g) RESTRICTION ON USE OF FUNDS.—An eligible institution 

that receives a grant under this section may not use grant funds 

for general operational overhead of the institution. 

‘‘PART C—GENERAL PROVISIONS 

‘‘SEC. 261. LIMITATIONS. 

‘‘(a) FEDERAL CONTROL PROHIBITED.—Nothing in this title shall 

be construed to permit, allow, encourage, or authorize any Federal 

control over any aspect of any private, religious, or home school, 

whether or not a home school is treated as a private school or 

home school under State law. This section shall not be construed 

to prohibit private, religious, or home schools from participation 

in programs or services under this title. 

‘‘(b) NO CHANGE IN STATE CONTROL ENCOURAGED OR

REQUIRED.—Nothing in this title shall be construed to encourage 

or require any change in a State’s treatment of any private, religious, or home school, whether or not a home school is treated 

as a private school or home school under State law. 

‘‘(c) NATIONAL SYSTEM OF TEACHER CERTIFICATION OR LICENSURE PROHIBITED.—Nothing in this title shall be construed to 

permit, allow, encourage, or authorize the Secretary to establish 

or support any national system of teacher certification or licensure. 

‘‘(d) RULE OF CONSTRUCTION.—Nothing in this title shall be 

construed to alter or otherwise affect the rights, remedies, and 

procedures afforded to the employees of local educational agencies 

under Federal, State, or local laws (including applicable regulations 

or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between 

such employees and their employers.’’. 

TITLE III—INSTITUTIONAL AID 

SEC. 301. PROGRAM PURPOSE. 

Section 311 (20 U.S.C. 1057) is amended— 

(1) in subsection (b)— 

(A) in paragraph (1), by striking ‘‘351’’ and inserting 

‘‘391’’; and 

(B) in paragraph (3)(F), by inserting ‘‘, including services that will assist in the education of special populations’’ 

before the period; and 

(2) in subsection (c)— 

(A) in paragraph (6), by inserting ‘‘, including innovative, customized, instruction courses designed to help retain 

students and move the students rapidly into core courses 

and through program completion, which may include 

remedial education and English language instruction’’ 

before the period; 

(B) by redesignating paragraphs (7) through (12) as 

paragraphs (8) through (13), respectively; 

(C) by inserting after paragraph (6) the following: 

20 USC 1041. 


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‘‘(7) Education or counseling services designed to improve 

the financial literacy and economic literacy of students or the 

students’ families.’’; 

(D) in paragraph (12) (as redesignated by subparagraph (B)), by striking ‘‘distance learning academic instruction capabilities’’ and inserting ‘‘distance education technologies’’; and 

(E) in the matter preceding subparagraph (A) of paragraph (13) (as redesignated by subparagraph (B)), by 

striking ‘‘subsection (c)’’ and inserting ‘‘subsection (b) and 

section 391’’. 

SEC. 302. DEFINITIONS; ELIGIBILITY. 

Section 312 (20 U.S.C. 1058) is amended— 

(1) in subsection (b)(1)(A), by striking ‘‘subsection (c) of 

this section’’ and inserting ‘‘subsection (d)’’; 

(2) in subsection (d)(2), by striking ‘‘subdivision’’ and 

inserting ‘‘paragraph’’; 

(3) by redesignating subsection (g) as subsection (h); and 

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

‘‘(g) LOW-INCOME INDIVIDUAL.—For the purpose of this part, 

the term ‘low-income individual’ means an individual from a family 

whose taxable income for the preceding year did not exceed 150 

percent of an amount equal to the poverty level determined by 

using criteria of poverty established by the Bureau of the Census.’’. 

SEC. 303. AMERICAN INDIAN TRIBALLY CONTROLLED COLLEGES AND 

UNIVERSITIES. 

Section 316 (20 U.S.C. 1059c) is amended— 

(1) by striking subsection (b)(3) and inserting the following: 

‘‘(3) TRIBAL COLLEGE OR UNIVERSITY.—The term ‘Tribal College or University’ means an institution that— 

‘‘(A) qualifies for funding under the Tribally Controlled 

Colleges and Universities Assistance Act of 1978 (25 U.S.C. 

1801 et seq.) or the Navajo Community College Assistance 

Act of 1978 (25 U.S.C. 640a note); or 

‘‘(B) is cited in section 532 of the Equity in Educational 

Land-Grant Status Act of 1994 (7 U.S.C. 301 note).’’; 

(2) in subsection (c)(2)— 

(A) by striking subparagraph (B) and inserting the 

following: 

‘‘(B) construction, maintenance, renovation, and 

improvement in classrooms, libraries, laboratories, and 

other instructional facilities, including purchase or rental 

of telecommunications technology equipment or services, 

and the acquisition of real property adjacent to the campus 

of the institution on which to construct such facilities;’’; 

(B) in subparagraph (C), by inserting before the semicolon at the end the following: ‘‘or in tribal governance 

or tribal public policy’’; 

(C) in subparagraph (D), by inserting before the semicolon the following: ‘‘and instruction in tribal governance 

or tribal public policy’’; 

(D) by redesignating subparagraphs (G), (H), (I), (J), 

(K), and (L) as subparagraphs (H), (I), (J), (K), (L), and 

(N), respectively; 

(E) by inserting after subparagraph (F) the following: 


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‘‘(G) education or counseling services designed to 

improve the financial literacy and economic literacy of students or the students’ families;’’; 

(F) in subparagraph (L) (as redesignated by subparagraph (D)), by striking ‘‘and’’ after the semicolon; 

(G) by inserting after subparagraph (L) (as redesignated by subparagraph (D) and amended by subparagraph 

(F)) the following: 

‘‘(M) developing or improving facilities for Internet use 

or other distance education technologies; and’’; and 

(H) in subparagraph (N) (as redesignated by subparagraph (D)), by striking ‘‘subparagraphs (A) through (K)’’ 

and inserting ‘‘subparagraphs (A) through (M)’’; and 

(3) by striking subsection (d) and inserting the following: 

‘‘(d) APPLICATION, PLAN, AND ALLOCATION.— ‘‘(1) INSTITUTIONAL ELIGIBILITY.—To be eligible to receive 

assistance under this section, a Tribal College or University 

shall be an eligible institution under section 312(b). 

‘‘(2) APPLICATION.— 

‘‘(A) IN GENERAL.—A Tribal College or University 

desiring to receive assistance under this section shall 

submit an application to the Secretary at such time, in 

such manner, and containing such information as the Secretary may reasonably require. 

‘‘(B) STREAMLINED PROCESS.—The Secretary shall 

establish application requirements in such a manner as 

to simplify and streamline the process for applying for 

grants under this section. 

‘‘(3) AWARDS AND ALLOCATIONS TO INSTITUTIONS.— 

‘‘(A) CONSTRUCTION GRANTS.— 

‘‘(i) IN GENERAL.—Of the amount appropriated to 

carry out this section for any fiscal year, the Secretary 

may reserve 30 percent for the purpose of awarding 

one-year grants of not less than $1,000,000 to address 

construction, maintenance, and renovation needs at 

eligible institutions. 

‘‘(ii) PREFERENCE.—In providing grants under 

clause (i) for any fiscal year, the Secretary shall give 

preference to eligible institutions that have not 

received an award under this section for a previous 

fiscal year. 

‘‘(B) ALLOTMENT OF REMAINING FUNDS.— 

‘‘(i) IN GENERAL.—Except as provided in clause 

(ii), the Secretary shall distribute the remaining funds 

appropriated for any fiscal year to each eligible institution as follows: 

‘‘(I) 60 percent of the remaining appropriated 

funds shall be distributed among the eligible Tribal 

Colleges and Universities on a pro rata basis, 

based on the respective Indian student counts (as 

defined in section 2(a) of the Tribally Controlled 

Colleges and Universities Assistance Act of 1978 

(25 U.S.C. 1801(a)) of the Tribal Colleges and 

Universities. 

‘‘(II) The remaining 40 percent shall be distributed in equal shares to the eligible Tribal Colleges 

and Universities. 


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‘‘(ii) MINIMUM GRANT.—The amount distributed to 

a Tribal College or University under clause (i) shall 

not be less than $500,000. 

‘‘(4) SPECIAL RULES.— ‘‘(A) CONCURRENT FUNDING.—No Tribal College or 

University that receives funds under this section shall 

concurrently receive funds under any other provision of 

this part, part B, or part A of title V. 

‘‘(B) EXEMPTION.—Section 313(d) shall not apply to 

institutions that are eligible to receive funds under this 

section.’’. 

SEC. 304. ALASKA NATIVE AND NATIVE HAWAIIAN-SERVING INSTITUTIONS. 

Section 317(c)(2) (20 U.S.C. 1059d(c)(2)) is amended— 

(1) in subparagraph (G), by striking ‘‘and’’ after the semicolon; 

(2) in subparagraph (H), by striking the period and 

inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(I) education or counseling services designed to 

improve the financial literacy and economic literacy of students or the students’ families.’’. 

SEC. 305. PREDOMINANTLY BLACK INSTITUTIONS. 

(a) IN GENERAL.—Part A of title III (20 U.S.C. 1057 et seq.) 

is amended by adding at the end the following: 

‘‘SEC. 318. PREDOMINANTLY BLACK INSTITUTIONS. 

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

Predominantly Black Institutions in expanding educational opportunity through a program of Federal assistance. 

‘‘(b) DEFINITIONS.—In this section: 

‘‘(1) ELIGIBLE INSTITUTION.—The term ‘eligible institution’ 

means an institution of higher education that— 

‘‘(A) has an enrollment of needy undergraduate students; 

‘‘(B) has an average educational and general expenditure that is low, per full-time equivalent undergraduate 

student, in comparison with the average educational and 

general expenditure per full-time equivalent undergraduate 

student of institutions that offer similar instruction, except 

that the Secretary may apply the waiver requirements 

described in section 392(b) to this subparagraph in the 

same manner as the Secretary applies the waiver requirements to section 312(b)(1)(B); 

‘‘(C) has an enrollment of undergraduate students that 

is not less than 40 percent Black American students; 

‘‘(D) is legally authorized to provide, and provides, 

within the State an educational program for which the 

institution of higher education awards a baccalaureate 

degree or, in the case of a junior or community college, 

an associate’s degree; 

‘‘(E) is accredited by a nationally recognized accrediting 

agency or association determined by the Secretary to be 

a reliable authority as to the quality of training offered 

or is, according to such an agency or association, making 

reasonable progress toward accreditation; and 

20 USC 1059e. 


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‘‘(F) is not receiving assistance under part B or part 

A of title V. 

‘‘(2) ENROLLMENT OF NEEDY STUDENTS.—The term ‘enrollment of needy students’ means the enrollment at an eligible 

institution with respect to which not less than 50 percent 

of the undergraduate students enrolled in an academic program 

leading to a degree— 

‘‘(A) in the second fiscal year preceding the fiscal year 

for which the determination is made, were Federal Pell 

Grant recipients for such year; 

‘‘(B) come from families that receive benefits under 

a means-tested Federal benefit program; 

‘‘(C) attended a public or nonprofit private secondary 

school that— 

‘‘(i) is in the school district of a local educational 

agency that was eligible for assistance under part A 

of title I of the Elementary and Secondary Education 

Act of 1965 for any year during which the student 

attended such secondary school; and 

‘‘(ii) for the purpose of this paragraph and for 

such year of attendance, was determined by the Secretary (pursuant to regulations and after consultation 

with the State educational agency of the State in which 

the school is located) to be a school in which the 

enrollment of children meeting a measure of poverty 

under section 1113(a)(5) of such Act exceeds 30 percent 

of the total enrollment of such school; or 

‘‘(D) are first-generation college students and a 

majority of such first-generation college students are lowincome individuals. 

‘‘(3) FIRST-GENERATION COLLEGE STUDENT.—The term ‘firstgeneration college student’ has the meaning given the term 

in section 402A(h). 

‘‘(4) LOW-INCOME INDIVIDUAL.—The term ‘low-income individual’ has the meaning given such term in section 402A(h). 

‘‘(5) MEANS-TESTED FEDERAL BENEFIT PROGRAM.—The term 

‘means-tested Federal benefit program’ means a program of 

the Federal Government, other than a program under title 

IV, in which eligibility for the program’s benefits, or the amount 

of such benefits, are determined on the basis of income or 

resources of the individual or family seeking the benefit. 

‘‘(6) PREDOMINANTLY BLACK INSTITUTION.—The term 

‘Predominantly Black Institution’ means an institution of 

higher education, as defined in section 101(a)— 

‘‘(A) that is an eligible institution with not less than 

1,000 undergraduate students; 

‘‘(B) at which not less than 50 percent of the undergraduate students enrolled at the eligible institution are 

low-income individuals or first-generation college students; 

and 

‘‘(C) at which not less than 50 percent of the undergraduate students are enrolled in an educational program 

leading to a bachelor’s or associate’s degree that the eligible 

institution is licensed to award by the State in which 

the eligible institution is located. 

‘‘(7) STATE.—The term ‘State’ means each of the 50 States 

and the District of Columbia. 


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‘‘(c) GRANT AUTHORITY.— ‘‘(1) IN GENERAL.—The Secretary is authorized to award 

grants, from allotments under subsection (e), to Predominantly 

Black Institutions to enable the Predominantly Black Institutions to carry out the authorized activities described in subsection (d). 

‘‘(2) PRIORITY.—In awarding grants under this section the 

Secretary shall give priority to Predominantly Black Institutions with large numbers or percentages of students described 

in subsections (b)(1)(A) or (b)(1)(C). The level of priority given 

to Predominantly Black Institutions with large numbers or 

percentages of students described in subsection (b)(1)(A) shall 

be twice the level of priority given to Predominantly Black 

Institutions with large numbers or percentages of students 

described in subsection (b)(1)(C). 

‘‘(d) AUTHORIZED ACTIVITIES.— ‘‘(1) REQUIRED ACTIVITIES.—Grant funds provided under 

this section shall be used— 

‘‘(A) to assist the Predominantly Black Institution to 

plan, develop, undertake, and implement programs to 

enhance the institution’s capacity to serve more low- and 

middle-income Black American students; 

‘‘(B) to expand higher education opportunities for students eligible to participate in programs under title IV 

by encouraging college preparation and student persistence 

in secondary school and postsecondary education; and 

‘‘(C) to strengthen the financial ability of the Predominantly Black Institution to serve the academic needs of 

the students described in subparagraphs (A) and (B). 

‘‘(2) ADDITIONAL ACTIVITIES.—Grant funds provided under 

this section shall be used for one or more of the following 

activities: 

‘‘(A) The activities described in paragraphs (1) through 

(12) of section 311(c). 

‘‘(B) Academic instruction in disciplines in which Black 

Americans are underrepresented. 

‘‘(C) Establishing or enhancing a program of teacher 

education designed to qualify students to teach in a public 

elementary school or secondary school in the State that 

shall include, as part of such program, preparation for 

teacher certification or licensure. 

‘‘(D) Establishing community outreach programs that 

will encourage elementary school and secondary school students to develop the academic skills and the interest to 

pursue postsecondary education. 

‘‘(E) Other activities proposed in the application submitted pursuant to subsection (f) that— 

‘‘(i) contribute to carrying out the purpose of this 

section; and 

‘‘(ii) are approved by the Secretary as part of the 

review and approval of an application submitted under 

subsection (f). 

‘‘(3) ENDOWMENT FUND.— 

‘‘(A) IN GENERAL.—A Predominantly Black Institution 

may use not more than 20 percent of the grant funds 

provided under this section to establish or increase an 

endowment fund at the institution. 


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‘‘(B) MATCHING REQUIREMENT.—In order to be eligible 

to use grant funds in accordance with subparagraph (A), 

a Predominantly Black Institution shall provide matching 

funds from non-Federal sources, in an amount equal to 

or greater than the Federal funds used in accordance with 

subparagraph (A), for the establishment or increase of the 

endowment fund. 

‘‘(C) COMPARABILITY.—The provisions of part C, 

regarding the establishment or increase of an endowment 

fund, that the Secretary determines are not inconsistent 

with this subsection, shall apply to funds used under 

subparagraph (A). 

‘‘(4) LIMITATION.—Not more than 50 percent of the grant 

funds provided to a Predominantly Black Institution under 

this section may be available for the purpose of constructing 

or maintaining a classroom, library, laboratory, or other instructional facility. 

‘‘(e) ALLOTMENTS TO PREDOMINANTLY BLACK INSTITUTIONS.— 

‘‘(1) FEDERAL PELL GRANT BASIS.—From the amounts appropriated to carry out this section for any fiscal year, the Secretary shall allot to each Predominantly Black Institution 

having an application approved under subsection (f) a sum 

that bears the same ratio to one-half of that amount as the 

number of Federal Pell Grant recipients in attendance at such 

institution at the end of the academic year preceding the beginning of that fiscal year, bears to the total number of Federal 

Pell Grant recipients at all such institutions at the end of 

such academic year. 

‘‘(2) GRADUATES BASIS.—From the amounts appropriated 

to carry out this section for any fiscal year, the Secretary 

shall allot to each Predominantly Black Institution having an 

application approved under subsection (f) a sum that bears 

the same ratio to one-fourth of that amount as the number 

of graduates for such academic year at such institution, bears 

to the total number of graduates for such academic year at 

all such institutions. 

‘‘(3) GRADUATES SEEKING A HIGHER DEGREE BASIS.—From 

the amounts appropriated to carry out this section for any 

fiscal year, the Secretary shall allot to each Predominantly 

Black Institution having an application approved under subsection (f) a sum that bears the same ratio to one-fourth of 

that amount as the percentage of graduates from such institution who are admitted to and in attendance at, not later than 

two years after graduation with an associate’s degree or a 

baccalaureate degree, a baccalaureate degree-granting institution or a graduate or professional school in a degree program 

in disciplines in which Black American students are underrepresented, bears to the percentage of such graduates for all 

such institutions. 

‘‘(4) MINIMUM ALLOTMENT.— 

‘‘(A) IN GENERAL.—Notwithstanding paragraphs (1), (2), 

and (3), the amount allotted to each Predominantly Black 

Institution under this section may not be less than 

$250,000. 

‘‘(B) INSUFFICIENT AMOUNT.—If the amounts appropriated to carry out this section for a fiscal year are not 

sufficient to pay the minimum allotment provided under 

Applicability. 


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subparagraph (A) for the fiscal year, then the amount 

of such minimum allotment shall be ratably reduced. If 

additional sums become available for such fiscal year, such 

reduced allotment shall be increased on the same basis 

as the allotment was reduced until the amount allotted 

equals the minimum allotment required under subparagraph (A). 

‘‘(5) REALLOTMENT.—The amount of a Predominantly Black 

Institution’s allotment under paragraph (1), (2), (3), or (4) for 

any fiscal year that the Secretary determines will not be needed 

for such institution for the period for which such allotment 

is available, shall be available for reallotment to other Predominantly Black Institutions in proportion to the original allotments to such other institutions under this section for such 

fiscal year. The Secretary shall reallot such amounts from 

time to time, on such date and during such period as the 

Secretary determines appropriate. 

‘‘(f) APPLICATIONS.—Each Predominantly Black Institution 

desiring a grant under this section shall submit an application 

to the Secretary at such time, in such manner, and containing 

or accompanied by such information as the Secretary may reasonably require. 

‘‘(g) APPLICATION REVIEW PROCESS.—Section 393 shall not apply 

to applications under this section. 

‘‘(h) DURATION AND CARRYOVER.—Any grant funds paid to a 

Predominantly Black Institution under this section that are not 

expended or used for the purposes for which the funds were paid 

within ten years following the date on which the grant was awarded, 

shall be repaid to the Treasury. 

‘‘(i) SPECIAL RULE ON ELIGIBILITY.—No Predominantly Black 

Institution that receives funds under this section shall concurrently 

receive funds under any other provision of this part, part B, or 

part A of title V.’’. 

(b) CONFORMING AMENDMENT.—Section 312(d) (20 U.S.C. 

1058(d)) is amended by striking ‘‘For the purpose’’ and inserting 

‘‘Except as provided in section 318(b), for the purpose’’. 

SEC. 306. NATIVE AMERICAN-SERVING, NONTRIBAL INSTITUTIONS. 

Part A of title III (20 U.S.C. 1057 et seq.) is amended by 

adding after section 318 (as added by section 305 of this Act) 

the following: 

‘‘SEC. 319. NATIVE AMERICAN-SERVING, NONTRIBAL INSTITUTIONS. 

‘‘(a) PROGRAM AUTHORIZED.—The Secretary shall provide grants 

and related assistance to Native American-serving, nontribal 

institutions to enable such institutions to improve and expand 

their capacity to serve Native Americans and low-income individuals. 

‘‘(b) DEFINITIONS.—In this section: 

‘‘(1) NATIVE AMERICAN.—The term ‘Native American’ means 

an individual who is of a tribe, people, or culture that is 

indigenous to the United States. 

‘‘(2) NATIVE AMERICAN-SERVING, NONTRIBAL INSTITUTION.— 

The term ‘Native American-serving, nontribal institution’ 

means an institution of higher education, as defined in section 

101(a), that, at the time of application— 

‘‘(A) is an eligible institution under section 312(b); 

Grants. 

20 USC 1059f. 


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‘‘(B) has an enrollment of undergraduate students that 

is not less than 10 percent Native American students; 

and 

‘‘(C) is not a Tribal College or University (as defined 

in section 316). 

‘‘(c) AUTHORIZED ACTIVITIES.— ‘‘(1) TYPES OF ACTIVITIES AUTHORIZED.—Grants awarded 

under this section shall be used by Native American-serving, 

nontribal institutions to assist such institutions to plan, 

develop, undertake, and carry out activities to improve and 

expand such institutions’ capacity to serve Native Americans 

and low-income individuals. 

‘‘(2) EXAMPLES OF AUTHORIZED ACTIVITIES.—Such programs 

may include— 

‘‘(A) the purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes; 

‘‘(B) renovation and improvement in classroom, library, 

laboratory, and other instructional facilities; 

‘‘(C) support of faculty exchanges, and faculty development and faculty fellowships to assist faculty in attaining 

advanced degrees in the faculty’s field of instruction; 

‘‘(D) curriculum development and academic instruction; 

‘‘(E) the purchase of library books, periodicals, microfilm, and other educational materials; 

‘‘(F) funds and administrative management, and 

acquisition of equipment for use in strengthening funds 

management; 

‘‘(G) the joint use of facilities such as laboratories and 

libraries; 

‘‘(H) academic tutoring and counseling programs and 

student support services; and 

‘‘(I) education or counseling services designed to 

improve the financial and economic literacy of students 

or the students’ families. 

‘‘(d) APPLICATION PROCESS.— 

‘‘(1) INSTITUTIONAL ELIGIBILITY.—A Native Americanserving, nontribal institution desiring to receive assistance 

under this section shall submit to the Secretary such enrollment 

data as may be necessary to demonstrate that the institution 

is a Native American-serving, nontribal institution, along with 

such other information and data as the Secretary may reasonably require. 

‘‘(2) APPLICATIONS.— 

‘‘(A) AUTHORITY TO SUBMIT APPLICATIONS.—Any institution that is determined by the Secretary to be a Native 

American-serving, nontribal institution may submit an 

application for assistance under this section to the Secretary. 

‘‘(B) SIMPLIFIED AND STREAMLINED FORMAT.—The Secretary shall, to the extent possible, continue to prescribe 

a simplified and streamlined format for applications under 

this section that takes into account the limited number 

of institutions that are eligible for assistance under this 

section. 

‘‘(C) CONTENT.—An application submitted under 

subparagraph (A) shall include— 


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‘‘(i) a five-year plan for improving the assistance 

provided by the Native American-serving, nontribal 

institution to Native Americans and low-income 

individuals; and 

‘‘(ii) such other information and assurances as the 

Secretary may reasonably require. 

‘‘(3) SPECIAL RULES.— ‘‘(A) ELIGIBILITY.—No Native American-serving, nontribal institution that receives funds under this section 

shall concurrently receive funds under any other provision 

of this part, part B, or part A of title V. 

‘‘(B) EXEMPTION.—Section 313(d) shall not apply to 

institutions that are eligible to receive funds under this 

section. 

‘‘(C) DISTRIBUTION.—In awarding grants under this section, the Secretary shall, to the extent possible and consistent with the competitive process under which such 

grants are awarded, ensure maximum and equitable distribution among all eligible institutions. 

‘‘(D) MINIMUM GRANT AMOUNT.—The minimum amount 

of a grant under this section shall be $200,000.’’. 

SEC. 307. ASSISTANCE TO ASIAN AMERICAN AND NATIVE AMERICAN 

PACIFIC ISLANDER-SERVING INSTITUTIONS. 

Part A of title III (20 U.S.C. 1057 et seq.) is amended by 

adding after section 319 (as added by section 306 of this Act) 

the following: 

‘‘SEC. 320. ASIAN AMERICAN AND NATIVE AMERICAN PACIFIC 

ISLANDER-SERVING INSTITUTIONS. 

‘‘(a) PROGRAM AUTHORIZED.—The Secretary shall provide grants 

and related assistance to Asian American and Native American 

Pacific Islander-serving institutions to enable such institutions to 

improve and expand their capacity to serve Asian Americans and 

Native American Pacific Islanders and low-income individuals. 

‘‘(b) DEFINITIONS.—In this section: 

‘‘(1) ASIAN AMERICAN.—The term ‘Asian American’ has the 

meaning given the term ‘Asian’ in the Office of Management 

and Budget’s Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity as published on 

October 30, 1997 (62 Fed. Reg. 58789). 

‘‘(2) ASIAN AMERICAN AND NATIVE AMERICAN PACIFIC

ISLANDER-SERVING INSTITUTION.—The term ‘Asian American 

and Native American Pacific Islander-serving institution’ means 

an institution of higher education that— 

‘‘(A) is an eligible institution under section 312(b); and 

‘‘(B) at the time of application, has an enrollment of 

undergraduate students that is not less than 10 percent 

students who are Asian American or Native American 

Pacific Islander. 

‘‘(3) NATIVE AMERICAN PACIFIC ISLANDER.—The term ‘Native 

American Pacific Islander’ means any descendant of the 

aboriginal people of any island in the Pacific Ocean that is 

a territory or possession of the United States. 

‘‘(c) AUTHORIZED ACTIVITIES.— 

‘‘(1) TYPES OF ACTIVITIES AUTHORIZED.—Grants awarded 

under this section shall be used by Asian American and Native 

American Pacific Islander-serving institutions to assist such 

Grants. 

20 USC 1059g. 


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institutions to plan, develop, undertake, and carry out activities 

to improve and expand such institutions’ capacity to serve 

Asian Americans and Native American Pacific Islanders and 

low-income individuals. 

‘‘(2) EXAMPLES OF AUTHORIZED ACTIVITIES.—Such programs 

may include— 

‘‘(A) purchase, rental, or lease of scientific or laboratory 

equipment for educational purposes, including instructional 

and research purposes; 

‘‘(B) renovation and improvement in classroom, library, 

laboratory, and other instructional facilities; 

‘‘(C) support of faculty exchanges, and faculty development and faculty fellowships to assist in attaining advanced 

degrees in the faculty’s field of instruction; 

‘‘(D) curriculum development and academic instruction; 

‘‘(E) purchase of library books, periodicals, microfilm, 

and other educational materials; 

‘‘(F) funds and administrative management, and 

acquisition of equipment for use in strengthening funds 

management; 

‘‘(G) joint use of facilities such as laboratories and 

libraries; 

‘‘(H) academic tutoring and counseling programs and 

student support services; 

‘‘(I) establishing community outreach programs that 

will encourage elementary school and secondary school students to develop the academic skills and the interest to 

pursue postsecondary education; 

‘‘(J) establishing or improving an endowment fund; 

‘‘(K) academic instruction in disciplines in which Asian 

Americans and Native American Pacific Islanders are 

underrepresented; 

‘‘(L) conducting research and data collection for Asian 

American and Native American Pacific Islander populations and subpopulations; 

‘‘(M) establishing partnerships with community-based 

organizations serving Asian Americans and Native American Pacific Islanders; and 

‘‘(N) education or counseling services designed to 

improve the financial and economic literacy of students 

or the students’ families. 

‘‘(d) APPLICATION PROCESS.— 

‘‘(1) INSTITUTIONAL ELIGIBILITY.—Each Asian American and 

Native American Pacific Islander-serving institution desiring 

to receive assistance under this section shall submit to the 

Secretary such enrollment data as may be necessary to demonstrate that the institution is an Asian American and Native 

American Pacific Islander-serving institution as defined in subsection (b), along with such other information and data as 

the Secretary may reasonably require. 

‘‘(2) APPLICATIONS.—Any institution that is determined by 

the Secretary to be an Asian American and Native American 

Pacific Islander-serving institution may submit an application 

for assistance under this section to the Secretary. Such application shall include— 

‘‘(A) a five-year plan for improving the assistance provided by the Asian American and Native American Pacific 


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Islander-serving institution to Asian American and Native 

American Pacific Islander students and low-income individuals; and 

‘‘(B) such other information and assurances as the 

Secretary may reasonably require. 

‘‘(3) SPECIAL RULES.— ‘‘(A) ELIGIBILITY.—No Asian American and Native 

American Pacific Islander-serving institution that receives 

funds under this section shall concurrently receive funds 

under any other provision of this part, part B, or title 

V. 

‘‘(B) EXEMPTION.—Section 313(d) shall not apply to 

institutions that are eligible to receive funds under this 

section. 

‘‘(C) DISTRIBUTION.—In awarding grants under this section, the Secretary shall— 

‘‘(i) to the extent possible and consistent with the 

competitive process under which such grants are 

awarded, ensure maximum and equitable distribution 

among all eligible institutions; and 

‘‘(ii) give priority consideration to institutions for 

which not less than 10 percent of such institution’s 

Asian American and Native American Pacific Islander 

students are low-income individuals.’’. 

SEC. 308. PART B DEFINITIONS. 

Section 322(4) (20 U.S.C. 1061(4)) is amended by inserting 

‘‘, in consultation with the Commissioner for Education Statistics’’ 

before ‘‘and the Commissioner’’. 

SEC. 309. GRANTS TO INSTITUTIONS. 

Section 323(a) (20 U.S.C. 1062(a)) is amended— 

(1) in the matter preceding paragraph (1), by striking 

‘‘360(a)(2)’’ and inserting ‘‘399(a)(2)’’; 

(2) by redesignating paragraph (12) as paragraphs (15); 

and 

(3) by inserting after paragraph (11) the following: 

‘‘(12) Acquisition of real property in connection with the 

construction, renovation, or addition to or improvement of campus facilities. 

‘‘(13) Education or financial information designed to 

improve the financial literacy and economic literacy of students 

or the students’ families, especially with regard to student 

indebtedness and student assistance programs under title IV. 

‘‘(14) Services necessary for the implementation of projects 

or activities that are described in the grant application and 

that are approved, in advance, by the Secretary, except that 

not more than two percent of the grant amount may be used 

for this purpose.’’. 

SEC. 310. ALLOTMENTS. 

(a) MINIMUM ALLOTMENT.—Subsection (d) of section 324 (20 

U.S.C. 1063(d)) is amended to read as follows: 

‘‘(d) MINIMUM ALLOTMENT.—Notwithstanding subsections (a) 

through (c), and subject to subsection (h), if the amount of an 

award under this section for a part B institution, based on the 

data provided by the part B institution and the formula under 

subsections (a) through (c), would be— 


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‘‘(1) an amount that is greater than $250,000 but less than $500,000, the Secretary shall award the part B institution 

an allotment in the amount of $500,000; and 

‘‘(2) an amount that is equal to or less than $250,000, 

the Secretary shall award the part B institution an allotment 

in the amount of $250,000.’’. 

(b) CONDITIONS FOR ALLOTMENTS.—Section 324 (20 U.S.C. 1063) 

is further amended by adding at the end the following new subsection: 

‘‘(h) CONDITIONS FOR ALLOTMENTS.— ‘‘(1) STUDENT REQUIREMENTS FOR ALLOTMENT.—Notwithstanding any other provision of this section, a part B institution 

that would otherwise be eligible for funds under this part 

shall not receive an allotment under this part for a fiscal 

year, including the minimum allotment under subsection (d), 

if the part B institution, in the academic year preceding such 

fiscal year— 

‘‘(A) did not have any enrolled students who were 

Pell Grant recipients; 

‘‘(B) did not graduate any students; or 

‘‘(C) where appropriate, did not have any students 

who, within 5 years of graduation from the part B institution, were admitted to and in attendance at a graduate 

or professional school in a degree program in disciplines 

in which Blacks are underrepresented. 

‘‘(2) DATA REQUIREMENTS FOR ALLOTMENTS.—Notwithstanding any other provision of this section, a part B institution 

shall not receive an allotment under this part for a fiscal 

year, including the minimum allotment under subsection (d), 

unless the institution provides the Secretary with the data 

required by the Secretary and for purposes of the formula 

described in subsections (a) through (c), including— 

‘‘(A) the number of Pell Grant recipients enrolled in 

the part B institution in the academic year preceding such 

fiscal year; 

‘‘(B) the number of students who earned an associate 

or baccalaureate degree from the part B institution in 

the academic year preceding such fiscal year; and 

‘‘(C) where appropriate, the percentage of students 

who, within 5 years of graduation from the part B institution, were admitted to and in attendance at a graduate 

or professional school in a degree program in disciplines 

in which Blacks are underrepresented in the academic 

year preceding such fiscal year.’’. 

SEC. 311. PROFESSIONAL OR GRADUATE INSTITUTIONS. 

(a) DURATION OF GRANT.—Section 326(b) (20 U.S.C. 1063b(b)) 

is amended by adding at the end the following: ‘‘Any funds awarded 

for such five-year grant period that are obligated during such fiveyear period may be expended during the 10-year period beginning 

on the first day of such five-year period.’’. 

(b) AUTHORIZED ACTIVITIES.—Section 326(c) (20 U.S.C. 1063b(c)) 

is amended— 

(1) in paragraph (5), by striking ‘‘establish or improve’’ 

and inserting ‘‘establishing or improving’’; 

(2) in paragraph (6)— 

(A) by striking ‘‘assist’’ and inserting ‘‘assisting’’; and 


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(B) by striking ‘‘and’’ after the semicolon; 

(3) by striking the period at the end of paragraph (7) 

and inserting a semicolon; and 

(4) by adding at the end the following: 

‘‘(8) acquisition of real property that is adjacent to the 

campus in connection with the construction, renovation, or addition to or improvement of campus facilities; 

‘‘(9) education or financial information designed to improve 

the financial literacy and economic literacy of students or the 

students’ families, especially with regard to student indebtedness and student assistance programs under title IV; 

‘‘(10) services necessary for the implementation of projects 

or activities that are described in the grant application and 

that are approved, in advance, by the Secretary, except that 

not more than two percent of the grant amount may be used 

for this purpose; 

‘‘(11) tutoring, counseling, and student service programs 

designed to improve academic success; and 

‘‘(12) other activities proposed in the application submitted 

under subsection (d) that— 

‘‘(A) contribute to carrying out the purposes of this 

part; and 

‘‘(B) are approved by the Secretary as part of the 

review and acceptance of such application.’’. 

(c) ELIGIBILITY.— 

(1) IN GENERAL.—Section 326(e)(1) (20 U.S.C. 1063b(e)(1)) 

is amended— 

(A) in the matter preceding subparagraph (A), by 

inserting a colon after ‘‘the following’’; 

(B) in subparagraph (Q), by striking ‘‘and’’ at the end; 

(C) in subparagraph (R), by striking the period at 

the end and inserting a semicolon; and 

(D) by adding at the end the following: 

‘‘(S) Alabama State University qualified graduate programs; 

‘‘(T) Prairie View A&M University qualified graduate 

programs; 

‘‘(U) Delaware State University qualified graduate programs; 

‘‘(V) Langston University qualified graduate programs; 

‘‘(W) Bowie State University qualified graduate programs; and 

‘‘(X) University of the District of Columbia David A. 

Clarke School of Law.’’. 

(2) CONFORMING AMENDMENT.—Section 326(e)(3) (20 U.S.C. 

1063b(e)(3)) is amended— 

(A) by striking ‘‘1998’’ and inserting ‘‘2008’’; and 

(B) by striking ‘‘(Q) and (R)’’ and inserting ‘‘(S) through 

(X)’’. 

(3) ADDITIONAL ELIGIBILITY CHANGES.—Section 326(e)(2)(A) 

(20 U.S.C. 1063b(e)(2)(A)) is amended— 

(A) by inserting ‘‘in law or’’ after ‘‘instruction’’; and 

(B) by striking ‘‘mathematics, or’’ and inserting ‘‘mathematics, psychometrics, or’’. 

(4) ONE GRANT PER INSTITUTION.—Section 326(e)(4) (20 

U.S.C. 1063b(e)(4)) is amended by striking ‘‘or university 

system’’. 


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(d) FUNDING RULE.—Section 326(f) (20 U.S.C. 1063b(f)) is 

amended— 

(1) in paragraph (1)— (A) by striking ‘‘$26,600,000’’ and inserting 

‘‘$56,900,000’’; and 

(B) by striking ‘‘(P)’’ and inserting ‘‘(R)’’; 

(2) in paragraph (2)— 

(A) by striking ‘‘$26,600,000, but not in excess of 

$28,600,000’’ and inserting ‘‘$56,900,000, but not in excess 

of $62,900,000’’; and 

(B) by striking ‘‘subparagraphs (Q) and (R)’’ and 

inserting ‘‘subparagraphs (S) through (X)’’; and 

(3) in the matter preceding subparagraph (A) of paragraph 

(3)— 

(A) by striking ‘‘$28,600,000’’ and inserting 

‘‘$62,900,000’’; and 

(B) by striking ‘‘(R)’’ and inserting ‘‘(X)’’. 

(e) HOLD HARMLESS RULE.—Section 326(g) (20 U.S.C. 1063(g)) 

is amended by striking ‘‘1998’’ each place it appears and inserting 

‘‘2008’’. 

(f) INTERACTION WITH OTHER GRANT PROGRAMS.—Section 326 

(as amended by this section) (20 U.S.C. 1063) is further amended 

by adding at the end the following: 

‘‘(h) INTERACTION WITH OTHER GRANT PROGRAMS.—No institution that is eligible for and receives an award under section 512, 

723, or 724 for a fiscal year shall be eligible to apply for a grant, 

or receive grant funds, under this section for the same fiscal year.’’. 

SEC. 312. UNEXPENDED FUNDS. 

Section 327(b) (20 U.S.C. 1063c(b)) is amended to read as 

follows: 

‘‘(b) USE OF UNEXPENDED FUNDS.—Any funds paid to an institution and not expended or used for the purposes for which the 

funds were paid during the five-year period following the date 

of the initial grant award, may be carried over and expended 

during the succeeding five-year period, if such funds were obligated 

for a purpose for which the funds were paid during the five-year 

period following the date of the initial grant award.’’. 

SEC. 313. ENDOWMENT CHALLENGE GRANTS. 

(a) AMOUNTS.—Section 331(b) (20 U.S.C. 1065(b)) is amended— 

(1) in paragraph (2)(B)(i), by striking ‘‘$500,000’’ and 

inserting ‘‘$1,000,000’’; and 

(2) in paragraph (5), by striking ‘‘$50,000’’ and inserting 

‘‘$100,000’’. 

(b) TECHNICAL ASSISTANCE.—Section 331 (20 U.S.C. 1065) is 

further amended by adding at the end the following: 

‘‘(i) TECHNICAL ASSISTANCE.—The Secretary, directly or by 

grant or contract, may provide technical assistance to eligible 

institutions to prepare the institutions to qualify, apply for, and 

maintain a grant, under this section.’’. 

SEC. 314. HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL 

FINANCING. 

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

(1) in paragraph (5)(G), by striking ‘‘by a nationally recognized accrediting agency or association’’ and inserting ‘‘by an 

20 USC 1063b. 

20 USC 1063b. 


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accrediting agency or association recognized by the Secretary 

under subpart 2 of part H of title IV’’; and 

(2) in paragraph (8), by inserting ‘‘capital project’’ after 

‘‘issuing taxable’’. 

(b) FEDERAL INSURANCE FOR BONDS.—Section 343(b) (20 U.S.C. 

1066b(b)) is amended— 

(1) in paragraph (8)(B)(ii)— 

(A) by striking ‘‘10’’ and inserting ‘‘5’’; and 

(B) by inserting ‘‘within 120 days’’ after ‘‘loan proceeds’’; 

(2) in paragraph (10), by striking ‘‘and’’ after the semicolon; 

(3) in paragraph (11), by striking the period at the end 

and inserting ‘‘; and’’; and 

(4) by adding at the end the following: 

‘‘(12) limit loan collateralization, with respect to any loan 

made under this part, to 100 percent of the loan amount, 

except as otherwise required by the Secretary.’’. 

(c) LIMITATIONS ON FEDERAL INSURANCE FOR BONDS ISSUED

BY THE DESIGNATED BONDING AUTHORITY.—Section 344(a) (20 

U.S.C. 1066c(a)) is amended— 

(1) in the matter preceding paragraph (1), by striking 

‘‘$375,000,000’’ and inserting ‘‘$1,100,000,000’’; 

(2) in paragraph (1), by striking ‘‘$250,000,000’’ and 

inserting ‘‘$733,333,333’’; and 

(3) in paragraph (2), by striking ‘‘$125,000,000’’ and 

inserting ‘‘$366,666,667’’. 

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

1066d) is amended— 

(1) in paragraph (1), by striking ‘‘enactment of the Higher 

Education Amendments of 1992,’’ and inserting ‘‘the date of 

enactment of the Higher Education Opportunity Act,’’; 

(2) by redesignating paragraphs (2) through (7) as paragraphs (4) through (9), respectively; 

(3) by inserting after paragraph (1) the following: 

‘‘(2) shall ensure that— 

‘‘(A) the selection process for the designated bonding 

authority is conducted on a competitive basis; and 

‘‘(B) the evaluation and selection process is transparent; 

‘‘(3) shall— 

‘‘(A) review the performance of the designated bonding 

authority after the third year of the insurance agreement; 

and 

‘‘(B) following the review described in subparagraph 

(A), implement a revised competitive selection process, if 

determined necessary by the Secretary in consultation with 

the Advisory Board established pursuant to section 347;’’; 

(4) in paragraph (8) (as redesignated by paragraph (2)), 

by striking ‘‘and’’ after the semicolon; 

(5) in paragraph (9) (as redesignated by paragraph (2)), 

by striking the period at the end and inserting ‘‘; and’’; and 

(6) by adding at the end the following: 

‘‘(10) not later than 120 days after the date of enactment 

of the Higher Education Opportunity Act, shall submit to the 

authorizing committees a report on the progress of the Department in implementing the recommendations made by the 

Government Accountability Office in October 2006 for 

Deadline. 

Reports. 


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122 STAT. 3182 PUBLIC LAW 110–315—AUG. 14, 2008 

improving the Historically Black College and Universities Capital Financing Program.’’. 

(e) HBCU CAPITAL FINANCING ADVISORY BOARD.—Section 347 

(20 U.S.C. 1066f) is amended— 

(1) in subsection (b)(1)— 

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

members’’; 

(B) in subparagraph (C), by striking ‘‘Two’’ and 

inserting ‘‘Three’’; and 

(C) by adding at the end the following: 

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

Fund, or the designee of the president.’’; and 

(2) by adding at the end the following: 

‘‘(c) ADDITIONAL RECOMMENDATIONS FROM ADVISORY BOARD.— ‘‘(1) IN GENERAL.—In addition to the responsibilities of 

the Advisory Board described in subsection (a), the Advisory 

Board shall advise the Secretary and the authorizing committees regarding— 

‘‘(A) the fiscal status and strategic financial condition 

of not less than ten historically Black colleges and universities that have— 

‘‘(i) obtained construction financing through the 

program under this part and seek additional financing 

or refinancing under such program; or 

‘‘(ii) applied for construction financing through the 

program under this part but have not received 

financing under such program; and 

‘‘(B) the feasibility of reducing borrowing costs associated with the program under this part, including reducing 

interest rates. 

‘‘(2) REPORT.—Not later than six months after the date 

of enactment of the Higher Education Opportunity Act, the 

Advisory Board shall prepare and submit a report to the authorizing committees regarding the historically Black colleges and 

universities described in paragraph (1)(A) that includes 

administrative and legislative recommendations for addressing 

the issues related to construction financing facing such historically Black colleges and universities.’’. 

SEC. 315. PROGRAMS IN STEM FIELDS. 

(a) YES PARTNERSHIPS; ENTRY INTO STEM FIELDS.—Part E 

of title III (20 U.S.C. 1067 et seq.) is amended— 

(1) by redesignating subpart 2 as subpart 3; and 

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

‘‘Subpart 2—Programs in STEM Fields 

‘‘SEC. 355. YES PARTNERSHIPS GRANT PROGRAM. 

‘‘(a) GRANT PROGRAM AUTHORIZED.—Subject to the availability 

of appropriations to carry out this subpart, the Secretary shall 

make grants to eligible partnerships (as described in subsection 

(f)) to support the engagement of underrepresented minority youth 

and youth who are low-income individuals (as such term is defined 

in section 302) in science, technology, engineering, and mathematics 

through outreach and hands-on, experiential-based learning projects 

that encourage students in kindergarten through grade 12 who 

are underrepresented minority youth or low-income individuals to 

20 USC 1067e. 


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pursue careers in science, technology, engineering, and mathematics. 

‘‘(b) MINIMUM GRANT AMOUNT.—A grant awarded to a partnership under this subpart shall be for an amount that is not less 

than $500,000. 

‘‘(c) DURATION.—A grant awarded under this subpart shall be 

for a period of five years. 

‘‘(d) NON-FEDERAL MATCHING SHARE REQUIRED.—A partnership 

receiving a grant under this subpart shall provide, from non-Federal 

sources, in cash or in-kind, an amount equal to 50 percent of 

the costs of the project supported by such grant. 

‘‘(e) DISTRIBUTION OF GRANTS.—In awarding grants under this 

subpart, the Secretary shall ensure that, to the maximum extent 

practicable, the projects funded under this subpart are located 

in diverse geographic regions of the United States. 

‘‘(f) ELIGIBLE PARTNERSHIPS.—Notwithstanding the general 

eligibility provision in section 361, eligibility to receive grants under 

this subpart is limited to partnerships described in paragraph (5) 

of such section. 

‘‘SEC. 356. PROMOTION OF ENTRY INTO STEM FIELDS. 

‘‘(a) AUTHORITY TO CONTRACT, SUBJECT TO APPROPRIATIONS.— 

The Secretary is authorized to enter into a contract with a firm 

with a demonstrated record of success in advertising to implement 

a campaign to expand the population of qualified individuals in 

science, technology, engineering, and mathematics fields (referred 

to in this section as ‘STEM fields’) by encouraging young Americans 

to enter such fields. 

‘‘(b) DESIGN OF CAMPAIGN.—The campaign under this section 

shall be designed to enhance the image of education and professions 

in the STEM fields and promote participation in the STEM fields, 

and may include— 

‘‘(1) monitoring trends in youths’ attitudes toward pursuing 

education and professions in the STEM fields and their propensity toward entering the STEM fields; 

‘‘(2) determining what factors contribute to encouraging 

and discouraging Americans from pursuing study in STEM 

fields and entering the STEM fields professionally; 

‘‘(3) determining what specific factors limit the participation 

of groups currently underrepresented in STEM fields, including 

Latinos, African-Americans, and women; and 

‘‘(4) drawing from the market research performed under 

this section and implementing an advertising campaign to 

encourage young Americans to take up studies in STEM fields, 

beginning at an early age. 

‘‘(c) REQUIRED COMPONENTS.—The campaign under this section 

shall— 

‘‘(1) include components that focus tailored messages on 

appropriate age groups, starting with elementary school students; and 

‘‘(2) link participation in the STEM fields to the concept 

of service to one’s country, so that young people will be encouraged to enter the STEM fields in order fulfill the obligation 

to be of service to their country. 

‘‘(d) PRIORITY.—The campaign under this section shall hold 

as a high priority making specific appeals to Hispanic Americans, 

African Americans, Native Americans, students with disabilities, 

20 USC 1067e–1. 


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and women, who are currently underrepresented in the STEM 

fields, in order to increase their numbers in the STEM fields, 

and shall tailor recruitment efforts to each specific group. 

‘‘(e) USE OF VARIETY OF MEDIA.—The campaign under this 

section shall make use of a variety of media, with an emphasis 

on television advertising, to reach its intended audience. 

‘‘(f) TEACHING.—The campaign under this section shall include 

a narrowly focused effort to attract current professionals in the 

STEM fields, through advertising in mediums likely to reach that 

specific group, into teaching in a STEM field in elementary schools 

and secondary schools. 

‘‘SEC. 357. EVALUATION AND ACCOUNTABILITY PLAN. 

‘‘The Secretary shall develop an evaluation and accountability 

plan for projects funded under this subpart. Such plan shall include, 

if the Secretary determines that it is practical, an objective measure 

of the impact of such projects, such as a measure of whether 

underrepresented minority student enrollment in courses related 

to science, technology, engineering, and mathematics increases at 

the secondary and postsecondary levels.’’. 

(b) ELIGIBILITY FOR GRANTS.—Section 361 (20 U.S.C. 1067g) 

is amended— 

(1) by striking ‘‘or’’ at the end of paragraph (3)(B); 

(2) in paragraph (4)— 

(A) in subparagraph (A), by striking ‘‘institutions of 

higher education’’ and inserting ‘‘public and private nonprofit institutions of higher education’’; 

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

National Institutes of Health’’; 

(C) by striking subparagraph (D) and inserting the 

following: 

‘‘(D) relevant offices of the National Aeronautics and 

Space Administration, National Oceanic and Atmospheric 

Administration, National Science Foundation, and National 

Institute of Standards and Technology;’’; 

(D) by striking the period at the end of subparagraph 

(E) and inserting ‘‘; or’’; and 

(E) by adding at the end the following: 

‘‘(F) institutions of higher education that have Statesponsored centers for research in science, technology, 

engineering, and mathematics; or’’; and 

(3) by adding at the end the following: 

‘‘(5) only with respect to grants under subpart 2, partnerships of organizations, the membership of which shall include— 

‘‘(A) at least one institution of higher education eligible 

for assistance under this title or title V; 

‘‘(B) at least one high-need local educational agency 

(as defined in section 200); and 

‘‘(C) at least two community organizations or entities, 

such as businesses, professional associations, communitybased organizations, philanthropic organizations, or State 

agencies.’’. 

20 USC 1067e–2. 


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SEC. 316. INVESTING IN HISTORICALLY BLACK COLLEGES AND 

UNIVERSITIES AND OTHER MINORITY-SERVING INSTITUTIONS. 

(a) REDESIGNATION AND RELOCATION.—The Act (20 U.S.C. 1001 

et seq.) is further amended— 

(1) by redesignating part F of title III as part G of title 

III; 

(2) by redesignating part J of title IV (as added by section 

802 of the College Cost Reduction and Access Act) as part 

F of title III, and moving such part so that such part follows 

part E of title III; and 

(3) by redesignating section 499A (as added by section 

802 of such Act) as section 371. 

(b) CONFORMING AMENDMENTS.—Section 371 (as redesignated 

by subsection (a)(3)) is amended— 

(1) in subsection (b)(2)(C)(i), by striking ‘‘title III’’ each 

place the term appears and inserting ‘‘this title’’; and 

(2) in subsection (c)(9)(F), by striking ‘‘title III’’ and 

inserting ‘‘this title’’. 

(c) AVAILABILITY OF FUNDS.—Paragraph (1) of section 371(b) 

(as redesignated by subsection (a)(3)) is amended to read as follows: 

‘‘(1) IN GENERAL.— 

‘‘(A) PROVISION OF FUNDS.—There shall be available 

to the Secretary to carry out this section, from funds in 

the Treasury not otherwise appropriated, $255,000,000 for 

each of the fiscal years 2008 and 2009. The authority 

to award grants under this section shall expire at the 

end of fiscal year 2009. 

‘‘(B) AVAILABILITY.—Funds made available under 

subparagraph (A) for a fiscal year shall remain available 

for the next succeeding fiscal year.’’. 

SEC. 317. TECHNICAL ASSISTANCE. 

Section 391 (20 U.S.C. 1068) is amended by adding at the 

end the following: 

‘‘(e) TECHNICAL ASSISTANCE.—The Secretary, directly or by 

grant or contract, may provide technical assistance to eligible 

institutions to prepare the institutions to qualify, apply for, and 

maintain a grant, under this title.’’. 

SEC. 318. WAIVER AUTHORITY. 

Section 392 (20 U.S.C. 1068a) is amended by adding at the 

end the following: 

‘‘(c) WAIVER AUTHORITY WITH RESPECT TO INSTITUTIONS

LOCATED IN AN AREA AFFECTED BY A GULF HURRICANE DISASTER.— 

‘‘(1) WAIVER AUTHORITY.—Notwithstanding any other provision of law, unless enacted with specific reference to this section, for any affected institution that was receiving assistance 

under this title at the time of a Gulf hurricane disaster, the 

Secretary shall, for each of the fiscal years 2009 through 2011 

(and may, for each of the fiscal years 2012 and 2013)— 

‘‘(A) waive— 

‘‘(i) the eligibility data requirements set forth in 

section 391(d); 

‘‘(ii) the wait-out period set forth in section 313(d); 

‘‘(iii) the allotment requirements under section 324; 

and 

Expiration date. 

20 USC 1067q. 

20 USC 1099e. 

20 USC 1066 

et seq. 


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‘‘(iv) the use of the funding formula developed 

pursuant to section 326(f)(3); 

‘‘(B) waive or modify any statutory or regulatory provision to ensure that affected institutions that were receiving 

assistance under this title at the time of a Gulf hurricane 

disaster are not adversely affected by any formula calculation for fiscal year 2009 or for any of the four succeeding 

fiscal years, as necessary; and 

‘‘(C) make available to each affected institution an 

amount that is not less than the amount made available 

to such institution under this title for fiscal year 2006, 

except that for any fiscal year for which the funds appropriated for payments under this title are less than the 

appropriated level for fiscal year 2006, the amount made 

available to such institutions shall be ratably reduced 

among the institutions receiving funds under this title. 

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

‘‘(A) AFFECTED INSTITUTION.—The term ‘affected 

institution’ means an institution of higher education that— 

‘‘(i) is— 

‘‘(I) a part A institution (which term shall 

have the meaning given the term ‘eligible institution’ under section 312(b)); or 

‘‘(II) a part B institution, as such term is 

defined in section 322(2), or as identified in section 

326(e); 

‘‘(ii) is located in an area affected by a Gulf hurricane disaster; and 

‘‘(iii) is able to demonstrate that, as a result of 

the impact of a Gulf hurricane disaster, the institution— 

‘‘(I) incurred physical damage; 

‘‘(II) has pursued collateral source compensation from insurance, the Federal Emergency 

Management Agency, and the Small Business 

Administration, as appropriate; and 

‘‘(III) was not able to fully reopen in existing 

facilities or to fully reopen to the pre-hurricane 

enrollment levels during the 30-day period beginning on August 29, 2005. 

‘‘(B) AREA AFFECTED BY A GULF HURRICANE DISASTER; 

GULF HURRICANE DISASTER.—The terms ‘area affected by 

a Gulf hurricane disaster’ and ‘Gulf hurricane disaster’ 

have the meanings given such terms in section 209 of 

the Higher Education Hurricane Relief Act of 2005 (Public 

Law 109–148, 119 Stat. 2809).’’. 

SEC. 319. AUTHORIZATION OF APPROPRIATIONS. 

Section 399(a) (20 U.S.C. 1068h(a)) is amended to read as 

follows: 

‘‘(a) AUTHORIZATIONS.— ‘‘(1) PART A.—(A) There are authorized to be appropriated 

to carry out part A (other than sections 316 through 320), 

$135,000,000 for fiscal year 2009, and such sums as may be 

necessary for each of the five succeeding fiscal years. 

‘‘(B) There are authorized to be appropriated to carry out 

section 316, $30,000,000 for fiscal year 2009, and such sums 


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as may be necessary for each of the five succeeding fiscal 

years. 

‘‘(C) There are authorized to be appropriated to carry out section 317, $15,000,000 for fiscal year 2009, and such sums 

as may be necessary for each of the five succeeding fiscal 

years. 

‘‘(D) There are authorized to be appropriated to carry out 

section 318, $75,000,000 for fiscal year 2009 and each of the 

five succeeding fiscal years. 

‘‘(E) There are authorized to be appropriated to carry out 

section 319, $25,000,000 for fiscal year 2009, and such sums 

as may be necessary for each of the five succeeding fiscal 

years. 

‘‘(F) There are authorized to be appropriated to carry out 

section 320, $30,000,000 for fiscal year 2009, and such sums 

as may be necessary for each of the five succeeding fiscal 

years. 

‘‘(2) PART B.—(A) There are authorized to be appropriated 

to carry out part B (other than section 326), $375,000,000 

for fiscal year 2009, and such sums as may be necessary for 

each of the five succeeding fiscal years. 

‘‘(B) There are authorized to be appropriated to carry out 

section 326, $125,000,000 for fiscal year 2009, and such sums 

as may be necessary for each of the five succeeding fiscal 

years. 

‘‘(3) PART C.—There are authorized to be appropriated to 

carry out part C, $10,000,000 for fiscal year 2009, and such 

sums as may be necessary for each of the five succeeding 

fiscal years. 

‘‘(4) PART D.—(A) There are authorized to be appropriated 

to carry out part D (other than section 345(9), but including 

section 347), $185,000 for fiscal year 2009, and such sums 

as may be necessary for each of the five succeeding fiscal 

years. 

‘‘(B) There are authorized to be appropriated to carry out 

section 345(9) such sums as may be necessary for fiscal year 

2009 and each of the five succeeding fiscal years. 

‘‘(5) PART E.—(A) There are authorized to be appropriated 

to carry out subpart 1 of part E, $12,000,000 for fiscal year 

2009, and such sums as may be necessary for each of the 

five succeeding fiscal years. 

‘‘(B) There are authorized to be appropriated to carry out 

subpart 2 of part E, such sums as may be necessary for fiscal 

year 2009 and each of the five succeeding fiscal years.’’. 

SEC. 320. TECHNICAL CORRECTIONS. 

Title III (20 U.S.C. 1051 et seq.) is further amended— 

(1) in section 342(5) (20 U.S.C. 1066a(5))— 

(A) in the matter preceding subparagraph (A), by 

inserting a comma after ‘‘344(b)’’; and 

(B) in subparagraph (C), by striking ‘‘equipment technology,,’’ and inserting ‘‘equipment, technology,’’; 

(2) in section 343(e) (20 U.S.C. 1066b(e)), by inserting ‘‘SALE

OF QUALIFIED BONDS.—’’ before ‘‘Notwithstanding’’; 

(3) in the matter preceding clause (i) of section 365(9)(A) 

(20 U.S.C. 1067k(9)(A)), by striking ‘‘support’’ and inserting 

‘‘supports’’; 


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(4) in section 391(b)(7)(E) (20 U.S.C. 1068(b)(7)(E)), by 

striking ‘‘subparagraph (E)’’ and inserting ‘‘subparagraph (D)’’; 

(5) in the matter preceding subparagraph (A) of section 

392(b)(2) (20 U.S.C. 1068a(b)(2)), by striking ‘‘eligible institutions under part A institutions’’ and inserting ‘‘eligible institutions under part A’’; and 

(6) in the matter preceding paragraph (1) of section 396 

(20 U.S.C. 1068e), by striking ‘‘360’’ and inserting ‘‘399’’. 

TITLE IV—STUDENT ASSISTANCE 

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

SEC. 401. FEDERAL PELL GRANTS. 

(a) AUTHORIZED MAXIMUMS.— (1) AMENDMENTS.—Section 401(b) (20 U.S.C. 1070a(b)) is 

amended— 

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

‘‘(2)(A) The amount of the Federal Pell Grant for a student 

eligible under this part shall be— ‘‘(i) $6,000 for academic year 2009–2010; 

‘‘(ii) $6,400 for academic year 2010–2011; 

‘‘(iii) $6,800 for academic year 2011–2012; 

‘‘(iv) $7,200 for academic year 2012–2013; 

‘‘(v) $7,600 for academic year 2013–2014; and 

‘‘(vi) $8,000 for academic year 2014–2015, 

less an amount equal to the amount determined to be the expected 

family contribution with respect to that student for that year.’’; 

(B) by designating the paragraphs following paragraph 

(2), in the order in which such paragraphs appear, as 

paragraphs (3) through (8); 

(C) in paragraph (4) (as designated by subparagraph (B)), by striking ‘‘$400, except’’ and all that follows through 

the period and inserting ‘‘ten percent of the maximum 

basic grant level specified in the appropriate appropriation 

Act for such academic year, except that a student who 

is eligible for a Federal Pell Grant in an amount that 

is equal to or greater than five percent of such level but 

less than ten percent of such level shall be awarded a 

Federal Pell grant in the amount of ten percent of such 

level.’’; 

(D) by striking paragraph (5) (as designated by 

subparagraph (B)) and inserting the following: 

‘‘(5)(A) The Secretary shall award a student not more than 

two Federal Pell Grants during a single award year to permit 

such student to accelerate the student’s progress toward a 

degree or certificate if the student is enrolled— 

‘‘(i) on at least a half-time basis for a period of more 

than one academic year, or more than two semesters or 

an equivalent period of time, during a single award year; 

and 

‘‘(ii) in a program of instruction at an institution of 

higher education for which the institution awards an associate or baccalaureate degree or a certificate. 


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‘‘(B) In the case of a student receiving more than one 

Federal Pell Grant in a single award year under subparagraph 

(A), the total amount of Federal Pell Grants awarded to such 

student for the award year may exceed the maximum basic 

grant level specified in the appropriate appropriations Act for 

such award year.’’; 

(E) in paragraph (7) (as designated by subparagraph 

(B)), by inserting before the period the following: ‘‘or who 

is subject to an involuntary civil commitment upon completion of a period of incarceration for a forcible or nonforcible 

sexual offense (as determined in accordance with the Federal Bureau of Investigation’s Uniform Crime Reporting 

Program)’’; and 

(F) in paragraph (8) (as designated by subparagraph 

(B))— 

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

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

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

to alter the requirements and operations of the Federal 

Pell Grant Program as authorized under this section, or 

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

Grants under this section.’’; and 

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

‘‘(F) AVAILABILITY OF FUNDS.—The amounts made 

available by subparagraph (A) for any fiscal year shall 

be available beginning on October 1 of that fiscal year, 

and shall remain available through September 30 of the 

succeeding fiscal year.’’. 

(2) EFFECTIVE DATE.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), the amendments made by paragraph (1) shall take 

effect on July 1, 2009. 

(B) SPECIAL RULE.—The amendments made by 

subparagraph (F) of paragraph (1) shall take effect on 

the date of enactment of this Act. 

(b) MAXIMUM DURATION OF ELIGIBILITY.—Section 401(c) (20 

U.S.C. 1070a(c)) is amended by adding at the end the following 

new paragraph: 

‘‘(5) The period during which a student may receive Federal 

Pell Grants shall not exceed 18 semesters, or the equivalent of 

18 semesters, as determined by the Secretary by regulation. Such 

regulations shall provide, with respect to a student who received 

a Federal Pell Grant for a term but was enrolled at a fraction 

of full-time, that only that same fraction of such semester or equivalent shall count towards such duration limits. The provisions of 

this paragraph shall apply only to a student who receives a Federal 

Pell Grant for the first time on or after July 1, 2008.’’. 

(c) CALCULATION OF FEDERAL PELL GRANT ELIGIBILITY.— 

(1) AMENDMENT.—Section 401(f) (20 U.S.C. 1070a(f)) is 

amended by adding at the end the following new paragraph: 

‘‘(4)(A) Notwithstanding paragraph (1) or any other provision 

of this section, the expected family contribution of each student 

described in subparagraph (B) shall be deemed to be zero for the 

Applicability. 

Regulations. 

20 USC 1070a 

note. 

Time period. 


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period during which each such student is eligible to receive a 

Federal Pell Grant under subsection (c). 

‘‘(B) Subparagraph (A) shall apply to any student at an institution of higher education— 

‘‘(i) whose parent or guardian was a member of the Armed 

Forces of the United States who died as a result of performing 

military service in Iraq or Afghanistan after September 11, 

2001; and 

‘‘(ii) who was less than 24 years of age, or was enrolled 

as a full-time or part-time student at an institution of higher 

education, as of the time of the parent or guardian’s death. 

‘‘(C) Notwithstanding any other provision of law, the Secretary 

of Veterans Affairs and the Secretary of Defense, as appropriate, 

shall provide the Secretary of Education with information necessary 

to determine which students meet the requirements of subparagraph (B).’’. 

(2) EFFECTIVE DATE.—The amendment made by paragraph 

(1) shall take effect on July 1, 2009. 

SEC. 402. ACADEMIC COMPETITIVENESS GRANTS. 

(a) AMENDMENTS.— 

(1) IN GENERAL.—Section 401A (as amended by Public Law 

110–227) (20 U.S.C. 1070a–1) is amended— 

(A) in subsection (c)(3)— 

(i) in subparagraph (A), by striking clause (i) and 

inserting the following: 

‘‘(i)(I) successfully completes, after January 1, 

2006, but before July 1, 2009, a rigorous secondary 

school program of study established by a State or local 

educational agency and recognized as such by the Secretary; or 

‘‘(II) successfully completes, on or after July 1, 

2009, a rigorous secondary school program of study 

that prepares students for college— 

‘‘(aa)(AA) that is recognized as such by the 

official designated for such recognition consistent 

with State law; and 

‘‘(BB) about which the designated official has 

reported to the Secretary, at such time as the 

Secretary may reasonably require, in order to 

assist financial aid administrators to determine 

that the student is an eligible student under this 

section; or 

‘‘(bb) that is recognized as such by the Secretary in regulations promulgated to carry out this 

section, as such regulations were in effect on May 

6, 2008; and’’; and 

(ii) in subparagraph (B), by striking clause (i) and 

inserting the following: 

‘‘(i)(I) successfully completes, after January 1, 

2005, but before July 1, 2009, a rigorous secondary 

school program of study established by a State or local 

educational agency and recognized as such by the Secretary; or 

‘‘(II) successfully completes, on or after July 1, 

2009, a rigorous secondary school program of study 

that prepares students for college— 

20 USC 1070a 

note. 

Applicability. 


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‘‘(aa)(AA) that is recognized as such by the 

official designated for such recognition consistent 

with State law; and 

‘‘(BB) about which the designated official has 

reported to the Secretary, at such time as the 

Secretary may reasonably require, in order to 

assist financial aid administrators to determine 

that the student is an eligible student under this 

section; or 

‘‘(bb) that is recognized as such by the Secretary in regulations promulgated to carry out this 

section, as such regulations were in effect on May 

6, 2008; and’’; and 

(B) by amending subsection (e)(2) to read as follows: 

‘‘(2) AVAILABILITY OF FUNDS.—The amounts made available 

by paragraph (1) for any fiscal year shall be available from 

October 1 of that fiscal year and remain available through 

September 30 of the succeeding fiscal year.’’. 

(2) EFFECTIVE DATE.—The amendment made by paragraph 

(1)(B) shall take effect on October 1, 2008. 

(3) EFFECTIVE DATE AMENDMENT.—Section 10(b) of the 

Ensuring Continued Access to Student Loans Act of 2008 is 

amended by striking ‘‘January 1’’ and inserting ‘‘July 1’’. 

(b) WAIVER OF MASTER CALENDAR AND NEGOTIATED RULEMAKING REQUIREMENTS.—Sections 482 and 492 of the Higher Education Act of 1965 (20 U.S.C. 1089, 1098a) shall not apply to 

the amendments made by subsection (a), or to any regulations 

promulgated under those amendments. 

(c) RELATED AMENDMENT TO THE ENSURING CONTINUED ACCESS

TO STUDENT LOANS ACT OF 2008.— 

(1) AMENDMENT.—Section 11 of the Ensuring Continued 

Access to Student Loans Act of 2008 is amended by striking 

‘‘sections 2 through 9 of’’. 

(2) EFFECTIVE DATE.—The amendment made by paragraph 

(1) shall take effect as if enacted as part of the Ensuring 

Continued Access to Student Loans Act of 2008. 

SEC. 403. FEDERAL TRIO PROGRAMS. 

(a) PROGRAM AUTHORITY; AUTHORIZATION OF APPROPRIATIONS.—Section 402A (20 U.S.C. 1070a–11) is amended— 

(1) in subsection (b)— 

(A) in paragraph (1)— 

(i) by inserting ‘‘including community-based 

organizations with experience in serving disadvantaged 

youth’’ after ‘‘private agencies and organizations’’; and 

(ii) by striking ‘‘in exceptional circumstances’’ and 

inserting ‘‘, as appropriate to the purposes of the program’’; 

(B) in paragraph (2)— 

(i) in the matter preceding subparagraph (A), by 

striking ‘‘4’’ and inserting ‘‘5’’; and 

(ii) by amending subparagraph (A) to read as follows: 

‘‘(A) in order to synchronize the awarding of grants 

for programs under this chapter, the Secretary may, under 

such terms as are consistent with the purposes of this 

20 USC 1089 

note. 

20 USC 1089 

note. 

20 USC 1089 

note. 

20 USC 

1070a–1 note. 

20 USC 

1070a–1 note. 

Regulations. 


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chapter, provide a one-time, limited extension of the length 

of such an award;’’; and 

(C) by striking paragraph (3) and inserting the following: 

‘‘(3) MINIMUM GRANTS.—Unless the institution or agency 

requests a smaller amount, an individual grant authorized 

under this chapter shall be awarded in an amount that is 

not less than $200,000, except that an individual grant authorized under section 402G shall be awarded in an amount that 

is not less than $170,000.’’; 

(2) in subsection (c)— 

(A) in paragraph (2)— 

(i) by striking ‘‘(2) PRIOR EXPERIENCE.—In’’ and 

inserting the following: 

‘‘(2) CONSIDERATIONS.— ‘‘(A) PRIOR EXPERIENCE.—In’’; 

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

‘‘high quality service delivery, as determined under 

subsection (f),’’; and 

(iii) by adding at the end the following new 

subparagraph: 

‘‘(B) PARTICIPANT NEED.—In making grants under this 

chapter, the Secretary shall consider the number, percentages, and needs of eligible participants in the area, institution of higher education, or secondary school to be served 

to aid such participants in preparing for, enrolling in, or 

succeeding in postsecondary education, as appropriate to 

the particular program for which the eligible entity is 

applying.’’; 

(B) in paragraph (3)(B), by striking ‘‘is not required 

to’’ and inserting ‘‘shall not’’; 

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

inserting ‘‘different campuses’’; 

(D) in paragraph (6), by adding at the end the following 

new sentence: ‘‘The Secretary shall, as appropriate, require 

each applicant for funds under the programs authorized 

by this chapter to identify and make available services 

under such program, including mentoring, tutoring, and 

other services provided by such program, to foster care 

youth (including youth in foster care and youth who have 

left foster care after reaching age 13) or to homeless children and youths as defined in section 725 of the McKinneyVento Homeless Assistance Act.’’; and 

(E) by adding at the end the following: 

‘‘(8) REVIEW AND NOTIFICATION BY THE SECRETARY.— 

‘‘(A) GUIDANCE.—Not later than 180 days after the 

date of enactment of the Higher Education Opportunity 

Act, the Secretary shall issue nonregulatory guidance 

regarding the rights and responsibilities of applicants with 

respect to the application and evaluation process for programs and projects assisted under this chapter, including 

applicant access to peer review comments. The guidance 

shall describe the procedures for the submission, processing, and scoring of applications for grants under this 

chapter, including— 

‘‘(i) the responsibility of applicants to submit materials in a timely manner and in accordance with the 

Deadline. 


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processes established by the Secretary under the 

authority of the General Education Provisions Act; 

‘‘(ii) steps the Secretary will take to ensure that 

the materials submitted by applicants are processed 

in a proper and timely manner; 

‘‘(iii) steps the Secretary will take to ensure that 

prior experience points for high quality service delivery 

are awarded in an accurate and transparent manner; 

‘‘(iv) steps the Secretary will take to ensure the 

quality and integrity of the peer review process, 

including assurances that peer reviewers will consider 

applications for grants under this chapter in a thorough 

and complete manner consistent with applicable Federal law; and 

‘‘(v) steps the Secretary will take to ensure that 

the final score of an application, including prior experience points for high quality service delivery and points 

awarded through the peer review process, is determined in an accurate and transparent manner. 

‘‘(B) UPDATED GUIDANCE.—Not later than 45 days 

before the date of the commencement of each competition 

for a grant under this chapter that is held after the expiration of the 180-day period described in subparagraph (A), 

the Secretary shall update and publish the guidance 

described in such subparagraph. 

‘‘(C) REVIEW.— 

‘‘(i) IN GENERAL.—With respect to any competition 

for a grant under this chapter, an applicant may 

request a review by the Secretary if the applicant— 

‘‘(I) has evidence of a specific technical, 

administrative, or scoring error made by the 

Department, an agent of the Department, or a 

peer reviewer, with respect to the scoring or processing of a submitted application; and 

‘‘(II) has otherwise met all of the requirements 

for submission of the application. 

‘‘(ii) TECHNICAL OR ADMINISTRATIVE ERROR.—In the 

case of evidence of a technical or administrative error 

listed in clause (i)(I), the Secretary shall review such 

evidence and provide a timely response to the 

applicant. If the Secretary determines that a technical 

or administrative error was made by the Department 

or an agent of the Department, the application of the 

applicant shall be reconsidered in the peer review 

process for the applicable grant competition. 

‘‘(iii) SCORING ERROR.—In the case of evidence of 

a scoring error listed in clause (i)(I), when the error 

relates to either prior experience points for high quality 

service delivery or to the final score of an application, 

the Secretary shall— 

‘‘(I) review such evidence and provide a timely 

response to the applicant; and 

‘‘(II) if the Secretary determines that a scoring 

error was made by the Department or a peer 

reviewer, adjust the prior experience points or final 

score of the application appropriately and quickly, 

Deadline. 

Publication. 


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so as not to interfere with the timely awarding 

of grants for the applicable grant competition. 

‘‘(iv) ERROR IN PEER REVIEW PROCESS.— 

‘‘(I) REFERRAL TO SECONDARY REVIEW.—In the 

case of a peer review process error listed in clause 

(i)(I), if the Secretary determines that points were 

withheld for criteria not required in Federal 

statute, regulation, or guidance governing a program assisted under this chapter or the application 

for a grant for such program, or determines that 

information pertaining to selection criteria was 

wrongly determined missing from an application 

by a peer reviewer, then the Secretary shall refer 

the application to a secondary review panel. 

‘‘(II) TIMELY REVIEW; REPLACEMENT SCORE.— The secondary review panel described in subclause 

(I) shall conduct a secondary review in a timely 

fashion, and the score resulting from the secondary 

review shall replace the score from the initial peer 

review. 

‘‘(III) COMPOSITION OF SECONDARY REVIEW

PANEL.—The secondary review panel shall be composed of reviewers each of whom— 

‘‘(aa) did not review the application in the 

original peer review; 

‘‘(bb) is a member of the cohort of peer 

reviewers for the grant program that is the 

subject of such secondary review; and 

‘‘(cc) to extent practicable, has conducted 

peer reviews in not less than two previous 

competitions for the grant program that is 

the subject of such secondary review. 

‘‘(IV) FINAL SCORE.—The final peer review 

score of an application subject to a secondary 

review under this clause shall be adjusted appropriately and quickly using the score awarded by 

the secondary review panel, so as not to interfere 

with the timely awarding of grants for the 

applicable grant competition. 

‘‘(V) QUALIFICATION FOR SECONDARY REVIEW.— 

To qualify for a secondary review under this clause, 

an applicant shall have evidence of a scoring error 

and demonstrate that— 

‘‘(aa) points were withheld for criteria not 

required in statute, regulation, or guidance 

governing the Federal TRIO programs or the 

application for a grant for such programs; or 

‘‘(bb) information pertaining to selection 

criteria was wrongly determined to be missing 

from the application. 

‘‘(v) FINALITY.— ‘‘(I) IN GENERAL.—A determination by the Secretary under clause (i), (ii), or (iii) shall not be 

reviewable by any officer or employee of the 

Department. 

‘‘(II) SCORING.—The score awarded by a secondary review panel under clause (iv) shall not 

Panel. 


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be reviewable by any officer or employee of the 

Department other than the Secretary. 

‘‘(vi) FUNDING OF APPLICATIONS WITH CERTAIN

ADJUSTED SCORES.—To the extent feasible based on 

the availability of appropriations, the Secretary shall 

fund applications with scores that are adjusted upward 

under clauses (ii), (iii), and (iv) to equal or exceed 

the minimum cut off score for the applicable grant 

competition.’’; 

(3) in subsection (e)— 

(A) by striking ‘‘(g)(2)’’ each place it appears and 

inserting ‘‘(h)(4)’’; and 

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

‘‘(3) Notwithstanding this subsection and subsection (h)(4), 

individuals who are foster care youth (including youth in foster 

care and youth who have left foster care after reaching age 13), 

or homeless children and youths as defined in section 725 of the 

McKinney-Vento Homeless Assistance Act, shall be eligible to 

participate in programs under sections 402B, 402C, 402D, and 

402F.’’; 

(4) by redesignating subsections (f) and (g) as subsections 

(g) and (h), respectively; 

(5) by inserting after subsection (e) the following: 

‘‘(f) OUTCOME CRITERIA.— 

‘‘(1) USE FOR PRIOR EXPERIENCE DETERMINATION.—For competitions for grants under this chapter that begin on or after 

January 1, 2009, the Secretary shall determine an eligible 

entity’s prior experience of high quality service delivery, as 

required under subsection (c)(2), based on the outcome criteria 

described in paragraphs (2) and (3). 

‘‘(2) DISAGGREGATION OF RELEVANT DATA.—The outcome 

criteria under this subsection shall be disaggregated by lowincome students, first generation college students, and individuals with disabilities, in the schools and institutions of higher 

education served by the program to be evaluated. 

‘‘(3) CONTENTS OF OUTCOME CRITERIA.—The outcome criteria under this subsection shall measure, annually and for 

longer periods, the quality and effectiveness of programs 

authorized under this chapter and shall include the following: 

‘‘(A) For programs authorized under section 402B, the 

extent to which the eligible entity met or exceeded the 

entity’s objectives established in the entity’s application 

for such program regarding— 

‘‘(i) the delivery of service to a total number of 

students served by the program; 

‘‘(ii) the continued secondary school enrollment of 

such students; 

‘‘(iii) the graduation of such students from secondary school with a regular secondary school diploma 

in the standard number of years; 

‘‘(iv) the completion by such students of a rigorous 

secondary school program of study that will make such 

students eligible for programs such as the Academic 

Competitiveness Grants Program; 

‘‘(v) the enrollment of such students in an institution of higher education; and 


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‘‘(vi) to the extent practicable, the postsecondary 

education completion of such students. 

‘‘(B) For programs authorized under section 402C, the 

extent to which the eligible entity met or exceeded the 

entity’s objectives for such program regarding— 

‘‘(i) the delivery of service to a total number of 

students served by the program, as agreed upon by 

the entity and the Secretary for the period; 

‘‘(ii) such students’ school performance, as measured by the grade point average, or its equivalent; 

‘‘(iii) such students’ academic performance, as 

measured by standardized tests, including tests 

required by the students’ State; 

‘‘(iv) the retention in, and graduation from, secondary school of such students; 

‘‘(v) the completion by such students of a rigorous 

secondary school program of study that will make such 

students eligible for programs such as the Academic 

Competitiveness Grants Program; 

‘‘(vi) the enrollment of such students in an institution of higher education; and 

‘‘(vii) to the extent practicable, the postsecondary 

education completion of such students. 

‘‘(C) For programs authorized under section 402D— 

‘‘(i) the extent to which the eligible entity met 

or exceeded the entity’s objectives regarding the retention in postsecondary education of the students served 

by the program; 

‘‘(ii)(I) in the case of an entity that is an institution 

of higher education offering a baccalaureate degree, 

the extent to which the entity met or exceeded the 

entity’s objectives regarding the percentage of such 

students’ completion of the degree programs in which 

such students were enrolled; or 

‘‘(II) in the case of an entity that is an institution 

of higher education that does not offer a baccalaureate 

degree, the extent to which such students met or 

exceeded the entity’s objectives regarding— 

‘‘(aa) the completion of a degree or certificate 

by such students; and 

‘‘(bb) the transfer of such students to institutions of higher education that offer baccalaureate 

degrees; 

‘‘(iii) the extent to which the entity met or exceeded 

the entity’s objectives regarding the delivery of service 

to a total number of students, as agreed upon by the 

entity and the Secretary for the period; and 

‘‘(iv) the extent to which the entity met or exceeded 

the entity’s objectives regarding the students served 

under the program who remain in good academic 

standing. 

‘‘(D) For programs authorized under section 402E, the 

extent to which the entity met or exceeded the entity’s 

objectives for such program regarding— 

‘‘(i) the delivery of service to a total number of 

students served by the program, as agreed upon by 

the entity and the Secretary for the period; 


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‘‘(ii) the provision of appropriate scholarly and 

research activities for the students served by the program; 

‘‘(iii) the acceptance and enrollment of such students in graduate programs; and 

‘‘(iv) the continued enrollment of such students 

in graduate study and the attainment of doctoral 

degrees by former program participants. 

‘‘(E) For programs authorized under section 402F, the 

extent to which the entity met or exceeded the entity’s 

objectives for such program regarding— 

‘‘(i) the enrollment of students without a secondary 

school diploma or its recognized equivalent, who were 

served by the program, in programs leading to such 

diploma or equivalent; 

‘‘(ii) the enrollment of secondary school graduates 

who were served by the program in programs of postsecondary education; 

‘‘(iii) the delivery of service to a total number of 

students served by the program, as agreed upon by 

the entity and the Secretary for the period; and 

‘‘(iv) the provision of assistance to students served 

by the program in completing financial aid applications 

and college admission applications. 

‘‘(4) MEASUREMENT OF PROGRESS.—In order to determine 

the extent to which each outcome criterion described in paragraph (2) or (3) is met or exceeded, the Secretary shall compare 

the agreed upon target for the criterion, as established in 

the eligible entity’s application approved by the Secretary, with 

the results for the criterion, measured as of the last day of 

the applicable time period for the determination for the outcome 

criterion.’’; 

(6) in subsection (g) (as redesignated by paragraph (4))— 

(A) in the first sentence, by striking ‘‘$700,000,000 

for fiscal year 1999’’ and all that follows through the period 

and inserting ‘‘$900,000,000 for fiscal year 2009 and such 

sums as may be necessary for each of the five succeeding 

fiscal years.’’; and 

(B) by striking the fourth sentence; and 

(7) in subsection (h) (as redesignated by paragraph (4))— 

(A) by redesignating paragraphs (1) through (4) as 

paragraphs (3) through (6), respectively; 

(B) by inserting before paragraph (3) (as redesignated 

by subparagraph (A)) the following: 

‘‘(1) DIFFERENT CAMPUS.—The term ‘different campus’ 

means a site of an institution of higher education that— 

‘‘(A) is geographically apart from the main campus 

of the institution; 

‘‘(B) is permanent in nature; and 

‘‘(C) offers courses in educational programs leading 

to a degree, certificate, or other recognized educational 

credential. 

‘‘(2) DIFFERENT POPULATION.—The term ‘different population’ means a group of individuals that an eligible entity 

desires to serve through an application for a grant under this 

chapter, and that— 


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‘‘(A) is separate and distinct from any other population 

that the entity has applied for a grant under this chapter 

to serve; or 

‘‘(B) while sharing some of the same needs as another 

population that the eligible entity has applied for a grant 

under this chapter to serve, has distinct needs for specialized services.’’; 

(C) in paragraph (5) (as redesignated by subparagraph 

(A))— 

(i) in subparagraph (A)— 

(I) by striking ‘‘, any part of which occurred 

after January 31, 1955,’’; and 

(II) by striking ‘‘or’’ after the semicolon; 

(ii) in subparagraph (B)— 

(I) by striking ‘‘after January 31, 1955,’’; and 

(II) by striking the period at the end and 

inserting a semicolon; and 

(iii) by adding at the end the following: 

‘‘(C) was a member of a reserve component of the 

Armed Forces called to active duty for a period of more 

than 30 days; or 

‘‘(D) was a member of a reserve component of the 

Armed Forces who served on active duty in support of 

a contingency operation (as that term is defined in section 

101(a)(13) of title 10, United States Code) on or after September 11, 2001.’’; and 

(D) in paragraph (6) (as redesignated by subparagraph 

(A)), by striking ‘‘subparagraph (A) or (B) of paragraph 

(3)’’ and inserting ‘‘subparagraph (A), (B), or (C) of paragraph (5)’’. 

(b) TALENT SEARCH.—Section 402B (20 U.S.C. 1070a–12) is 

amended— 

(1) in subsection (a)— 

(A) in paragraph (2), by inserting ‘‘, and facilitate the 

application for,’’ after ‘‘the availability of’’; and 

(B) in paragraph (3), by striking ‘‘, but who have the 

ability to complete such programs, to reenter’’ and inserting 

‘‘to enter or reenter, and complete’’; 

(2) by redesignating subsection (c) as subsection (d); 

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

‘‘(b) REQUIRED SERVICES.—Any project assisted under this section shall provide— 

‘‘(1) connections to high quality academic tutoring services, 

to enable students to complete secondary or postsecondary 

courses; 

‘‘(2) advice and assistance in secondary course selection 

and, if applicable, initial postsecondary course selection; 

‘‘(3) assistance in preparing for college entrance examinations and completing college admission applications; 

‘‘(4)(A) information on the full range of Federal student 

financial aid programs and benefits (including Federal Pell 

Grant awards and loan forgiveness) and resources for locating 

public and private scholarships; and 

‘‘(B) assistance in completing financial aid applications, 

including the Free Application for Federal Student Aid 

described in section 483(a); 

‘‘(5) guidance on and assistance in— 


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‘‘(A) secondary school reentry; 

‘‘(B) alternative education programs for secondary 

school dropouts that lead to the receipt of a regular secondary school diploma; 

‘‘(C) entry into general educational development (GED) 

programs; or 

‘‘(D) postsecondary education; and 

‘‘(6) connections to education or counseling services 

designed to improve the financial literacy and economic literacy 

of students or the students’ parents, including financial planning for postsecondary education. 

‘‘(c) PERMISSIBLE SERVICES.—Any project assisted under this 

section may provide services such as— 

‘‘(1) academic tutoring, which may include instruction in 

reading, writing, study skills, mathematics, science, and other 

subjects; 

‘‘(2) personal and career counseling or activities; 

‘‘(3) information and activities designed to acquaint youth 

with the range of career options available to the youth; 

‘‘(4) exposure to the campuses of institutions of higher 

education, as well as cultural events, academic programs, and 

other sites or activities not usually available to disadvantaged 

youth; 

‘‘(5) workshops and counseling for families of students 

served; 

‘‘(6) mentoring programs involving elementary or secondary 

school teachers or counselors, faculty members at institutions 

of higher education, students, or any combination of such persons; and 

‘‘(7) programs and activities as described in subsection (b) 

or paragraphs (1) through (6) of this subsection that are specially designed for students who are limited English proficient, 

students from groups that are traditionally underrepresented 

in postsecondary education, students with disabilities, students 

who are homeless children and youths (as such term is defined 

in section 725 of the McKinney-Vento Homeless Assistance 

Act (42 U.S.C. 11434a)), students who are in foster care or 

are aging out of the foster care system, or other disconnected 

students.’’; and 

(4) in the matter preceding paragraph (1) of subsection 

(d) (as redesignated by paragraph (2)), by striking ‘‘talent search 

projects under this chapter’’ and inserting ‘‘projects under this 

section’’. 

(c) UPWARD BOUND.—Section 402C (20 U.S.C. 1070a–13) is 

amended— 

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

‘‘(b) REQUIRED SERVICES.—Any project assisted under this section shall provide— 

‘‘(1) academic tutoring to enable students to complete secondary or postsecondary courses, which may include instruction 

in reading, writing, study skills, mathematics, science, and 

other subjects; 

‘‘(2) advice and assistance in secondary and postsecondary 

course selection; 

‘‘(3) assistance in preparing for college entrance examinations and completing college admission applications; 


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‘‘(4)(A) information on the full range of Federal student 

financial aid programs and benefits (including Federal Pell 

Grant awards and loan forgiveness) and resources for locating 

public and private scholarships; and 

‘‘(B) assistance in completing financial aid applications, 

including the Free Application for Federal Student Aid 

described in section 483(a); 

‘‘(5) guidance on and assistance in— 

‘‘(A) secondary school reentry; 

‘‘(B) alternative education programs for secondary 

school dropouts that lead to the receipt of a regular secondary school diploma; 

‘‘(C) entry into general educational development (GED) 

programs; or 

‘‘(D) postsecondary education; and 

‘‘(6) education or counseling services designed to improve 

the financial literacy and economic literacy of students or the 

students’ parents, including financial planning for postsecondary education.’’; 

(2) in subsection (c)— 

(A) in the subsection heading, by striking ‘‘REQUIRED

SERVICES’’ and inserting ‘‘ADDITIONAL REQUIRED SERVICES

FOR MULTIPLE-YEAR GRANT RECIPIENTS’’; and 

(B) by striking ‘‘upward bound project assisted under 

this chapter’’ and inserting ‘‘project assisted under this 

section’’; 

(3) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; 

(4) by inserting after subsection (c) the following: 

‘‘(d) PERMISSIBLE SERVICES.—Any project assisted under this 

section may provide such services as— 

‘‘(1) exposure to cultural events, academic programs, and 

other activities not usually available to disadvantaged youth; 

‘‘(2) information, activities, and instruction designed to 

acquaint youth participating in the project with the range of 

career options available to the youth; 

‘‘(3) on-campus residential programs; 

‘‘(4) mentoring programs involving elementary school or 

secondary school teachers or counselors, faculty members at 

institutions of higher education, students, or any combination 

of such persons; 

‘‘(5) work-study positions where youth participating in the 

project are exposed to careers requiring a postsecondary degree; 

‘‘(6) special services, including mathematics and science 

preparation, to enable veterans to make the transition to postsecondary education; and 

‘‘(7) programs and activities as described in subsection (b), 

subsection (c), or paragraphs (1) through (6) of this subsection 

that are specially designed for students who are limited English 

proficient, students from groups that are traditionally underrepresented in postsecondary education, students with disabilities, 

students who are homeless children and youths (as such term 

is defined in section 725 of the McKinney-Vento Homeless 

Assistance Act (42 U.S.C. 11434a)), students who are in foster 

care or are aging out of the foster care system, or other disconnected students.’’; 

(5) in subsection (e) (as redesignated by paragraph (3))— 


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(A) in the matter preceding paragraph (1), by striking 

‘‘upward bound projects under this chapter’’ and inserting 

‘‘projects under this section’’; 

(B) in paragraph (2), by striking ‘‘either low-income’’ 

and all that follows through the semicolon and inserting 

‘‘low-income individuals, first generation college students, 

or students who have a high risk for academic failure;’’; 

(C) in paragraph (3), by striking ‘‘and’’ after the semicolon; 

(D) in paragraph (4), by striking the period at the 

end and inserting ‘‘; and’’; and 

(E) by adding at the end the following: 

‘‘(5) require an assurance that no student will be denied 

participation in a project assisted under this section because 

the student will enter the project after the 9th grade.’’; 

(6) in subsection (f) (as redesignated by paragraph (3))— 

(A) by striking ‘‘during June, July, and August’’ each 

place the term occurs and inserting ‘‘during the summer 

school recess, for a period not to exceed three months’’; 

and 

(B) by striking ‘‘(b)(10)’’ and inserting ‘‘(d)(5)’’; and 

(7) by adding at the end the following: 

‘‘(h) ABSOLUTE PRIORITY PROHIBITED IN UPWARD BOUND 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 

the Upward Bound Program published by the Department of Education in the Federal Register on September 22, 2006 (71 Fed. 

Reg. 55447 et seq.). This subsection shall not be applied retroactively. In implementing this subsection, the Department shall 

allow the programs and participants chosen in the grant cycle 

to which the priority applies to continue their grants and participation without a further recompetition. The entities shall not be 

required to apply the absolute priority conditions or restrictions 

to future participants.’’. 

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

1070a–14) is amended— 

(1) in subsection (a)— 

(A) in paragraph (2), by striking ‘‘and’’ after the semicolon; and 

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

‘‘(3) to foster an institutional climate supportive of the 

success of students who are limited English proficient, students 

from groups that are traditionally underrepresented in postsecondary education, students with disabilities, students who are 

homeless children and youths (as such term is defined in section 

725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 

11434a)), students who are in foster care or are aging out 

of the foster care system, or other disconnected students; and 

‘‘(4) to improve the financial literacy and economic literacy 

of students, including— 

‘‘(A) basic personal income, household money management, and financial planning skills; and 

‘‘(B) basic economic decisionmaking skills.’’; 

(2) by redesignating subsections (c) and (d) as subsections 

(d) and (e); 


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

‘‘(b) REQUIRED SERVICES.—A project assisted under this section 

shall provide— 

‘‘(1) academic tutoring, directly or through other services 

provided by the institution, to enable students to complete 

postsecondary courses, which may include instruction in 

reading, writing, study skills, mathematics, science, and other 

subjects; 

‘‘(2) advice and assistance in postsecondary course selection; 

‘‘(3)(A) information on both the full range of Federal student 

financial aid programs and benefits (including Federal Pell 

Grant awards and loan forgiveness) and resources for locating 

public and private scholarships; and 

‘‘(B) assistance in completing financial aid applications, 

including the Free Application for Federal Student Aid 

described in section 483(a); 

‘‘(4) education or counseling services designed to improve 

the financial literacy and economic literacy of students, 

including financial planning for postsecondary education; 

‘‘(5) activities designed to assist students participating in 

the project in applying for admission to, and obtaining financial 

assistance for enrollment in, graduate and professional programs; and 

‘‘(6) activities designed to assist students enrolled in twoyear institutions of higher education in applying for admission 

to, and obtaining financial assistance for enrollment in, a fouryear program of postsecondary education. 

‘‘(c) PERMISSIBLE SERVICES.—A project assisted under this section may provide services such as— 

‘‘(1) individualized counseling for personal, career, and academic matters provided by assigned counselors; 

‘‘(2) information, activities, and instruction designed to 

acquaint students participating in the project with the range 

of career options available to the students; 

‘‘(3) exposure to cultural events and academic programs 

not usually available to disadvantaged students; 

‘‘(4) mentoring programs involving faculty or upper class 

students, or a combination thereof; 

‘‘(5) securing temporary housing during breaks in the academic year for— 

‘‘(A) students who are homeless children and youths 

(as such term is defined in section 725 of the McKinneyVento Homeless Assistance Act (42 U.S.C. 11434a)) or were 

formerly homeless children and youths; and 

‘‘(B) students who are in foster care or are aging out 

of the foster care system; and 

‘‘(6) programs and activities as described in subsection (b) 

or paragraphs (1) through (4) of this subsection that are specially designed for students who are limited English proficient, 

students from groups that are traditionally underrepresented 

in postsecondary education, students with disabilities, students 

who are homeless children and youths (as such term is defined 

in section 725 of the McKinney-Vento Homeless Assistance 

Act (42 U.S.C. 11434a)), students who are in foster care or 

are aging out of the foster care system, or other disconnected 

students.’’; 


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(4) in subsection (d)(1) (as redesignated by paragraph (2)), 

by striking ‘‘subsection (b)’’ and inserting ‘‘subsection (c)’’; and 

(5) in the matter preceding paragraph (1) of subsection 

(e) (as redesignated by paragraph (2)), by striking ‘‘student 

support services projects under this chapter’’ and inserting 

‘‘projects under this section’’. 

(e) POSTBACCALAUREATE ACHIEVEMENT PROGRAM AUTHORITY.— Section 402E (20 U.S.C. 1070a–15) is amended— 

(1) in subsection (b)— 

(A) in the subsection heading, by inserting ‘‘REQUIRED’’ 

before ‘‘SERVICES’’; 

(B) in the matter preceding paragraph (1), by striking 

‘‘A postbaccalaureate achievement project assisted under 

this section may provide services such as—’’ and inserting 

‘‘A project assisted under this section shall provide—’’; 

(C) in paragraph (5), by inserting ‘‘and’’ after the semicolon; 

(D) in paragraph (6), by striking the semicolon and 

inserting a period; and 

(E) by striking paragraphs (7) and (8); 

(2) by redesignating subsections (c) through (f) as subsections (d) through (g), respectively; 

(3) by inserting after subsection (b) the following: 

‘‘(c) PERMISSIBLE SERVICES.—A project assisted under this section may provide services such as— 

‘‘(1) education or counseling services designed to improve 

the financial literacy and economic literacy of students, 

including financial planning for postsecondary education; 

‘‘(2) mentoring programs involving faculty members at 

institutions of higher education, students, or any combination 

of such persons; and 

‘‘(3) exposure to cultural events and academic programs 

not usually available to disadvantaged students.’’; 

(4) in subsection (d) (as redesignated by paragraph (2))— 

(A) in the matter preceding paragraph (1), by striking 

‘‘postbaccalaureate achievement’’; and 

(B) in paragraph (2), by inserting after ‘‘graduate education’’ the following: ‘‘, including— 

‘‘(A) Alaska Natives, as defined in section 7306 of the 

Elementary and Secondary Education Act of 1965; 

‘‘(B) Native Hawaiians, as defined in section 7207 of 

such Act; and 

‘‘(C) Native American Pacific Islanders, as defined in 

section 320.’’; 

(5) in the matter preceding paragraph (1) of subsection 

(f) (as redesignated by paragraph (2)), by striking 

‘‘postbaccalaureate achievement project’’ and inserting ‘‘project 

under this section’’; and 

(6) in subsection (g) (as redesignated by paragraph (2))— 

(A) by striking ‘‘402A(f)’’ and inserting ‘‘402A(g)’’; and 

(B) by striking ‘‘1993 through 1997’’ and inserting 

‘‘2009 through 2014’’. 

(f) EDUCATIONAL OPPORTUNITY CENTERS.—Section 402F (20 

U.S.C. 1070a–16) is amended— 

(1) in subsection (a)— 

(A) in paragraph (1), by striking ‘‘and’’ after the semicolon; 


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

end and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(3) to improve the financial literacy and economic literacy 

of students, including— 

‘‘(A) basic personal income, household money management, and financial planning skills; and 

‘‘(B) basic economic decisionmaking skills.’’; and 

(2) in subsection (b)— 

(A) by redesignating paragraphs (5) through (10) as 

paragraphs (6) through (11), respectively; 

(B) by inserting after paragraph (4) the following: 

‘‘(5) education or counseling services designed to improve 

the financial literacy and economic literacy of students;’’; 

(C) by striking paragraph (7) (as redesignated by 

subparagraph (A)) and inserting the following: 

‘‘(7) individualized personal, career, and academic counseling;’’; and 

(D) by striking paragraph (11) (as redesignated by 

subparagraph (A)) and inserting the following: 

‘‘(11) programs and activities as described in paragraphs 

(1) through (10) that are specially designed for students who 

are limited English proficient, students from groups that are 

traditionally underrepresented in postsecondary education, students with disabilities, students who are homeless children 

and youths (as such term is defined in section 725 of the 

McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a)), 

students who are in foster care or are aging out of the foster 

care system, or other disconnected students.’’. 

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

U.S.C. 1070a–17(b)) is amended by adding at the end the following 

new paragraph: 

‘‘(5) Strategies for recruiting and serving hard to reach 

populations, including students who are limited English proficient, students from groups that are traditionally underrepresented in postsecondary education, students with disabilities, 

students who are homeless children and youths (as such term 

is defined in section 725 of the McKinney-Vento Homeless 

Assistance Act (42 U.S.C. 11434a)), students who are in foster 

care or are aging out of the foster care system, or other disconnected students.’’. 

(h) REPORTS, EVALUATIONS, AND GRANTS FOR PROJECT IMPROVEMENT AND DISSEMINATION.—Section 402H (20 U.S.C. 1070a–18) 

is amended— 

(1) by striking the section heading and inserting ‘‘REPORTS, 

EVALUATIONS, AND GRANTS FOR PROJECT IMPROVEMENT AND

DISSEMINATION.’’; 

(2) by redesignating subsections (a) through (c) as subsections (b) through (d), respectively; 

(3) by inserting before subsection (b) (as redesignated by 

paragraph (2)) the following: 

‘‘(a) REPORTS TO THE AUTHORIZING COMMITTEES.— 

‘‘(1) IN GENERAL.—The Secretary shall submit annually, 

to the authorizing committees, a report that documents the 

performance of all programs funded under this chapter. Such 

report shall— 


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‘‘(A) be submitted not later than 12 months after the 

eligible entities receiving funds under this chapter are 

required to report their performance to the Secretary; 

‘‘(B) focus on the programs’ performance on the relevant outcome criteria determined under section 402A(f)(4); 

‘‘(C) aggregate individual project performance data on 

the outcome criteria in order to provide national performance data for each program; 

‘‘(D) include, when appropriate, descriptive data, multiyear data, and multi-cohort data; and 

‘‘(E) include comparable data on the performance 

nationally of low-income students, first-generation students, and students with disabilities. 

‘‘(2) INFORMATION.—The Secretary shall provide, with each 

report submitted under paragraph (1), information on the 

impact of the secondary review process described in section 

402A(c)(8)(C)(iv), including the number and type of secondary 

reviews, the disposition of the secondary reviews, the effect 

on timing of awards, and any other information the Secretary 

determines is necessary.’’; and 

(4) in subsection (b) (as redesignated by paragraph (2)), 

by striking paragraphs (1) and (2) and inserting the following: 

‘‘(1) IN GENERAL.— 

‘‘(A) AUTHORIZATION OF GRANTS AND CONTRACTS.—For 

the purpose of improving the effectiveness of the programs 

and projects assisted under this chapter, the Secretary 

shall make grants to, or enter into contracts with, institutions of higher education and other public and private 

institutions and organizations to rigorously evaluate the 

effectiveness of the programs and projects assisted under 

this chapter, including a rigorous evaluation of the programs and projects assisted under section 402C. The 

evaluation of the programs and projects assisted under 

section 402C shall be implemented not later than June 

30, 2010. 

‘‘(B) CONTENT OF UPWARD BOUND EVALUATION.—The 

evaluation of the programs and projects assisted under 

section 402C that is described in subparagraph (A) shall 

examine the characteristics of the students who benefit 

most from the Upward Bound program under section 402C 

and the characteristics of the programs and projects that 

most benefit students. 

‘‘(C) IMPLEMENTATION.—Each evaluation described in 

this paragraph shall be implemented in accordance with 

the requirements of this section. 

‘‘(2) PRACTICES.— 

‘‘(A) IN GENERAL.—The evaluations described in paragraph (1) shall identify institutional, community, and program or project practices that are effective in— 

‘‘(i) enhancing the access of low-income individuals 

and first-generation college students to postsecondary 

education; 

‘‘(ii) the preparation of such individuals and students for postsecondary education; and 

‘‘(iii) fostering the success of the individuals and 

students in postsecondary education. 

Deadline. 


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‘‘(B) PRIMARY PURPOSE.—Any evaluation conducted 

under this chapter shall have as the evaluation’s primary 

purpose the identification of particular practices that further the achievement of the outcome criteria determined 

under section 402A(f)(4). 

‘‘(C) DISSEMINATION AND USE OF EVALUATION

FINDINGS.—The Secretary shall disseminate to eligible entities and make available to the public the practices identified under subparagraph (B). The practices may be used 

by eligible entities that receive assistance under this 

chapter after the dissemination. 

‘‘(3) SPECIAL RULE RELATED TO EVALUATION PARTICIPA- TION.—The Secretary shall not require an eligible entity, as 

a condition for receiving, or that receives, assistance under 

any program or project under this chapter to participate in 

an evaluation under this section that— 

‘‘(A) requires the eligible entity to recruit additional 

students beyond those the program or project would normally recruit; or 

‘‘(B) results in the denial of services for an eligible 

student under the program or project. 

‘‘(4) CONSIDERATION.—When designing an evaluation under 

this subsection, the Secretary shall continue to consider— 

‘‘(A) the burden placed on the program participants 

or the eligible entity; and 

‘‘(B) whether the evaluation meets generally accepted 

standards of institutional review boards.’’. 

SEC. 404. GAINING EARLY AWARENESS AND READINESS FOR UNDERGRADUATE PROGRAMS. 

(a) EARLY INTERVENTION AND COLLEGE AWARENESS PROGRAM

AUTHORIZED.—Section 404A (20 U.S.C. 1070a–21) is amended— 

(1) by striking subsection (a) and inserting the following: 

‘‘(a) PROGRAM AUTHORIZED.—The Secretary is authorized, in 

accordance with the requirements of this chapter, to establish a 

program that encourages eligible entities to provide support, and 

maintain a commitment, to eligible low-income students, including 

students with disabilities, to assist the students in obtaining a 

secondary school diploma (or its recognized equivalent) and to prepare for and succeed in postsecondary education, by providing— 

‘‘(1) financial assistance, academic support, additional counseling, mentoring, outreach, and supportive services to secondary school students, including students with disabilities, 

to reduce— 

‘‘(A) the risk of such students dropping out of school; 

or 

‘‘(B) the need for remedial education for such students 

at the postsecondary level; and 

‘‘(2) information to students and their families about the 

advantages of obtaining a postsecondary education and, college 

financing options for the students and their families.’’; 

(2) in subsection (b), by striking paragraph (2) and inserting 

the following: 

‘‘(2) AWARD PERIOD.—The Secretary may award a grant 

under this chapter to an eligible entity described in paragraphs 

(1) and (2) of subsection (c) for— 

‘‘(A) six years; or 


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‘‘(B) in the case of an eligible entity that applies for 

a grant under this chapter for seven years to enable the 

eligible entity to provide services to a student through 

the student’s first year of attendance at an institution 

of higher education, seven years. 

‘‘(3) PRIORITY.—In making awards to eligible entities 

described in subsection (c)(1), the Secretary shall— 

‘‘(A) give priority to eligible entities that— 

‘‘(i) on the day before the date of enactment of 

the Higher Education Opportunity Act, carried out 

successful educational opportunity programs under this 

chapter (as this chapter was in effect on such day); 

and 

‘‘(ii) have a prior, demonstrated commitment to 

early intervention leading to college access through 

collaboration and replication of successful strategies; 

and 

‘‘(B) ensure that students served under this chapter 

on the day before the date of enactment of the Higher 

Education Opportunity Act continue to receive assistance 

through the completion of secondary school.’’; and 

(3) in subsection (c), by striking paragraph (2) and inserting 

the following: 

‘‘(2) a partnership— 

‘‘(A) consisting of— 

‘‘(i) one or more local educational agencies; and 

‘‘(ii) one or more degree granting institutions of 

higher education; and 

‘‘(B) which may include not less than two other community organizations or entities, such as businesses, professional organizations, State agencies, institutions or agencies sponsoring programs authorized under subpart 4, or 

other public or private agencies or organizations.’’. 

(b) REQUIREMENTS.—Section 404B (20 U.S.C. 1070a–22) is 

amended— 

(1) by striking subsection (a) and inserting the following: 

‘‘(a) FUNDING RULES.—In awarding grants from the amount 

appropriated under section 404H for a fiscal year, the Secretary 

shall make available— 

‘‘(1) to eligible entities described in section 404A(c)(1), not 

less than 33 percent of such amount; 

‘‘(2) to eligible entities described in section 404A(c)(2), not 

less than 33 percent of such amount; and 

‘‘(3) to eligible entities described in paragraph (1) or (2) 

of section 404A(c), the remainder of such amount taking into 

consideration the number, quality, and promise of the applications for the grants, and, to the extent practicable— 

‘‘(A) the geographic distribution of such grant awards; 

and 

‘‘(B) the distribution of such grant awards between 

urban and rural applicants.’’; 

(2) by striking subsections (b), (e), and (f); 

(3) by redesignating subsections (c), (d), and (g), as subsections (b), (c), and (d), respectively; 

(4) in subsection (d)(1) (as redesignated by paragraph (3))— 

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

(B) in subparagraph (B)— 


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(i) by inserting ‘‘and provide the option of continued services through the student’s first year of attendance at an institution of higher education to the extent 

the provision of such services was described in the 

eligible entity’s application for assistance under this 

chapter’’ after ‘‘grade level’’; and 

(ii) by striking the period at the end and inserting 

‘‘; and’’; and 

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

‘‘(C) provide services under this chapter to students 

who have received services under a previous GEAR UP 

grant award but have not yet completed the 12th grade.’’; 

and 

(5) by adding at the end the following: 

‘‘(e) SUPPLEMENT, NOT SUPPLANT.—Grant funds awarded under 

this chapter shall be used to supplement, and not supplant, other 

Federal, State, and local funds that would otherwise be expended 

to carry out activities assisted under this chapter.’’. 

(c) APPLICATION.—Section 404C (20 U.S.C. 1070a–23) is 

amended— 

(1) in the section heading, by striking ‘‘ELIGIBLE ENTITY

PLANS’’ and inserting ‘‘APPLICATIONS’’; 

(2) in subsection (a)— 

(A) in the subsection heading, by striking ‘‘PLAN’’ and 

inserting ‘‘APPLICATION’’; 

(B) in paragraph (1)— 

(i) by striking ‘‘a plan’’ and inserting ‘‘an application’’; and 

(ii) by striking the second sentence; and 

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

‘‘(2) CONTENTS.—Each application submitted pursuant to 

paragraph (1) shall be in such form, contain or be accompanied 

by such information or assurances, and be submitted at such 

time as the Secretary may reasonably require. Each such 

application shall, at a minimum— 

‘‘(A) describe the activities for which assistance under 

this chapter is sought, including how the eligible entity 

will carry out the required activities described in section 

404D(a); 

‘‘(B) describe, in the case of an eligible entity described 

in section 404A(c)(2) that chooses to provide scholarships, 

or an eligible entity described in section 404A(c)(1), how 

the eligible entity will meet the requirements of section 

404E; 

‘‘(C) describe, in the case of an eligible entity described 

in section 404A(c)(2) that requests a reduced match 

percentage under subsection (b)(2), how such reduction will 

assist the entity to provide the scholarships described in 

subsection (b)(2)(A)(ii); 

‘‘(D) provide assurances that adequate administrative 

and support staff will be responsible for coordinating the 

activities described in section 404D; 

‘‘(E) provide assurances that activities assisted under 

this chapter will not displace an employee or eliminate 

a position at a school assisted under this chapter, including 


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a partial displacement such as a reduction in hours, wages, 

or employment benefits; 

‘‘(F) describe, in the case of an eligible entity described 

in section 404A(c)(1) that chooses to use a cohort approach, 

or an eligible entity described in section 404A(c)(2), how 

the eligible entity will define the cohorts of the students 

served by the eligible entity pursuant to section 404B(d), 

and how the eligible entity will serve the cohorts through 

grade 12, including— 

‘‘(i) how vacancies in the program under this 

chapter will be filled; and 

‘‘(ii) how the eligible entity will serve students 

attending different secondary schools; 

‘‘(G) describe how the eligible entity will coordinate 

programs under this chapter with other existing Federal, 

State, or local programs to avoid duplication and maximize 

the number of students served; 

‘‘(H) provide such additional assurances as the Secretary determines necessary to ensure compliance with the 

requirements of this chapter; 

‘‘(I) provide information about the activities that will 

be carried out by the eligible entity to support systemic 

changes from which future cohorts of students will benefit; 

and 

‘‘(J) describe the sources of matching funds that will 

enable the eligible entity to meet the matching requirement 

described in subsection (b).’’; 

(3) in subsection (b)— 

(A) in the matter preceding subparagraph (A) of paragraph (1)— 

(i) by striking ‘‘a plan’’ and inserting ‘‘an application’’; and 

(ii) by striking ‘‘such plan’’ and inserting ‘‘such 

application’’; 

(B) in paragraph (1)(A), by inserting ‘‘and may be 

accrued over the full duration of the grant award period, 

except that the eligible entity shall make substantial 

progress towards meeting the matching requirement in 

each year of the grant award period’’ after ‘‘in cash or 

in-kind’’; and 

(C) in paragraph (2), by adding at the end the following 

new sentence: ‘‘The Secretary may approve an eligible 

entity’s request for a reduced match percentage— 

‘‘(A) at the time of application— 

‘‘(i) if the eligible entity demonstrates significant 

economic hardship that precludes the eligible entity 

from meeting the matching requirement; or 

‘‘(ii) if the eligible entity is described in section 

404A(c)(2) and requests that contributions to the 

eligible entity’s scholarship fund established under section 404E be matched on a two to one basis; or 

‘‘(B) in response to a petition by an eligible entity 

subsequent to a grant award under this section if the 

eligible entity demonstrates that the matching funds 

described in its application are no longer available and 

the eligible entity has exhausted all revenues for replacing 

such matching funds.’’; and 


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(4) in subsection (c)— 

(A) in paragraph (1)— 

(i) by striking ‘‘paid to students from State, local, 

institutional, or private funds under this chapter’’ and 

inserting ‘‘obligated to students from State, local, 

institutional, or private funds under this chapter, 

including pre-existing non-Federal financial assistance 

programs,’’; and 

(ii) by striking the semicolon at the end and 

inserting ‘‘including— 

‘‘(A) the amount contributed to a student scholarship 

fund established under section 404E; and 

‘‘(B) the amount of the costs of administering the scholarship program under section 404E;’’; 

(B) in paragraph (2), by striking ‘‘and’’ after the semicolon; 

(C) in paragraph (3), by striking the period at the 

end and inserting ‘‘; and’’; and 

(D) by adding at the end the following: 

‘‘(4) other resources recognized by the Secretary, including 

equipment and supplies, cash contributions from non-Federal 

sources, transportation expenses, in-kind or discounted program 

services, indirect costs, and facility usage.’’. 

(d) ACTIVITIES.—Section 404D (20 U.S.C. 1070a–24) is amended 

to read as follows: 

‘‘SEC. 404D. ACTIVITIES. 

‘‘(a) REQUIRED ACTIVITIES.—Each eligible entity receiving a 

grant under this chapter shall provide comprehensive mentoring, 

outreach, and supportive services to students participating in the 

programs under this chapter. Such activities shall include the following: 

‘‘(1) Providing information regarding financial aid for postsecondary education to participating students in the cohort 

described in section 404B(d)(1)(A) or to priority students 

described in subsection (d). 

‘‘(2) Encouraging student enrollment in rigorous and challenging curricula and coursework, in order to reduce the need 

for remedial coursework at the postsecondary level. 

‘‘(3) Improving the number of participating students who— 

‘‘(A) obtain a secondary school diploma; and 

‘‘(B) complete applications for and enroll in a program 

of postsecondary education. 

‘‘(4) In the case of an eligible entity described in section 

404A(c)(1), providing for the scholarships described in section 

404E. 

‘‘(b) PERMISSIBLE ACTIVITIES FOR STATES AND PARTNERSHIPS.— 

An eligible entity that receives a grant under this chapter may 

use grant funds to carry out one or more of the following activities: 

‘‘(1) Providing tutors and mentors, who may include adults 

or former participants of a program under this chapter, for 

eligible students. 

‘‘(2) Conducting outreach activities to recruit priority students described in subsection (d) to participate in program 

activities. 

‘‘(3) Providing supportive services to eligible students. 


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‘‘(4) Supporting the development or implementation of rigorous academic curricula, which may include college preparatory, Advanced Placement, or International Baccalaureate 

programs, and providing participating students access to rigorous core academic courses that reflect challenging State academic standards. 

‘‘(5) Supporting dual or concurrent enrollment programs 

between the secondary school and institution of higher education partners of an eligible entity described in section 

404A(c)(2), and other activities that support participating students in— 

‘‘(A) meeting challenging State academic standards; 

‘‘(B) successfully applying for postsecondary education; 

‘‘(C) successfully applying for student financial aid; 

and 

‘‘(D) developing graduation and career plans. 

‘‘(6) Providing special programs or tutoring in science, technology, engineering, or mathematics. 

‘‘(7) In the case of an eligible entity described in section 

404A(c)(2), providing support for scholarships described in section 404E. 

‘‘(8) Introducing eligible students to institutions of higher 

education, through trips and school-based sessions. 

‘‘(9) Providing an intensive extended school day, school 

year, or summer program that offers— 

‘‘(A) additional academic classes; or 

‘‘(B) assistance with college admission applications. 

‘‘(10) Providing other activities designed to ensure secondary school completion and postsecondary education enrollment of at-risk children, such as— 

‘‘(A) the identification of at-risk children; 

‘‘(B) after-school and summer tutoring; 

‘‘(C) assistance to at-risk children in obtaining summer 

jobs; 

‘‘(D) academic counseling; 

‘‘(E) financial literacy and economic literacy education 

or counseling; 

‘‘(F) volunteer and parent involvement; 

‘‘(G) encouraging former or current participants of a 

program under this chapter to serve as peer counselors; 

‘‘(H) skills assessments; 

‘‘(I) personal and family counseling, and home visits; 

‘‘(J) staff development; and 

‘‘(K) programs and activities described in this subsection that are specially designed for students who are 

limited English proficient. 

‘‘(11) Enabling eligible students to enroll in Advanced Placement or International Baccalaureate courses, or college 

entrance examination preparation courses. 

‘‘(12) Providing services to eligible students in the participating cohort described in section 404B(d)(1)(A), through the 

first year of attendance at an institution of higher education. 

‘‘(13) Fostering and improving parent and family involvement in elementary and secondary education by promoting 

the advantages of a college education, and emphasizing academic admission requirements and the need to take college 


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preparation courses, through parent engagement and leadership activities. 

‘‘(14) Disseminating information that promotes the importance of higher education, explains college preparation and 

admission requirements, and raises awareness of the resources 

and services provided by the eligible entities to eligible students, their families, and communities. 

‘‘(15) In the event that matching funds described in the 

application are no longer available, engaging entities described 

in section 404A(c)(2) in a collaborative manner to provide 

matching resources and participate in other activities authorized under this section. 

‘‘(c) ADDITIONAL PERMISSIBLE ACTIVITIES FOR STATES.—In addition to the required activities described in subsection (a) and the 

permissible activities described in subsection (b), an eligible entity 

described in section 404A(c)(1) receiving funds under this chapter 

may use grant funds to carry out one or more of the following 

activities: 

‘‘(1) Providing technical assistance to— 

‘‘(A) secondary schools that are located within the 

State; or 

‘‘(B) partnerships described in section 404A(c)(2) that 

are located within the State. 

‘‘(2) Providing professional development opportunities to 

individuals working with eligible cohorts of students described 

in section 404B(d)(1)(A). 

‘‘(3) Providing administrative support to help build the 

capacity of eligible entities described in section 404A(c)(2) to 

compete for and manage grants awarded under this chapter. 

‘‘(4) Providing strategies and activities that align efforts 

in the State to prepare eligible students to attend and succeed 

in postsecondary education, which may include the development 

of graduation and career plans. 

‘‘(5) Disseminating information on the use of scientifically 

valid research and best practices to improve services for eligible 

students. 

‘‘(6)(A) Disseminating information on effective coursework 

and support services that assist students in obtaining the goals 

described in subparagraph (B)(ii). 

‘‘(B) Identifying and disseminating information on best 

practices with respect to— 

‘‘(i) increasing parental involvement; and 

‘‘(ii) preparing students, including students with 

disabilities and students who are limited English proficient, 

to succeed academically in, and prepare financially for, 

postsecondary education. 

‘‘(7) Working to align State academic standards and curricula with the expectations of postsecondary institutions and 

employers. 

‘‘(8) Developing alternatives to traditional secondary school 

that give students a head start on attaining a recognized postsecondary credential (including an industry-recognized certificate, an apprenticeship, or an associate’s or a bachelor’s degree), 

including school designs that give students early exposure to 

college-level courses and experiences and allow students to 

earn transferable college credits or an associate’s degree at 

the same time as a secondary school diploma. 


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‘‘(9) Creating community college programs for drop-outs 

that are personalized drop-out recovery programs that allow 

drop-outs to complete a regular secondary school diploma and 

begin college-level work. 

‘‘(d) PRIORITY STUDENTS.—For eligible entities not using a 

cohort approach, the eligible entity shall treat as a priority student 

any student in secondary school who is— 

‘‘(1) eligible to be counted under section 1124(c) of the 

Elementary and Secondary Education Act of 1965; 

‘‘(2) eligible for assistance under a State program funded 

under part A or E of title IV of the Social Security Act (42 

U.S.C. 601 et seq., 670 et seq.); 

‘‘(3) eligible for assistance under subtitle B of title VII 

of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 

11431 et seq.); or 

‘‘(4) otherwise considered by the eligible entity to be a 

disconnected student. 

‘‘(e) ALLOWABLE PROVIDERS.—In the case of eligible entities 

described in section 404A(c)(1), the activities required by this section 

may be provided by service providers such as community-based 

organizations, schools, institutions of higher education, public and 

private agencies, nonprofit and philanthropic organizations, 

businesses, institutions and agencies sponsoring programs authorized under subpart 4, and other organizations the State determines 

appropriate.’’. 

(e) SCHOLARSHIP COMPONENT.—Section 404E (20 U.S.C. 1070a– 

25) is amended— 

(1) by striking subsections (e) and (f); 

(2) by redesignating subsections (b), (c), and (d) as subsections (d), (f), and (g), respectively; 

(3) by inserting after subsection (a) the following: 

‘‘(b) LIMITATION.— 

‘‘(1) IN GENERAL.—Subject to paragraph (2), each eligible 

entity described in section 404A(c)(1) that receives a grant 

under this chapter shall use not less than 25 percent and 

not more than 50 percent of the grant funds for activities 

described in section 404D (except for the activity described 

in subsection (a)(4) of such section), with the remainder of 

such funds to be used for a scholarship program under this 

section in accordance with such subsection. 

‘‘(2) EXCEPTION.—Notwithstanding paragraph (1), the Secretary may allow an eligible entity to use more than 50 percent 

of grant funds received under this chapter for such activities, 

if the eligible entity demonstrates that the eligible entity has 

another means of providing the students with the financial 

assistance described in this section and describes such means 

in the application submitted under section 404C. 

‘‘(c) NOTIFICATION OF ELIGIBILITY.—Each eligible entity providing scholarships under this section shall provide information 

on the eligibility requirements for the scholarships to all participating students upon the students’ entry into the programs assisted 

under this chapter.’’; 

(4) in subsection (d) (as redesignated by paragraph (2)), 

by striking ‘‘the lesser of’’ and all that follows through the 

period at the end of paragraph (2) of such subsection (d) and 

inserting ‘‘the minimum Federal Pell Grant award under section 401 for such award year.’’; 


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(5) by inserting after subsection (d) (as redesignated by 

paragraph (2) and amended by paragraph (4)) the following: 

‘‘(e) PORTABILITY OF ASSISTANCE.— 

‘‘(1) IN GENERAL.—Each eligible entity described in section 

404A(c)(1) that receives a grant under this chapter shall hold 

in reserve, for the students served by such grant as described 

in section 404B(d)(1)(A) or 404D(d), an amount that is not 

less than the minimum scholarship amount described in subsection (d), multiplied by the number of students the eligible 

entity estimates will meet the requirements of paragraph (2). 

‘‘(2) REQUIREMENT FOR PORTABILITY.—Funds held in 

reserve under paragraph (1) shall be made available to an 

eligible student when the eligible student has— 

‘‘(A) completed a secondary school diploma, its recognized equivalent, or another recognized alternative 

standard for individuals with disabilities; and 

‘‘(B) enrolled in an institution of higher education. 

‘‘(3) QUALIFIED EDUCATIONAL EXPENSES.—Funds available 

to an eligible student under this subsection may be used for— 

‘‘(A) tuition, fees, books, supplies, and equipment 

required for the enrollment or attendance of the eligible 

student at an institution of higher education; and 

‘‘(B) in the case of an eligible student with special 

needs, expenses for special needs services that are incurred 

in connection with such enrollment or attendance. 

‘‘(4) RETURN OF FUNDS.— 

‘‘(A) REDISTRIBUTION.— 

‘‘(i) IN GENERAL.—Funds held in reserve under 

paragraph (1) that are not used by an eligible student 

within six years of the student’s scheduled completion 

of secondary school may be redistributed by the eligible 

entity to other eligible students. 

‘‘(ii) RETURN OF EXCESS TO THE SECRETARY.—If, 

after meeting the requirements of paragraph (1) and, 

if applicable, redistributing excess funds in accordance 

with clause (i) of this subparagraph, an eligible entity 

has funds held in reserve under paragraph (1) that 

remain available, the eligible entity shall return such 

remaining reserved funds to the Secretary for distribution to other grantees under this chapter in accordance 

with the funding rules described in section 404B(a). 

‘‘(B) NONPARTICIPATING ENTITY.—Notwithstanding 

subparagraph (A), in the case of an eligible entity that 

does not receive assistance under this subpart for six fiscal 

years, the eligible entity shall return any funds held in 

reserve under paragraph (1) that are not awarded or obligated to eligible students to the Secretary for distribution 

to other grantees under this chapter.’’; and 

(6) in subsection (g)(4) (as redesignated by paragraph (2)), 

by striking ‘‘early intervention component required under section 404D’’ and inserting ‘‘activities required under section 

404D(a)’’. 

(f) 21ST CENTURY SCHOLAR CERTIFICATES.—Section 404F (20 

U.S.C. 1070a–26) is amended by striking subsections (a) and (b) 

and inserting the following: 

‘‘(a) IN GENERAL.—An eligible entity that receives a grant under 

this chapter shall provide certificates, to be known as 21st Century 


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Scholar Certificates, to all students served by the eligible entity 

who are participating in a program under this chapter. 

‘‘(b) INFORMATION REQUIRED.—A 21st Century Scholar Certificate shall be personalized for each student and indicate the amount 

of Federal financial aid for college and the estimated amount of 

any scholarship provided under section 404E, if applicable, that 

a student may be eligible to receive.’’. 

(g) EVALUATION.—Section 404G(c) (20 U.S.C. 1070a–27(c)) is 

amended by adding at the end the following: ‘‘Such evaluation 

shall include a separate analysis of— 

‘‘(1) the implementation of the scholarship component 

described in section 404E; and 

‘‘(2) the use of methods for complying with matching 

requirements described in paragraphs (1) and (2) of section 

404C(c).’’. 

(h) AUTHORIZATION OF APPROPRIATIONS.—Section 404H (20 

U.S.C. 1070a–28) is amended by striking ‘‘$200,000,000 for fiscal 

year 1999’’ and all that follows through the period and inserting 

‘‘$400,000,000 for fiscal year 2009 and such sums as may be necessary for each of the five succeeding fiscal years.’’. 

SEC. 405. ACADEMIC ACHIEVEMENT INCENTIVE SCHOLARSHIPS. 

Chapter 3 of subpart 2 of part A of title IV (20 U.S.C. 1070a– 

31 et seq.) is repealed. 

SEC. 406. FEDERAL SUPPLEMENTAL EDUCATIONAL OPPORTUNITY 

GRANTS. 

(a) APPROPRIATIONS AUTHORIZED.—Section 413A(b)(1) (20 

U.S.C. 1070b(b)(1)) is amended by striking ‘‘$675,000,000 for fiscal 

year 1999’’ and all that follows through the period and inserting 

‘‘such sums as may be necessary for fiscal year 2009 and each 

of the five succeeding fiscal years.’’. 

(b) ALLOWANCE FOR BOOKS AND SUPPLIES.—Section 

413D(c)(3)(D) (20 U.S.C. 1070b–3(c)(3)(D)) is amended by striking 

‘‘$450’’ and inserting ‘‘$600’’. 

(c) TECHNICAL CORRECTION.—Section 413D(a)(1) (20 U.S.C. 

1070b–3(a)(1)) is amended by striking ‘‘such institution’’ and all 

that follows through the period and inserting ‘‘such institution 

received under subsections (a) and (b) of this section for fiscal 

year 1999 (as such subsections were in effect with respect to allocations for such fiscal year).’’. 

SEC. 407. LEVERAGING EDUCATIONAL ASSISTANCE PARTNERSHIP 

PROGRAM. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Section 415A(b) (20 

U.S.C. 1070c(b)) is amended by striking paragraphs (1) and (2) 

and inserting the following: 

‘‘(1) IN GENERAL.—There are authorized to be appropriated 

to carry out this subpart $200,000,000 for fiscal year 2009 

and such sums as may be necessary for each of the five succeeding fiscal years. 

‘‘(2) RESERVATION.—For any fiscal year for which the amount appropriated under paragraph (1) exceeds $30,000,000, 

the excess amount shall be available to carry out section 415E.’’. 

(b) APPLICATIONS.—Section 415C(b) (20 U.S.C. 1070c–2(b)) is 

amended— 

(1) in paragraph (2), by striking ‘‘not in excess of $5,000 

per academic year’’ and inserting ‘‘not to exceed the lesser 


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of $12,500 or the student’s cost of attendance per academic 

year’’; and 

(2) in paragraph (9), by striking ‘‘and’’ after the semicolon; 

(3) in paragraph (10)— 

(A) by striking ‘‘a direct appropriation of’’; and 

(B) by striking the period at the end and inserting 

‘‘; and’’; and 

(4) by adding at the end the following: 

‘‘(11) provides notification to eligible students that such 

grants are— 

‘‘(A) Leveraging Educational Assistance Partnership 

Grants; and 

‘‘(B) funded by the Federal Government, the State, 

and, where applicable, other contributing partners.’’. 

(c) GRANTS FOR ACCESS AND PERSISTENCE.—Section 415E (20 

U.S.C. 1070c–3a) is amended to read as follows: 

‘‘SEC. 415E. GRANTS FOR ACCESS AND PERSISTENCE. 

‘‘(a) PURPOSE.—It is the purpose of this section to expand college 

access and increase college persistence by making allotments to 

States to enable the States to— 

‘‘(1) expand and enhance partnerships with institutions 

of higher education, early information and intervention, mentoring, or outreach programs, private corporations, philanthropic organizations, and other interested parties, including 

community-based organizations, in order to— 

‘‘(A) carry out activities under this section; and 

‘‘(B) provide coordination and cohesion among Federal, 

State, and local governmental and private efforts that provide financial assistance to help low-income students attend 

an institution of higher education; 

‘‘(2) provide need-based grants for access and persistence 

to eligible low-income students; 

‘‘(3) provide early notification to low-income students of 

the students’ eligibility for financial aid; and 

‘‘(4) encourage increased participation in early information 

and intervention, mentoring, or outreach programs. 

‘‘(b) ALLOTMENTS TO STATES.— 

‘‘(1) IN GENERAL.— 

‘‘(A) AUTHORIZATION.—From sums reserved under section 415A(b)(2) for each fiscal year, the Secretary shall 

make an allotment to each State that submits an application for an allotment in accordance with subsection (c) 

to enable the State to pay the Federal share, as described 

in paragraph (2), of the cost of carrying out the activities 

under subsection (d). 

‘‘(B) DETERMINATION OF ALLOTMENT.—In making allotments under subparagraph (A), the Secretary shall consider 

the following: 

‘‘(i) CONTINUATION OF AWARD.—If a State continues 

to meet the specifications established in such State’s 

application under subsection (c), the Secretary shall 

make an allotment to such State that is not less than 

the allotment made to such State for the previous 

fiscal year. 


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‘‘(ii) PRIORITY.—The Secretary shall give priority 

in making allotments to States that meet the requirements described in paragraph (2)(B)(ii). 

‘‘(2) FEDERAL SHARE.— ‘‘(A) IN GENERAL.—The Federal share of the cost of 

carrying out the activities under subsection (d) for any 

fiscal year shall not exceed 66.66 percent. 

‘‘(B) DIFFERENT PERCENTAGES.—The Federal share 

under this section shall be determined in accordance with 

the following: 

‘‘(i) The Federal share of the cost of carrying out 

the activities under subsection (d) shall be 57 percent 

if a State applies for an allotment under this section 

in partnership with any number of degree-granting 

institutions of higher education in the State whose 

combined full-time enrollment represents less than a 

majority of all students attending institutions of higher 

education in the State, and— 

‘‘(I) philanthropic organizations that are 

located in, or that provide funding in, the State; 

or 

‘‘(II) private corporations that are located in, 

or that do business in, the State. 

‘‘(ii) The Federal share of the cost of carrying out 

the activities under subsection (d) shall be 66.66 percent if a State applies for an allotment under this 

section in partnership with any number of degreegranting institutions of higher education in the State 

whose combined full-time enrollment represents a 

majority of all students attending institutions of higher 

education in the State, and— 

‘‘(I) philanthropic organizations that are 

located in, or that provide funding in, the State; 

or 

‘‘(II) private corporations that are located in, 

or that do business in, the State. 

‘‘(C) NON-FEDERAL SHARE.— 

‘‘(i) IN GENERAL.—The non-Federal share under 

this section may be provided in cash or in kind, fairly 

evaluated. 

‘‘(ii) IN-KIND CONTRIBUTION.—For the purpose of 

calculating the non-Federal share under this subparagraph, an in-kind contribution is a non-cash contribution that— 

‘‘(I) has monetary value, such as the provision 

of— 

‘‘(aa) room and board; or 

‘‘(bb) transportation passes; and 

‘‘(II) helps a student meet the cost of attendance at an institution of higher education. 

‘‘(iii) EFFECT ON NEED ANALYSIS.—For the purpose 

of calculating a student’s need in accordance with part 

F, an in-kind contribution described in clause (ii) shall 

not be considered an asset or income of the student 

or the student’s parent. 

‘‘(c) APPLICATION FOR ALLOTMENT.— ‘‘(1) IN GENERAL.— 


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‘‘(A) SUBMISSION.—A State that desires to receive an 

allotment under this section on behalf of a partnership 

described in paragraph (3) shall submit an application to 

the Secretary at such time, in such manner, and containing 

such information as the Secretary may require. 

‘‘(B) CONTENT.—An application submitted under 

subparagraph (A) shall include the following: 

‘‘(i) A description of the State’s plan for using 

the allotted funds. 

‘‘(ii) An assurance that the State will provide 

matching funds, in cash or in kind, from State, institutional, philanthropic, or private funds, of not less than 

33.33 percent of the cost of carrying out the activities 

under subsection (d). The State shall specify the 

methods by which matching funds will be paid. A State 

that uses non-Federal funds to create or expand partnerships with entities described in subsection (a)(1), 

in which such entities match State funds for student 

scholarships, may apply such matching funds from 

such entities toward fulfilling the State’s matching 

obligation under this clause. 

‘‘(iii) An assurance that the State will use funds 

provided under this section to supplement, and not 

supplant, Federal and State funds available for carrying out the activities under this title. 

‘‘(iv) An assurance that early information and 

intervention, mentoring, or outreach programs exist 

within the State or that there is a plan to make such 

programs widely available. 

‘‘(v) A description of the organizational structure 

that the State has in place to administer the activities 

under subsection (d), including a description of how 

the State will compile information on degree completion of students receiving grants under this section. 

‘‘(vi) A description of the steps the State will take 

to ensure that students who receive grants under this 

section persist to degree completion. 

‘‘(vii) An assurance that the State has a method 

in place, such as acceptance of the automatic zero 

expected family contribution determination described 

in section 479(c), to identify eligible low-income students and award State grant aid to such students. 

‘‘(viii) An assurance that the State will provide 

notification to eligible low-income students that grants 

under this section are— 

‘‘(I) Leveraging Educational Assistance Partnership Grants; and 

‘‘(II) funded by the Federal Government and 

the State, and, where applicable, other contributing partners. 

‘‘(2) STATE AGENCY.—The State agency that submits an 

application for a State under section 415C(a) shall be the same 

State agency that submits an application under paragraph 

(1) for such State. 

‘‘(3) PARTNERSHIP.—In applying for an allotment under this 

section, the State agency shall apply for the allotment in partnership with— 


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PUBLIC LAW 110–315—AUG. 14, 2008 122 STAT. 3219 

‘‘(A) not less than one public and one private degreegranting institution of higher education that are located 

in the State, if applicable; 

‘‘(B) new or existing early information and intervention, 

mentoring, or outreach programs located in the State; and 

‘‘(C) not less than one— 

‘‘(i) philanthropic organization located in, or that 

provides funding in, the State; or 

‘‘(ii) private corporation located in, or that does 

business in, the State. 

‘‘(4) ROLES OF PARTNERS.— ‘‘(A) STATE AGENCY.—A State agency that is in a partnership receiving an allotment under this section— 

‘‘(i) shall— 

‘‘(I) serve as the primary administrative unit 

for the partnership; 

‘‘(II) provide or coordinate non-Federal share 

funds, and coordinate activities among partners; 

‘‘(III) encourage each institution of higher education in the State to participate in the partnership; 

‘‘(IV) make determinations and early notifications of assistance as described under subsection 

(d)(2); and 

‘‘(V) annually report to the Secretary on the 

partnership’s progress in meeting the purpose of 

this section; and 

‘‘(ii) may provide early information and intervention, mentoring, or outreach programs. 

‘‘(B) DEGREE-GRANTING INSTITUTIONS OF HIGHER EDUCATION.—A degree-granting institution of higher education 

that is in a partnership receiving an allotment under this 

section— 

‘‘(i) shall— 

‘‘(I) recruit and admit participating qualified 

students and provide such additional institutional 

grant aid to participating students as agreed to 

with the State agency; 

‘‘(II) provide support services to students who 

receive grants for access and persistence under 

this section and are enrolled at such institution; 

and 

‘‘(III) assist the State in the identification of 

eligible students and the dissemination of early 

notifications of assistance as agreed to with the 

State agency; and 

‘‘(ii) may provide funding for early information and 

intervention, mentoring, or outreach programs or provide such services directly. 

‘‘(C) PROGRAMS.—An early information and intervention, mentoring, or outreach program that is in a partnership receiving an allotment under this section shall provide 

direct services, support, and information to participating 

students. 

‘‘(D) PHILANTHROPIC ORGANIZATION OR PRIVATE COR- PORATION.—A philanthropic organization or private corporation that is in a partnership receiving an allotment 

Deadline. 

Reports. 

Notification. 


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122 STAT. 3220 PUBLIC LAW 110–315—AUG. 14, 2008 

under this section shall provide funds for grants for access 

and persistence for participating students, or provide funds 

or support for early information and intervention, mentoring, or outreach programs. 

‘‘(d) AUTHORIZED ACTIVITIES.— 

‘‘(1) IN GENERAL.— 

‘‘(A) ESTABLISHMENT OF PARTNERSHIP.—Each State 

receiving an allotment under this section shall use the 

funds to establish a partnership to award grants for access 

and persistence to eligible low-income students in order 

to increase the amount of financial assistance such students 

receive under this subpart for undergraduate education 

expenses. 

‘‘(B) AMOUNT OF GRANTS.—The amount of a grant for 

access and persistence awarded by a State to a student 

under this section shall be not less than— 

‘‘(i) the average undergraduate tuition and mandatory fees at the public institutions of higher education 

in the State where the student resides that are of 

the same type of institution as the institution of higher 

education the student attends; minus 

‘‘(ii) other Federal and State aid the student 

receives. 

‘‘(C) SPECIAL RULES.— 

‘‘(i) PARTNERSHIP INSTITUTIONS.—A State receiving 

an allotment under this section may restrict the use 

of grants for access and persistence under this section 

by awarding the grants only to students attending 

institutions of higher education that are participating 

in the partnership. 

‘‘(ii) OUT-OF-STATE INSTITUTIONS.—If a State provides grants through another program under this subpart to students attending institutions of higher education located in another State, grants awarded under 

this section may be used at institutions of higher education located in another State. 

‘‘(2) EARLY NOTIFICATION.— 

‘‘(A) IN GENERAL.—Each State receiving an allotment 

under this section shall annually notify low-income students in grades seven through 12 in the State, and their 

families, of their potential eligibility for student financial 

assistance, including an access and persistence grant, to 

attend an institution of higher education. 

‘‘(B) CONTENT OF NOTICE.—The notice under subparagraph (A)— 

‘‘(i) shall include— 

‘‘(I) information about early information and 

intervention, mentoring, or outreach programs 

available to the student; 

‘‘(II) information that a student’s eligibility for 

a grant for access and persistence is enhanced 

through participation in an early information and 

intervention, mentoring, or outreach program; 

‘‘(III) an explanation that student and family 

eligibility for, and participation in, other Federal 

means-tested programs may indicate eligibility for 

Deadline. 


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PUBLIC LAW 110–315—AUG. 14, 2008 122 STAT. 3221 

a grant for access and persistence and other student aid programs; 

‘‘(IV) a nonbinding estimate of the total 

amount of financial aid that a low-income student 

with a similar income level may expect to receive, 

including an estimate of the amount of a grant 

for access and persistence and an estimate of the 

amount of grants, loans, and all other available 

types of aid from the major Federal and State 

financial aid programs; 

‘‘(V) an explanation that in order to be eligible 

for a grant for access and persistence, at a minimum, a student shall— 

‘‘(aa) meet the requirement under paragraph (3); 

‘‘(bb) graduate from secondary school; and 

‘‘(cc) enroll at an institution of higher education— 

‘‘(AA) that is a partner in the partnership; or 

‘‘(BB) with respect to which attendance is permitted under subsection 

(d)(1)(C)(ii); 

‘‘(VI) information on any additional requirements (such as a student pledge detailing student 

responsibilities) that the State may impose for 

receipt of a grant for access and persistence under 

this section; and 

‘‘(VII) instructions on how to apply for a grant 

for access and persistence and an explanation that 

a student is required to file a Free Application 

for Federal Student Aid authorized under section 

483(a) to be eligible for such grant and assistance 

from other Federal and State financial aid programs; and 

‘‘(ii) may include a disclaimer that grant awards 

for access and persistence are contingent on— 

‘‘(I) a determination of the student’s financial 

eligibility at the time of the student’s enrollment 

at an institution of higher education that is a 

partner in the partnership or qualifies under subsection (d)(1)(C)(ii); 

‘‘(II) annual Federal and State spending for 

higher education; and 

‘‘(III) other aid received by the student at the 

time of the student’s enrollment at such institution 

of higher education. 

‘‘(3) ELIGIBILITY.—In determining which students are 

eligible to receive grants for access and persistence, the State 

shall ensure that each such student complies with the following 

subparagraph (A) or (B): 

‘‘(A) Meets not less than two of the following criteria, 

with priority given to students meeting all of the following 

criteria: 

‘‘(i) Has an expected family contribution equal to 

zero, as determined under part F, or a comparable 


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122 STAT. 3222 PUBLIC LAW 110–315—AUG. 14, 2008 

alternative based upon the State’s approved criteria 

in section 415C(b)(4). 

‘‘(ii) Qualifies for the State’s maximum undergraduate award, as authorized under section 415C(b). 

‘‘(iii) Is participating in, or has participated in, 

a Federal, State, institutional, or community early 

information and intervention, mentoring, or outreach 

program, as recognized by the State agency administering activities under this section. 

‘‘(B) Is receiving, or has received, a grant for access 

and persistence under this section, in accordance with paragraph (5). 

‘‘(4) GRANT AWARD.—Once a student, including those students who have received early notification under paragraph 

(2) from the State, applies for admission to an institution that 

is a partner in the partnership, files a Free Application for 

Federal Student Aid and any related State form, and is determined eligible by the State under paragraph (3), the State 

shall— 

‘‘(A) issue the student a preliminary award certificate 

for a grant for access and persistence with estimated award 

amounts; and 

‘‘(B) inform the student that payment of the grant 

for access and persistence award amounts is subject to 

certification of enrollment and award eligibility by the 

institution of higher education. 

‘‘(5) DURATION OF AWARD.—An eligible student who receives 

a grant for access and persistence under this section shall 

receive such grant award for each year of such student’s undergraduate education in which the student remains eligible for 

assistance under this title, including pursuant to section 484(c), 

and remains financially eligible as determined by the State, 

except that the State may impose reasonable time limits to 

degree completion. 

‘‘(e) ADMINISTRATIVE COST ALLOWANCE.—A State that receives 

an allotment under this section may reserve not more than two 

percent of the funds made available annually through the allotment 

for State administrative functions required to carry out this section. 

‘‘(f) STATUTORY AND REGULATORY RELIEF FOR INSTITUTIONS OF

HIGHER EDUCATION.—The Secretary may grant, upon the request 

of an institution of higher education that is in a partnership 

described in subsection (b)(2)(B)(ii) and that receives an allotment 

under this section, a waiver for such institution from statutory 

or regulatory requirements that inhibit the ability of the institution 

to successfully and efficiently participate in the activities of the 

partnership. 

‘‘(g) APPLICABILITY RULE.—The provisions of this subpart that 

are not inconsistent with this section shall apply to the program 

authorized by this section. 

‘‘(h) MAINTENANCE OF EFFORT REQUIREMENT.—Each State 

receiving an allotment under this section for a fiscal year shall 

provide the Secretary with an assurance that the aggregate amount 

expended per student or the aggregate expenditures by the State, 

from funds derived from non-Federal sources, for the authorized 

activities described in subsection (d) for the preceding fiscal year 

Waiver authority. 


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PUBLIC LAW 110–315—AUG. 14, 2008 122 STAT. 3223 

were not less than the amount expended per student or the aggregate expenditure by the State for the activities for the second 

preceding fiscal year. 

‘‘(i) SPECIAL RULE.—Notwithstanding subsection (h), for purposes of determining a State’s share of the cost of the authorized 

activities described in subsection (d), the State shall consider only 

those expenditures from non-Federal sources that exceed the State’s 

total expenditures for need-based grants, scholarships, and workstudy assistance for fiscal year 1999 (including any such assistance 

provided under this subpart). 

‘‘(j) CONTINUATION AND TRANSITION.—For the two-year period 

that begins on the date of enactment of the Higher Education 

Opportunity Act, the Secretary shall continue to award grants 

under section 415E of the Higher Education Act of 1965 as such 

section existed on the day before the date of enactment of the 

Higher Education Opportunity Act to States that choose to apply 

for grants under such predecessor section. 

‘‘(k) REPORTS.—Not later than three years after the date of 

enactment of the Higher Education Opportunity Act and annually 

thereafter, the Secretary shall submit a report describing the activities and the impact of the partnerships under this section to the 

authorizing committees.’’. 

SEC. 408. SPECIAL PROGRAMS FOR STUDENTS WHOSE FAMILIES ARE 

ENGAGED IN MIGRANT AND SEASONAL FARMWORK. 

Section 418A (20 U.S.C. 1070d–2) is amended— 

(1) in subsection (b)— 

(A) in paragraph (1)(B)(i), by striking ‘‘parents’’ and 

inserting ‘‘immediate family’’; 

(B) in paragraph (3)(B), by inserting ‘‘(including 

preparation for college entrance examinations)’’ after ‘‘college program’’; 

(C) in paragraph (5), by striking ‘‘weekly’’; 

(D) in paragraph (7), by striking ‘‘and’’ after the semicolon; 

(E) in paragraph (8)— 

(i) by inserting ‘‘(such as transportation and child 

care)’’ after ‘‘services’’; and 

(ii) by striking the period at the end and inserting 

‘‘; and’’; and 

(F) by adding at the end the following: 

‘‘(9) other activities to improve persistence and retention 

in postsecondary education.’’; 

(2) in subsection (c)— 

(A) in paragraph (1)— 

(i) in subparagraph (A)— 

(I) by striking ‘‘parents’’ and inserting ‘‘immediate family’’; and 

(II) by striking ‘‘(or such part’s predecessor 

authority)’’; 

(ii) in subparagraph (B)— 

(I) in the matter preceding clause (i), by 

inserting ‘‘to improve placement, persistence, and 

retention in postsecondary education,’’ after ‘‘services’’; and 

Effective date. 


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122 STAT. 3224 PUBLIC LAW 110–315—AUG. 14, 2008 

(II) in clause (i), by striking ‘‘and career’’ and 

inserting ‘‘career, and economic education or personal finance’’; 

(iii) in subparagraph (E), by striking ‘‘and’’ after 

the semicolon; 

(iv) by redesignating subparagraph (F) as subparagraph (G); 

(v) by inserting after subparagraph (E) the following: 

‘‘(F) internships; and’’; and 

(vi) in subparagraph (G) (as redesignated by clause 

(iv)), by striking ‘‘support services’’ and inserting 

‘‘essential supportive services (such as transportation 

and child care)’’ ; and 

(B) in paragraph (2)— 

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

the semicolon; 

(ii) in subparagraph (B), by striking the period 

at the end and inserting ‘‘, and coordinating such services, assistance, and aid with other non-program services, assistance, and aid, including services, assistance, 

and aid provided by community-based organizations, 

which may include mentoring and guidance; and’’; and 

(iii) by adding at the end the following: 

‘‘(C) for students attending two-year institutions of higher 

education, encouraging the students to transfer to four-year 

institutions of higher education, where appropriate, and monitoring the rate of transfer of such students.’’; 

(3) in subsection (e), by striking ‘‘section 402A(c)(1)’’ and 

inserting ‘‘section 402A(c)(2)’’; 

(4) in subsection (f)— 

(A) in paragraph (1), by striking ‘‘$150,000’’ and 

inserting ‘‘$180,000’’; and 

(B) in paragraph (2), by striking ‘‘$150,000’’ and 

inserting ‘‘$180,000’’; 

(5) by redesignating subsections (g) and (h) as subsections 

(h) and (i), respectively; 

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

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

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

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

for outreach activities, technical assistance, and professional 

development programs relating to the programs under subsection (a); 

‘‘(2) for any fiscal year for which the amount appropriated 

to carry out this section is equal to or greater than $40,000,000, 

shall, in awarding grants from the remainder of such amounts— 

‘‘(A) make available not less than 45 percent of such 

remainder for the high school equivalency programs and 

not less than 45 percent of such remainder for the college 

assistance migrant programs; 

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

equivalency programs or college assistance migrant programs based on the number, quality, and promise of the 

applications; and 

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

geographic distribution of such grants; and 


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PUBLIC LAW 110–315—AUG. 14, 2008 122 STAT. 3225 

‘‘(3) for any fiscal year for which the amount appropriated to carry out this section is less than $40,000,000, shall, in 

awarding grants from the remainder of such amounts make 

available the same percentage of funds to the high school 

equivalency program and to the college assistance migrant program as was made available for each such program for the 

fiscal year preceding the fiscal year for which the grant was 

made.’’; 

(7) by striking subsection (h) (as redesignated by paragraph 

(5)) and inserting the following: 

‘‘(h) DATA COLLECTION.—The Secretary shall— 

‘‘(1) annually collect data on persons receiving services 

authorized under this subpart regarding such persons’ rates 

of secondary school graduation, entrance into postsecondary 

education, and completion of postsecondary education, as 

applicable; 

‘‘(2) not less often than once every two years, prepare 

and submit to the authorizing committees a report based on 

the most recently available data under paragraph (1); and 

‘‘(3) make such report available to the public.’’; and 

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

(5)) and inserting the following: 

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

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

sums as may be necessary for the each of the five succeeding 

fiscal years.’’. 

SEC. 409. ROBERT C. BYRD HONORS SCHOLARSHIP PROGRAM. 

(a) ELIGIBILITY OF SCHOLARS.—Section 419F(a) (20 U.S.C. 

1070d–36(a)) is amended by inserting ‘‘(or a home school, whether 

treated as a home school or a private school under State law)’’ 

after ‘‘public or private secondary school’’. 

(b) AUTHORIZATION OF APPROPRIATIONS.—Section 419K (20 

U.S.C. 1070d–41) is amended by striking ‘‘$45,000,000 for fiscal 

year 1999’’ and all that follows through the period and inserting 

‘‘such sums as may be necessary for fiscal year 2009 and each 

of the five succeeding fiscal years.’’. 

SEC. 410. CHILD CARE ACCESS MEANS PARENTS IN SCHOOL. 

(a) MINIMUM GRANT.—Section 419N(b)(2)(B) (20 U.S.C. 

1070e(b)(2)(B)) is amended— 

(1) by striking ‘‘A grant’’ and inserting the following: 

‘‘(i) IN GENERAL.—Except as provided in clause 

(ii), a grant’’; and 

(2) by adding at the end the following: 

‘‘(ii) INCREASE TRIGGER.—For any fiscal year for 

which the amount appropriated under the authority 

of subsection (g) is equal to or greater than 

$20,000,000, a grant under this section shall be 

awarded in an amount that is not less than $30,000.’’. 

(b) ELIGIBLE INSTITUTIONS.—Section 419N(b)(4) (20 U.S.C. 

1070e(b)(4)) is amended by inserting ‘‘, except that for any fiscal 

year for which the amount appropriated to carry out this section 

is equal to or greater than $20,000,000, this sentence shall be 

applied by substituting ‘$250,000’ for ‘$350,000’ ’’ before the period. 

(c) DEFINITION OF LOW-INCOME STUDENT.—Paragraph (7) of 

section 419N(b) (20 U.S.C. 1070e(b)) is amended to read as follows: 

Public 

information. 

Reports. 

Deadlines. 


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122 STAT. 3226 PUBLIC LAW 110–315—AUG. 14, 2008 

‘‘(7) DEFINITION OF LOW-INCOME STUDENT.—For the purpose 

of this section, the term ‘low-income student’ means a student— 

‘‘(A) who is eligible to receive a Federal Pell Grant 

for the award year for which the determination is made; 

or 

‘‘(B) who would otherwise be eligible to receive a Federal Pell Grant for the award year for which the determination is made, except that the student fails to meet the 

requirements of— 

‘‘(i) section 401(c)(1) because the student is enrolled 

in a graduate or first professional course of study; 

or 

‘‘(ii) section 484(a)(5) because the student is in 

the United States for a temporary purpose.’’. 

(d) PUBLICITY.—Section 419N(b) (20 U.S.C. 1070e(b)) is further 

amended by adding at the end the following new paragraph: 

‘‘(8) PUBLICITY.—The Secretary shall publicize the availability of grants under this section in appropriate periodicals, 

in addition to publication in the Federal Register, and shall 

inform appropriate educational organizations of such availability.’’. 

(e) REPORTING REQUIREMENTS.—Section 419N(e) (20 U.S.C. 

1070e(e)) is amended— 

(1) in paragraph (1)(A), by striking ‘‘18 months,’’ and all 

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

(2) in paragraph (2)— 

(A) by striking ‘‘the third annual grant payment’’ and 

inserting ‘‘continuation awards’’; and 

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

‘‘the reports’’. 

(f) AUTHORIZATION OF APPROPRIATIONS.—Section 419N(g) (20 U.S.C. 1070e(g)) is amended by striking ‘‘$45,000,000 for fiscal 

year 1999’’ and all that follows through the period and inserting 

‘‘such sums as may be necessary for fiscal year 2009 and each 

of the five succeeding fiscal years.’’. 

SEC. 411. LEARNING ANYTIME ANYWHERE PARTNERSHIPS. 

Subpart 8 of part A of title IV (20 U.S.C. 1070f et seq.) is 

repealed. 

SEC. 412. TEACH GRANTS. 

(a) AMENDMENTS.—Subpart 9 of part A of title IV (20 U.S.C. 

1070g et seq.) is amended— 

(1) in section 420N (20 U.S.C. 1070g–2)— 

(A) in subsection (b)— 

(i) in paragraph (1)(E), by striking ‘‘and’’ after 

the semicolon; 

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

the end and inserting ‘‘; and’’; and 

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

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

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

and the loan repayment requirements that are the consequence 

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

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

‘‘(d) ADDITIONAL ADMINISTRATIVE PROVISIONS.— 

Federal Register, 

publication. 


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PUBLIC LAW 110–315—AUG. 14, 2008 122 STAT. 3227 

‘‘(1) CHANGE OF HIGH-NEED DESIGNATION.—If a recipient 

of an initial grant under this subpart has acquired an academic 

degree, or expertise, in a field that was, at the time of the 

recipient’s application for that grant, designated as high need 

in accordance with subsection (b)(1)(C)(vii), but is no longer 

so designated, the grant recipient may fulfill the service obligation described in subsection (b)(1) by teaching in that field. 

‘‘(2) EXTENUATING CIRCUMSTANCES.—The Secretary shall 

establish, by regulation, categories of extenuating circumstances under which a recipient of a grant under this 

subpart who is unable to fulfill all or part of the recipient’s 

service obligation may be excused from fulfilling that portion 

of the service obligation.’’; and 

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

‘‘SEC. 420P. PROGRAM REPORT. 

‘‘Not later than two years after the date of enactment of the 

Higher Education Opportunity Act and every two years thereafter, 

the Secretary shall prepare and submit to the authorizing committees a report on TEACH grants with respect to the schools and 

students served by recipients of such grants. Such report shall 

take into consideration information related to— 

‘‘(1) the number of TEACH grant recipients; 

‘‘(2) the degrees obtained by such recipients; 

‘‘(3) the location, including the school, local educational 

agency, and State, where the recipients completed the service 

agreed to under section 420N(b) and the subject taught; 

‘‘(4) the duration of such service; and 

‘‘(5) any other data necessary to conduct such evaluation.’’. 

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

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

PART B—FEDERAL FAMILY EDUCATION LOAN 

PROGRAM 

SEC. 421. LIMITATIONS ON AMOUNTS OF LOANS COVERED BY FEDERAL 

INSURANCE. 

Section 424(a) (20 U.S.C. 1074(a)) is amended— 

(1) by striking ‘‘2012’’ and inserting ‘‘2014’’; and 

(2) by striking ‘‘2016’’ and inserting ‘‘2018’’. 

SEC. 422. FEDERAL PAYMENTS TO REDUCE STUDENT INTEREST COSTS. 

(a) DEFINITIONS.— 

(1) AMENDMENTS.—Subparagraph (C) of section 428(a)(2) 

(20 U.S.C. 1078(a)(2)) is amended to read as follows: 

‘‘(C) For the purpose of this paragraph— 

‘‘(i) a student’s cost of attendance shall be determined 

under section 472; 

‘‘(ii) a student’s estimated financial assistance means, 

for the period for which the loan is sought— 

‘‘(I) the amount of assistance such student will 

receive under subpart 1 of part A (as determined in 

accordance with section 484(b)), subpart 3 of part A, 

and parts C and E; plus 

‘‘(II) other scholarship, grant, or loan assistance, 

but excluding— 

20 USC 

1070g–2 note. 

20 USC 1070g–4. 

Regulations. 


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122 STAT. 3228 PUBLIC LAW 110–315—AUG. 14, 2008 

‘‘(aa) any national service education award or 

post-service benefit under title I of the National 

and Community Service Act of 1990; and 

‘‘(bb) any veterans’ education benefits as 

defined in section 480(c); and 

‘‘(iii) the determination of need and of the amount 

of a loan by an eligible institution under subparagraph 

(B) with respect to a student shall be calculated in accordance with part F.’’. 

(2) EFFECTIVE DATE.—The amendments made by paragraph 

(1) shall take effect on July 1, 2010. 

(b) DURATION OF AUTHORITY TO MAKE INTEREST SUBSIDIZED

LOANS.—Section 428(a)(5) (20 U.S.C. 1078(a)(5)) is amended— 

(1) by striking ‘‘2012’’ and inserting ‘‘2014’’; and 

(2) by striking ‘‘2016’’ and inserting ‘‘2018’’. 

(c) INSURANCE PROGRAM AGREEMENTS.— 

(1) DEFERMENT INFORMATION REQUIREMENTS.—Section 

428(b)(1)(Y) (20 U.S.C. 1078(b)(1)(Y)) is amended— 

(A) by striking clause (i) and inserting the following: 

‘‘(i) the lender shall determine the eligibility of 

a borrower for a deferment described in subparagraph 

(M)(i) based on— 

‘‘(I) receipt of a request for deferment from 

the borrower and documentation of the borrower’s 

eligibility for the deferment; 

‘‘(II) receipt of a newly completed loan application that documents the borrower’s eligibility for 

a deferment; 

‘‘(III) receipt of student status information 

documenting that the borrower is enrolled on at 

least a half-time basis; or 

‘‘(IV) the lender’s confirmation of the borrower’s half-time enrollment status through use 

of the National Student Loan Data System, if the 

confirmation is requested by the institution of 

higher education;’’; 

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

and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(iii) the lender shall, at the time the lender grants 

a deferment to a borrower who received a loan under 

section 428H and is eligible for a deferment under 

subparagraph (M) of this paragraph, provide information to the borrower to assist the borrower in understanding the impact of the capitalization of interest 

on the borrower’s loan principal and on the total 

amount of interest to be paid during the life of the 

loan.’’. 

(2) TRANSFER INFORMATION REQUIREMENTS.—Section 

428(b)(2)(F)(i) (20 U.S.C. 1078(b)(2)(F)(i)) is amended— 

(A) in subclause (III), by striking ‘‘and’’ after the semicolon; 

(B) in subclause (IV), by striking ‘‘and’’ after the semicolon; and 

(C) by adding at the end the following: 

‘‘(V) the effective date of the transfer; 

20 USC 1078 

note. 


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PUBLIC LAW 110–315—AUG. 14, 2008 122 STAT. 3229 

‘‘(VI) the date on which the current servicer 

(as of the date of the notice) will stop accepting 

payments; and 

‘‘(VII) the date on which the new servicer will 

begin accepting payments; and’’. 

(d) RESTRICTIONS ON INDUCEMENTS, PAYMENTS, MAILINGS, AND

ADVERTISING.—Paragraph (3) of section 428(b) (20 U.S.C. 1078(b)(3)) 

is amended to read as follows: 

‘‘(3) RESTRICTIONS ON INDUCEMENTS, PAYMENTS, MAILINGS, 

AND ADVERTISING.—A guaranty agency shall not— 

‘‘(A) offer, directly or indirectly, premiums, payments, 

stock or other securities, prizes, travel, entertainment 

expenses, tuition payment or reimbursement, or other 

inducements to— 

‘‘(i) any institution of higher education or the 

employees of an institution of higher education in order 

to secure applicants for loans made under this part; 

or 

‘‘(ii) any lender, or any agent, employee, or independent contractor of any lender or guaranty agency, 

in order to administer or market loans made under 

this part (other than a loan made as part of the guaranty agency’s lender-of-last-resort program pursuant 

to section 428(j)), for the purpose of securing the designation of the guaranty agency as the insurer of such 

loans; 

‘‘(B) conduct unsolicited mailings, by postal or electronic means, of student loan application forms to students 

enrolled in secondary schools or postsecondary educational 

institutions, or to the families of such students, except 

that applications may be mailed, by postal or electronic 

means, to students or borrowers who have previously 

received loans guaranteed under this part by the guaranty 

agency; 

‘‘(C) perform, for an institution of higher education 

participating in a program under this title, any function 

that such institution is required to perform under this 

title, except that the guaranty agency may perform functions on behalf of such institution in accordance with section 485(b); 

‘‘(D) pay, on behalf of an institution of higher education, 

another person to perform any function that such institution is required to perform under this title, except that 

the guaranty agency may perform functions on behalf of 

such institution in accordance with section 485(b); or 

‘‘(E) conduct fraudulent or misleading advertising concerning loan availability, terms, or conditions. 

It shall not be a violation of this paragraph for a guaranty 

agency to provide technical assistance to institutions of higher 

education comparable to the technical assistance provided to 

institutions of higher education by the Department.’’. 

(e) INFORMATION REGARDING INCOME-BASED REPAYMENT

PLANS.— 

(1) IN GENERAL.—Section 428(b)(9)(A) (20 U.S.C. 

1078(b)(9)(A)) is amended— 

(A) in clause (iii), by striking ‘‘and’’ after the semicolon; 


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(B) in clause (iv), by striking the period at the end 

and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(v) beginning July 1, 2009, an income-based 

repayment plan that enables a borrower who has a 

partial financial hardship to make a lower monthly 

payment in accordance with section 493C, except that 

the plan described in this clause shall not be available 

to a borrower for a loan under section 428B made 

on behalf of a dependent student or for a consolidation 

loan under section 428C, if the proceeds of such loan 

were used to discharge the liability of a loan under 

section 428B made on behalf of a dependent student.’’. 

(2) CONFORMING AMENDMENT.—Section 428(b)(1)(L)(i) (20 

U.S.C. 1078(b)(1)(L)(i)) is amended by striking ‘‘clause (ii) or 

(iii)’’ and inserting ‘‘clause (ii), (iii), or (v)’’. 

(f) FORBEARANCE INFORMATION REQUIREMENTS IN GUARANTY

AGREEMENTS.—Section 428(c) (20 U.S.C. 1078(c)) is amended— 

(1) in paragraph (2)(H)(i), by striking ‘‘preclaims’’ and 

inserting ‘‘default aversion’’; and 

(2) in paragraph (3)(C)— 

(A) in clause (i), by striking ‘‘and’’ after the semicolon; 

(B) in clause (ii), by striking ‘‘and’’ after the semicolon; 

and 

(C) by inserting after clause (ii) the following: 

‘‘(iii) the lender shall, at the time of granting a 

borrower forbearance, provide information to the borrower to assist the borrower in understanding the 

impact of capitalization of interest on the borrower’s 

loan principal and total amount of interest to be paid 

during the life of the loan; and 

‘‘(iv) the lender shall contact the borrower not less 

often than once every 180 days during the period of 

forbearance to inform the borrower of— 

‘‘(I) the amount of unpaid principal and the 

amount of interest that has accrued since the last 

statement of such amounts provided to the borrower by the lender; 

‘‘(II) the fact that interest will accrue on the 

loan for the period of forbearance; 

‘‘(III) the amount of interest that will be 

capitalized, and the date on which capitalization 

will occur; 

‘‘(IV) the option of the borrower to pay the 

interest that has accrued before the interest is 

capitalized; and 

‘‘(V) the borrower’s option to discontinue the 

forbearance at any time; and’’. 

(g) APPLICABILITY OF USURY LAWS.— 

(1) AMENDMENT.—Section 428(d) (20 U.S.C. 1078(d)) is 

amended by inserting ‘‘and section 207 of the Servicemembers 

Civil Relief Act (50 U.S.C. App. 527)’’ after ‘‘this Act’’. 

(2) CONFORMING AMENDMENT.—Section 438 (20 U.S.C. 

1087–1) is amended by adding at the end the following new 

subsection: 

‘‘(g) SPECIAL RULE.—With respect to any loan made under 

this part for which the interest rate is determined under the 

Deadline. 

Effective date. 


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Servicemembers Civil Relief Act (50 U.S.C. App. 527), the applicable 

interest rate to be subtracted in calculating the special allowance 

for such loan under this section shall be the interest rate determined 

under that Act for such loan.’’. 

(3) EFFECTIVE DATES.—The amendment made by paragraph 

(1) shall take effect on the date of enactment of this Act, 

and the amendment made by paragraph (2) shall take effect 

for loans for which the first disbursement is made on or after 

July 1, 2008. 

(h) REPEAL OF DUPLICATIVE NOTICE REQUIREMENT.—Subsection 

(e) of section 428 (20 U.S.C. 1078(e)) is repealed. 

(i) INFORMATION ON DEFAULTS.—Section 428(k) (20 U.S.C. 

1078(k)) is amended by adding at the end the following: 

‘‘(4) PROVISION OF INFORMATION TO BORROWERS IN

DEFAULT.—Each guaranty agency that has received a default 

claim from a lender regarding a borrower, shall provide the 

borrower in default, on not less than two separate occasions, 

with a notice, in simple and understandable terms, of not 

less than the following information: 

‘‘(A) The options available to the borrower to remove 

the borrower’s loan from default. 

‘‘(B) The relevant fees and conditions associated with 

each option.’’. 

(j) AUTHORITY TO REQUIRE INCOME-BASED REPAYMENT.—Section 428(m) (20 U.S.C. 1078(m)) is amended— 

(1) in the subsection heading, by inserting ‘‘AND INCOMEBASED’’ after ‘‘INCOME CONTINGENT’’; 

(2) in paragraph (1)— 

(A) by inserting ‘‘or income-based repayment plan’’ 

before ‘‘, the terms and conditions’’; and 

(B) by inserting ‘‘or an income-based repayment plan 

under section 493C, as the case may be’’ before the period 

at the end; and 

(3) in the paragraph heading of paragraph (2), by inserting 

‘‘OR INCOME-BASED’’ after ‘‘INCOME CONTINGENT’’. 

SEC. 423. VOLUNTARY FLEXIBLE AGREEMENTS. 

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

at the end the following: 

‘‘(3) REPORT REQUIRED.— 

‘‘(A) IN GENERAL.—The Secretary, in consultation with 

the guaranty agencies operating under voluntary flexible 

agreements, shall report on an annual basis to the authorizing committees regarding the program outcomes that the 

voluntary flexible agreements have had with respect to— 

‘‘(i) program integrity and program and cost efficiencies, delinquency prevention, and default aversion, 

including a comparison of such outcomes to such outcomes for each guaranty agency operating under an 

agreement under subsection (b) or (c) of section 428; 

‘‘(ii) consumer education programs described in section 433A; and 

‘‘(iii) the availability and delivery of student financial aid. 

‘‘(B) CONTENTS.—Each report described in subparagraph (A) shall include— 

20 USC 1078 

note. 


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‘‘(i) a description of each voluntary flexible agreement and the performance goals established by the 

Secretary for each agreement; 

‘‘(ii) a list of— 

‘‘(I) guaranty agencies operating under voluntary flexible agreements; 

‘‘(II) the specific statutory or regulatory 

waivers provided to each such guaranty agency; 

and 

‘‘(III) any other waivers provided to other guaranty agencies under paragraph (1); 

‘‘(iii) a description of the standards by which each 

guaranty agency’s performance under the guaranty 

agency’s voluntary flexible agreement was assessed 

and the degree to which each guaranty agency achieved 

the performance standards; 

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

and the costs and efficiencies achieved under each 

voluntary flexible agreement; and 

‘‘(v) an identification of promising practices for program improvement that could be replicated by other 

guaranty agencies.’’. 

SEC. 424. FEDERAL PLUS LOANS. 

(a) AMENDMENTS.—Section 428B (20 U.S.C. 1078–2) is 

amended— 

(1) in subsection (a)(3)(B)(i), by striking subclause (II) and 

inserting the following: 

‘‘(II) does not otherwise have an adverse credit 

history, as determined by the lender in accordance 

with the regulations promulgated pursuant to paragraph (1)(A), as such regulations were in effect on 

the day before the date of enactment of the Ensuring 

Continued Access to Student Loans Act of 2008.’’; and 

(2) in subsection (d), by striking paragraphs (1) and (2) 

and inserting the following: 

‘‘(1) COMMENCEMENT OF REPAYMENT.—Repayment of principal on loans made under this section shall commence not 

later than 60 days after the date such loan is disbursed by 

the lender, subject to deferral— 

‘‘(A)(i) during any period during which the parent borrower or the graduate or professional student borrower 

meets the conditions required for a deferral under section 

427(a)(2)(C) or 428(b)(1)(M); and 

‘‘(ii) upon the request of the parent borrower, during 

any period during which the student on whose behalf the 

loan was borrowed by the parent borrower meets the conditions required for a deferral under section 427(a)(2)(C)(i)(I) 

or 428(b)(1)(M)(i)(I); and 

‘‘(B)(i) in the case of a parent borrower, upon the 

request of the parent borrower, during the 6-month period 

beginning on the later of— 

‘‘(I) the day after the date the student on whose 

behalf the loan was borrowed ceases to carry at least 

one-half the normal full-time academic workload (as 

determined by the institution); or 

Time period. 

Deadline. 


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‘‘(II) if the parent borrower is also a student, the 

day after the date such parent borrower ceases to 

carry at least one-half such a workload; and 

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

borrower, during the 6-month period beginning on the day 

after the date such student ceases to carry at least onehalf the normal full-time academic workload (as determined 

by the institution). 

‘‘(2) CAPITALIZATION OF INTEREST.— ‘‘(A) IN GENERAL.—Interest on loans made under this 

section for which payments of principal are deferred pursuant to paragraph (1) shall, if agreed upon by the borrower 

and the lender— 

‘‘(i) be paid monthly or quarterly; or 

‘‘(ii) be added to the principal amount of the loan 

not more frequently than quarterly by the lender. 

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

under this paragraph shall not be deemed to exceed the 

annual insurable limit on account of the borrower.’’. 

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

1078(b)(7)(C)) is amended by striking ‘‘section’’ and all that follows 

through ‘‘428C’’ and inserting ‘‘section 428B or 428C’’. 

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

shall take effect for loans for which the first disbursement is made 

on or after July 1, 2008. 

SEC. 425. FEDERAL CONSOLIDATION LOANS. 

(a) ELIGIBLE BORROWER.—Section 428C(a)(3)(B)(i)(V) (20 U.S.C. 

1078–3(a)(3)(B)(i)(V)) is amended— 

(1) in item (aa), by striking ‘‘or’’ after the semicolon; 

(2) in item (bb), by striking the period and inserting ‘‘; 

or’’; and 

(3) by adding at the end the following: 

‘‘(cc) for the purpose of using the no accrual of 

interest for active duty service members benefit offered 

under section 455(o).’’. 

(b) CONSOLIDATION LOAN LENDER AGREEMENTS.— 

(1) IN GENERAL.—Section 428C(b)(1) (20 U.S.C. 1078– 

3(b)(1)) is amended— 

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

semicolon; 

(B) by redesignating subparagraph (F) as subparagraph 

(G); and 

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

‘‘(F) that the lender shall disclose to a prospective 

borrower, in simple and understandable terms, at the time 

the lender provides an application for a consolidation loan— 

‘‘(i) whether consolidation would result in a loss 

of loan benefits under this part or part D, including 

loan forgiveness, cancellation, and deferment; 

‘‘(ii) with respect to Federal Perkins Loans under 

part E— 

‘‘(I) that if a borrower includes a Federal Perkins Loan under part E in the consolidation loan, 

the borrower will lose all interest-free periods that 

would have been available for the Federal Perkins 

Loan, such as— 

20 USC 1078 

note. 


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‘‘(aa) the periods during which no interest 

accrues on such loan while the borrower is 

enrolled in school at least half-time; 

‘‘(bb) the grace period under section 

464(c)(1)(A); and 

‘‘(cc) the periods during which the borrower’s student loan repayments are deferred 

under section 464(c)(2); 

‘‘(II) that if a borrower includes a Federal Perkins Loan in the consolidation loan, the borrower 

will no longer be eligible for cancellation of part 

or all of the Federal Perkins Loan under section 

465(a); and 

‘‘(III) the occupations listed in section 465 that 

qualify for Federal Perkins Loan cancellation 

under section 465(a); 

‘‘(iii) the repayment plans that are available to 

the borrower; 

‘‘(iv) the options of the borrower to prepay the 

consolidation loan, to pay such loan on a shorter 

schedule, and to change repayment plans; 

‘‘(v) that borrower benefit programs for a consolidation loan may vary among different lenders; 

‘‘(vi) the consequences of default on the consolidation loan; and 

‘‘(vii) that by applying for a consolidation loan, 

the borrower is not obligated to agree to take the 

consolidation loan; and’’. 

(2) CONSOLIDATION LOANS.—Section 428C(b)(5) (20 U.S.C. 

1078–3(b)(5)) is amended— 

(A) by inserting after the first sentence the following: 

‘‘In addition, in the event that a borrower chooses to obtain 

a consolidation loan for the purposes of using the no accrual 

of interest for active duty service members program offered 

under section 455(o), the Secretary shall offer a Federal 

Direct Consolidation loan to any such borrower who applies 

for participation in such program.’’; and 

(B) by striking ‘‘Such direct consolidation loan’’ and 

inserting ‘‘A direct consolidation loan offered under this 

paragraph’’. 

(3) CONFORMING AMENDMENT.—Section 455(g) (20 U.S.C. 

1087e(g)) is amended by striking ‘‘section 428C(b)(1)(F)’’ and 

inserting ‘‘section 428C(b)(1)(G)’’. 

(c) TECHNICAL AMENDMENT.—Section 203(b)(2)(C) of the College 

Cost Reduction and Access Act (121 Stat. 794) is amended by 

striking ‘‘the second sentence’’ and inserting ‘‘the third sentence’’. 

(d) INCOME-BASED REPAYMENT.— 

(1) AMENDMENTS.—Section 428C(c) (20 U.S.C. 1078–3(c)) 

is amended— 

(A) in the matter preceding clause (i) of paragraph 

(2)(A)— 

(i) by striking ‘‘or income-sensitive’’ and inserting 

‘‘income-sensitive, or income-based’’; and 

(ii) by inserting ‘‘or income-based’’ after ‘‘such 

income-sensitive’’; and 

(B) in paragraph (3)— 

(i) in subparagraph (A)— 

20 USC 1078–3. 


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(I) by inserting ‘‘except in the case of an 

income-based repayment schedule under section 

493C’’, before ‘‘a repayment’’; and 

(II) by striking ‘‘and’’ after the semicolon; 

(ii) in subparagraph (B), by striking the period 

at the end and inserting ‘‘; and’’; and 

(iii) by adding at the end the following: 

‘‘(C) an income-based repayment schedule under section 493C shall not be available to a consolidation loan 

borrower who used the proceeds of the loan to discharge 

the liability on a loan under section 428B, or a Federal 

Direct PLUS loan, made on behalf of a dependent student.’’. 

(2) EFFECTIVE DATE.—The amendments made by this subsection shall take effect on July 1, 2009. 

(e) EXTENSION OF CONSOLIDATION LOAN AUTHORITY.—Section 

428C(e) (20 U.S.C. 1078–3(e)) is amended by striking ‘‘2012’’ and 

inserting ‘‘2014’’. 

SEC. 426. DEFAULT REDUCTION PROGRAM. 

Section 428F (20 U.S.C. 1078–6) is amended— 

(1) in subsection (a)— 

(A) in paragraph (1)(A), by adding at the end the 

following: ‘‘Upon the sale of the loan to an eligible lender, 

the guaranty agency or other holder of the loan shall 

request any consumer reporting agency to which the guaranty agency or holder, as applicable, reported the default 

of the loan, to remove the record of default from the borrower’s credit history.’’; and 

(B) by adding at the end the following: 

‘‘(5) LIMITATION.—A borrower may obtain the benefits available under this subsection with respect to rehabilitating a 

loan only one time per loan.’’; and 

(2) by adding at the end the following: 

‘‘(c) FINANCIAL AND ECONOMIC LITERACY.—Each program 

described in subsection (b) shall include making available financial 

and economic education materials for a borrower who has rehabilitated a loan.’’. 

SEC. 427. REQUIREMENTS FOR DISBURSEMENT OF STUDENT LOANS. 

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

amended by adding at the end the following: 

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

1, 2011, the special rule under paragraph (3) shall be applied 

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

(b) REQUIREMENTS FOR DISBURSEMENTS TO FIRST YEAR STUDENTS.—Section 428G(b) (20 U.S.C. 1078–7(b)) is amended by 

adding at the end the following: 

‘‘(3) AMENDMENT TO COHORT DEFAULT RATE EXEMPTION.— 

Beginning on October 1, 2011, the exemption to the requirements of paragraph (1) in the second sentence of such paragraph shall be applied by substituting ‘15 percent’ for ‘10 percent’.’’. 

SEC. 428. UNSUBSIDIZED STAFFORD LOAN LIMITS. 

(a) AMENDMENTS.—Section 428H(d) (20 U.S.C. 1078–8(d)) is 

amended— 

(1) in paragraph (2)— 

Effective date. 

Effective date. 

20 USC 

1078–3 note. 


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(A) in the paragraph heading, by striking ‘‘GRADUATE

AND PROFESSIONAL STUDENTS’’ and inserting ‘‘GRADUATE, PROFESSIONAL, AND INDEPENDENT POSTBACCALAUREATE

STUDENTS’’; and 

(B) in subparagraph (A)— 

(i) in the matter preceding clause (i), by inserting 

‘‘, or a student described in clause (ii),’’ after ‘‘graduate 

or professional student’’; and 

(ii) by striking clause (ii) and inserting the following: 

‘‘(ii) notwithstanding paragraph (4), in the case 

of an independent student, or a dependent student 

whose parents are unable to borrow under section 428B 

or the Federal Direct PLUS Loan Program, who has 

obtained a baccalaureate degree and who is enrolled 

in coursework specified in paragraph (3)(B) or (4)(B) 

of section 484(b)— 

‘‘(I) $7,000 for coursework necessary for enrollment in a graduate or professional program; and ‘‘(II) $7,000 for coursework necessary for a 

professional credential or certification from a State 

required for employment as a teacher in an 

elementary or secondary school,’’; and 

(2) in paragraph (4)(A), by striking clause (iii) and inserting 

the following: 

‘‘(iii) in the case of such a student enrolled in 

coursework specified in— ‘‘(I) section 484(b)(3)(B), $6,000; or 

‘‘(II) section 484(b)(4)(B), $7,000.’’. 

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

shall take effect for loans for which the first disbursement is made 

on or after July 1, 2008. 

SEC. 429. LOAN FORGIVENESS FOR TEACHERS EMPLOYED BY EDUCATIONAL SERVICE AGENCIES. 

Section 428J (20 U.S.C. 1078–10) is amended— 

(1) in subsection (b)(1)(A)— 

(A) by inserting ‘‘or location’’ after ‘‘a school’’; and 

(B) by inserting ‘‘or locations’’ after ‘‘schools’’; 

(2) in subsection (c)(1), by striking the second sentence; 

(3) in subsection (c)(3)(B)(iii), by inserting ‘‘or, in the case 

of a teacher who is employed by an educational service agency, 

as certified by the chief administrative officer of such agency,’’ 

after ‘‘borrower is employed,’’; and 

(4) in subsection (g), by striking paragraph (2) and inserting 

the following: 

‘‘(2) PREVENTION OF DOUBLE BENEFITS.—No borrower may, 

for the same service, receive a benefit under both this section 

and— 

‘‘(A) section 428K; 

‘‘(B) section 455(m); 

‘‘(C) section 460; or 

‘‘(D) subtitle D of title I of the National and Community 

Service Act of 1990 (42 U.S.C. 12571 et seq.).’’. 

SEC. 430. LOAN FORGIVENESS FOR SERVICE IN AREAS OF NATIONAL 

NEED. 

Section 428K (20 U.S.C. 1078–11) is amended to read as follows: 

20 USC 

1078–8 note. 


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‘‘SEC. 428K. LOAN FORGIVENESS FOR SERVICE IN AREAS OF NATIONAL 

NEED. 

‘‘(a) PROGRAM AUTHORIZED.— ‘‘(1) LOAN FORGIVENESS AUTHORIZED.—The Secretary shall 

forgive, in accordance with this section, the qualified loan 

amount described in subsection (c) of the student loan obligation 

of a borrower who— 

‘‘(A) is employed full-time in an area of national need, 

as described in subsection (b); and 

‘‘(B) is not in default on a loan for which the borrower 

seeks forgiveness. 

‘‘(2) METHOD OF LOAN FORGIVENESS.—To provide loan 

forgiveness under paragraph (1), the Secretary is authorized 

to carry out a program— 

‘‘(A) through the holder of the loan, to assume the 

obligation to repay a qualified loan amount for a loan 

made, insured, or guaranteed under this part (other than 

an excepted PLUS loan or an excepted consolidation loan 

(as such terms are defined in section 493C(a))); and 

‘‘(B) to cancel a qualified loan amount for a loan made 

under part D of this title (other than an excepted PLUS 

loan or an excepted consolidation loan). 

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

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

‘‘(b) AREAS OF NATIONAL NEED.—For purposes of this section, 

an individual is employed in an area of national need if the individual meets the requirements of one of the following: 

‘‘(1) EARLY CHILDHOOD EDUCATORS.—The individual is 

employed full-time as an early childhood educator. 

‘‘(2) NURSES.—The individual is employed full-time— 

‘‘(A) as a nurse in a clinical setting; or 

‘‘(B) as a member of the nursing faculty at an accredited school of nursing (as those terms are defined in section 

801 of the Public Health Service Act (42 U.S.C. 296)). 

‘‘(3) FOREIGN LANGUAGE SPECIALISTS.—The individual— 

‘‘(A) has obtained a baccalaureate or advanced degree 

in a critical foreign language; and 

‘‘(B) is employed full-time— 

‘‘(i) in an elementary school or secondary school 

as a teacher of a critical foreign language; 

‘‘(ii) in an agency of the United States Government 

in a position that regularly requires the use of such 

critical foreign language; or 

‘‘(iii) in an institution of higher education as a 

faculty member or instructor teaching a critical foreign 

language. 

‘‘(4) LIBRARIANS.—The individual is employed full-time as 

a librarian in— 

‘‘(A) a public library that serves a geographic area 

within which the public schools have a combined average 

of 30 percent or more of the schools’ total student enrollments composed of children meeting a measure of poverty 

under section 1113(a)(5) of the Elementary and Secondary 

Education Act of 1965; or 

‘‘(B) a school that qualifies under section 465(a)(2)(A) 

for loan cancellation for Perkins loan recipients who teach 

in such a school. 


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‘‘(5) HIGHLY QUALIFIED TEACHERS SERVING STUDENTS WHO

ARE LIMITED ENGLISH PROFICIENT, LOW-INCOME COMMUNITIES, 

AND UNDERREPRESENTED POPULATIONS.—The individual— 

‘‘(A) is highly qualified, as such term is defined in 

section 9101 of the Elementary and Secondary Education 

Act of 1965; and 

‘‘(B) is employed full-time— 

‘‘(i) as a teacher educating students who are limited English proficient; 

‘‘(ii) as a teacher in a school that qualifies under 

section 465(a)(2)(A) for loan cancellation for Perkins 

loan recipients who teach in such a school; 

‘‘(iii) as a teacher and is an individual from an 

underrepresented population in the teaching profession, as determined by the Secretary; or 

‘‘(iv) as a teacher in an educational service agency, 

as such term is defined in section 9101 of the 

Elementary and Secondary Education Act of 1965. 

‘‘(6) CHILD WELFARE WORKERS.—The individual— 

‘‘(A) has obtained a degree in social work or a related 

field with a focus on serving children and families; and 

‘‘(B) is employed full-time in public or private child 

welfare services. 

‘‘(7) SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS.— 

The individual— 

‘‘(A) is employed full-time as a speech-language 

pathologist or audiologist in an eligible preschool program 

or a school that qualifies under section 465(a)(2)(A) for 

loan cancellation for Perkins loan recipients who teach 

in such a school; and 

‘‘(B) has, at a minimum, a graduate degree in speechlanguage pathology, audiology, or communication sciences 

and disorders. 

‘‘(8) SCHOOL COUNSELORS.—The individual is employed fulltime as a school counselor (as such term is defined in section 

5421(e) of the Elementary and Secondary Education Act of 

1965), in a school that qualifies under section 465(a)(2)(A) for 

loan cancellation for Perkins loan recipients who teach in such 

a school. 

‘‘(9) PUBLIC SECTOR EMPLOYEES.—The individual is 

employed full-time in— 

‘‘(A) public safety (including as a first responder, firefighter, police officer, or other law enforcement or public 

safety officer); 

‘‘(B) emergency management (including as an emergency medical technician); 

‘‘(C) public health (including full-time professionals 

engaged in health care practitioner occupations and health 

care support occupations, as such terms are defined by 

the Bureau of Labor Statistics); or 

‘‘(D) public interest legal services (including prosecution, public defense, or legal advocacy in low-income 

communities at a nonprofit organization). 

‘‘(10) NUTRITION PROFESSIONALS.—The individual— 

‘‘(A) is a licensed, certified, or registered dietician who 

has completed a degree in a relevant field; and 


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‘‘(B) is employed full-time as a dietician with an agency 

of the special supplemental nutrition program for women, 

infants, and children under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786). 

‘‘(11) MEDICAL SPECIALISTS.—The individual— 

‘‘(A) has received a degree from a medical school at 

an institution of higher education; and 

‘‘(B) has been accepted to, or currently participates 

in, a full-time graduate medical education training program 

or fellowship (or both) to provide health care services (as 

recognized by the Accreditation Council for Graduate Medical Education) that— 

‘‘(i) requires more than five years of total graduate 

medical training; and 

‘‘(ii) has fewer United States medical school graduate applicants than the total number of positions 

available in such program or fellowship. 

‘‘(12) MENTAL HEALTH PROFESSIONALS.—The individual— 

‘‘(A) has not less than a master’s degree in social 

work, psychology, or psychiatry; and 

‘‘(B) is employed full-time providing mental health 

services to children, adolescents, or veterans. 

‘‘(13) DENTISTS.—The individual— 

‘‘(A)(i) has received a degree from an accredited dental 

school (as accredited by the Commission on Dental Accreditation); 

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

‘‘(iii) is employed full-time as a dentist; or 

‘‘(B) is employed full-time as a member of the faculty 

at a program or school accredited by the Commission on 

Dental Accreditation. 

‘‘(14) STEM EMPLOYEES.—The individual is employed fulltime in applied sciences, technology, engineering, or mathematics. 

‘‘(15) PHYSICAL THERAPISTS.—The individual— 

‘‘(A) is a physical therapist; and 

‘‘(B) is employed full-time providing physical therapy 

services to children, adolescents, or veterans. 

‘‘(16) SUPERINTENDENTS, PRINCIPALS, AND OTHER ADMINISTRATORS.—The individual is employed full-time as a school 

superintendent, principal, or other administrator in a local 

educational agency, including in an educational service agency, 

in which 30 percent or more of the schools are schools that 

qualify under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such a school. 

‘‘(17) OCCUPATIONAL THERAPISTS.—The individual is an 

occupational therapist and is employed full-time providing 

occupational therapy services to children, adolescents, or veterans. 

‘‘(c) QUALIFIED LOAN AMOUNT.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), for each school, 

academic, or calendar year of full-time employment in an area 

of national need described in subsection (b) that a borrower 

completes on or after the date of enactment of the Higher 

Education Opportunity Act, the Secretary shall forgive not more 

than $2,000 of the student loan obligation of the borrower 


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that is outstanding after the completion of each such school, 

academic, or calendar year of employment, respectively. 

‘‘(2) MAXIMUM AMOUNT.—The Secretary shall not forgive 

more than $10,000 in the aggregate for any borrower under 

this section, and no borrower shall receive loan forgiveness 

under this section for more than five years of service. 

‘‘(d) PRIORITY.—The Secretary shall grant loan forgiveness 

under this section on a first-come, first-served basis, and subject 

to the availability of appropriations. 

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

be construed to authorize the refunding of any repayment of a 

loan. 

‘‘(f) INELIGIBILITY FOR DOUBLE BENEFITS.—No borrower may, 

for the same service, receive a reduction of loan obligations under 

both this section and section 428J, 428L, 455(m), or 460. 

‘‘(g) DEFINITIONS.—In this section: 

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

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

in audiology from an institution of higher education accredited by an agency or association recognized by the Secretary 

pursuant to section 496(a); and 

‘‘(B)(i) provides audiology services under subsection 

(ll)(2) of section 1861 of the Social Security Act (42 U.S.C. 

1395x(ll)(2)); or 

‘‘(ii) meets or exceeds the qualifications for a qualified 

audiologist under subsection (ll)(4) of such section (42 

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

‘‘(2) EARLY CHILDHOOD EDUCATOR.—The term ‘early childhood educator’ means an individual who— 

‘‘(A) works directly with children in an eligible preschool program or eligible early childhood education program in a low-income community; 

‘‘(B) is involved directly in the care, development, and 

education of infants, toddlers, or young children age five 

and under; and 

‘‘(C) has completed a baccalaureate or advanced degree 

in early childhood development or early childhood education, or in a field related to early childhood education. 

‘‘(3) ELIGIBLE PRESCHOOL PROGRAM.—The term ‘eligible preschool program’ means a program that— 

‘‘(A) provides for the care, development, and education 

of infants, toddlers, or young children age five and under; 

‘‘(B) meets any applicable State or local government 

licensing, certification, approval, and registration requirements, and 

‘‘(C) is operated by— 

‘‘(i) a public or private school that is supported, 

sponsored, supervised, or administered by a local educational agency; 

‘‘(ii) a Head Start agency serving as a grantee 

designated under the Head Start Act (42 U.S.C. 9831 

et seq.); 

‘‘(iii) a nonprofit or community based organization; 

or 

‘‘(iv) a child care program, including a home. 


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‘‘(4) ELIGIBLE EARLY CHILDHOOD EDUCATION PROGRAM.— The term ‘eligible early childhood education program’ means— 

‘‘(A) a family child care program, center-based child 

care program, State prekindergarten program, school program, or other out-of-home early childhood development 

care program, that— 

‘‘(i) is licensed or regulated by the State; and 

‘‘(ii) serves two or more unrelated children who 

are not old enough to attend kindergarten; 

‘‘(B) a Head Start Program carried out under the Head 

Start Act (42 U.S.C. 9831 et seq.); or 

‘‘(C) an Early Head Start Program carried out under 

section 645A of the Head Start Act (42 U.S.C. 9840a). 

‘‘(5) LOW-INCOME COMMUNITY.—The term ‘low-income 

community’ means a school attendance area (as defined in 

section 1113(a)(2)(A) of the Elementary and Secondary Education Act of 1965)— 

‘‘(A) in which 70 percent of households earn less than 

85 percent of the State median household income; or 

‘‘(B) that includes a school that qualifies under section 

465(a)(2)(A) for loan cancellation for Perkins loan recipients 

who teach in such a school. 

‘‘(6) NURSE.—The term ‘nurse’ means a nurse who meets 

all of the following: 

‘‘(A) The nurse graduated from— 

‘‘(i) an accredited school of nursing (as those terms 

are defined in section 801 of the Public Health Service 

Act (42 U.S.C. 296)); 

‘‘(ii) a nursing center; or 

‘‘(iii) an academic health center that provides nurse 

training. 

‘‘(B) The nurse holds a valid and unrestricted license 

to practice nursing in the State in which the nurse practices 

in a clinical setting. 

‘‘(C) The nurse holds one or more of the following: 

‘‘(i) A graduate degree in nursing, or an equivalent 

degree. 

‘‘(ii) A nursing degree from a collegiate school of 

nursing (as defined in section 801 of the Public Health 

Service Act (42 U.S.C. 296)). 

‘‘(iii) A nursing degree from an associate degree 

school of nursing (as defined in such section). 

‘‘(iv) A nursing degree from a diploma school of 

nursing (as defined in such section). 

‘‘(7) OCCUPATIONAL THERAPIST.—The term ‘occupational 

therapist’ means an individual who— 

‘‘(A) has received, at a minimum, a baccalaureate 

degree in occupational therapy from an institution of higher 

education accredited by an agency or association recognized 

by the Secretary pursuant to section 496(a); and 

‘‘(B)(i) provides occupational therapy services under 

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

1395x(g)); or 

‘‘(ii) meets or exceeds the qualifications for a qualified 

occupational therapist, as determined by State law. 

‘‘(8) PHYSICAL THERAPIST.—The term ‘physical therapist’ 

means an individual who— 


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

in physical therapy from an institution of higher education 

accredited by an agency or association recognized by the 

Secretary pursuant to section 496(a); and 

‘‘(B)(i) provides physical therapy services under section 

1861(p) of the Social Security Act (42 U.S.C. 1395x(p)); 

or 

‘‘(ii) meets or exceeds the qualifications for a qualified 

physical therapist, as determined by State law. 

‘‘(9) SPEECH-LANGUAGE PATHOLOGIST.—The term ‘speechlanguage pathologist’ means a speech-language pathologist 

who— 

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

in speech-language pathology or communication sciences 

and disorders from an institution of higher education 

accredited by an agency or association recognized by the 

Secretary pursuant to section 496(a); and 

‘‘(B) provides speech-language pathology services under 

section 1861(ll)(1) of the Social Security Act (42 U.S.C. 

1395x(ll)(1)), or meets or exceeds the qualifications for a 

qualified speech-language pathologist under subsection 

(ll)(3) of such section (42 U.S.C. 1395x(ll)(3)). 

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

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

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

fiscal years to provide loan forgiveness in accordance with this 

section.’’. 

SEC. 431. LOAN REPAYMENT FOR CIVIL LEGAL ASSISTANCE ATTORNEYS. 

Part B of title IV (20 U.S.C. 1071 et seq.) is amended by 

inserting after section 428K the following: 

‘‘SEC. 428L. LOAN REPAYMENT FOR CIVIL LEGAL ASSISTANCE ATTORNEYS. 

‘‘(a) PURPOSE.—The purpose of this section is to encourage 

qualified individuals to enter and continue employment as civil 

legal assistance attorneys. 

‘‘(b) DEFINITIONS.—In this section: 

‘‘(1) CIVIL LEGAL ASSISTANCE ATTORNEY.—The term ‘civil 

legal assistance attorney’ means an attorney who— 

‘‘(A) is a full-time employee of— 

‘‘(i) a nonprofit organization that provides legal 

assistance with respect to civil matters to low-income 

individuals without a fee; or 

‘‘(ii) a protection and advocacy system or client 

assistance program that provides legal assistance with 

respect to civil matters and receives funding under— 

‘‘(I) subtitle C of title I of the Developmental 

Disabilities Assistance and Bill of Rights Act of 

2000 (42 U.S.C. 15041 et seq.); 

‘‘(II) section 112 or 509 of the Rehabilitation 

Act of 1973 (29 U.S.C. 732, 794e); 

‘‘(III) part A of title I of the Protection and 

Advocacy for Individuals with Mental Illness Act 

(42 U.S.C. 10801 et seq.); 

‘‘(IV) section 5 of the Assistive Technology Act 

of 1998 (29 U.S.C. 3004); 

20 USC 1078–12. 


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‘‘(V) section 1150 of the Social Security Act 

(42 U.S.C. 1320b–21); 

‘‘(VI) section 1253 of the Public Health Service 

Act (42 U.S.C. 300d–53); or 

‘‘(VII) section 291 of the Help America Vote 

Act of 2002 (42 U.S.C. 15461); 

‘‘(B) as such employee, provides civil legal assistance 

as described in subparagraph (A) on a full-time basis; and 

‘‘(C) is continually licensed to practice law. 

‘‘(2) STUDENT LOAN.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(B), the term ‘student loan’ means— 

‘‘(i) subject to clause (ii), a loan made, insured, 

or guaranteed under this part, part D, or part E; 

and 

‘‘(ii) a loan made under section 428C or 455(g), 

to the extent that such loan was used to repay— 

‘‘(I) a Federal Direct Stafford Loan, a Federal 

Direct Unsubsidized Stafford Loan, or a Federal 

Direct PLUS Loan; 

‘‘(II) a loan made under section 428, 428B, 

or 428H; or 

‘‘(III) a loan made under part E. 

‘‘(B) EXCLUSION OF PARENT PLUS LOANS.—The term 

‘student loan’ does not include any of the following loans: 

‘‘(i) A loan made to the parents of a dependent 

student under section 428B. 

‘‘(ii) A Federal Direct PLUS Loan made to the 

parents of a dependent student. 

‘‘(iii) A loan made under section 428C or 455(g), 

to the extent that such loan was used to repay— 

‘‘(I) a loan made to the parents of a dependent 

student under section 428B; or 

‘‘(II) a Federal Direct PLUS Loan made to 

the parents of a dependent student. 

‘‘(c) PROGRAM AUTHORIZED.—From amounts appropriated under 

subsection (i) for a fiscal year, the Secretary shall carry out a 

program of assuming the obligation to repay a student loan, by 

direct payments on behalf of a borrower to the holder of such 

loan, in accordance with subsection (d), for any borrower who— 

‘‘(1) is employed as a civil legal assistance attorney; and 

‘‘(2) is not in default on a loan for which the borrower 

seeks repayment. 

‘‘(d) TERMS OF AGREEMENT.— 

‘‘(1) IN GENERAL.—To be eligible to receive repayment benefits under subsection (c), a borrower shall enter into a written 

agreement with the Secretary that specifies that— 

‘‘(A) the borrower will remain employed as a civil legal 

assistance attorney for a required period of service of not 

less than three years, unless involuntarily separated from 

that employment; 

‘‘(B) if the borrower is involuntarily separated from 

employment on account of misconduct, or voluntarily separates from employment, before the end of the period specified in the agreement, the borrower will repay the Secretary 

the amount of any benefits received by such employee 

under this agreement; 


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‘‘(C) if the borrower is required to repay an amount 

to the Secretary under subparagraph (B) and fails to repay 

such amount, a sum equal to that amount shall be recoverable by the Federal Government from the employee by 

such methods as are provided by law for the recovery 

of amounts owed to the Federal Government; 

‘‘(D) the Secretary may waive, in whole or in part, 

a right of recovery under this subsection if it is shown 

that recovery would be contrary to the public interest; 

and 

‘‘(E) the Secretary shall make student loan payments 

under this section for the period of the agreement, subject 

to the availability of appropriations. 

‘‘(2) REPAYMENTS.— ‘‘(A) IN GENERAL.—Any amount repaid by, or recovered 

from, an individual under this subsection shall be credited 

to the appropriation account from which the amount 

involved was originally paid. 

‘‘(B) MERGER.—Any amount credited under subparagraph (A) shall be merged with other sums in such account 

and shall be available for the same purposes and period, 

and subject to the same limitations, if any, as the sums 

with which the amount was merged. 

‘‘(3) LIMITATIONS.— 

‘‘(A) STUDENT LOAN PAYMENT AMOUNT.—Student loan 

repayments made by the Secretary under this section shall 

be made subject to such terms, limitations, or conditions 

as may be mutually agreed upon by the borrower and 

the Secretary in an agreement under paragraph (1), except 

that the amount paid by the Secretary under this section 

shall not exceed— 

‘‘(i) $6,000 for any borrower in any calendar year; 

or 

‘‘(ii) an aggregate total of $40,000 in the case of 

any borrower. 

‘‘(B) BEGINNING OF PAYMENTS.—Nothing in this section 

shall authorize the Secretary to pay any amount to 

reimburse a borrower for any repayments made by such 

borrower prior to the date on which the Secretary entered 

into an agreement with the borrower under this subsection. 

‘‘(e) ADDITIONAL AGREEMENTS.— 

‘‘(1) IN GENERAL.—On completion of the required period 

of service under an agreement under subsection (d), the borrower and the Secretary may, subject to paragraph (2), enter 

into an additional agreement in accordance with subsection 

(d). 

‘‘(2) TERM.—An agreement entered into under paragraph 

(1) may require the borrower to remain employed as a civil 

legal assistance attorney for less than three years. 

‘‘(f) AWARD BASIS; PRIORITY.— 

‘‘(1) AWARD BASIS.—Subject to paragraph (2), the Secretary 

shall provide repayment benefits under this section on a firstcome, first-served basis, and subject to the availability of appropriations. 

‘‘(2) PRIORITY.—The Secretary shall give priority in providing repayment benefits under this section in any fiscal year 

to a borrower who— 

Waiver authority. 


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‘‘(A) has practiced law for five years or less and, for 

not less than 90 percent of the time in such practice, 

has served as a civil legal assistance attorney; 

‘‘(B) received repayment benefits under this section 

during the preceding fiscal year; and 

‘‘(C) has completed less than three years of the first 

required period of service specified for the borrower in 

an agreement entered into under subsection (d). 

‘‘(g) INELIGIBILITY FOR DOUBLE BENEFITS.—No borrower may, 

for the same service, receive a reduction of loan obligations under 

both this section and section 428K or 455(m). 

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

regulations as may be necessary to carry out this section. 

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

to be appropriated to carry out this section $10,000,000 for fiscal 

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

five succeeding fiscal years.’’. 

SEC. 432. REPORTS TO CONSUMER REPORTING AGENCIES AND 

INSTITUTIONS OF HIGHER EDUCATION. 

(a) IN GENERAL.—Section 430A (20 U.S.C. 1080a) is amended— 

(1) in the section heading, by striking ‘‘CREDIT BUREAUS’’ 

and inserting ‘‘CONSUMER REPORTING AGENCIES’’; 

(2) in subsection (a)— 

(A) in the matter preceding paragraph (1)— 

(i) in the first sentence— 

(I) by striking ‘‘the Secretary,’’ and inserting 

‘‘the Secretary and’’; and 

(II) by striking ‘‘agreements with credit bureau 

organizations’’ and inserting ‘‘an agreement with 

each consumer reporting agency’’; 

(ii) in the second sentence— 

(I) by striking ‘‘such organizations’’ each place 

the term occurs and inserting ‘‘such consumer 

reporting agencies’’; and 

(II) by striking ‘‘insurance), by’’ and inserting 

‘‘insurance) or by’’; and 

(iii) in the third sentence— 

(I) by striking ‘‘Secretary,’’ and inserting ‘‘Secretary or’’; and 

(II) by striking ‘‘organizations’’ and inserting 

‘‘consumer reporting agencies’’; 

(B) by redesignating paragraphs (1), (2), and (3) as 

paragraphs (2), (4), and (5), respectively; 

(C) by inserting before paragraph (2) (as redesignated 

by subparagraph (B)), the following: 

‘‘(1) that the loan is an education loan (as such term is 

defined in section 151);’’; and 

(D) by inserting after paragraph (2) (as redesignated 

by subparagraph (B)) the following: 

‘‘(3) information concerning the repayment status of the 

loan for inclusion in the file of the borrower, except that nothing 

in this subsection shall be construed to affect any otherwise 

applicable provision of the Fair Credit Reporting Act (15 U.S.C. 

1681 et seq.);’’; 

(3) in subsection (b)— 


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(A) by striking ‘‘organizations’’ and inserting ‘‘consumer 

reporting agencies’’; and 

(B) by striking ‘‘subsection (a)(2)’’ and inserting ‘‘subsection (a)(4)’’; 

(4) in subsection (c)— 

(A) in paragraph (2), by striking ‘‘organizations’’ and 

inserting ‘‘consumer reporting agencies’’; and 

(B) in paragraph (4)— 

(i) by striking ‘‘subsection (a)(2)’’ and inserting 

‘‘subsection (a)(4)’’; and 

(ii) in subparagraph (A), by striking ‘‘credit bureau 

organizations’’ and inserting ‘‘consumer reporting agencies’’; and 

(5) in subsection (d), by striking ‘‘credit bureau organization’’ and inserting ‘‘consumer reporting agency’’. 

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

seq.) is further amended— 

(1) in section 427(a)(2)(G) (20 U.S.C. 1077(a)(2)(G))— 

(A) in clause (i), by striking ‘‘credit bureau organizations’’ and inserting ‘‘consumer reporting agencies’’; and 

(B) in clause (ii), by striking ‘‘organizations’’ and 

inserting ‘‘consumer reporting agencies’’; 

(2) in section 428(c)(3)(A)(iii) (20 U.S.C. 1078(c)(3)(A)(iii)), 

by striking ‘‘credit bureau organization’’ and inserting ‘‘consumer reporting agency’’; 

(3) in section 428C(b)(4)(E) (20 U.S.C. 1078–3(b)(4)(E))— 

(A) in clause (i), by striking ‘‘credit bureau organizations’’ and inserting ‘‘consumer reporting agencies’’; and 

(B) in clause (ii), by striking ‘‘organizations’’ and 

inserting ‘‘consumer reporting agencies’’; 

(4) in section 437(c)(5) (20 U.S.C. 1087(c)(5)), by striking 

‘‘credit bureaus’’ and inserting ‘‘consumer reporting agencies’’; 

(5) in section 463(c) (20 U.S.C. 1087cc(c))— 

(A) in the subsection heading, by striking ‘‘CREDIT

BUREAU ORGANIZATIONS’’ and inserting ‘‘CONSUMER

REPORTING AGENCIES’’; 

(B) in paragraph (1), by striking ‘‘credit bureau 

organizations’’ and inserting ‘‘consumer reporting agencies’’; 

(C) in paragraph (2), by striking ‘‘organizations’’ and 

inserting ‘‘consumer reporting agencies’’; 

(D) in paragraph (4)(A), by striking ‘‘credit bureau 

organization’’ each place the term occurs and inserting 

‘‘consumer reporting agency’’; and 

(E) in paragraph (5)— 

(i) by striking ‘‘credit bureau organizations’’ and 

inserting ‘‘consumer reporting agencies’’; and 

(ii) by striking ‘‘such organizations’’ and inserting 

‘‘such consumer reporting agencies’’; 

(6) in section 463A(a)(11) (20 U.S.C. 1087cc–1(a)(11)), by 

striking ‘‘credit bureau or credit’’ and inserting ‘‘consumer’’; 

and 

(7) in section 464 (20 U.S.C. 10877dd)— 

(A) in subsection (c)(1)(I), by striking ‘‘credit bureau 

organizations’’ and inserting ‘‘consumer reporting agencies’’; 

and 

(B) in subsection (h)(1)(A), by striking ‘‘credit bureau 

organization or credit’’ and inserting ‘‘consumer’’. 

20 USC 1087dd. 


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SEC. 433. LEGAL POWERS AND RESPONSIBILITIES. 

(a) SETTLEMENT OF CLAIMS.—Section 432(b) (20 U.S.C. 1082(b)) 

is amended by adding at the end the following: ‘‘The Secretary 

may not enter into any settlement of any claim under this title 

that exceeds $1,000,000 unless— 

‘‘(1) the Secretary requests a review of the proposed settlement of such claim by the Attorney General; and 

‘‘(2) the Attorney General responds to such request, which 

may include, at the Attorney General’s discretion, a written 

opinion related to such proposed settlement.’’. 

(b) COMMON FORMS AND FORMATS.—Section 432(m)(1)(D)(i) (20 

U.S.C. 1082(m)(1)(D)(i)) is amended by adding at the end the following: ‘‘Unless otherwise notified by the Secretary, each institution 

of higher education that participates in the program under this 

part or part D may use a master promissory note for loans under 

this part and part D.’’. 

SEC. 434. STUDENT LOAN INFORMATION BY ELIGIBLE LENDERS. 

(a) AMENDMENT.—Section 433 (20 U.S.C. 1083) is amended 

to read as follows: 

‘‘SEC. 433. STUDENT LOAN INFORMATION BY ELIGIBLE LENDERS. 

‘‘(a) REQUIRED DISCLOSURE BEFORE DISBURSEMENT.—Each 

eligible lender, at or prior to the time such lender disburses a 

loan that is insured or guaranteed under this part (other than 

a loan made under section 428C), shall provide thorough and 

accurate loan information on such loan to the borrower in simple 

and understandable terms. Any disclosure required by this subsection may be made by an eligible lender by written or electronic 

means, including as part of the application material provided to 

the borrower, as part of the promissory note evidencing the loan, 

or on a separate written form provided to the borrower. Each 

lender shall provide to each borrower a telephone number, and 

may provide an electronic address, through which additional loan 

information can be obtained. The disclosure shall include— 

‘‘(1) a statement prominently and clearly displayed and 

in bold print that the borrower is receiving a loan that must 

be repaid; 

‘‘(2) the name of the eligible lender, and the address to 

which communications and payments should be sent; 

‘‘(3) the principal amount of the loan; 

‘‘(4) the amount of any charges, such as the origination 

fee and Federal default fee, and whether those fees will be— 

‘‘(A) collected by the lender at or prior to the disbursal 

of the loan; 

‘‘(B) deducted from the proceeds of the loan; 

‘‘(C) paid separately by the borrower; or 

‘‘(D) paid by the lender; 

‘‘(5) the stated interest rate on the loan; 

‘‘(6) for loans made under section 428H or to a student 

borrower under section 428B, an explanation— 

‘‘(A) that the borrower has the option to pay the 

interest that accrues on the loan while the borrower is 

a student at an institution of higher education; and 

‘‘(B) if the borrower does not pay such interest while 

attending an institution, when and how often interest on 

the loan will be capitalized; 


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‘‘(7) for loans made to a parent borrower on behalf of 

a student under section 428B, an explanation— 

‘‘(A) that the parent has the option to defer payment 

on the loan while the student is enrolled on at least a 

half-time basis in an institution of higher education; 

‘‘(B) if the parent does not pay the interest on the 

loan while the student is enrolled in an institution, when 

and how often interest on the loan will be capitalized; 

and 

‘‘(C) that the parent may be eligible for a deferment 

on the loan if the parent is enrolled on at least a halftime basis in an institution of higher education; 

‘‘(8) the yearly and cumulative maximum amounts that 

may be borrowed; 

‘‘(9) a statement of the total cumulative balance, including 

the loan being disbursed, owed by the borrower to that lender, 

and an estimate of the projected monthly payment, given such 

cumulative balance; 

‘‘(10) an explanation of when repayment of the loan will 

be required and when the borrower will be obligated to pay 

interest that accrues on the loan; 

‘‘(11) a description of the types of repayment plans that 

are available for the loan; 

‘‘(12) a statement as to the minimum and maximum repayment terms which the lender may impose, and the minimum 

annual payment required by law; 

‘‘(13) an explanation of any special options the borrower 

may have for loan consolidation or other refinancing of the 

loan; 

‘‘(14) a statement that the borrower has the right to prepay 

all or part of the loan, at any time, without penalty; 

‘‘(15) a statement summarizing circumstances in which 

repayment of the loan or interest that accrues on the loan 

may be deferred; 

‘‘(16) a statement summarizing the circumstances in which 

a borrower may obtain forbearance on the loan; 

‘‘(17) a description of the options available for forgiveness 

of the loan, and the requirements to obtain loan forgiveness; 

‘‘(18) a definition of default and the consequences to the 

borrower if the borrower defaults, including a statement that 

the default will be reported to a consumer reporting agency; 

and 

‘‘(19) an explanation of any cost the borrower may incur 

during repayment or in the collection of the loan, including 

fees that the borrower may be charged, such as late payment 

fees and collection costs. 

‘‘(b) REQUIRED DISCLOSURE BEFORE REPAYMENT.—Each eligible 

lender shall, at or prior to the start of the repayment period on 

a loan made, insured, or guaranteed under section 428, 428B, 

or 428H, disclose to the borrower by written or electronic means 

the information required under this subsection in simple and understandable terms. Each eligible lender shall provide to each borrower 

a telephone number, and may provide an electronic address, through 

which additional loan information can be obtained. The disclosure 

required by this subsection shall be made not less than 30 days 

nor more than 150 days before the first payment on the loan 

is due from the borrower. The disclosure shall include— 

Deadlines. 


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‘‘(1) the name of the eligible lender or loan servicer, and 

the address to which communications and payments should 

be sent; 

‘‘(2) the scheduled date upon which the repayment period 

is to begin or the deferment period under section 428B(d)(1) 

is to end, as applicable; 

‘‘(3) the estimated balance owed by the borrower on the 

loan or loans covered by the disclosure (including, if applicable, 

the estimated amount of interest to be capitalized) as of the 

scheduled date on which the repayment period is to begin 

or the deferment period under 428B(d)(1) is to end, as 

applicable; 

‘‘(4) the stated interest rate on the loan or loans, or the 

combined interest rate of loans with different stated interest 

rates; 

‘‘(5) information on loan repayment benefits offered for 

the loan or loans, including— 

‘‘(A) whether the lender offers any benefits that are 

contingent on the repayment behavior of the borrower, 

such as— 

‘‘(i) a reduction in interest rate if the borrower 

repays the loan by automatic payroll or checking 

account deduction; 

‘‘(ii) a reduction in interest rate if the borrower 

makes a specified number of on-time payments; and 

‘‘(iii) other loan repayment benefits for which the 

borrower could be eligible that would reduce the 

amount of repayment or the length of the repayment 

period; 

‘‘(B) if the lender provides a loan repayment benefit— 

‘‘(i) any limitations on such benefit; 

‘‘(ii) explicit information on the reasons a borrower 

may lose eligibility for such benefit; 

‘‘(iii) for a loan repayment benefit that reduces 

the borrower’s interest rate— 

‘‘(I) examples of the impact the interest rate 

reduction would have on the length of the borrower’s repayment period and the amount of repayment; and 

‘‘(II) upon the request of the borrower, the 

effect the reduction in interest rate would have 

with respect to the borrower’s payoff amount and 

time for repayment; and 

‘‘(iv) whether and how the borrower can regain 

eligibility for a benefit if a borrower loses a benefit; 

‘‘(6) a description of all the repayment plans that are available to the borrower and a statement that the borrower may 

change from one plan to another during the period of repayment; 

‘‘(7) the repayment schedule for all loans covered by the 

disclosure, including— 

‘‘(A) the date the first installment is due; and 

‘‘(B) the number, amount, and frequency of required 

payments, which shall be based on a standard repayment 

plan or, in the case of a borrower who has selected another 

repayment plan, on the repayment plan selected by the 

borrower; 


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‘‘(8) an explanation of any special options the borrower 

may have for loan consolidation or other refinancing of the 

loan and of the availability and terms of such other options; 

‘‘(9) except as provided in subsection (d)— 

‘‘(A) the projected total of interest charges which the 

borrower will pay on the loan or loans, assuming that 

the borrower makes payments exactly in accordance with 

the repayment schedule; and 

‘‘(B) if the borrower has already paid interest on the 

loan or loans, the amount of interest paid; 

‘‘(10) the nature of any fees which may accrue or be charged 

to the borrower during the repayment period; 

‘‘(11) a statement that the borrower has the right to prepay 

all or part of the loan or loans covered by the disclosure at 

any time without penalty; 

‘‘(12) a description of the options by which the borrower 

may avoid or be removed from default, including any relevant 

fees associated with such options; and 

‘‘(13) additional resources, including nonprofit organizations, advocates, and counselors (including the Student Loan 

Ombudsman of the Department) of which the lender is aware, 

where borrowers may receive advice and assistance on loan 

repayment. 

‘‘(c) SEPARATE NOTIFICATION.—Each eligible lender shall, at 

the time such lender notifies a borrower of approval of a loan 

which is insured or guaranteed under this part, provide the borrower with a separate notification which summarizes, in simple 

and understandable terms, the rights and responsibilities of the 

borrower with respect to the loan, including a statement of the 

consequences of defaulting on the loan and a statement that each 

borrower who defaults will be reported to a consumer reporting 

agency. The requirement of this subsection shall be in addition 

to the information required by subsection (a) of this section. 

‘‘(d) SPECIAL DISCLOSURE RULES ON PLUS LOANS, AND UNSUBSIDIZED LOANS.—Loans made under sections 428B and 428H shall 

not be subject to the disclosure of projected monthly payment 

amounts required under subsection (b)(7) if the lender, in lieu 

of such disclosure, provides the borrower with sample projections 

of monthly repayment amounts, assuming different levels of borrowing and interest accruals resulting from capitalization of interest 

while the borrower, or the student on whose behalf the loan is 

made, is in school, in simple and understandable terms. Such 

sample projections shall disclose the cost to the borrower of— 

‘‘(1) capitalizing the interest; and 

‘‘(2) paying the interest as the interest accrues. 

‘‘(e) REQUIRED DISCLOSURES DURING REPAYMENT.— 

‘‘(1) PERTINENT INFORMATION ABOUT A LOAN PROVIDED ON

A PERIODIC BASIS.—Each eligible lender shall provide the borrower of a loan made, insured, or guaranteed under this part 

with a bill or statement (as applicable) that corresponds to 

each payment installment time period in which a payment 

is due and that includes, in simple and understandable terms— 

‘‘(A) the original principal amount of the borrower’s 

loan; 

‘‘(B) the borrower’s current balance, as of the time 

of the bill or statement, as applicable; 

‘‘(C) the interest rate on such loan; 


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‘‘(D) the total amount the borrower has paid in interest 

on the loan; 

‘‘(E) the aggregate amount the borrower has paid for 

the loan, including the amount the borrower has paid in 

interest, the amount the borrower has paid in fees, and 

the amount the borrower has paid against the balance; 

‘‘(F) a description of each fee the borrower has been 

charged for the most recently preceding installment time 

period; 

‘‘(G) the date by which the borrower needs to make 

a payment in order to avoid additional fees and the amount 

of such payment and the amount of such fees; 

‘‘(H) the lender’s or loan servicer’s address and tollfree phone number for payment and billing error purposes; 

and 

‘‘(I) a reminder that the borrower has the option to 

change repayment plans, a list of the names of the repayment plans available to the borrower, a link to the appropriate page of the Department’s website to obtain a more 

detailed description of the repayment plans, and directions 

for the borrower to request a change in repayment plan. 

‘‘(2) INFORMATION PROVIDED TO A BORROWER HAVING DIFFICULTY MAKING PAYMENTS.—Each eligible lender shall provide 

to a borrower who has notified the lender that the borrower 

is having difficulty making payments on a loan made, insured, 

or guaranteed under this part with the following information 

in simple and understandable terms: 

‘‘(A) A description of the repayment plans available 

to the borrower, including how the borrower should request 

a change in repayment plan. 

‘‘(B) A description of the requirements for obtaining 

forbearance on a loan, including expected costs associated 

with forbearance. 

‘‘(C) A description of the options available to the borrower to avoid defaulting on the loan, and any relevant 

fees or costs associated with such options. 

‘‘(3) REQUIRED DISCLOSURES DURING DELINQUENCY.—Each 

eligible lender shall provide to a borrower who is 60 days 

delinquent in making payments on a loan made, insured, or 

guaranteed under this part with a notice, in simple and understandable terms, of the following: 

‘‘(A) The date on which the loan will default if no 

payment is made. 

‘‘(B) The minimum payment the borrower must make 

to avoid default. 

‘‘(C) A description of the options available to the borrower to avoid default, and any relevant fees or costs 

associated with such options, including a description of 

deferment and forbearance and the requirements to obtain 

each. 

‘‘(D) Discharge options to which the borrower may be 

entitled. 

‘‘(E) Additional resources, including nonprofit organizations, advocates, and counselors (including the Student 

Loan Ombudsman of the Department), of which the lender 

is aware, where the borrower can receive advice and assistance on loan repayment. 


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‘‘(f) COST OF DISCLOSURE AND CONSEQUENCES OF NONDISCLOSURE.— 

‘‘(1) NO COST TO BORROWERS.—The information required 

under this section shall be available without cost to the borrower. 

‘‘(2) CONSEQUENCES OF NONDISCLOSURE.—The failure of an 

eligible lender to provide information as required by this section 

shall not— 

‘‘(A) relieve a borrower of the obligation to repay a 

loan in accordance with the loan’s terms; or 

‘‘(B) provide a basis for a claim for civil damages. 

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

be construed as subjecting the lender to the Truth in Lending 

Act with regard to loans made under this part. 

‘‘(4) ACTIONS BY THE SECRETARY.—The Secretary may limit, 

suspend, or terminate the continued participation of an eligible 

lender in making loans under this part for failure by that 

lender to comply with this section.’’. 

(b) EFFECTIVE DATES.— 

(1) REGULAR DISCLOSURE REQUIREMENTS AND DISCLOSURE

REQUIREMENTS TO BORROWERS HAVING DIFFICULTY MAKING PAYMENTS.—Paragraphs (1) and (2) of section 433(e) of the Higher 

Education Act of 1965, as amended by subsection (a), shall 

apply with respect to loans for which the first payment is 

due on or after July 1, 2009. 

(2) DISCLOSURE REQUIREMENTS FOR BORROWERS WITH

DELINQUENT LOANS.—Section 433(e)(3) of the Higher Education 

Act of 1965, as amended by subsection (a), shall apply with 

respect to loans that become delinquent on or after July 1, 

2009. 

SEC. 435. CONSUMER EDUCATION INFORMATION. 

Part B (20 U.S.C. 1071 et seq.) is amended by inserting after 

section 433 (20 U.S.C. 1083) the following: 

‘‘SEC. 433A. CONSUMER EDUCATION INFORMATION. 

‘‘(a) IN GENERAL.—Each guaranty agency participating in a 

program under this part, working with the institutions of higher 

education served by such guaranty agency, shall develop and make 

available high-quality educational programs and materials to provide training for students and families in budgeting and financial 

management, including debt management and other aspects of 

financial literacy, such as the cost of using high interest loans 

to pay for postsecondary education, particularly as budgeting and 

financial management relates to student loan programs authorized 

by this title. Such programs and materials shall be in formats 

that are simple and understandable to students and families, and 

shall be provided before, during, and after the students’ enrollment 

in an institution of higher education. The activities described in 

this section shall be considered default reduction activities for the 

purposes of section 422. 

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

be construed to prohibit— 

‘‘(1) a guaranty agency from using existing activities, programs, and materials in meeting the requirements of this section; 

20 USC 1083a. 

20 USC 1083 

note. 


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‘‘(2) a guaranty agency from providing programs or materials similar to the programs or materials described in subsection (a) to an institution of higher education that provides 

loans exclusively through part D; or 

‘‘(3) a lender or loan servicer from providing outreach or 

financial aid literacy information in accordance with subsection 

(a).’’. 

SEC. 436. DEFINITIONS OF ELIGIBLE INSTITUTION AND ELIGIBLE 

LENDER. 

(a) PARTICIPATION RATE INDEX.— (1) AMENDMENTS.—Section 435(a) (20 U.S.C. 1085(a)) is 

amended— 

(A) in paragraph (2)— 

(i) in subparagraph (A)(ii), by striking ‘‘paragraph 

(4)’’ and inserting ‘‘paragraph (5)’’; and 

(ii) in subparagraph (B)— 

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

and 

(II) by striking clause (iii) and inserting the 

following: 

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

year 2011; and 

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

(B) by redesignating paragraph (6) as paragraph (8), 

and redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively; 

(C) by inserting after paragraph (2) the following new 

paragraph: 

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

whose cohort default rate, calculated in accordance with subsection (m), is equal to or greater than the threshold percentage 

specified in paragraph (2)(B)(iv) for any two consecutive fiscal 

years may, not later than 30 days after the date the institution 

receives notification from the Secretary, file an appeal demonstrating exceptional mitigating circumstances, as defined in 

paragraph (5). The Secretary shall issue a decision on any 

such appeal not later than 45 days after the date of submission 

of the appeal. If the Secretary determines that the institution 

demonstrates exceptional mitigating circumstances, the Secretary may not subject the institution to provisional certification 

based solely on the institution’s cohort default rate.’’; 

(D) in paragraph (5)(A) (as redesignated by subparagraph (B)), by striking ‘‘For purposes of paragraph 

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

and inserting ‘‘For purposes of this subsection, an institution of higher education shall be treated as having exceptional mitigating circumstances that make application of 

paragraph (2) inequitable, and that provide for regulatory 

relief under paragraph (3), if such institution, in the opinion 

of an independent auditor, meets the following criteria:’’; 

(E) by inserting after paragraph (6) (as redesignated 

by subparagraph (B)) the following: 

‘‘(7) DEFAULT PREVENTION AND ASSESSMENT OF ELIGIBILITY

BASED ON HIGH DEFAULT RATES.— ‘‘(A) FIRST YEAR.— 

Deadlines. 

Notification. 


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‘‘(i) IN GENERAL.—An institution whose cohort 

default rate is equal to or greater than the threshold 

percentage specified in paragraph (2)(B)(iv) in any 

fiscal year shall establish a default prevention task 

force to prepare a plan to— 

‘‘(I) identify the factors causing the institution’s cohort default rate to exceed such threshold; 

‘‘(II) establish measurable objectives and the 

steps to be taken to improve the institution’s cohort 

default rate; and 

‘‘(III) specify actions that the institution can 

take to improve student loan repayment, including 

appropriate counseling regarding loan repayment 

options. 

‘‘(ii) TECHNICAL ASSISTANCE.—Each institution subject to this subparagraph shall submit the plan under 

clause (i) to the Secretary, who shall review the plan 

and offer technical assistance to the institution to promote improved student loan repayment. 

‘‘(B) SECOND CONSECUTIVE YEAR.— 

‘‘(i) IN GENERAL.—An institution whose cohort 

default rate is equal to or greater than the threshold 

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

consecutive fiscal years, shall require the institution’s 

default prevention task force established under 

subparagraph (A) to review and revise the plan 

required under such subparagraph, and shall submit 

such revised plan to the Secretary. 

‘‘(ii) REVIEW BY THE SECRETARY.—The Secretary 

shall review each revised plan submitted in accordance 

with this subparagraph, and may direct that such plan 

be amended to include actions, with measurable objectives, that the Secretary determines, based on available 

data and analyses of student loan defaults, will promote student loan repayment.’’; and 

(F) in paragraph (8)(A) (as redesignated by subparagraph (B)) by striking ‘‘0.0375’’ and inserting ‘‘0.0625’’. 

(2) EFFECTIVE DATE.—The amendment made by paragraph 

(1)(F) shall take effect for fiscal years beginning on or after 

October 1, 2011. 

(b) TYPES OF LENDERS.—Section 435(d)(1)(A)(ii) (20 U.S.C. 

1085(d)(1)(A)(ii)) is amended— 

(1) by striking ‘‘part, or (III)’’ and inserting ‘‘part, (III)’’; 

and 

(2) by inserting before the semicolon at the end the following: ‘‘, or (IV) it is a National or State chartered bank, 

or a credit union, with assets of less than $1,000,000,000’’. 

(c) DISQUALIFICATION.—Paragraph (5) of section 435(d) (20 

U.S.C. 1085(d)(5)) is amended to read as follows: 

‘‘(5) DISQUALIFICATION FOR USE OF CERTAIN INCENTIVES.— 

The term ‘eligible lender’ does not include any lender that 

the Secretary determines, after notice and opportunity for a 

hearing, has— 

‘‘(A) offered, directly or indirectly, points, premiums, 

payments (including payments for referrals and for processing or finder fees), prizes, stock or other securities, 

travel, entertainment expenses, tuition payment or 

20 USC 1085 

note. 

Plans. 


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reimbursement, the provision of information technology 

equipment at below-market value, additional financial aid 

funds, or other inducements, to any institution of higher 

education or any employee of an institution of higher education in order to secure applicants for loans under this 

part; 

‘‘(B) conducted unsolicited mailings, by postal or electronic means, of student loan application forms to students 

enrolled in secondary schools or postsecondary institutions, 

or to family members of such students, except that applications may be mailed, by postal or electronic means, to 

students or borrowers who have previously received loans 

under this part from such lender; 

‘‘(C) entered into any type of consulting arrangement, 

or other contract to provide services to a lender, with 

an employee who is employed in the financial aid office 

of an institution of higher education, or who otherwise 

has responsibilities with respect to student loans or other 

financial aid of the institution; 

‘‘(D) compensated an employee who is employed in 

the financial aid office of an institution of higher education, 

or who otherwise has responsibilities with respect to student loans or other financial aid of the institution, and 

who is serving on an advisory board, commission, or group 

established by a lender or group of lenders for providing 

such service, except that the eligible lender may reimburse 

such employee for reasonable expenses incurred in providing such service; 

‘‘(E) performed for an institution of higher education 

any function that such institution of higher education is 

required to perform under this title, except that a lender 

shall be permitted to perform functions on behalf of such 

institution in accordance with section 485(b); 

‘‘(F) paid, on behalf of an institution of higher education, another person to perform any function that such 

institution of higher education is required to perform under 

this title, except that a lender shall be permitted to perform 

functions on behalf of such institution in accordance with 

section 485(b); 

‘‘(G) provided payments or other benefits to a student 

at an institution of higher education to act as the lender’s 

representative to secure applications under this title from 

individual prospective borrowers, unless such student— 

‘‘(i) is also employed by the lender for other purposes; and 

‘‘(ii) made all appropriate disclosures regarding 

such employment; 

‘‘(H) offered, directly or indirectly, loans under this 

part as an inducement to a prospective borrower to purchase a policy of insurance or other product; or 

‘‘(I) engaged in fraudulent or misleading advertising. 

It shall not be a violation of this paragraph for a lender to 

provide technical assistance to institutions of higher education 

comparable to the kinds of technical assistance provided to 

institutions of higher education by the Department.’’. 


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(d) SCHOOL AS LENDER PROGRAM AUDIT.—Section 435(d) (20 

U.S.C. 1085(d)) is further amended by adding at the end the following: 

‘‘(8) SCHOOL AS LENDER PROGRAM AUDIT.—Each institution 

serving as an eligible lender under paragraph (1)(E), and each 

eligible lender serving as a trustee for an institution of higher 

education or an organization affiliated with an institution of 

higher education, shall annually complete and submit to the 

Secretary a compliance audit to determine whether— 

‘‘(A) the institution or lender is using all proceeds 

from special allowance payments and interest payments 

from borrowers, interest subsidies received from the 

Department, and any proceeds from the sale or other disposition of loans, for need-based grant programs, in accordance with paragraph (2)(A)(viii); 

‘‘(B) the institution or lender is using not more than 

a reasonable portion of the proceeds described in paragraph 

(2)(A)(viii) for direct administrative expenses; and 

‘‘(C) the institution or lender is ensuring that the proceeds described in paragraph (2)(A)(viii) are being used 

to supplement, and not to supplant, Federal and non-Federal funds that would otherwise be used for need-based 

grant programs.’’. 

(e) COHORT DEFAULT RATES.— 

(1) AMENDMENTS.—Section 435(m) (20 U.S.C. 1085(m)) is 

amended— 

(A) in paragraph (1)— 

(i) in the first sentence of subparagraph (A), by 

striking ‘‘end of the following fiscal year’’ and inserting 

‘‘end of the second fiscal year following the fiscal year 

in which the students entered repayment’’; 

(ii) in subparagraph (B), by striking ‘‘such fiscal 

year’’ and inserting ‘‘such second fiscal year’’; 

(iii) in subparagraph (C), by striking ‘‘end of the 

fiscal year immediately following the year in which 

they entered repayment’’ and inserting ‘‘end of the 

second fiscal year following the year in which they 

entered repayment’’; 

(B) in paragraph (2)(C)— 

(i) by striking ‘‘end of such following fiscal year 

is not considered as in default for the purposes of 

this subsection’’ and inserting ‘‘end of the second fiscal 

year following the year in which the loan entered 

repayment is not considered as in default for purposes 

of this subsection’’; and 

(ii) by striking ‘‘such following fiscal year’’ and 

inserting ‘‘such second fiscal year’’; and 

(C) in paragraph (4)— 

(i) by amending the paragraph heading to read 

as follows: ‘‘COLLECTION AND REPORTING OF COHORT

DEFAULT RATES AND LIFE OF COHORT DEFAULT RATES.— ’’; and 

(ii) by amending subparagraph (A) to read as follows: 

‘‘(A) The Secretary shall publish not less often than once 

every fiscal year a report showing cohort default data and 

life of cohort default rates for each category of institution, 

Publications. 

Deadline. 

Reports. 

Deadline. 


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including: (i) four-year public institutions; (ii) four-year private 

nonprofit institutions; (iii) two-year public institutions; (iv) twoyear private nonprofit institutions; (v) four-year proprietary 

institutions; (vi) two-year proprietary institutions; and (vii) less 

than two-year proprietary institutions. For purposes of this 

subparagraph, for any fiscal year in which one or more current 

and former students at an institution enter repayment on loans 

under section 428, 428B, or 428H, received for attendance at 

the institution, the Secretary shall publish the percentage of 

those current and former students who enter repayment on 

such loans (or on the portion of a loan made under section 

428C that is used to repay any such loans) received for attendance at the institution in that fiscal year who default before 

the end of each succeeding fiscal year.’’. 

(2) EFFECTIVE DATE AND TRANSITION.— 

(A) EFFECTIVE DATE.—The amendments made by paragraph (1) shall take effect for purposes of calculating cohort 

default rates for fiscal year 2009 and succeeding fiscal 

years. 

(B) TRANSITION.—Notwithstanding subparagraph (A), 

the method of calculating cohort default rates under section 

435(m) of the Higher Education Act of 1965 as in effect 

on the day before the date of enactment of this Act shall 

continue in effect, and the rates so calculated shall be 

the basis for any sanctions imposed on institutions of higher 

education because of their cohort default rates, until three 

consecutive years of cohort default rates calculated in 

accordance with the amendments made by paragraph (1) 

are available. 

SEC. 437. DISCHARGE AND CANCELLATION RIGHTS IN CASES OF DISABILITY. 

(a) FFEL AND DIRECT LOANS.—Section 437(a) (20 U.S.C. 

1087(a)) is amended— 

(1) by striking ‘‘(a) REPAYMENT IN FULL FOR DEATH AND

DISABILITY.—If a’’ and inserting the following: 

‘‘(a) REPAYMENT IN FULL FOR DEATH AND DISABILITY.— 

‘‘(1) IN GENERAL.—If a’’; 

(2) by inserting ‘‘, or if a student borrower who has received 

such a loan is unable to engage in any substantial gainful 

activity by reason of any medically determinable physical or 

mental impairment that can be expected to result in death, 

has lasted for a continuous period of not less than 60 months, 

or can be expected to last for a continuous period of not less 

than 60 months’’ after ‘‘of the Secretary),’’; and 

(3) by adding at the end the following: ‘‘The Secretary 

may develop such safeguards as the Secretary determines necessary to prevent fraud and abuse in the discharge of liability 

under this subsection. Notwithstanding any other provision 

of this subsection, the Secretary may promulgate regulations 

to reinstate the obligation of, and resume collection on, loans 

discharged under this subsection in any case in which— 

‘‘(A) a borrower received a discharge of liability under 

this subsection and after the discharge the borrower— 

‘‘(i) receives a loan made, insured, or guaranteed 

under this title; or 

20 USC 1085 

note. 

Publication. 


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‘‘(ii) has earned income in excess of the poverty 

line; or 

‘‘(B) the Secretary determines necessary.’’. 

(b) DISABILITY DETERMINATIONS.—Section 437(a) (20 U.S.C. 

1087(a)) is further amended by adding at the end the following: 

‘‘(2) DISABILITY DETERMINATIONS.—A borrower who has 

been determined by the Secretary of Veterans Affairs to be 

unemployable due to a service-connected condition and who 

provides documentation of such determination to the Secretary 

of Education, shall be considered permanently and totally disabled for the purpose of discharging such borrower’s loans 

under this subsection, and such borrower shall not be required 

to present additional documentation for purposes of this subsection.’’. 

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

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

SEC. 438. CONFORMING AMENDMENTS FOR REPEAL OF SECTION 439. 

(a) PART B AMENDMENTS.—Part B of title IV (20 U.S.C. 1071 

et seq.) is amended— 

(1) in section 422A(d)(1) (20 U.S.C. 1072a(d)(1)), by striking 

‘‘437, and 439(q)’’ and inserting ‘‘and 437’’; 

(2) in section 428 (20 U.S.C. 1078)— 

(A) in subsection (b)(1)(G)(i), by striking ‘‘or 439(q)’’; 

(B) by striking subsection (h); and 

(C) in subsection (j)(2)— 

(i) by inserting ‘‘and’’ at the end of subparagraph 

(C); 

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

(D) and inserting a period; and 

(iii) by striking subparagraph (E); and 

(3) in section 435(d)(1)(G) (20 U.S.C. 1085(d)(1)(G)), by 

striking ‘‘428C, and 439(q),’’ and inserting ‘‘and 428C,’’. 

(b) FEDERAL DEPOSIT INSURANCE ACT.—Section 18(s)(4)(C)(ii)(I) 

of the Federal Deposit Insurance Act (12 U.S.C. 1828(s)(4)(C)(ii)(I)) 

is amended by striking ‘‘as amended’’ and inserting ‘‘as such section 

existed on the day before the date of the repeal of such section’’. 

PART C—FEDERAL WORK-STUDY PROGRAMS 

SEC. 441. AUTHORIZATION OF APPROPRIATIONS. 

Section 441 (42 U.S.C. 2751) is amended— 

(1) in subsection (b), by striking ‘‘$1,000,000,000 for fiscal 

year 1999’’ and all that follows through the period and inserting 

‘‘such sums as may be necessary for fiscal year 2009 and 

each of the five succeeding fiscal years.’’; and 

(2) in subsection (c)(1), by inserting ‘‘emergency preparedness and response,’’ after ‘‘public safety,’’. 

SEC. 442. ALLOWANCE FOR BOOKS AND SUPPLIES. 

Section 442(c)(4)(D) (42 U.S.C. 2752(c)(4)(D)) is amended by 

striking ‘‘$450’’ and inserting ‘‘$600’’. 

SEC. 443. GRANTS FOR FEDERAL WORK-STUDY PROGRAMS. 

Section 443 (42 U.S.C. 2753) is amended— 

(1) in subsection (b)(2)— 

(A) by striking subparagraph (A); and 

20 USC 1087 

note. 


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(B) by redesignating subparagraphs (B) and (C) as 

subparagraphs (A) and (B), respectively; and 

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

‘‘(e) CIVIC EDUCATION AND PARTICIPATION ACTIVITIES.— 

‘‘(1) USE OF FUNDS.—Funds granted to an institution under 

this section may be used in accordance with such subsection 

to compensate (including compensation for time spent in 

training and travel directly related to civic education and 

participation activities) students employed in projects that— 

‘‘(A) teach civics in schools; 

‘‘(B) raise awareness of government functions or 

resources; or 

‘‘(C) increase civic participation. 

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

institution shall— 

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

evacuation, emergency response, and injury prevention 

strategies relating to natural disasters, acts of terrorism, 

and other emergency situations; and 

‘‘(B) ensure that any student compensated with the 

funds described in paragraph (1) receives appropriate 

training to carry out the educational services required. 

‘‘(3) FEDERAL SHARE.—The Federal share of the compensation of work-study students compensated under this subsection 

may exceed 75 percent.’’. 

SEC. 444. FLEXIBLE USE OF FUNDS. 

Section 445 (42 U.S.C. 2755) is amended by adding at the 

end the following new subsection: 

‘‘(d) FLEXIBILITY IN THE EVENT OF A MAJOR DISASTER.— 

‘‘(1) IN GENERAL.—In the event of a major disaster, an 

eligible institution located in any area affected by such major 

disaster, as determined by the Secretary, may make payments 

under this part to disaster-affected students, for the period 

of time (not to exceed one academic year) in which the disasteraffected students were prevented from fulfilling the students’ 

work-study obligations as described in paragraph (2)(A)(iii), 

as follows: 

‘‘(A) Payments may be made under this part to disaster-affected students in an amount equal to or less than 

the amount of wages such students would have been paid 

under this part had the students been able to complete 

the work obligation necessary to receive work study funds. 

‘‘(B) Payments shall not be made to any student who 

was not eligible for work study or was not completing 

the work obligation necessary to receive work study funds 

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

‘‘(C) Any payments made to disaster-affected students 

under this subsection shall meet the matching requirements of section 443, unless such matching requirements 

are waived by the Secretary. 

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

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


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‘‘(i) received a work-study award under this section 

for the academic year during which a major disaster 

occurred; 

‘‘(ii) earned Federal work-study wages from such 

eligible institution for such academic year; 

‘‘(iii) was prevented from fulfilling the student’s 

work-study obligation for all or part of such academic 

year due to such major disaster; and 

‘‘(iv) was unable to be reassigned to another workstudy job. 

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

such term in section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 

5122(2)).’’. 

SEC. 445. JOB LOCATION AND DEVELOPMENT PROGRAMS. 

Section 446(a)(1) (42 U.S.C. 2756(a)(1)) is amended by striking 

‘‘$50,000’’ and inserting ‘‘$75,000’’. 

SEC. 446. ADDITIONAL FUNDS FOR OFF-CAMPUS COMMUNITY SERVICE. 

Section 447 (42 U.S.C. 2756a) is amended— 

(1) by striking ‘‘Each institution participating’’ and 

inserting ‘‘(a) COMMUNITY SERVICE-LEARNING.—Each institution participating’’; and 

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

‘‘(b) OFF-CAMPUS COMMUNITY SERVICE.— 

‘‘(1) GRANTS AUTHORIZED.—In addition to funds made available under section 443(b)(2)(A), the Secretary is authorized 

to award grants to institutions participating under this part 

to supplement off-campus community service employment. 

‘‘(2) USE OF FUNDS.—An institution shall ensure that funds 

granted to such institution under this subsection are used 

in accordance with section 443(b)(2)(A) to recruit and compensate students (including compensation for time spent in 

training and for travel directly related to such community 

service). 

‘‘(3) PRIORITY.—In awarding grants under this subsection, 

the Secretary shall give priority to applications that support 

postsecondary students assisting with early childhood education 

activities and activities in preparation for emergencies and 

natural disasters. 

‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—There are 

authorized to be appropriated to carry out this subsection such 

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

the five succeeding fiscal years.’’. 

SEC. 447. WORK COLLEGES. 

Section 448 (42 U.S.C. 2756b) is amended— 

(1) by striking ‘‘work-learning’’ each place it appears and 

inserting ‘‘work-learning-service’’; 

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

‘‘(e) DEFINITIONS.—For the purpose of this section— 

‘‘(1) the term ‘work college’ means an eligible institution 

that— 

‘‘(A) has been a public or private nonprofit, four-year, 

degree-granting institution with a commitment to community service; 


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‘‘(B) has operated a comprehensive work-learningservice program for at least two years; 

‘‘(C) requires students, including at least one-half of 

all students who are enrolled on a full-time basis, to participate in a comprehensive work-learning-service program for 

at least five hours each week, or at least 80 hours during 

each period of enrollment, except summer school, unless 

the student is engaged in an institutionally organized or 

approved study abroad or externship program; and 

‘‘(D) provides students participating in the comprehensive work-learning-service program with the opportunity 

to contribute to their education and to the welfare of the 

community as a whole; and 

‘‘(2) the term ‘comprehensive student work-learning-service 

program’ means a student work-learning-service program 

that— 

‘‘(A) is an integral and stated part of the institution’s 

educational philosophy and program; 

‘‘(B) requires participation of all resident students for 

enrollment and graduation; 

‘‘(C) includes learning objectives, evaluation, and a 

record of work performance as part of the student’s college 

record; 

‘‘(D) provides programmatic leadership by college personnel at levels comparable to traditional academic programs; 

‘‘(E) recognizes the educational role of work-learningservice supervisors; and 

‘‘(F) includes consequences for nonperformance or 

failure in the work-learning-service program similar to the 

consequences for failure in the regular academic program.’’; 

and 

(3) in subsection (f), by striking ‘‘$5,000,000’’ and all that 

follows through the period and inserting ‘‘such sums as may 

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

fiscal years.’’. 

PART D—FEDERAL DIRECT STUDENT LOAN 

SEC. 451. TERMS AND CONDITIONS OF LOANS. 

(a) INCOME-BASED REPAYMENT.—Section 455(d)(1) (20 U.S.C. 

1087e(d)(1)) is amended— 

(1) in subparagraph (C), by striking ‘‘and’’ after the semicolon; 

(2) in subparagraph (D), by striking the period at the 

end and inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(E) beginning on July 1, 2009, an income-based repayment plan that enables borrowers who have a partial financial hardship to make a lower monthly payment in accordance with section 493C, except that the plan described 

in this subparagraph shall not be available to the borrower 

of a Federal Direct PLUS Loan made on behalf of a 

dependent student or a Federal Direct Consolidation Loan, 

if the proceeds of such loan were used to discharge the 

liability on such Federal Direct PLUS Loan or a loan 

Effective date. 


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122 STAT. 3262 PUBLIC LAW 110–315—AUG. 14, 2008 

under section 428B made on behalf of a dependent student.’’. 

(b) PUBLIC SERVICE JOB DEFINITION.— 

(1) IN GENERAL.—Section 455(m)(3)(B) (20 U.S.C. 

1087e(m)(3)(B)) is amended to read as follows: 

‘‘(B) PUBLIC SERVICE JOB.—The term ‘public service 

job’ means— 

‘‘(i) a full-time job in emergency management, 

government (excluding time served as a member of 

Congress), military service, public safety, law enforcement, public health (including nurses, nurse practitioners, nurses in a clinical setting, and full-time 

professionals engaged in health care practitioner 

occupations and health care support occupations, as 

such terms are defined by the Bureau of Labor Statistics), public education, social work in a public child 

or family service agency, public interest law services 

(including prosecution or public defense or legal 

advocacy on behalf of low-income communities at a 

nonprofit organization), early childhood education 

(including licensed or regulated childcare, Head Start, 

and State funded prekindergarten), public service for 

individuals with disabilities, public service for the 

elderly, public library sciences, school-based library 

sciences and other school-based services, or at an 

organization that is described in section 501(c)(3) of 

the Internal Revenue Code of 1986 and exempt from 

taxation under section 501(a) of such Code; or 

‘‘(ii) teaching as a full-time faculty member at a 

Tribal College or University as defined in section 316(b) 

and other faculty teaching in high-needs subject areas 

or areas of shortage (including nurse faculty, foreign 

language faculty, and part-time faculty at community 

colleges), as determined by the Secretary.’’. 

(2) INELIGIBILITY FOR DOUBLE BENEFITS.—Section 455(m) 

(20 U.S.C. 1087e(m)) is further amended by adding at the 

end the following: 

‘‘(4) INELIGIBILITY FOR DOUBLE BENEFITS.—No borrower 

may, for the same service, receive a reduction of loan obligations 

under both this subsection and section 428J, 428K, 428L, or 

460.’’. 

(c) IDENTITY FRAUD PROTECTION.—Section 455 (as amended 

by this section) (20 U.S.C. 1087e) is amended by adding at the 

end the following: 

‘‘(n) IDENTITY FRAUD PROTECTION.—The Secretary shall take 

such steps as may be necessary to ensure that monthly Federal 

Direct Loan statements and other publications of the Department 

do not contain more than four digits of the Social Security number 

of any individual.’’. 

(d) NO ACCRUAL OF INTEREST FOR ACTIVE DUTY SERVICE MEMBERS.—Section 455 (as amended by this section) (20 U.S.C. 1087e) 

is further amended by adding at the end the following: 

‘‘(o) NO ACCRUAL OF INTEREST FOR ACTIVE DUTY SERVICE MEMBERS.— 

‘‘(1) IN GENERAL.—Notwithstanding any other provision of 

this part and in accordance with paragraphs (2) and (4), interest 

shall not accrue for an eligible military borrower on a loan 


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made under this part for which the first disbursement is made 

on or after October 1, 2008. 

‘‘(2) CONSOLIDATION LOANS.—In the case of any consolidation loan made under this part that is disbursed on or after 

October 1, 2008, interest shall not accrue pursuant to this 

subsection only on such portion of such loan as was used 

to repay a loan made under this part for which the first 

disbursement is made on or after October 1, 2008. 

‘‘(3) ELIGIBLE MILITARY BORROWER.—In this subsection, the 

term ‘eligible military borrower’ means an individual who— 

‘‘(A)(i) is serving on active duty during a war or other 

military operation or national emergency; or 

‘‘(ii) is performing qualifying National Guard duty 

during a war or other military operation or national emergency; and 

‘‘(B) is serving in an area of hostilities in which service 

qualifies for special pay under section 310 of title 37, United 

States Code. 

‘‘(4) LIMITATION.—An individual who qualifies as an eligible 

military borrower under this subsection may receive the benefit 

of this subsection for not more than 60 months.’’. 

(e) DISCLOSURES.—Section 455 (as amended by this section) 

(20 U.S.C. 1087e) is further amended by adding at the end the 

following: 

‘‘(p) DISCLOSURES.—Each institution of higher education with 

which the Secretary has an agreement under section 453, and 

each contractor with which the Secretary has a contract under 

section 456, shall, with respect to loans under this part and in 

accordance with such regulations as the Secretary shall prescribe, 

comply with each of the requirements under section 433 that apply 

to a lender with respect to a loan under part B.’’. 

SEC. 452. FUNDS FOR ADMINISTRATIVE EXPENSES. 

Section 458(a) (20 U.S.C. 1087h(a)) is amended— 

(1) in paragraph (2)— 

(A) in the heading of such paragraph, by striking ‘‘2011’’ 

and inserting ‘‘2014’’; and 

(B) by striking ‘‘2011’’ and inserting ‘‘2014’’; and 

(2) in paragraph (3), by striking ‘‘2011’’ and inserting 

‘‘2014’’. 

SEC. 453. GUARANTY AGENCY RESPONSIBILITIES AND PAYMENTS; 

REPORTS AND COST ESTIMATES. 

Section 459A of the Higher Education Act of 1965 (20 U.S.C. 

1087i–1) is amended— 

(1) by redesignating subsection (d) as subsection (f); and 

(2) by inserting after subsection (c) the following: 

‘‘(d) GUARANTY AGENCY RESPONSIBILITIES AND PAYMENTS.—Notwithstanding any other provision of this Act, beginning on the 

date on which the Secretary purchases a loan under this section— 

‘‘(1) the guaranty agency that insured such loan shall cease 

to have any obligations, responsibilities, or rights (including 

rights to any payment) under this Act for any activity related 

to the administration of such loan that is carried out or required 

to be carried out on or after the date of such purchase; and 

‘‘(2) the insurance issued by such agency pursuant to section 428(b) for such loan shall cease to be effective with respect 

Regulations. 


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to any default on such loan that occurs on or after the date 

of such purchase. 

‘‘(e) REPORTS AND COST ESTIMATES.—The Secretary shall prepare, transmit to the authorizing committees, and make available 

to the public, the following: 

‘‘(1) QUARTERLY REPORTS.— 

‘‘(A) CONTENTS.—Not later than 60 days after the end 

of each quarter during the period beginning July 1, 2008, 

and ending September 30, 2009, a quarterly report on— 

‘‘(i) the number of loans the Secretary has agreed 

to purchase, or has purchased, using the authority 

provided under this section, and the total amount of 

outstanding principal and accrued interest of such 

loans, during such period; and 

‘‘(ii) the number of loans in which the Secretary 

has purchased a participation interest, and the total 

amount of outstanding principal and accrued interest 

of such loans, during such period. 

‘‘(B) DISAGGREGATED INFORMATION.—For each quarterly report, the information described in clauses (i) and 

(ii) of subparagraph (A) shall be disaggregated by lender 

and, for each lender, by category of institution (using the 

categories described in section 132(d)) and type of loan. 

‘‘(2) ESTIMATES OF PURCHASE PROGRAM COSTS.—Not later 

than February 15, 2010, an estimate of the costs associated 

with the program of purchasing loans described in paragraph 

(1)(A)(i) during the period beginning July 1, 2008, and ending 

September 30, 2009, and an estimate of the costs associated 

with the program of purchasing a participation interest in 

loans described in paragraph (1)(A)(ii) during such period. Each 

such estimate shall— 

‘‘(A) contain the same level of detail, and be reported 

in a similar manner, as the budget estimates provided 

for the loan program under part B and the direct student 

loan program under this part in the President’s annual 

budget submission to Congress, except that current and 

future administrative costs shall also be reported; 

‘‘(B) include an estimate of the gross and net outlays 

that have been, or will be, incurred by the Federal Government (including subsidy and administrative costs, and any 

payments made by the Department to lenders, trusts, or 

other entities related to such activities) in purchasing such 

loans or purchasing a participation interest in such loans 

during such period (as applicable); and 

‘‘(C) include a comparison of— 

‘‘(i) the average amount of the gross and net outlays (including costs and payments) described in 

subparagraph (B) for each $100 of loans purchased 

or for which a participation interest was purchased 

(as applicable) during such period, disaggregated by 

type of loan; with 

‘‘(ii) the average amount of such gross and net 

outlays (including costs and payments) to the Federal 

Government for each $100 of comparable loans made 

under this part and part B during such period, 

disaggregated by part and by type of loan. 

Public 

information. 


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‘‘(3) ANNUAL COST ESTIMATES.—Not later than February 

15 of the fiscal year following each of the fiscal years 2008, 

2009, and 2010, an annual estimate of the costs associated 

with the program of purchasing loans described in paragraph 

(1)(A)(i), and an annual estimate of the costs associated with 

the program of purchasing a participation interest in loans 

described in paragraph (1)(A)(ii), that includes the information 

described in paragraph (2) for such fiscal year.’’. 

SEC. 454. LOAN CANCELLATION FOR TEACHERS. 

(a) IN GENERAL.—Section 460 (20 U.S.C. 1087j) is amended— 

(1) in subsection (b)(1)(A)(i)— 

(A) by inserting ‘‘or location’’ after ‘‘a school’’; and 

(B) by inserting ‘‘or locations’’ after ‘‘schools’’; and 

(2) in subsection (c)(3)(B)(iii), by inserting ‘‘or, in the case 

of a teacher who is employed by an educational service agency, 

as certified by the chief administrative officer of such agency,’’ 

after ‘‘borrower is employed,’’. 

(b) PREVENTION OF DOUBLE BENEFITS.—Section 460(g)(2) (20 

U.S.C. 1087j(g)(2)) is amended to read as follows: 

‘‘(2) PREVENTION OF DOUBLE BENEFITS.—No borrower may, 

for the same voluntary service, receive a benefit under both 

this section and— 

‘‘(A) section 428J; 

‘‘(B) section 428K; 

‘‘(C) section 455(m); or 

‘‘(D) subtitle D of title I of the National and Community 

Service Act of 1990 (42 U.S.C. 12571 et seq.).’’. 

(c) TECHNICAL AMENDMENTS.—Section 460(b) (as amended by 

subsection (a)(1)) (20 U.S.C. 1087j(b)) is further amended— 

(1) by striking paragraph (2); 

(2) by striking ‘‘PROGRAM AUTHORIZED.—’’ and all that follows through ‘‘The Secretary shall’’ and inserting ‘‘PROGRAM

AUTHORIZED.—The Secretary shall’’; 

(3) by redesignating subparagraph (B) as paragraph (2), 

and adjusting the margin accordingly; and 

(4) by redesignating subparagraph (A) as paragraph (1), 

by redesignating clauses (i) and (ii) of such paragraph (as 

so redesignated) as subparagraphs (A) and (B), respectively, 

and by adjusting the margins accordingly. 

(d) CONFORMING AMENDMENTS.—Section 460 (20 U.S.C. 1087j) 

is further amended— 

(1) in subsection (c)(1), by striking ‘‘(b)(1)(A)’’ and inserting 

‘‘(b)(1)’’; 

(2) in subsection (c)(3)— 

(A) in subparagraph (A)(i), by striking ‘‘(b)(1)’’ and 

inserting ‘‘(b)’’; and 

(B) in subparagraph (B)(i), by striking ‘‘(b)(1)’’ and 

inserting ‘‘(b)’’; and 

(3) in subsection (g)(3), by striking ‘‘(b)(1)(A)(ii)’’ and 

inserting ‘‘(b)(1)(B)’’. 

PART E—FEDERAL PERKINS LOANS 

SEC. 461. EXTENSION OF AUTHORITY. 

Section 461(b) (20 U.S.C. 1087aa(b)) is amended— 

Deadline. 


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(1) in paragraph (1), by striking ‘‘$250,000,000 for fiscal 

year 1999’’ and all that follows through the period and inserting 

‘‘$300,000,000 for fiscal year 2009 and for each of the five 

succeeding fiscal years.’’; and 

(2) in paragraph (2), by striking ‘‘2003’’ each place it 

appears and inserting ‘‘2015’’. 

SEC. 462. ALLOWANCE FOR BOOKS AND SUPPLIES. 

Section 462(c)(4)(D) (20 U.S.C. 1087bb(c)(4)(D)) is amended by striking ‘‘$450’’ and inserting ‘‘$600’’. 

SEC. 463. AGREEMENTS WITH INSTITUTIONS. 

(a) TRANSFERS FOR COLLECTION.—Section 463(a)(4)(B) (20 

U.S.C. 1087cc(a)(4)(B)) is amended to read as follows: 

‘‘(B) if the institution is not one described in subparagraph (A), the Secretary may allow such institution to 

refer such note or agreement to the Secretary, without 

recompense, except that, once every six months, any sums 

collected on such a loan (less an amount not to exceed 

30 percent of any such sums collected to cover the Secretary’s collection costs) shall be repaid to such institution 

and treated as an additional capital contribution under 

section 462;’’. 

(b) REVISE AUTHORITY TO PRESCRIBE ADDITIONAL FISCAL CONTROLS.—Section 463(a)(9) (20 U.S.C. 1087cc(a)(9)) is amended by 

inserting ‘‘, except that nothing in this paragraph shall be construed 

to permit the Secretary to require the assignment of loans to the 

Secretary other than as is provided for in paragraphs (4) and 

(5)’’ before the period. 

SEC. 464. PERKINS LOAN TERMS AND CONDITIONS. 

(a) LOAN LIMITS.—Section 464(a) (20 U.S.C. 1087dd(a)) is 

amended— 

(1) in paragraph (2)(A)— 

(A) by striking ‘‘$4,000’’ in clause (i) and inserting 

‘‘$5,500’’; and 

(B) by striking ‘‘$6,000’’ in clause (ii) and inserting 

‘‘$8,000’’; and 

(2) in paragraph (2)(B)— 

(A) by striking ‘‘$40,000’’ in clause (i) and inserting 

‘‘$60,000’’; 

(B) by striking ‘‘$20,000’’ in clause (ii) and inserting 

‘‘$27,500’’; and 

(C) by striking ‘‘$8,000’’ in clause (iii) and inserting 

‘‘$11,000’’. 

(b) DISCHARGE AND CANCELLATION RIGHTS IN CASES OF DISABILITY.— 

(1) AMENDMENT.—Section 464 (20 U.S.C. 1087dd(c)) is further amended— 

(A) in subsection (c)(1)(F), by striking ‘‘canceled upon 

the death’’ and all that follows through the semicolon and 

inserting ‘‘cancelled— 

‘‘(i) upon the death of the borrower; 

‘‘(ii) if the borrower becomes permanently and 

totally disabled as determined in accordance with regulations of the Secretary; 

‘‘(iii) if the borrower is unable to engage in any 

substantial gainful activity by reason of any medically 


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determinable physical or mental impairment that can 

be expected to result in death, has lasted for a continuous period of not less than 60 months, or can be 

expected to last for a continuous period of not less 

than 60 months; or 

‘‘(iv) if the borrower is determined by the Secretary 

of Veterans Affairs to be unemployable due to a serviceconnected disability;’’; and 

(B) by adding at the end the following: 

‘‘(k) The Secretary may develop such additional safeguards 

as the Secretary determines necessary to prevent fraud and abuse 

in the cancellation of liability under subsection (c)(1)(F). Notwithstanding subsection (c)(1)(F), the Secretary may promulgate regulations to resume collection on loans cancelled under subsection 

(c)(1)(F) in any case in which— 

‘‘(1) a borrower received a cancellation of liability under 

subsection (c)(1)(F) and after the cancellation the borrower— 

‘‘(A) receives a loan made, insured, or guaranteed under 

this title; or 

‘‘(B) has earned income in excess of the poverty line; 

or 

‘‘(2) the Secretary determines necessary.’’. 

(2) EFFECTIVE DATE.—The amendments made by paragraph 

(1) shall take effect on July 1, 2008. 

(c) FORBEARANCE.—Section 464 (20 U.S.C. 1087dd) is further 

amended— 

(1) in subsection (e)— 

(A) in the matter preceding paragraph (1), by striking 

‘‘, upon written request,’’ and inserting ‘‘, as documented 

in accordance with paragraph (2),’’; 

(B) by redesignating paragraphs (1) through (3) as 

subparagraphs (A) through (C), respectively; 

(C) by inserting ‘‘(1)’’ after ‘‘FORBEARANCE.—’’; and 

(D) by adding at the end the following: 

‘‘(2) For the purpose of paragraph (1), the terms of forbearance 

agreed to by the parties shall be documented by— 

‘‘(A) confirming the agreement of the borrower by notice 

to the borrower from the institution of higher education; and 

‘‘(B) recording the terms in the borrower’s file.’’; 

(2) in subsection (h)(1)(A), by striking ‘‘12 ontime’’ and 

inserting ‘‘9 on-time’’; and 

(3) in subsection (j)(2), by striking ‘‘(e)(3)’’ and inserting 

‘‘(e)(1)(C)’’. 

SEC. 465. CANCELLATION FOR PUBLIC SERVICE. 

Section 465(a) (20 U.S.C. 1087ee(a)) is amended— 

(1) in paragraph (2)— 

(A) by striking subparagraph (A) and inserting the 

following: 

‘‘(A) as a full-time teacher for service in an academic year 

(including such a teacher employed by an educational service 

agency)— 

‘‘(i) in a public or other nonprofit private elementary 

school or secondary school, which, for the purpose of this 

paragraph and for that year— 

20 USC 1087dd 

note. 


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‘‘(I) has been determined by the Secretary (pursuant to regulations of the Secretary and after consultation with the State educational agency of the State 

in which the school is located) to be a school in which 

the number of children meeting a measure of poverty 

under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965, exceeds 30 percent of 

the total number of children enrolled in such school; 

and 

‘‘(II) is in the school district of a local educational 

agency which is eligible in such year for assistance 

pursuant to part A of title I of the Elementary and 

Secondary Education Act of 1965; or 

‘‘(ii) in one or more public, or nonprofit private, 

elementary schools or secondary schools or locations operated by an educational service agency that have been determined by the Secretary (pursuant to regulations of the 

Secretary and after consultation with the State educational 

agency of the State in which the educational service agency 

operates) to be a school or location at which the number 

of children taught who meet a measure of poverty under 

section 1113(a)(5) of the Elementary and Secondary Education Act of 1965, exceeds 30 percent of the total number 

of children taught at such school or location;’’; 

(B) in subparagraph (B), by striking ‘‘Head Start Act 

which’’ and inserting ‘‘Head Start Act, or in a prekindergarten or child care program that is licensed or regulated 

by the State, that’’; 

(C) in subparagraph (C), by inserting ‘‘, including a 

system administered by an educational service agency’’ 

after ‘‘secondary school system’’; 

(D) by striking subparagraph (F) and inserting the 

following: 

‘‘(F) as a full-time law enforcement officer or corrections 

officer for service to local, State, or Federal law enforcement 

or corrections agencies, or as a full-time attorney employed 

in a defender organization established in accordance with section 3006A(g)(2) of title 18, United States Code;’’; 

(E) in subparagraph (H), by striking ‘‘or’’ after the 

semicolon; 

(F) in subparagraph (I), by striking the period and 

inserting a semicolon; and 

(G) by inserting before the matter following subparagraph (I) the following: 

‘‘(J) as a full-time fire fighter for service to a local, State, 

or Federal fire department or fire district; 

‘‘(K) as a full-time faculty member at a Tribal College 

or University, as that term is defined in section 316; 

‘‘(L) as a librarian, if the librarian has a master’s degree 

in library science and is employed in— 

‘‘(i) an elementary school or secondary school that is 

eligible for assistance under part A of title I of the 

Elementary and Secondary Education Act of 1965; or 

‘‘(ii) a public library that serves a geographic area 

that contains one or more schools eligible for assistance 

under part A of title I of the Elementary and Secondary 

Education Act of 1965; or 


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‘‘(M) as a full-time speech language pathologist, if the 

pathologist has a masters degree and is working exclusively 

with schools that are eligible for assistance under title I of 

the Elementary and Secondary Education Act of 1965.’’; and 

(2) in paragraph (3)(A)— 

(A) in clause (i)— 

(i) by inserting ‘‘(D),’’ after ‘‘(C),’’; and 

(ii) by striking ‘‘or (I)’’ and inserting ‘‘(I), (J), (K), 

(L), or (M)’’; 

(B) in clause (ii), by inserting ‘‘or’’ after the semicolon; 

(C) by striking clause (iii); and 

(D) by redesignating clause (iv) as clause (iii). 

SEC. 466. SENSE OF CONGRESS REGARDING FEDERAL PERKINS LOANS. 

It is the sense of Congress that the Federal Perkins Loan 

Program, which provides low-interest loans to help needy students 

finance the costs of postsecondary education, is an important part 

of Federal student aid, and should remain a campus-based aid 

program at colleges and universities. 

PART F—NEED ANALYSIS 

SEC. 471. COST OF ATTENDANCE. 

(a) AMENDMENTS.—Section 472(3) (20 U.S.C. 1087ll(3)) is 

amended— 

(1) in subparagraph (B), by striking ‘‘and’’ after the semicolon; 

(2) by redesignating subparagraph (C) as subparagraph 

(D); and 

(3) by inserting after subparagraph (B), as amended by 

paragraph (1), the following: 

‘‘(C) for students who live in housing located on a 

military base or for which a basic allowance is provided 

under section 403(b) of title 37, United States Code, shall 

be an allowance based on the expenses reasonably incurred 

by such students for board but not for room; and’’. 

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

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

SEC. 472. DISCRETION TO MAKE ADJUSTMENTS. 

(a) AMENDMENTS.—Section 479A(a) (as amended by Public Law 

110–84) (20 U.S.C. 1087tt(a)) is amended— 

(1) by striking ‘‘medical or dental expenses’’ and inserting 

‘‘medical, dental, or nursing home expenses’’; 

(2) by inserting ‘‘or dependent care’’ after ‘‘child care’’; 

(3) by inserting ‘‘student or’’ before ‘‘family member who 

is a dislocated worker’’; and 

(4) by striking the second to last sentence and inserting 

the following: ‘‘In addition, nothing in this title shall be interpreted as limiting the authority of the student financial aid 

administrator in such cases (1) to request and use supplementary information about the financial status or personal 

circumstances of eligible applicants in selecting recipients and 

determining the amount of awards under this title, or (2) to 

offer a dependent student financial assistance under section 

428H or a Federal Direct Unsubsidized Stafford Loan without 

requiring the parents of such student to file the financial aid 

form prescribed under section 483 if the student financial aid 

20 USC 1087ll 

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administrator verifies that the parent or parents of such student have ended financial support of such student and refuse 

to file such form.’’. 

(b) EFFECTIVE DATE AMENDMENT TO THE COLLEGE COST REDUCTION AND ACCESS ACT.—Section 603(b) of the College Cost Reduction 

and Access Act (Public Law 110–84) is amended by striking ‘‘July 

1, 2009’’ and inserting ‘‘the date of enactment of the Higher Education Opportunity Act’’. 

SEC. 473. DEFINITIONS. 

(a) TOTAL INCOME.—Section 480(a) (as amended by Public Law 

110–84) (20 U.S.C. 1087vv(a)) is amended— 

(1) in paragraph (1)— 

(A) by inserting ‘‘(A)’’ after ‘‘(1)’’; 

(B) by inserting ‘‘subparagraph (B) and’’ after ‘‘provided 

in’’; and 

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

‘‘(B) Notwithstanding section 478(a), the Secretary may provide 

for the use of data from the second preceding tax year when and 

to the extent necessary to carry out the simplification of applications 

(including simplification for a subset of applications) used for the 

estimation and determination of financial aid eligibility. Such simplification may include the sharing of data between the Internal 

Revenue Service and the Department, pursuant to the consent 

of the taxpayer.’’; and 

(2) in paragraph (2), by inserting ‘‘no portion of veterans’ 

education benefits received by an individual,’’ after ‘‘any program by an individual,’’. 

(b) UNTAXED INCOME AND BENEFITS.—Section 480(b)(1)(E) (as 

amended by Public Law 110–84) (20 U.S.C. 1087vv(b)(1)(E)) is 

amended by inserting ‘‘, except that the value of on-base military 

housing or the value of basic allowance for housing determined 

under section 403(b) of title 37, United States Code, received by 

the parents, in the case of a dependent student, or the student 

or student’s spouse, in the case of an independent student, shall 

be excluded’’ before the semicolon. 

(c) INDEPENDENT STUDENT.—Section 480(d)(1) (as amended by 

Public Law 110–84) (20 U.S.C. 1087vv(d)(1)) is amended— 

(1) by striking subparagraph (B) and inserting the following: 

‘‘(B) is an orphan, in foster care, or a ward of the 

court, or was an orphan, in foster care, or a ward of 

the court at any time when the individual was 13 years 

of age or older;’’; and 

(2) by striking subparagraph (C) and inserting the following: 

‘‘(C) is, or was immediately prior to attaining the age 

of majority, an emancipated minor or in legal guardianship 

as determined by a court of competent jurisdiction in the 

individual’s State of legal residence;’’. 

(d) TREATMENT OF COOPERATIVE EDUCATION WORK INCOME.— 

Section 480(e) (as amended by Public Law 110–84) (20 U.S.C. 

1087vv(e)) is amended— 

(1) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; and 

20 USC 1087tt 

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

‘‘(2) any income earned from work under a cooperative 

education program offered by an institution of higher education;’’. 

(e) OTHER FINANCIAL ASSISTANCE.—Section 480(j)(1) (20 U.S.C. 

1087vv(j)(1)) is amended— 

(1) by striking ‘‘veterans’ education benefits as defined 

in subsection (c), and’’; and 

(2) by inserting before the period at the end the following: 

‘‘, but excluding veterans’ education benefits as defined in subsection (c)’’. 

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

shall take effect on July 1, 2010. 

PART G—GENERAL PROVISIONS RELATING TO 

STUDENT ASSISTANCE 

SEC. 481. DEFINITIONS. 

Section 481 (20 U.S.C. 1088) is amended— 

(1) in subsection (a)(2)(B), by inserting ‘‘and that measures 

program length in credit hours or clock hours’’ after ‘‘baccalaureate degree’’; and 

(2) by adding at the end the following: 

‘‘(e) CONSUMER REPORTING AGENCY.—For purposes of this title, 

the term ‘consumer reporting agency’ has the meaning given the 

term ‘consumer reporting agency that compiles and maintains files 

on consumers on a nationwide basis’ in Section 603(p) of the Fair 

Credit Reporting Act (15 U.S.C. 1681a(p)). 

‘‘(f) DEFINITION OF EDUCATIONAL SERVICE AGENCY.—For purposes of parts B, D, and E, the term ‘educational service agency’ 

has the meaning given the term in section 9101 of the Elementary 

and Secondary Education Act of 1965.’’. 

SEC. 482. MASTER CALENDAR. 

(a) AMENDMENT.—Section 482 (20 U.S.C. 1089) is amended— 

(1) in subsection (a)(1), by striking subparagraphs (B) and 

(C) and inserting the following: 

‘‘(B) by March 1: proposed modifications, updates, and 

notices pursuant to sections 478 and 483(a)(5) published 

in the Federal Register; 

‘‘(C) by June 1: final modifications, updates, and notices 

pursuant to sections 478 and 483(a)(5) published in the 

Federal Register;’’; and 

(2) by adding at the end the following: 

‘‘(e) COMPLIANCE CALENDAR.—Prior to the beginning of each 

award year, the Secretary shall provide to institutions of higher 

education a list of all the reports and disclosures required under 

this Act. The list shall include— 

‘‘(1) the date each report or disclosure is required to be 

completed and to be submitted, made available, or disseminated; 

‘‘(2) the required recipients of each report or disclosure; 

‘‘(3) any required method for transmittal or dissemination 

of each report or disclosure; 

‘‘(4) a description of the content of each report or disclosure 

sufficient to allow the institution to identify the appropriate 

Deadline. 

Records. 

Deadlines. 

20 USC 1087vv 

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individuals to be assigned the responsibility for such report 

or disclosure; 

‘‘(5) references to the statutory authority, applicable regulations, and current guidance issued by the Secretary regarding 

each report or disclosure; and 

‘‘(6) any other information which is pertinent to the content 

or distribution of the report or disclosure.’’. 

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

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

SEC. 483. IMPROVEMENTS TO PAPER AND ELECTRONIC FORMS AND 

PROCESSES. 

(a) COMMON FINANCIAL AID FORM DEVELOPMENT AND PROC- ESSING.—Section 483 (20 U.S.C. 1090) is amended— 

(1) in subsection (a), by striking paragraphs (1) through 

(7) and inserting the following: 

‘‘(1) IN GENERAL.—The Secretary, in cooperation with representatives of agencies and organizations involved in student 

financial assistance, shall produce, distribute, and process free 

of charge common financial reporting forms as described in 

this subsection to be used for application and reapplication 

to determine the need and eligibility of a student for financial 

assistance under parts A through E (other than subpart 4 

of part A). The forms shall be made available to applicants 

in both paper and electronic formats and shall be referred 

to as the ‘Free Application for Federal Student Aid’ or the 

‘FAFSA’. The Secretary shall work to make the FAFSA consumer-friendly and to make questions on the FAFSA easy for 

students and families to read and understand, and shall ensure 

that the FAFSA is available in formats accessible to individuals 

with disabilities. 

‘‘(2) PAPER FORMAT.— 

‘‘(A) IN GENERAL.—The Secretary shall develop, make 

available, and process— 

‘‘(i) a paper version of EZ FAFSA, as described 

in subparagraph (B); and 

‘‘(ii) a paper version of the other forms described 

in this subsection, in accordance with subparagraph 

(C), for any applicant who does not meet the requirements of or does not wish to use the process described 

in subparagraph (B). 

‘‘(B) EZ FAFSA.— 

‘‘(i) IN GENERAL.—The Secretary shall develop and 

use, after appropriate field testing, a simplified paper 

form, to be known as the EZ FAFSA, to be used for 

applicants meeting the requirements of subsection (b) 

or (c) of section 479. 

‘‘(ii) REDUCED DATA REQUIREMENTS.—The EZ 

FAFSA shall permit an applicant to submit, for financial assistance purposes, only the data elements 

required to make a determination of whether the 

applicant meets the requirements under subsection (b) 

or (c) of section 479. 

‘‘(iii) STATE DATA.—The Secretary shall include on 

the EZ FAFSA such data items as may be necessary 

to award State financial assistance, as provided under 

paragraph (5), except that the Secretary shall not 

20 USC 1089 

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include a State’s data if that State does not permit 

the State’s resident applicants to use the EZ FAFSA 

for State assistance. 

‘‘(iv) FREE AVAILABILITY AND PROCESSING.—The 

provisions of paragraph (6) shall apply to the EZ 

FAFSA, and the data collected by means of the EZ 

FAFSA shall be available to institutions of higher education, guaranty agencies, and States in accordance 

with paragraph (10). 

‘‘(C) PROMOTING THE USE OF ELECTRONIC FAFSA.— ‘‘(i) IN GENERAL.—The Secretary shall make all 

efforts to encourage all applicants to utilize the electronic version of the forms described in paragraph 

(3). 

‘‘(ii) MAINTENANCE OF THE FAFSA IN A PRINTABLE

ELECTRONIC FILE.—The Secretary shall maintain a 

version of the paper forms described in subparagraphs 

(A) and (B) in a printable electronic file that is easily 

portable, accessible, and downloadable to students on 

the same website used to provide students with the 

electronic version of the forms described in paragraph 

(3). 

‘‘(iii) REQUESTS FOR PRINTED COPY.—The Secretary 

shall provide a printed copy of the full paper version 

of FAFSA upon request. 

‘‘(iv) REPORTING REQUIREMENT.—The Secretary 

shall maintain data, and periodically report to Congress, on the impact of the digital divide on students 

completing applications for aid under this title. The 

Secretary shall report on the steps taken to eliminate 

the digital divide and reduce production of the paper 

form described in subparagraph (A). The Secretary’s 

report shall specifically address the impact of the digital divide on the following student populations: 

‘‘(I) Independent students. 

‘‘(II) Traditionally underrepresented students. 

‘‘(III) Dependent students. 

‘‘(3) ELECTRONIC FORMAT.— 

‘‘(A) IN GENERAL.—The Secretary shall produce, distribute, and process forms in electronic format to meet 

the requirements of paragraph (1). The Secretary shall 

develop an electronic version of the forms for applicants 

who do not meet the requirements of subsection (b) or 

(c) of section 479. 

‘‘(B) SIMPLIFIED APPLICATIONS: FAFSA ON THE WEB.— 

‘‘(i) IN GENERAL.—The Secretary shall develop and 

use a simplified electronic version of the form to be 

used by applicants meeting the requirements under 

subsection (b) or (c) of section 479. 

‘‘(ii) REDUCED DATA REQUIREMENTS.—The simplified electronic version of the forms shall permit an 

applicant to submit, for financial assistance purposes, 

only the data elements required to make a determination of whether the applicant meets the requirements 

under subsection (b) or (c) of section 479. 

‘‘(iii) USE OF FORMS.—Nothing in this subsection 

shall be construed to prohibit the use of the forms 

Applicability. 


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developed by the Secretary pursuant to this paragraph 

by an eligible institution, eligible lender, guaranty 

agency, State grant agency, private computer software 

provider, a consortium thereof, or such other entities 

as the Secretary may designate. 

‘‘(C) STATE DATA.—The Secretary shall include on the 

electronic version of the forms such items as may be necessary to determine eligibility for State financial assistance, 

as provided under paragraph (5), except the Secretary shall 

not require an applicant to enter data pursuant to this 

subparagraph that are required by any State other than 

the applicant’s State of residence. 

‘‘(D) AVAILABILITY AND PROCESSING.—The data collected by means of the simplified electronic version of the 

forms shall be available to institutions of higher education, 

guaranty agencies, and States in accordance with paragraph (10). 

‘‘(E) PRIVACY.—The Secretary shall ensure that data 

collection under this paragraph complies with section 552a 

of title 5, United States Code, and that any entity using 

the electronic version of the forms developed by the Secretary pursuant to this paragraph shall maintain reasonable and appropriate administrative, technical, and physical safeguards to ensure the integrity and confidentiality 

of the information, and to protect against security threats, 

or unauthorized uses or disclosures of the information provided on the electronic version of the forms. Data collected 

by such electronic version of the forms shall be used only 

for the application, award, and administration of aid 

awarded under this title, State aid, or aid awarded by 

eligible institutions or such entities as the Secretary may 

designate. No data collected by such electronic version of 

the forms shall be used for making final aid awards under 

this title until such data have been processed by the Secretary or a contractor or designee of the Secretary, except 

as may be permitted under this title. 

‘‘(F) SIGNATURE.—Notwithstanding any other provision 

of this Act, the Secretary may continue to permit an electronic version of the form under this paragraph to be 

submitted without a signature, if a signature is subsequently submitted by the applicant or if the applicant 

uses a personal identification number provided by the Secretary under subparagraph (G). 

‘‘(G) PERSONAL IDENTIFICATION NUMBERS AUTHORIZED.—The Secretary may continue to assign to an 

applicant a personal identification number— 

‘‘(i) to enable the applicant to use such number 

as a signature for purposes of completing an electronic 

version of a form developed under this paragraph; and 

‘‘(ii) for any purpose determined by the Secretary 

to enable the Secretary to carry out this title. 

‘‘(H) PERSONAL IDENTIFICATION NUMBER IMPROVEMENT.—The Secretary shall continue to work with the 

Commissioner of Social Security to minimize the time 

required for an applicant to obtain a personal identification 

number when applying for aid under this title through 


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an electronic version of a form developed under this paragraph. 

‘‘(4) STREAMLINING.— 

‘‘(A) STREAMLINED REAPPLICATION PROCESS.— 

‘‘(i) IN GENERAL.—The Secretary shall continue to 

streamline reapplication forms and processes for an 

applicant who applies for financial assistance under 

this title in the next succeeding academic year subsequent to an academic year for which such applicant 

applied for financial assistance under this title. 

‘‘(ii) UPDATING OF DATA ELEMENTS.—The Secretary 

shall determine, in cooperation with States, institutions of higher education, agencies, and organizations 

involved in student financial assistance, the data elements that may be transferred from the previous academic year’s application and those data elements that 

shall be updated. 

‘‘(iii) REDUCED DATA AUTHORIZED.—Nothing in this 

title shall be construed as limiting the authority of 

the Secretary to reduce the number of data elements 

required of reapplicants. 

‘‘(iv) ZERO FAMILY CONTRIBUTION.—Applicants 

determined to have a zero family contribution pursuant 

to section 479(c) shall not be required to provide any 

financial data in a reapplication form, except data that 

are necessary to determine eligibility under such section. 

‘‘(B) REDUCTION OF DATA ELEMENTS.— 

‘‘(i) REDUCTION ENCOURAGED.—Of the number of 

data elements on the FAFSA used for the 2009–2010 

award year, the Secretary, in cooperation with representatives of agencies and organizations involved in 

student financial assistance and consistent with efforts 

under subsection (c), shall continue to reduce the 

number of such data elements required to be entered 

by all applicants, with the goal of reducing such 

number by 50 percent. 

‘‘(ii) REPORT.—The Secretary shall submit a report 

on the process of this reduction to each of the authorizing committees by June 30, 2011. 

‘‘(5) STATE REQUIREMENTS.— 

‘‘(A) IN GENERAL.—Except as provided in paragraphs 

(2)(B)(iii), (3)(B), and (4)(A)(ii), the Secretary shall include 

on the forms developed under this subsection, such Statespecific data items as the Secretary determines are necessary to meet State requirements for need-based State 

aid. Such items shall be selected in consultation with State 

agencies in order to assist in the awarding of State financial 

assistance in accordance with the terms of this subsection. 

The number of such data items shall not be less than 

the number included on the form for the 2008–2009 award 

year unless a State notifies the Secretary that the State 

no longer requires those data items for the distribution 

of State need-based aid. 

‘‘(B) ANNUAL REVIEW.—The Secretary shall conduct an 

annual review to determine— 

Notification. 


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‘‘(i) which data items each State requires to award 

need-based State aid; and 

‘‘(ii) if the State will permit an applicant to file 

a form described in paragraph (2)(B) or (3)(B). 

‘‘(C) FEDERAL REGISTER NOTICE.—Beginning with the 

forms developed under paragraphs (2)(B) and (3)(B) for 

the award year 2010–2011, the Secretary shall publish 

on an annual basis a notice in the Federal Register 

requiring State agencies to inform the Secretary— 

‘‘(i) if the State agency is unable to permit 

applicants to utilize the simplified forms described in 

paragraphs (2)(B) and (3)(B); and 

‘‘(ii) of the State-specific nonfinancial data that 

the State agency requires for delivery of State needbased financial aid. 

‘‘(D) USE OF SIMPLIFIED FORMS ENCOURAGED.—The Secretary shall encourage States to take such steps as are 

necessary to encourage the use of simplified forms under 

this subsection, including those forms described in paragraphs (2)(B) and (3)(B), for applicants who meet the 

requirements of subsection (b) or (c) of section 479. 

‘‘(E) CONSEQUENCES IF STATE DOES NOT ACCEPT SIMPLIFIED FORMS.—If a State does not permit an applicant 

to file a form described in paragraph (2)(B) or (3)(B) for 

purposes of determining eligibility for State need-based 

financial aid, the Secretary may determine that State-specific questions for such State will not be included on a 

form described in paragraph (2)(B) or (3)(B). If the Secretary makes such determination, the Secretary shall 

advise the State of the Secretary’s determination. 

‘‘(F) LACK OF STATE RESPONSE TO REQUEST FOR

INFORMATION.—If a State does not respond to the Secretary’s request for information under subparagraph (B), 

the Secretary shall— 

‘‘(i) permit residents of that State to complete simplified forms under paragraphs (2)(B) and (3)(B); and 

‘‘(ii) not require any resident of such State to complete any data items previously required by that State 

under this section. 

‘‘(G) RESTRICTION.—The Secretary shall, to the extent 

practicable, not require applicants to complete any financial 

or nonfinancial data items that are not required— 

‘‘(i) by the applicant’s State; or 

‘‘(ii) by the Secretary. 

‘‘(6) CHARGES TO STUDENTS AND PARENTS FOR USE OF FORMS

PROHIBITED.—The need and eligibility of a student for financial 

assistance under parts A through E (other than under subpart 

4 of part A) may be determined only by using a form developed 

by the Secretary under this subsection. Such forms shall be 

produced, distributed, and processed by the Secretary, and no 

parent or student shall be charged a fee by the Secretary, 

a contractor, a third-party servicer or private software provider, 

or any other public or private entity for the collection, processing, or delivery of financial aid through the use of such 

forms. No data collected on a form for which a fee is charged 

shall be used to complete the form prescribed under this section, 

except that a Federal or State income tax form prepared by 

Deadline. 


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a paid income tax preparer or preparer service for the primary 

purpose of filing a Federal or State income tax return may 

be used to complete the form prescribed under this section. 

‘‘(7) RESTRICTIONS ON USE OF PIN.—No person, commercial 

entity, or other entity may request, obtain, or utilize an 

applicant’s personal identification number assigned under paragraph (3)(G) for purposes of submitting a form developed under 

this subsection on an applicant’s behalf. 

‘‘(8) APPLICATION PROCESSING CYCLE.—The Secretary shall 

enable students to submit forms developed under this subsection and initiate the processing of such forms under this 

subsection, as early as practicable prior to January 1 of the 

student’s planned year of enrollment. 

‘‘(9) EARLY ESTIMATES.—The Secretary shall continue to— 

‘‘(A) permit applicants to enter data in such forms 

as described in this subsection in the years prior to enrollment in order to obtain a non-binding estimate of the 

applicant’s family contribution (as defined in section 473); 

‘‘(B) permit applicants to update information submitted 

on forms described in this subsection, without needing 

to re-enter previously submitted information; 

‘‘(C) develop a means to inform applicants, in the years 

prior to enrollment, of student aid options for individuals 

in similar financial situations; 

‘‘(D) develop a means to provide a clear and conspicuous notice that the applicant’s expected family contribution is subject to change and may not reflect the 

final expected family contribution used to determine Federal student financial aid award amounts under this title; 

and 

‘‘(E) consult with representatives of States, institutions 

of higher education, and other individuals with experience 

or expertise in student financial assistance application 

processes in making updates to forms used to provide early 

estimates under this paragraph. 

‘‘(10) DISTRIBUTION OF DATA.—Institutions of higher education, guaranty agencies, and States shall receive, without 

charge, the data collected by the Secretary using a form developed under this subsection for the purposes of processing loan 

applications and determining need and eligibility for institutional and State financial aid awards. Entities designated by 

institutions of higher education, guaranty agencies, or States 

to receive such data shall be subject to all the requirements 

of this section, unless such requirements are waived by the 

Secretary. 

‘‘(11) THIRD PARTY SERVICERS AND PRIVATE SOFTWARE PROVIDERS.—To the extent practicable and in a timely manner, 

the Secretary shall provide, to private organizations and consortia that develop software used by institutions of higher 

education for the administration of funds under this title, all 

the necessary specifications that the organizations and consortia must meet for the software the organizations and consortia develop, produce, and distribute (including any diskette, 

modem, or network communications) to be so used. The specifications shall contain record layouts for required data. The 

Secretary shall develop in advance of each processing cycle 


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an annual schedule for providing such specifications. The Secretary, to the extent practicable, shall use multiple means 

of providing such specifications, including conferences and other 

meetings, outreach, and technical support mechanisms (such 

as training and printed reference materials). The Secretary 

shall, from time to time, solicit from such organizations and 

consortia means of improving the support provided by the Secretary. 

‘‘(12) PARENT’S SOCIAL SECURITY NUMBER AND BIRTH DATE.— The Secretary is authorized to include space on the forms 

developed under this subsection for the social security number 

and birth date of parents of dependent students seeking financial assistance under this title.’’; 

(2) by striking subsections (b) and (e); 

(3) by redesignating subsections (c) and (d) (as amended 

by section 103(b)(10)) as subsections (b) and (c), respectively; 

(4) in subsection (c) (as redesignated by paragraph (3)), 

by striking ‘‘that is authorized’’ and all that follows through 

the period at the end and inserting ‘‘or other appropriate provider of technical assistance and information on postsecondary 

educational services for individuals with disabilities, including 

the National Technical Assistance Center under section 777. 

The Secretary shall continue to implement, to the extent practicable, a toll-free telephone based system to permit applicants 

who meet the requirements of subsection (b) or (c) of section 

479 to submit an application over such system.’’; and 

(5) by adding at the end the following: 

‘‘(d) ASSISTANCE IN PREPARATION OF FINANCIAL AID APPLICATION.— 

‘‘(1) PREPARATION AUTHORIZED.—Notwithstanding any 

provision of this Act, an applicant may use a preparer for 

consultative or preparation services for the completion of a 

form developed under subsection (a) if the preparer satisfies 

the requirements of this subsection. 

‘‘(2) PREPARER IDENTIFICATION REQUIRED.—If an applicant 

uses a preparer for consultative or preparation services for 

the completion of a form developed under subsection (a), and 

for which a fee is charged, the preparer shall— 

‘‘(A) include, at the time the form is submitted to 

the Department, the name, address or employer’s address, 

social security number or employer identification number, 

and organizational affiliation of the preparer on the 

applicant’s form; and 

‘‘(B) be subject to the same penalties as an applicant 

for purposely giving false or misleading information in 

the application. 

‘‘(3) ADDITIONAL REQUIREMENTS.—A preparer that provides 

consultative or preparation services pursuant to this subsection 

shall— 

‘‘(A) clearly inform each individual upon initial contact, 

including contact through the Internet or by telephone, 

that the FAFSA and EZ FAFSA are free forms that may 

be completed without professional assistance via paper or 

electronic version of the forms that are provided by the 

Secretary; 

‘‘(B) include in any advertising clear and conspicuous 

information that the FAFSA and EZ FAFSA are free forms 

Communication 

and telecommunications. 


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that may be completed without professional assistance via 

paper or electronic version of the forms that are provided 

by the Secretary; 

‘‘(C) if advertising or providing any information on 

a website, or if providing services through a website, 

include on the website a link to the website that provides 

the electronic version of the forms developed under subsection (a); and 

‘‘(D) not produce, use, or disseminate any other form 

for the purpose of applying for Federal student financial 

aid other than the form developed by the Secretary under 

subsection (a). 

‘‘(4) SPECIAL RULE.—Nothing in this Act shall be construed 

to limit preparers of the forms required under this title that 

meet the requirements of this subsection from collecting source 

information from a student or parent, including Internal Revenue Service tax forms, in providing consultative and preparation services in completing the forms. 

‘‘(e) EARLY APPLICATION AND ESTIMATED AWARD DEMONSTRATION PROGRAM.— 

‘‘(1) PURPOSE AND OBJECTIVES.—The purpose of the demonstration program under this subsection is to measure the 

benefits, in terms of student aspirations and plans to attend 

an institution of higher education, and any adverse effects, 

in terms of program costs, integrity, distribution, and delivery 

of aid under this title, of implementing an early application 

system for all dependent students that allows dependent students to apply for financial aid using information from two 

years prior to the year of enrollment. Additional objectives 

associated with implementation of the demonstration program 

are the following: 

‘‘(A) To measure the feasibility of enabling dependent 

students to apply for Federal, State, and institutional financial aid in their junior year of secondary school, using 

information from two years prior to the year of enrollment, 

by completing any of the forms under this subsection. 

‘‘(B) To identify whether receiving final financial aid 

award estimates not later than the fall of the senior year 

of secondary school provides students with additional time 

to compete for the limited resources available for State 

and institutional financial aid and positively impacts the 

college aspirations and plans of these students. 

‘‘(C) To measure the impact of using income information from the years prior to enrollment on— 

‘‘(i) eligibility for financial aid under this title and 

for other State and institutional aid; and 

‘‘(ii) the cost of financial aid programs under this 

title. 

‘‘(D) To effectively evaluate the benefits and adverse 

effects of the demonstration program on program costs, 

integrity, distribution, and delivery of financial aid. 

‘‘(2) PROGRAM AUTHORIZED.—Not later than two years after 

the date of enactment of the Higher Education Opportunity 

Act, the Secretary shall implement an early application demonstration program enabling dependent students who wish to 

participate in the program— 

Deadlines. 


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‘‘(A) to complete an application under this subsection 

during the academic year that is two years prior to the 

year such students plan to enroll in an institution of higher 

education; and 

‘‘(B) based on the application described in subparagraph (A), to obtain, not later than one year prior to the 

year of the students’ planned enrollment, information on 

eligibility for Federal Pell Grants, Federal student loans 

under this title, and State and institutional financial aid 

for the student’s first year of enrollment in the institution 

of higher education. 

‘‘(3) EARLY APPLICATION AND ESTIMATED AWARD.—For all 

dependent students selected for participation in the demonstration program who submit a completed FAFSA, or, as appropriate, an EZ FAFSA, two years prior to the year such students 

plan to enroll in an institution of higher education, the Secretary shall, not later than one year prior to the year of such 

planned enrollment— 

‘‘(A) provide each student who completes an early 

application with an estimated determination of such student’s— 

‘‘(i) expected family contribution for the first year 

of the student’s enrollment in an institution of higher 

education; and 

‘‘(ii) Federal Pell Grant award for the first such 

year, based on the maximum Federal Pell Grant award 

at the time of application; and 

‘‘(B) remind the students of the need to update the 

students’ information during the calendar year of enrollment using the expedited reapplication process provided 

for in subsection (a)(4)(A). 

‘‘(4) PARTICIPANTS.—The Secretary shall include as participants in the demonstration program— 

‘‘(A) States selected through the application process 

described in paragraph (5); 

‘‘(B) institutions of higher education within the selected 

States that are interested in participating in the demonstration program, and that can make estimates or 

commitments of institutional student financial aid, as 

appropriate, to students the year before the students’ 

planned enrollment date; and 

‘‘(C) secondary schools within the selected States that 

are interested in participating in the demonstration program, and that can commit resources to— 

‘‘(i) advertising the availability of the program; 

‘‘(ii) identifying students who might be interested 

in participating in the program; 

‘‘(iii) encouraging such students to apply; and 

‘‘(iv) participating in the evaluation of the program. 

‘‘(5) APPLICATIONS.—Each State that is interested in participating in the demonstration program shall submit an application to the Secretary at such time, in such form, and containing 

such information as the Secretary shall require. The application 

shall include— 

‘‘(A) information on the amount of the State’s needbased student financial assistance available, and the eligibility criteria for receiving such assistance; 

Deadline. 


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‘‘(B) a commitment to make, not later than the year 

before the dependent students participating in the demonstration program plan to enroll in an institution of higher 

education, an estimate of the award of State financial 

aid to such dependent students; 

‘‘(C) a plan for recruiting institutions of higher education and secondary schools with different demographic 

characteristics to participate in the program; 

‘‘(D) a plan for selecting institutions of higher education 

and secondary schools to participate in the program that— 

‘‘(i) demonstrate a commitment to encouraging students to submit a FAFSA, or, as appropriate, an EZ 

FAFSA, two years before the students’ planned date 

of enrollment in an institution of higher education; 

‘‘(ii) serve different populations of students; 

‘‘(iii) in the case of institutions of higher education— 

‘‘(I) to the extent possible, are of varying types 

and sectors; and 

‘‘(II) commit to making, not later than the 

year prior to the year that dependent students 

participating in the demonstration program plan 

to enroll in the institution— 

‘‘(aa) estimated institutional awards to 

participating dependent students; and 

‘‘(bb) estimated grants or other financial 

aid available under this title (including supplemental grants under subpart 3 of part A), 

for all participating dependent students, along 

with information on State awards, as provided 

to the institution by the State; 

‘‘(E) a commitment to participate in the evaluation 

conducted by the Secretary; and 

‘‘(F) such other information as the Secretary may 

require. 

‘‘(6) SPECIAL PROVISIONS.— 

‘‘(A) DISCRETION OF STUDENT FINANCIAL AID ADMINISTRATORS.—A financial aid administrator at an institution 

of higher education participating in a demonstration program under this subsection may use the discretion provided 

under section 479A as necessary for students participating 

in the demonstration program. 

‘‘(B) WAIVERS.—The Secretary is authorized to waive, 

for an institution of higher education participating in the 

demonstration program, any requirements under this title, 

or regulations prescribed under this title, that will make 

the demonstration program unworkable, except that the 

Secretary shall not waive any provisions with respect to 

the maximum award amounts for grants and loans under 

this title. 

‘‘(7) OUTREACH.—The Secretary shall make appropriate 

efforts to notify States of the demonstration program under 

this subsection. Upon determination of participating States, 

the Secretary shall continue to make efforts to notify institutions of higher education and dependent students within participating States of the opportunity to participate in the demonstration program and of the participation requirements. 

Notification. 


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‘‘(8) EVALUATION.—The Secretary shall conduct a rigorous 

evaluation of the demonstration program to measure the program’s benefits and adverse effects, as the benefits and effects 

relate to the purpose and objectives of the program described 

in paragraph (1). In conducting the evaluation, the Secretary 

shall— 

‘‘(A) identify whether receiving financial aid estimates 

one year prior to the year in which the student plans 

to enroll in an institution of higher education, has a positive 

impact on the higher education aspirations and plans of 

such student; 

‘‘(B) measure the extent to which using a student’s 

income information from the year that is two years prior 

to the student’s planned enrollment date had an impact 

on the ability of States and institutions of higher education 

to make financial aid awards and commitments; 

‘‘(C) determine what operational changes are required 

to implement the program on a larger scale; 

‘‘(D) identify any changes to Federal law that are necessary to implement the program on a permanent basis; 

‘‘(E) identify the benefits and adverse effects of providing early estimates on program costs, program operations, program integrity, award amounts, distribution, and 

delivery of aid; and 

‘‘(F) examine the extent to which estimated awards 

differ from actual awards made to students participating 

in the program. 

‘‘(9) CONSULTATION.—The Secretary shall consult, as appropriate, with the Advisory Committee on Student Financial 

Assistance established under section 491 on the design, 

implementation, and evaluation of the demonstration program. 

‘‘(f) REDUCTION OF INCOME AND ASSET INFORMATION TO DETERMINE ELIGIBILITY FOR STUDENT FINANCIAL AID.— 

‘‘(1) CONTINUATION OF CURRENT FAFSA SIMPLIFICATION

EFFORTS.—The Secretary shall continue to examine— 

‘‘(A) how the Internal Revenue Service can provide 

to the Secretary income and other data needed to compute 

an expected family contribution for taxpayers and dependents of taxpayers, and when in the application cycle the 

data can be made available; 

‘‘(B) whether data provided by the Internal Revenue 

Service can be used to— 

‘‘(i) prepopulate the electronic version of the 

FAFSA with student and parent taxpayer data; or 

‘‘(ii) generate an expected family contribution without additional action on the part of the student and 

taxpayer; and 

‘‘(C) whether the data elements collected on the FAFSA 

that are needed to determine eligibility for student aid, 

or to administer the Federal student financial aid programs 

under this title, but are not needed to compute an expected 

family contribution, such as information regarding the student’s citizenship or permanent residency status, registration for selective service, or driver’s license number, can 

be reduced without adverse effects. 

‘‘(2) REPORT ON FAFSA SIMPLIFICATION EFFORTS TO DATE.— Not later than 90 days after the date of enactment of the 


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Higher Education Opportunity Act, the Secretary shall provide 

a written report to the authorizing committees on the work 

the Department has done with the Secretary of the Treasury 

regarding— 

‘‘(A) how the expected family contribution of a student 

can be calculated using substantially less income and asset 

information than was used on March 31, 2008; 

‘‘(B) the extent to which the reduced income and asset 

information will result in a redistribution of Federal grants 

and subsidized loans under this title, State aid, or institutional aid, or in a change in the composition of the group 

of recipients of such aid, and the amount of such redistribution; 

‘‘(C) how the alternative approaches for calculating 

the expected family contribution will— 

‘‘(i) rely mainly, in the case of students and parents 

who file income tax returns, on information available 

on the 1040, 1040EZ, and 1040A; and 

‘‘(ii) include formulas for adjusting income or asset 

information to produce similar results to the existing 

approach with less data; 

‘‘(D) how the Internal Revenue Service can provide 

to the Secretary of Education income and other data needed 

to compute an expected family contribution for taxpayers 

and dependents of taxpayers, and when in the application 

cycle the data can be made available; 

‘‘(E) whether data provided by the Internal Revenue 

Service can be used to— 

‘‘(i) prepopulate the electronic version of the 

FAFSA with student and parent taxpayer data; or 

‘‘(ii) generate an expected family contribution without additional action on the part of the student and 

taxpayer; 

‘‘(F) the extent to which the use of income data from 

two years prior to a student’s planned enrollment date 

will change the expected family contribution computed in 

accordance with part F, and potential adjustments to the 

need analysis formula that will minimize the change; and 

‘‘(G) the extent to which the data elements collected 

on the FAFSA on March 31, 2008, that are needed to 

determine eligibility for student aid or to administer the 

Federal student financial aid programs, but are not needed 

to compute an expected family contribution, such as 

information regarding the student’s citizenship or permanent residency status, registration for selective service, or 

driver’s license number, can be reduced without adverse 

effects. 

‘‘(3) STUDY.— 

‘‘(A) FORMATION OF STUDY GROUP.—Not later than 90 

days after the date of enactment of the Higher Education 

Opportunity Act, the Comptroller General shall convene 

a study group the membership of which shall include the 

Secretary of Education, the Secretary of the Treasury, the 

Director of the Office of Management and Budget, the 

Director of the Congressional Budget Office, representatives of institutions of higher education with expertise in 

Federal and State financial aid assistance, State chief 

Deadline. 


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executive officers of higher education with a demonstrated 

commitment to simplifying the FAFSA, and such other 

individuals as the Comptroller General and the Secretary 

of Education may designate. 

‘‘(B) STUDY REQUIRED.—The Comptroller General, in 

consultation with the study group convened under subparagraph (A) shall— 

‘‘(i) review and build on the work of the Secretary 

of Education and the Secretary of the Treasury, and 

individuals with expertise in analysis of financial need, 

to assess alternative approaches for calculating the 

expected family contribution under the statutory need 

analysis formula in effect on the day before the date 

of enactment of the Higher Education Opportunity Act 

and under a new calculation that will use substantially 

less income and asset information than was used for 

the 2008–2009 FAFSA; 

‘‘(ii) conduct an additional analysis if necessary; 

and 

‘‘(iii) make recommendations to the authorizing 

committees. 

‘‘(C) OBJECTIVES OF STUDY.—The objectives of the study 

required under subparagraph (B) are— 

‘‘(i) to determine methods to shorten the FAFSA 

and make the FAFSA easier and less time-consuming 

to complete, thereby increasing higher education access 

for low-income students; 

‘‘(ii) to identify changes to the statutory need analysis formula that will be necessary to reduce the 

amount of financial information students and families 

need to provide to receive a determination of eligibility 

for student financial aid without causing significant 

redistribution of Federal grants and subsidized loans 

under this title; and 

‘‘(iii) to review State and institutional needs and 

uses for data collected on the FAFSA, and to determine 

the best means of addressing such needs in the case 

of modification of the FAFSA as described in clause 

(i), or modification of the need analysis formula as 

described in clause (ii). 

‘‘(D) REQUIRED SUBJECTS OF STUDY.—The study 

required under subparagraph (B) shall examine— 

‘‘(i) with respect to simplification of the financial 

aid application process using the statutory requirements for need analysis— 

‘‘(I) additional steps that can be taken to simplify the financial aid application process for students who (or, in the case of dependent students, 

whose parents) are not required to file a Federal 

income tax return for the prior taxable year; 

‘‘(II) information on State use of information 

provided on the FAFSA, including— 

‘‘(aa) whether a State uses, as of the time 

of the study, or can use, a student’s expected 

family contribution based on data from two 

years prior to the student’s planned enrollment date; 

Recommendations. 


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‘‘(bb) the extent to which States and 

institutions will accept the data provided by 

the Internal Revenue Service to prepopulate 

the electronic version of the FAFSA to determine the distribution of State and institutional 

student financial aid funds; 

‘‘(cc) what data are used by States, as 

of the time of the study, to determine eligibility for State student financial aid, and 

whether the data are used for merit- or needbased aid; 

‘‘(dd) whether State data are required by 

State law, State regulations, or policy directives; and 

‘‘(ee) the extent to which any State-specific 

information requirements can be met by 

completion of a State application linked to the 

electronic version of the FAFSA; and 

‘‘(III) information on institutional needs, 

including the extent to which institutions of higher 

education are already using supplemental forms 

to collect additional data from students and their 

families to determine eligibility for institutional 

funds; and 

‘‘(ii) ways to reduce the amount of financial 

information students and families need to provide to 

receive a determination of eligibility for student financial aid, taking into account— 

‘‘(I) the amount of redistribution of Federal 

grants and subsidized loans under this title caused 

by such a reduction, and the benefits to be gained 

by having an application process that will be easier 

for students and their families; 

‘‘(II) students and families who do not file 

income tax returns; 

‘‘(III) the extent to which the full array of 

income and asset information collected on the 

FAFSA, as of the time of the study, plays an 

important role in the awarding of need-based State 

financial aid, and whether the State can use an 

expected family contribution generated by the 

FAFSA, instead of income and asset information 

or a calculation with reduced data elements, to 

support determinations of eligibility for such State 

aid programs and, if not, what additional information will be needed or what changes to the FAFSA 

will be required; and 

‘‘(IV) information on institutional needs, 

including the extent to which institutions of higher 

education are already using supplemental forms 

to collect additional data from students and their 

families to determine eligibility for institutional 

funds; and 

‘‘(V) changes to this Act or other laws that 

will be required to implement a modified need 

analysis system. 


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‘‘(4) CONSULTATION.—The Secretary shall consult with the 

Advisory Committee on Student Financial Assistance established under section 491 as appropriate in carrying out this 

subsection. 

‘‘(5) REPORTS.— 

‘‘(A) REPORTS ON STUDY.—The Secretary shall prepare 

and submit to the authorizing committees— 

‘‘(i) not later than one year after the date of enactment of the Higher Education Opportunity Act, an 

interim report on the progress of the study required 

under paragraph (3) that includes any preliminary recommendations by the study group established under 

such paragraph; and 

‘‘(ii) not later than two years after the date of 

enactment of the Higher Education Opportunity Act, 

a final report on the results of the study required 

under paragraph (3) that includes recommendations 

by the study group established under such paragraph. 

‘‘(B) REPORTS ON FAFSA SIMPLIFICATION EFFORTS.—The 

Secretary shall report to the authorizing committees, from 

time to time, on the progress of the simplification efforts 

under this subsection. 

‘‘(g) ADDRESSING THE DIGITAL DIVIDE.—The Secretary shall utilize savings accrued by moving more applicants to the electronic 

version of the forms described in subsection (a)(3) to improve access 

to the electronic version of the forms described in such subsection 

for applicants meeting the requirements of subsection (b) or (c) 

of section 479. 

‘‘(h) ADJUSTMENTS.—The Secretary shall disclose, on the form 

notifying a student of the student’s expected family contribution, 

that the student may, on a case-by-case basis, qualify for an adjustment under section 479A to the cost of attendance or the values 

of the data items required to calculate the expected contribution 

for the student or parent. Such disclosure shall specify— 

‘‘(1) the special circumstances under which a student or 

family member may qualify for such adjustment; and 

‘‘(2) additional information regarding the steps a student 

or family member may take in order to seek an adjustment 

under section 479A.’’. 

SEC. 484. MODEL INSTITUTION FINANCIAL AID OFFER FORM. 

(a) MODEL FORMAT.—The Secretary of Education shall— 

(1) not later than six months after the date of enactment 

of the Higher Education Opportunity Act, convene a group 

of students, families of students, secondary school guidance 

counselors, representatives of institutions of higher education 

(including financial aid administrators, registrars, and business 

officers), and nonprofit consumer groups for the purpose of 

offering recommendations for improvements that— 

(A) can be made to financial aid offer forms; and 

(B) include the information described in subsection 

(b); 

(2) develop a model format for financial aid offer forms 

based on the recommendations of the group; and 

(3) not later than one year after the date of enactment 

of the Higher Education Opportunity Act— 

Recommendations. 

Deadlines. 

20 USC 1092 

note. 


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(A) submit recommendations to the authorizing 

committees (as defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003); and 

(B) make the recommendations and model format 

widely available. 

(b) CONTENTS.—The recommendations developed under subsection (a) for model financial aid offer forms shall include, in 

a consumer-friendly manner that is simple and understandable, 

the following: 

(1) Information on the student’s cost of attendance, 

including the following: 

(A) Tuition and fees. 

(B) Room and board costs. 

(C) Books and supplies. 

(D) Transportation. 

(2) The amount of financial aid that the student does 

not have to repay, such as scholarships, grants, and workstudy assistance, offered to the student for such year, and 

the conditions of such financial aid. 

(3) The types and amounts of loans under part B, D, 

or E of title IV of the Higher Education Act of 1965 (20 

U.S.C. 1071 et seq., 1087a et seq., 1087aa et seq.) for which 

the student is eligible for such year, and the applicable terms 

and conditions of such loans. 

(4) The net amount that the student, or the student’s 

family on behalf of the student, will have to pay for the student 

to attend the institution for such year, equal to— 

(A) the cost of attendance for the student for such 

year; minus 

(B) the amount of financial aid described in paragraphs 

(2) and (3) that is offered in the financial aid offer form. 

(5) Where a student or the student’s family can seek additional information regarding the financial aid offered. 

(6) Any other information the Secretary of Education determines necessary so that students and parents can make 

informed student loan borrowing decisions. 

SEC. 485. STUDENT ELIGIBILITY. 

(a) AMENDMENTS.—Section 484 (20 U.S.C. 1091) is amended— 

(1) in subsection (a)— 

(A) in paragraph (4)(B), by striking ‘‘number,’’ and 

all that follows through the semicolon and inserting 

‘‘number;’’; and 

(B) in paragraph (5)— 

(i) by inserting ‘‘or’’ after ‘‘a permanent resident 

of the United States,’’; and 

(ii) by striking ‘‘citizen or permanent resident’’ and 

all that follows through the semicolon and inserting 

‘‘citizen or permanent resident;’’; 

(2) in subsection (b)(1), by inserting ‘‘, or under section 

428H pursuant to an exercise of discretion under section 479A’’ 

after ‘‘428C’’; 

(3) in subsection (d), by adding at the end the following: 

‘‘(4) The student shall be determined by the institution 

of higher education as having the ability to benefit from the 

education or training offered by the institution of higher education upon satisfactory completion of six credit hours or the 


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equivalent coursework that are applicable toward a degree or 

certificate offered by the institution of higher education.’’; 

(4) by striking subsection (j); 

(5) by striking subsection (l) and inserting the following: 

‘‘(l) COURSES OFFERED THROUGH DISTANCE EDUCATION.— ‘‘(1) RELATION TO CORRESPONDENCE COURSES.— ‘‘(A) IN GENERAL.—A student enrolled in a course of 

instruction at an institution of higher education that is 

offered principally through distance education and leads 

to a recognized certificate, or recognized associate, recognized baccalaureate, or recognized graduate degree, conferred by such institution, shall not be considered to be 

enrolled in correspondence courses. 

‘‘(B) EXCEPTION.—An institution of higher education 

referred to in subparagraph (A) shall not include an institution or school described in section 3(3)(C) of the Carl D. 

Perkins Career and Technical Education Act of 2006. 

‘‘(2) REDUCTIONS OF FINANCIAL AID.—A student’s eligibility 

to receive grants, loans, or work assistance under this title 

shall be reduced if a financial aid officer determines under 

the discretionary authority provided in section 479A that distance education results in a substantially reduced cost of 

attendance to such student. 

‘‘(3) SPECIAL RULE.—For award years beginning prior to 

July 1, 2008, the Secretary shall not take any compliance, 

disallowance, penalty, or other action based on a violation of 

this subsection against a student or an eligible institution when 

such action arises out of such institution’s prior award of student assistance under this title if the institution demonstrates 

to the satisfaction of the Secretary that its course of instruction 

would have been in conformance with the requirements of 

this subsection.’’; 

(6) by striking subsection (q) and inserting the following: 

‘‘(q) USE OF INCOME DATA.— 

‘‘(1) MATCHING WITH IRS.—The Secretary, in cooperation 

with the Secretary of the Treasury, is authorized to obtain 

from the Internal Revenue Service such information reported 

on Federal income tax returns by applicants, or by any other 

person whose financial information is required to be provided 

on the Federal student financial aid application, as the Secretary determines is necessary for the purpose of— 

‘‘(A) prepopulating the Federal student financial aid 

application described in section 483; or 

‘‘(B) verifying the information reported on such student 

financial aid applications. 

‘‘(2) CONSENT.—The Secretary may require that applicants 

for financial assistance under this title provide a consent to 

the disclosure of the data described in paragraph (1) as a 

condition of the student receiving assistance under this title. 

The parents of an applicant, in the case of a dependent student, 

or the spouse of an applicant, in the case of an applicant 

who is married but files separately, may also be required to 

provide consent as a condition of the student receiving assistance under this title.’’; 

(7) in subsection (r)(2)— 

(A) in subparagraph (A), by striking ‘‘or’’ at the end 

of clause (ii); 


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

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

new subparagraph: 

‘‘(B) the student successfully passes two unannounced 

drug tests conducted by a drug rehabilitation program that 

complies with such criteria as the Secretary shall prescribe 

in regulations for purposes of subparagraph (A)(i); or’’; 

(8) by adding at the end the following: 

‘‘(s) STUDENTS WITH INTELLECTUAL DISABILITIES.— 

‘‘(1) DEFINITIONS.—In this subsection the terms ‘comprehensive transition and postsecondary program for students 

with intellectual disabilities’ and ‘student with an intellectual 

disability’ have the meanings given the terms in section 760. 

‘‘(2) REQUIREMENTS.—Notwithstanding subsections (a), (c), 

and (d), in order to receive any grant or work assistance under 

section 401, subpart 3 of part A, or part C, a student with 

an intellectual disability shall— 

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

higher education; 

‘‘(B) be maintaining satisfactory progress in the program as determined by the institution, in accordance with 

standards established by the institution; and 

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

and (6) of subsection (a). 

‘‘(3) AUTHORITY.—Notwithstanding any other provision of 

law unless such provision is enacted with specific reference 

to this section, the Secretary is authorized to waive any statutory provision applicable to the student financial assistance 

programs under section 401, subpart 3 of part A, or part C 

(other than a provision of part F related to such a program), 

or any institutional eligibility provisions of this title, as the 

Secretary determines necessary to ensure that programs 

enrolling students with intellectual disabilities otherwise determined to be eligible under this subsection may receive such 

financial assistance. 

‘‘(4) REGULATIONS.—Notwithstanding regulations 

applicable to grant or work assistance awards made under 

section 401, subpart 3 of part A, and part C (other than a 

regulation under part F related to such an award), including 

with respect to eligible programs, instructional time, credit 

status, and enrollment status as described in section 481, the 

Secretary shall promulgate regulations allowing programs 

enrolling students with intellectual disabilities otherwise determined to be eligible under this subsection to receive such 

awards.’’; and 

(9) by adding after subsection (s) (as added by paragraph 

(7)) the following: 

‘‘(t) DATA ANALYSIS ON ACCESS TO FEDERAL STUDENT AID FOR

CERTAIN POPULATIONS.— 

‘‘(1) DEVELOPMENT OF THE SYSTEM.—Within one year of 

enactment of the Higher Education Opportunity Act, the Secretary shall analyze data from the FAFSA containing information regarding the number, characteristics, and circumstances 

Deadline. 

Waiver authority. 

Criteria. 

Regulations. 


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of students denied Federal student aid based on a drug conviction while receiving Federal aid. 

‘‘(2) RESULTS FROM ANALYSIS.—The results from the analysis of such information shall be made available on a continuous 

basis via the Department website and the Digest of Education 

Statistics. 

‘‘(3) DATA UPDATING.—The data analyzed under this subsection shall be updated at the beginning of each award year 

and at least one additional time during such award year. 

‘‘(4) REPORT TO CONGRESS.—The Secretary shall prepare 

and submit to the authorizing committees, in each fiscal year, 

a report describing the results obtained by the establishment 

and operation of the data system authorized by this subsection.’’. 

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

(a) shall take effect on July 1, 2010, except that the amendments 

made by paragraphs (3), (4), and (8) of such subsection shall take 

effect on the date of enactment of this Act. 

SEC. 486. STATUTE OF LIMITATIONS AND STATE COURT JUDGMENTS. 

Section 484A (20 U.S.C. 1091a) is amended— 

(1) in subsection (b)— 

(A) in paragraph (1), by striking ‘‘and’’ after the semicolon; 

(B) in paragraph (2), by striking the period and 

inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(3) in collecting any obligation arising from a loan made 

under part E, an institution of higher education that has an 

agreement with the Secretary pursuant to section 463(a) shall 

not be subject to a defense raised by any borrower based 

on a claim of infancy.’’; and 

(2) by adding at the end the following: 

‘‘(d) SPECIAL RULE.—This section shall not apply in the case 

of a student who is deceased, or to a deceased student’s estate 

or the estate of such student’s family. If a student is deceased, 

then the student’s estate or the estate of the student’s family 

shall not be required to repay any financial assistance under this 

title, including interest paid on the student’s behalf, collection costs, 

or other charges specified in this title.’’. 

SEC. 487. READMISSION REQUIREMENTS FOR SERVICEMEMBERS. 

Part G of title IV (20 U.S.C. 1088 et seq.) is amended by 

inserting after section 484B the following: 

‘‘SEC. 484C. READMISSION REQUIREMENTS FOR SERVICEMEMBERS. 

‘‘(a) DEFINITION OF SERVICE IN THE UNIFORMED SERVICES.— 

In this section, the term ‘service in the uniformed services’ means 

service (whether voluntary or involuntary) on active duty in the 

Armed Forces, including such service by a member of the National 

Guard or Reserve, for a period of more than 30 days under a 

call or order to active duty of more than 30 days. 

‘‘(b) DISCRIMINATION AGAINST STUDENTS WHO SERVE IN THE

UNIFORMED SERVICES PROHIBITED.—A person who is a member 

of, applies to be a member of, performs, has performed, applies 

to perform, or has an obligation to perform, service in the uniformed 

services shall not be denied readmission to an institution of higher 

20 USC 1091c. 

20 USC 1091 

note. 

Web site. 


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education on the basis of that membership, application for membership, performance of service, application for service, or obligation. 

‘‘(c) READMISSION PROCEDURES.— 

‘‘(1) IN GENERAL.—Any student whose absence from an 

institution of higher education is necessitated by reason of 

service in the uniformed services shall be entitled to readmission to the institution of higher education if— 

‘‘(A) the student (or an appropriate officer of the Armed 

Forces or official of the Department of Defense) gives 

advance written or verbal notice of such service to the 

appropriate official at the institution of higher education; 

‘‘(B) the cumulative length of the absence and of all 

previous absences from that institution of higher education 

by reason of service in the uniformed services does not 

exceed five years; and 

‘‘(C) except as otherwise provided in this section, the 

student submits a notification of intent to reenroll in the 

institution of higher education in accordance with the provisions of paragraph (4). 

‘‘(2) EXCEPTIONS.— 

‘‘(A) MILITARY NECESSITY.—No notice is required under 

paragraph (1)(A) if the giving of such notice is precluded 

by military necessity, such as— 

‘‘(i) a mission, operation, exercise, or requirement 

that is classified; or 

‘‘(ii) a pending or ongoing mission, operation, exercise, or requirement that may be compromised or otherwise adversely affected by public knowledge. 

‘‘(B) FAILURE TO GIVE ADVANCE NOTICE.—Any student 

(or an appropriate officer of the Armed Forces or official 

of the Department of Defense) who did not give advance 

written or verbal notice of service to the appropriate official 

at the institution of higher education in accordance with 

paragraph (1)(A) may meet the notice requirement by 

submitting, at the time the student seeks readmission, 

an attestation to the student’s institution of higher education that the student performed service in the uniformed 

services that necessitated the student’s absence from the 

institution of higher education. 

‘‘(3) APPLICABILITY.—This section shall apply to a student 

who is absent from an institution of higher education by reason 

of service in the uniformed services if such student’s cumulative 

period of service in the Armed Forces (including the National 

Guard or Reserve), with respect to the institution of higher 

education for which a student seeks readmission, does not 

exceed five years, except that any such period of service shall 

not include any service— 

‘‘(A) that is required, beyond five years, to complete 

an initial period of obligated service; 

‘‘(B) during which such student was unable to obtain 

orders releasing such student from a period of service in 

the uniformed services before the expiration of such fiveyear period and such inability was through no fault of 

such student; or 

‘‘(C) performed by a member of the Armed Forces 

(including the National Guard and Reserves) who is— 


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‘‘(i) ordered to or retained on active duty under 

section 688, 12301(a), 12301(g), 12302, 12304, or 12305 

of title 10, United States Code, or under section 331, 

332, 359, 360, 367, or 712 of title 14, United States 

Code; 

‘‘(ii) ordered to or retained on active duty (other 

than for training) under any provision of law because 

of a war or national emergency declared by the President or the Congress, as determined by the Secretary 

concerned; 

‘‘(iii) ordered to active duty (other than for 

training) in support, as determined by the Secretary 

concerned, of an operational mission for which personnel have been ordered to active duty under section 

12304 of title 10, United States Code; 

‘‘(iv) ordered to active duty in support, as determined by the Secretary concerned, of a critical mission 

or requirement of the Armed Forces (including the 

National Guard or Reserve); or 

‘‘(v) called into Federal service as a member of 

the National Guard under chapter 15 of title 10, United 

States Code, or section 12406 of title 10, United States 

Code. 

‘‘(4) NOTIFICATION OF INTENT TO RETURN.— 

‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(B), a student referred to in subsection (a) shall, upon 

the completion of a period of service in the uniformed 

services, notify the institution of higher education of the 

student’s intent to return to the institution not later than 

three years after the completion of the period of service. 

‘‘(B) HOSPITALIZATION OR CONVALESCENCE.—A student 

who is hospitalized for or convalescing from an illness 

or injury incurred in or aggravated during the performance 

of service in the uniformed services shall notify the institution of higher education of the student’s intent to return 

to the institution not later than two years after the end 

of the period that is necessary for recovery from such 

illness or injury. 

‘‘(C) SPECIAL RULE.—A student who fails to apply for 

readmission within the period described in this section 

shall not automatically forfeit such eligibility for readmission to the institution of higher education, but shall be 

subject to the institution of higher education’s established 

leave of absence policy and general practices. 

‘‘(5) DOCUMENTATION.— 

‘‘(A) IN GENERAL.—A student who submits an application for readmission to an institution of higher education 

under this section shall provide to the institution of higher 

education documentation to establish that— 

‘‘(i) the student has not exceeded the service limitations established under this section; and 

‘‘(ii) the student’s eligibility for readmission has 

not been terminated due to an exception in subsection 

(d). 

‘‘(B) PROHIBITED DOCUMENTATION DEMANDS.—An 

institution of higher education may not delay or attempt 

to avoid a readmission of a student under this section 

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by demanding documentation that does not exist, or is 

not readily available, at the time of readmission. 

‘‘(6) NO CHANGE IN ACADEMIC STATUS.—A student who is 

readmitted to an institution of higher education under this 

section shall be readmitted with the same academic status 

as such student had when such student last attended the 

institution of higher education. 

‘‘(d) EXCEPTION FROM READMISSION ELIGIBILITY.—A student’s 

eligibility for readmission to an institution of higher education 

under this section by reason of such student’s service in the uniformed services terminates upon the occurrence of any of the following events: 

‘‘(1) A separation of such person from the Armed Forces 

(including the National Guard and Reserves) with a dishonorable or bad conduct discharge. 

‘‘(2) A dismissal of such person permitted under section 

1161(a) of title 10, United States Code. 

‘‘(3) A dropping of such person from the rolls pursuant 

to section 1161(b) of title 10, United States Code.’’. 

SEC. 488. INSTITUTIONAL AND FINANCIAL ASSISTANCE INFORMATION 

FOR STUDENTS. 

(a) INFORMATION DISSEMINATION ACTIVITIES.—Section 485(a) 

(20 U.S.C. 1092(a)) is amended— 

(1) in paragraph (1)— 

(A) in subparagraph (G)— 

(i) by striking ‘‘program, and’’ and inserting ‘‘program,’’; and 

(ii) by inserting ‘‘, and (iv) any plans by the institution for improving the academic program of the institution’’ after ‘‘instructional personnel’’; and 

(B) by striking subparagraph (M) and inserting the 

following: 

‘‘(M) the terms and conditions of the loans that students receive under parts B, D, and E;’’; 

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

semicolon; 

(D) in subparagraph (O), by striking the period and 

inserting a semicolon; and 

(E) by adding at the end the following: 

‘‘(P) institutional policies and sanctions related to copyright infringement, including— 

‘‘(i) an annual disclosure that explicitly informs 

students that unauthorized distribution of copyrighted 

material, including unauthorized peer-to-peer file 

sharing, may subject the students to civil and criminal 

liabilities; 

‘‘(ii) a summary of the penalties for violation of 

Federal copyright laws; and 

‘‘(iii) a description of the institution’s policies with 

respect to unauthorized peer-to-peer file sharing, 

including disciplinary actions that are taken against 

students who engage in unauthorized distribution of 

copyrighted materials using the institution’s information technology system; 


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‘‘(Q) student body diversity at the institution, including 

information on the percentage of enrolled, full-time students who— 

‘‘(i) are male; 

‘‘(ii) are female; 

‘‘(iii) receive a Federal Pell Grant; and 

‘‘(iv) are a self-identified member of a major racial 

or ethnic group; 

‘‘(R) the placement in employment of, and types of 

employment obtained by, graduates of the institution’s 

degree or certificate programs, gathered from such sources 

as alumni surveys, student satisfaction surveys, the 

National Survey of Student Engagement, the Community 

College Survey of Student Engagement, State data systems, 

or other relevant sources; 

‘‘(S) the types of graduate and professional education 

in which graduates of the institution’s four-year degree 

programs enrolled, gathered from such sources as alumni 

surveys, student satisfaction surveys, the National Survey 

of Student Engagement, State data systems, or other relevant sources; 

‘‘(T) the fire safety report prepared by the institution 

pursuant to subsection (i); 

‘‘(U) the retention rate of certificate- or degree-seeking, 

first-time, full-time, undergraduate students entering such 

institution; and 

‘‘(V) institutional policies regarding vaccinations.’’; and 

(2) by striking paragraph (4) and inserting the following: 

‘‘(4) For purposes of this section, institutions may— 

‘‘(A) exclude from the information disclosed in accordance with subparagraph (L) of paragraph (1) the completion 

or graduation rates of students who leave school to serve 

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

a recognized foreign aid service of the Federal Government; 

or 

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

institution, recalculate the completion or graduation rates 

of such students by excluding from the calculation described 

in paragraph (3) the time period such students were not 

enrolled due to their service in the Armed Forces, on official 

church missions, or with a recognized foreign aid service 

of the Federal Government.’’; and 

(3) by adding at the end the following: 

‘‘(7)(A)(i) Subject to clause (ii), the information disseminated under paragraph (1)(L), or reported under subsection 

(e), shall be disaggregated by gender, by each major racial 

and ethnic subgroup, by recipients of a Federal Pell Grant, 

by recipients of a loan made under part B or D (other than 

a loan made under section 428H or a Federal Direct Unsubsidized Stafford Loan) who did not receive a Federal Pell Grant, 

and by recipients of neither a Federal Pell Grant nor a loan 

made under part B or D (other than a loan made under section 

428H or a Federal Direct Unsubsidized Stafford Loan), if the 

number of students in such subgroup or with such status is 

sufficient to yield statistically reliable information and 


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reporting will not reveal personally identifiable information 

about an individual student. If such number is not sufficient 

for such purposes, then the institution shall note that the 

institution enrolled too few of such students to so disclose 

or report with confidence and confidentiality. 

‘‘(ii) The requirements of clause (i) shall not apply to twoyear, degree-granting institutions of higher education until academic year 2011-2012. 

‘‘(B)(i) In order to assist two-year degree-granting institutions of higher education in meeting the requirements of paragraph (1)(L) and subsection (e), the Secretary, in consultation 

with the Commissioner for Education Statistics, shall, not later 

than 90 days after the date of enactment of the Higher Education Opportunity Act, convene a group of representatives 

from diverse institutions of higher education, experts in the 

field of higher education policy, state higher education officials, 

students, and other stakeholders in the higher education 

community, to develop recommendations regarding the accurate 

calculation and reporting of the information required to be 

disseminated or reported under paragraph (1)(L) and subsection 

(e) by two-year, degree-granting institutions of higher education. In developing such recommendations, the group of representatives shall consider the mission and role of two-year 

degree-granting institutions of higher education, and may recommend additional or alternative measures of student success 

for such institutions in light of the mission and role of such 

institutions. 

‘‘(ii) The Secretary shall widely disseminate the recommendations required under this subparagraph to two-year, 

degree-granting institutions of higher education, the public, 

and the authorizing committees not later than 18 months after 

the first meeting of the group of representatives convened under 

clause (i). 

‘‘(iii) The Secretary shall use the recommendations from 

the group of representatives convened under clause (i) to provide technical assistance to two-year, degree-granting institutions of higher education in meeting the requirements of paragraph (1)(L) and subsection (e). 

‘‘(iv) The Secretary may modify the information required 

to be disseminated or reported under paragraph (1)(L) or subsection (e) by a two-year, degree-granting institution of higher— 

‘‘(I) based on the recommendations received under this 

subparagraph from the group of representatives convened 

under clause (i); 

‘‘(II) to include additional or alternative measures of 

student success if the goals of the provisions of paragraph 

(1)(L) and subsection (e) can be met through additional 

means or comparable alternatives; and 

‘‘(III) during the period beginning on the date of enactment of the Higher Education Opportunity Act, and ending 

on June 30, 2011.’’. 

(b) EXIT COUNSELING.—Subsection (b)(1)(A) of section 485 (20 

U.S.C. 1092(b)(1)(A)) is amended to read as follows: 

‘‘(b) EXIT COUNSELING FOR BORROWERS.—(1)(A) Each eligible 

institution shall, through financial aid offices or otherwise, provide 

counseling to borrowers of loans that are made, insured, or guaranteed under part B (other than loans made pursuant to section 

Time period. 

Deadline. 

Deadline. 

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428C or loans under section 428B made on behalf of a student) 

or made under part D (other than Federal Direct Consolidation 

Loans or Federal Direct PLUS Loans made on behalf of a student) 

or made under part E of this title prior to the completion of 

the course of study for which the borrower enrolled at the institution 

or at the time of departure from such institution. The counseling 

required by this subsection shall include— 

‘‘(i) information on the repayment plans available, including 

a description of the different features of each plan and sample 

information showing the average anticipated monthly payments, and the difference in interest paid and total payments, 

under each plan; 

‘‘(ii) debt management strategies that are designed to facilitate the repayment of such indebtedness; 

‘‘(iii) an explanation that the borrower has the options 

to prepay each loan, pay each loan on a shorter schedule, 

and change repayment plans; 

‘‘(iv) for any loan forgiveness or cancellation provision of 

this title, a general description of the terms and conditions 

under which the borrower may obtain full or partial forgiveness 

or cancellation of the principal and interest, and a copy of 

the information provided by the Secretary under section 485(d); 

‘‘(v) for any forbearance provision of this title, a general 

description of the terms and conditions under which the borrower may defer repayment of principal or interest or be 

granted forbearance, and a copy of the information provided 

by the Secretary under section 485(d); 

‘‘(vi) the consequences of defaulting on a loan, including 

adverse credit reports, delinquent debt collection procedures 

under Federal law, and litigation; 

‘‘(vii) information on the effects of using a consolidation 

loan under section 428C or a Federal Direct Consolidation 

Loan to discharge the borrower’s loans under parts B, D, and 

E, including at a minimum— 

‘‘(I) the effects of consolidation on total interest to 

be paid, fees to be paid, and length of repayment; 

‘‘(II) the effects of consolidation on a borrower’s underlying loan benefits, including grace periods, loan forgiveness, cancellation, and deferment opportunities; 

‘‘(III) the option of the borrower to prepay the loan 

or to change repayment plans; and 

‘‘(IV) that borrower benefit programs may vary among 

different lenders; 

‘‘(viii) a general description of the types of tax benefits 

that may be available to borrowers; and 

‘‘(ix) a notice to borrowers about the availability of the 

National Student Loan Data System and how the system can 

be used by a borrower to obtain information on the status 

of the borrower’s loans; and’’. 

(c) DEPARTMENTAL PUBLICATION OF DESCRIPTIONS OF ASSISTANCE PROGRAMS.—Section 485(d) (20 U.S.C. 1092(d)) is amended— 

(1) in paragraph (1)— 

(A) by inserting after ‘‘under this title.’’ the following: 

‘‘Such information shall also include information on the 

various payment options available for student loans, 

including income-sensitive and income-based repayment 

plans for loans made, insured, or guaranteed under part 


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B and income-contingent and income-based repayment 

plans for loans made under part D.’’; and 

(B) by inserting after ‘‘tax-exempt organization.’’ the 

following: ‘‘The Secretary shall also provide information 

on loan forbearance, including the increase in debt that 

results from capitalization of interest.’’; and 

(2) by adding at the end the following: 

‘‘(4) The Secretary shall widely publicize the location of the 

information described in paragraph (1) among the public, eligible 

institutions, and eligible lenders, and promote the use of such 

information by prospective students, enrolled students, families of 

prospective and enrolled students, and borrowers.’’. 

(d) DISCLOSURE OF ATHLETICALLY RELATED GRADUATION

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

as follows: 

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

‘‘(A) exclude from the reporting requirements under 

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

of students and student athletes who leave school to serve 

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

a recognized foreign aid service of the Federal Government; 

or 

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

institution, calculate the completion or graduation rates 

of such students by excluding from the calculations 

described in paragraph (1) the time period such students 

were not enrolled due to their service in the Armed Forces, 

on official church missions, or with a recognized foreign 

aid service of the Federal Government.’’. 

(e) CRIMINAL OFFENSES REPORTED.—Section 485(f) (20 U.S.C. 

1092(f)) is amended— 

(1) in paragraph (1)— 

(A) in the matter preceding subparagraph (A), by 

inserting ‘‘, other than a foreign institution higher education,’’ after ‘‘under this title’’; 

(B) in subparagraph (C), by striking clauses (i) and 

(ii) and inserting the following: 

‘‘(i) the law enforcement authority of campus security personnel; 

‘‘(ii) the working relationship of campus security 

personnel with State and local law enforcement agencies, including whether the institution has agreements 

with such agencies, such as written memoranda of 

understanding, for the investigation of alleged criminal 

offenses; and 

‘‘(iii) policies which encourage accurate and prompt 

reporting of all crimes to the campus police and the 

appropriate law enforcement agencies.’’; 

(C) in subparagraph (F)(ii)— 

(i) by striking ‘‘clause (i), and’’ and inserting 

‘‘clause (i), of larceny-theft, simple assault, intimidation, and destruction, damage, or vandalism of property, and of’’; and 

(ii) by inserting a comma after ‘‘any person’’; and 

Public 

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

‘‘(J) A statement of current campus policies regarding 

immediate emergency response and evacuation procedures, 

including the use of electronic and cellular communication 

(if appropriate), which policies shall include procedures 

to— 

‘‘(i) immediately notify the campus community 

upon the confirmation of a significant emergency or 

dangerous situation involving an immediate threat to 

the health or safety of students or staff occurring on 

the campus, as defined in paragraph (6), unless issuing 

a notification will compromise efforts to contain the 

emergency; 

‘‘(ii) publicize emergency response and evacuation 

procedures on an annual basis in a manner designed 

to reach students and staff; and 

‘‘(iii) test emergency response and evacuation 

procedures on an annual basis.’’; 

(2) by redesignating paragraph (15) as paragraph (18); 

and 

(3) by inserting after paragraph (14) the following: 

‘‘(15) The Secretary shall annually report to the authorizing 

committees regarding compliance with this subsection by 

institutions of higher education, including an up-to-date report 

on the Secretary’s monitoring of such compliance. 

‘‘(16) The Secretary may seek the advice and counsel of 

the Attorney General concerning the development, and dissemination to institutions of higher education, of best practices 

information about campus safety and emergencies. 

‘‘(17) Nothing in this subsection shall be construed to 

permit an institution, or an officer, employee, or agent of an 

institution, participating in any program under this title to 

retaliate, intimidate, threaten, coerce, or otherwise discriminate 

against any individual with respect to the implementation of 

any provision of this subsection.’’. 

(f) REPORT.—Section 485(g)(4) (20 U.S.C. 1092(g)(4)) is 

amended— 

(1) by striking subparagraph (B); 

(2) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; 

(3) in subparagraph (B) (as redesignated by paragraph 

(2)), by striking ‘‘and the report to Congress described in 

subparagraph (B)’’; and 

(4) in subparagraph (C) (as redesignated by paragraph 

(2)), by striking ‘‘the information reported under subparagraph 

(B) and’’. 

(g) ADDITIONAL REQUIREMENTS.—Section 485 (20 U.S.C. 1092) 

is further amended by adding at the end the following new subsections: 

‘‘(h) TRANSFER OF CREDIT POLICIES.— ‘‘(1) DISCLOSURE.—Each institution of higher education 

participating in any program under this title shall publicly 

disclose, in a readable and comprehensible manner, the transfer 

of credit policies established by the institution which shall 

include a statement of the institution’s current transfer of 

credit policies that includes, at a minimum— 

Deadline. 

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‘‘(A) any established criteria the institution uses 

regarding the transfer of credit earned at another institution of higher education; and 

‘‘(B) a list of institutions of higher education with which 

the institution has established an articulation agreement. 

‘‘(2) RULE OF CONSTRUCTION.—Nothing in this subsection 

shall be construed to— 

‘‘(A) authorize the Secretary or the National Advisory 

Committee on Institutional Quality and Integrity to require 

particular policies, procedures, or practices by institutions 

of higher education with respect to transfer of credit; 

‘‘(B) authorize an officer or employee of the Department 

to exercise any direction, supervision, or control over the 

curriculum, program of instruction, administration, or personnel of any institution of higher education, or over any 

accrediting agency or association; 

‘‘(C) limit the application of the General Education 

Provisions Act; or 

‘‘(D) create any legally enforceable right on the part 

of a student to require an institution of higher education 

to accept a transfer of credit from another institution. 

‘‘(i) DISCLOSURE OF FIRE SAFETY STANDARDS AND MEASURES.— 

‘‘(1) ANNUAL FIRE SAFETY REPORTS ON STUDENT HOUSING

REQUIRED.—Each eligible institution participating in any program under this title that maintains on-campus student 

housing facilities shall, on an annual basis, publish a fire 

safety report, which shall contain information with respect 

to the campus fire safety practices and standards of that institution, including— 

‘‘(A) statistics concerning the following in each oncampus student housing facility during the most recent 

calendar years for which data are available: 

‘‘(i) the number of fires and the cause of each 

fire; 

‘‘(ii) the number of injuries related to a fire that 

result in treatment at a medical facility; 

‘‘(iii) the number of deaths related to a fire; and 

‘‘(iv) the value of property damage caused by a 

fire; 

‘‘(B) a description of each on-campus student housing 

facility fire safety system, including the fire sprinkler 

system; 

‘‘(C) the number of regular mandatory supervised fire 

drills; 

‘‘(D) policies or rules on portable electrical appliances, 

smoking, and open flames (such as candles), procedures 

for evacuation, and policies regarding fire safety education 

and training programs provided to students, faculty, and 

staff; and 

‘‘(E) plans for future improvements in fire safety, if 

determined necessary by such institution. 

‘‘(2) REPORT TO THE SECRETARY.—Each eligible institution 

participating in any program under this title shall, on an 

annual basis, submit to the Secretary a copy of the statistics 

required to be made available under paragraph (1)(A). 

Publication. 


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‘‘(3) CURRENT INFORMATION TO CAMPUS COMMUNITY.—Each 

eligible institution participating in any program under this 

title shall— 

‘‘(A) make, keep, and maintain a log, recording all 

fires in on-campus student housing facilities, including the 

nature, date, time, and general location of each fire; and 

‘‘(B) make annual reports to the campus community 

on such fires. 

‘‘(4) RESPONSIBILITIES OF THE SECRETARY.—The Secretary 

shall— 

‘‘(A) make the statistics submitted under paragraph 

(1)(A) to the Secretary available to the public; and 

‘‘(B) in coordination with nationally recognized fire 

organizations and representatives of institutions of higher 

education, representatives of associations of institutions 

of higher education, and other organizations that represent 

and house a significant number of students— 

‘‘(i) identify exemplary fire safety policies, procedures, programs, and practices, including the installation, to the technical standards of the National Fire 

Protection Association, of fire detection, prevention, 

and protection technologies in student housing, dormitories, and other buildings; 

‘‘(ii) disseminate the exemplary policies, procedures, programs and practices described in clause (i) 

to the Administrator of the United States Fire Administration; 

‘‘(iii) make available to the public information concerning those policies, procedures, programs, and practices that have proven effective in the reduction of 

fires; and 

‘‘(iv) develop a protocol for institutions to review 

the status of their fire safety systems. 

‘‘(5) RULES OF CONSTRUCTION.—Nothing in this subsection 

shall be construed to— 

‘‘(A) authorize the Secretary to require particular policies, procedures, programs, or practices by institutions of 

higher education with respect to fire safety, other than 

with respect to the collection, reporting, and dissemination 

of information required by this subsection; 

‘‘(B) affect section 444 of the General Education Provisions Act (the Family Educational Rights and Privacy Act 

of 1974) or the regulations issued under section 264 of 

the Health Insurance Portability and Accountability Act 

of 1996 (42 U.S.C. 1320d–2 note); 

‘‘(C) create a cause of action against any institution 

of higher education or any employee of such an institution 

for any civil liability; or 

‘‘(D) establish any standard of care. 

‘‘(6) COMPLIANCE REPORT.—The Secretary shall annually 

report to the authorizing committees regarding compliance with 

this subsection by institutions of higher education, including 

an up-to-date report on the Secretary’s monitoring of such 

compliance. 

‘‘(7) EVIDENCE.—Notwithstanding any other provision of 

law, evidence regarding compliance or noncompliance with this 

subsection shall not be admissible as evidence in any proceeding 

Public. 

information. 

Deadline. 

Reports. 

Records. 


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of any court, agency, board, or other entity, except with respect 

to an action to enforce this subsection. 

‘‘(j) MISSING PERSON PROCEDURES.— 

‘‘(1) OPTION AND PROCEDURES.—Each institution of higher 

education that provides on-campus housing and participates 

in any program under this title shall— 

‘‘(A) establish a missing student notification policy for 

students who reside in on-campus housing that— 

‘‘(i) informs each such student that such student 

has the option to identify an individual to be contacted 

by the institution not later than 24 hours after the 

time that the student is determined missing in accordance with official notification procedures established 

by the institution under subparagraph (B); 

‘‘(ii) provides each such student a means to register 

confidential contact information in the event that the 

student is determined to be missing for a period of 

more than 24 hours; 

‘‘(iii) advises each such student who is under 18 

years of age, and not an emancipated individual, that 

the institution is required to notify a custodial parent 

or guardian not later 24 hours after the time that 

the student is determined to be missing in accordance 

with such procedures; 

‘‘(iv) informs each such residing student that the 

institution will notify the appropriate law enforcement 

agency not later than 24 hours after the time that 

the student is determined missing in accordance with 

such procedures; and 

‘‘(v) requires, if the campus security or law enforcement personnel has been notified and makes a determination that a student who is the subject of a missing 

person report has been missing for more than 24 hours 

and has not returned to the campus, the institution 

to initiate the emergency contact procedures in accordance with the student’s designation; and 

‘‘(B) establish official notification procedures for a 

missing student who resides in on-campus housing that— 

‘‘(i) includes procedures for official notification of 

appropriate individuals at the institution that such 

student has been missing for more than 24 hours; 

‘‘(ii) requires any official missing person report 

relating to such student be referred immediately to 

the institution’s police or campus security department; 

and 

‘‘(iii) if, on investigation of the official report, such 

department determines that the missing student has 

been missing for more than 24 hours, requires— 

‘‘(I) such department to contact the individual 

identified by such student under subparagraph 

(A)(i); 

‘‘(II) if such student is under 18 years of age, 

and not an emancipated individual, the institution 

to immediately contact the custodial parent or 

legal guardian of such student; and 

Notification. 


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‘‘(III) if subclauses (I) or (II) do not apply 

to a student determined to be a missing person, 

inform the appropriate law enforcement agency. 

‘‘(2) RULE OF CONSTRUCTION.—Nothing in this subsection 

shall be construed— 

‘‘(A) to provide a private right of action to any person 

to enforce any provision of this subsection; or 

‘‘(B) to create a cause of action against any institution 

of higher education or any employee of the institution 

for any civil liability. 

‘‘(k) NOTICE TO STUDENTS CONCERNING PENALTIES FOR DRUG

VIOLATIONS.— 

‘‘(1) NOTICE UPON ENROLLMENT.—Each institution of higher 

education shall provide to each student, upon enrollment, a 

separate, clear, and conspicuous written notice that advises 

the student of the penalties under section 484(r). 

‘‘(2) NOTICE AFTER LOSS OF ELIGIBILITY.—An institution 

of higher education shall provide in a timely manner to each 

student who has lost eligibility for any grant, loan, or workstudy assistance under this title as a result of the penalties 

listed under 484(r)(1) a separate, clear, and conspicuous written 

notice that notifies the student of the loss of eligibility and 

advises the student of the ways in which the student can 

regain eligibility under section 484(r)(2). 

‘‘(l) ENTRANCE COUNSELING FOR BORROWERS.— 

‘‘(1) DISCLOSURE REQUIRED PRIOR TO DISBURSEMENT.— 

‘‘(A) IN GENERAL.—Each eligible institution shall, at 

or prior to the time of a disbursement to a first-time 

borrower of a loan made, insured, or guaranteed under 

part B (other than a loan made pursuant to section 428C 

or a loan made on behalf of a student pursuant to section 

428B) or made under part D (other than a Federal Direct 

Consolidation Loan or a Federal Direct PLUS loan made 

on behalf of a student), ensure that the borrower receives 

comprehensive information on the terms and conditions 

of the loan and of the responsibilities the borrower has 

with respect to such loan in accordance with subparagraph 

(B). Such information— 

‘‘(i) shall be provided in a simple and understandable manner; and 

‘‘(ii) may be provided— 

‘‘(I) during an entrance counseling session 

conduction in person; 

‘‘(II) on a separate written form provided to 

the borrower that the borrower signs and returns 

to the institution; or 

‘‘(III) online, with the borrower acknowledging 

receipt of the information. 

‘‘(B) USE OF INTERACTIVE PROGRAMS.—The Secretary 

shall encourage institutions to carry out the requirements 

of subparagraph (A) through the use of interactive programs that test the borrower’s understanding of the terms 

and conditions of the borrower’s loans under part B or 

D, using simple and understandable language and clear 

formatting. 


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‘‘(2) INFORMATION TO BE PROVIDED.—The information to 

be provided to the borrower under paragraph (1)(A) shall 

include the following: 

‘‘(A) To the extent practicable, the effect of accepting 

the loan to be disbursed on the eligibility of the borrower 

for other forms of student financial assistance. 

‘‘(B) An explanation of the use of the master promissory 

note. 

‘‘(C) Information on how interest accrues and is capitalized during periods when the interest is not paid by either 

the borrower or the Secretary. 

‘‘(D) In the case of a loan made under section 428B 

or 428H, a Federal Direct PLUS Loan, or a Federal Direct 

Unsubsidized Stafford Loan, the option of the borrower 

to pay the interest while the borrower is in school. 

‘‘(E) The definition of half-time enrollment at the 

institution, during regular terms and summer school, if 

applicable, and the consequences of not maintaining halftime enrollment. 

‘‘(F) An explanation of the importance of contacting 

the appropriate offices at the institution of higher education 

if the borrower withdraws prior to completing the borrower’s program of study so that the institution can provide 

exit counseling, including information regarding the borrower’s repayment options and loan consolidation. 

‘‘(G) Sample monthly repayment amounts based on— 

‘‘(i) a range of levels of indebtedness of— 

‘‘(I) borrowers of loans under section 428 or 

428H; and 

‘‘(II) as appropriate, graduate borrowers of 

loans under section 428, 428B, or 428H; or 

‘‘(ii) the average cumulative indebtedness of other 

borrowers in the same program as the borrower at 

the same institution. 

‘‘(H) The obligation of the borrower to repay the full 

amount of the loan, regardless of whether the borrower 

completes or does not complete the program in which the 

borrower is enrolled within the regular time for program 

completion. 

‘‘(I) The likely consequences of default on the loan, 

including adverse credit reports, delinquent debt collection 

procedures under Federal law, and litigation. 

‘‘(J) Information on the National Student Loan Data 

System and how the borrower can access the borrower’s 

records. 

‘‘(K) The name of and contact information for the individual the borrower may contact if the borrower has any 

questions about the borrower’s rights and responsibilities 

or the terms and conditions of the loan.’’. 

SEC. 489. NATIONAL STUDENT LOAN DATA SYSTEM. 

Section 485B (20 U.S.C. 1092b) is amended— 

(1) in subsection (a)— 

(A) by redesignating paragraphs (6) through (10) as 

paragraphs (7) through (11), respectively; 


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(B) in paragraph (5) (as added by Public Law 101– 

610), by striking ‘‘effectiveness.’’ and inserting ‘‘effectiveness;’’; and 

(C) by redesignating paragraph (5) (as added by Public 

Law 101–234) as paragraph (6); 

(2) by redesignating subsections (d) through (g) as subsections (e) through (h), respectively; and 

(3) by inserting after subsection (c) the following: 

‘‘(d) PRINCIPLES FOR ADMINISTERING THE DATA SYSTEM.—In 

managing the National Student Loan Data System, the Secretary 

shall take actions necessary to maintain confidence in the data 

system, including, at a minimum— 

‘‘(1) ensuring that the primary purpose of access to the 

data system by guaranty agencies, eligible lenders, and eligible 

institutions of higher education is for legitimate program operations, such as the need to verify the eligibility of a student, 

potential student, or parent for loans under part B, D, or 

E; 

‘‘(2) prohibiting nongovernmental researchers and policy 

analysts from accessing personally identifiable information; 

‘‘(3) creating a disclosure form for students and potential 

students that is distributed when such students complete the 

common financial reporting form under section 483, and as 

a part of the exit counseling process under section 485(b), 

that— 

‘‘(A) informs the students that any title IV grant or 

loan the students receive will be included in the National 

Student Loan Data System, and instructs the students 

on how to access that information; 

‘‘(B) describes the categories of individuals or entities 

that may access the data relating to such grant or loan 

through the data system, and for what purposes access 

is allowed; 

‘‘(C) defines and explains the categories of information 

included in the data system; 

‘‘(D) provides a summary of the provisions of section 

444 of the General Education Provisions Act (the Family 

Educational Rights and Privacy Act of 1974) and other 

applicable Federal privacy statutes, and a statement of 

the students’ rights and responsibilities with respect to 

such statutes; 

‘‘(E) explains the measures taken by the Department 

to safeguard the students’ data; and 

‘‘(F) includes other information as determined appropriate by the Secretary; 

‘‘(4) requiring guaranty agencies, eligible lenders, and 

eligible institutions of higher education that enter into an agreement with a potential student, student, or parent of such student regarding a loan under part B, D, or E, to inform the 

student or parent that such loan shall be— 

‘‘(A) submitted to the data system; and 

‘‘(B) accessible to guaranty agencies, eligible lenders, 

and eligible institutions of higher education determined 

by the Secretary to be authorized users of the data system; 

‘‘(5) regularly reviewing the data system to— 

‘‘(A) delete inactive users from the data system; 


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‘‘(B) ensure that the data in the data system are not 

being used for marketing purposes; and 

‘‘(C) monitor the use of the data system by guaranty 

agencies and eligible lenders to determine whether an 

agency or lender is accessing the records of students in 

which the agency or lender has no existing financial 

interest; and 

‘‘(6) developing standardized protocols for limiting access 

to the data system that include— 

‘‘(A) collecting data on the usage of the data system 

to monitor whether access has been or is being used contrary to the purposes of the data system; 

‘‘(B) defining the steps necessary for determining 

whether, and how, to deny or restrict access to the data 

system; and 

‘‘(C) determining the steps necessary to reopen access 

to the data system following a denial or restriction of 

access.’’; and 

(4) by striking subsection (e) (as redesignated by paragraph 

(1)) and inserting the following: 

‘‘(e) REPORTS TO CONGRESS.— ‘‘(1) ANNUAL REPORT.—Not later than September 30 of each 

fiscal year, the Secretary shall prepare and submit to the 

authorizing committees a report describing— 

‘‘(A) the effectiveness of existing privacy safeguards 

in protecting student and parent information in the data 

system; 

‘‘(B) the success of any new authorization protocols 

in more effectively preventing abuse of the data system; 

‘‘(C) the ability of the Secretary to monitor how the 

system is being used, relative to the intended purposes 

of the data system; and 

‘‘(D) any protocols developed under subsection (d)(6) 

during the preceding fiscal year. 

‘‘(2) STUDY.— ‘‘(A) IN GENERAL.—The Secretary shall conduct a study 

regarding— 

‘‘(i) available mechanisms for providing students 

and parents with the ability to opt in or opt out of 

allowing eligible lenders to access their records in the 

National Student Loan Data System; and 

‘‘(ii) appropriate protocols for limiting access to 

the data system, based on the risk assessment required 

under subchapter III of chapter 35 of title 44, United 

States Code. 

‘‘(B) SUBMISSION OF STUDY.—Not later than three years 

after the date of enactment of the Higher Education Opportunity Act, the Secretary shall prepare and submit a report 

on the findings of the study under subparagraph (A) to 

the authorizing committees.’’. 

SEC. 490. EARLY AWARENESS OF FINANCIAL AID ELIGIBILITY. 

Part G of title IV (20 U.S.C. 1088 et seq.) is amended by 

inserting after section 485D (20 U.S.C. 1092c) the following: 

‘‘SEC. 485E. EARLY AWARENESS OF FINANCIAL AID ELIGIBILITY. 

‘‘(a) IN GENERAL.—The Secretary shall implement, in cooperation with States, institutions of higher education, secondary schools, 

20 USC 1092f. 


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early intervention and outreach programs under this title, other 

agencies and organizations involved in student financial assistance 

and college access, public libraries, community centers, employers, 

and businesses, a comprehensive system of early financial aid 

information in order to provide students and families with early 

information about financial aid and early estimates of such students’ 

eligibility for financial aid from multiple sources. Such system shall 

include the activities described in subsection (b). 

‘‘(b) COMMUNICATION OF AVAILABILITY OF AID AND AID ELIGIBILITY.— 

‘‘(1) STUDENTS WHO RECEIVE BENEFITS.—The Secretary 

shall— 

‘‘(A) make special efforts to notify students who receive 

or are eligible to receive benefits under a Federal meanstested benefit program (including the supplemental nutrition assistance program under the Food and Nutrition Act 

of 2008 (7 U.S.C. 2011 et seq.)), or another such benefit 

program as determined by the Secretary, of such students’ 

potential eligibility for a maximum Federal Pell Grant 

under subpart 1 of part A; and 

‘‘(B) disseminate such informational materials, that are 

part of the system described in subsection (a), as the Secretary determines necessary. 

‘‘(2) SECONDARY SCHOOL STUDENTS.—The Secretary, in 

cooperation with States, institutions of higher education, other 

organizations involved in college access and student financial 

aid, secondary schools, and programs under this title that serve 

secondary school students, shall make special efforts to notify 

students in secondary school and their families, as early as 

possible but not later than such students’ junior year of secondary school, of the availability of financial aid under this 

title and shall provide nonbinding estimates of the amounts 

of grant and loan aid that an individual may be eligible for 

under this title upon completion of an application form under 

section 483(a). The Secretary shall ensure that such information 

is as accurate as possible and that such information is provided 

in an age-appropriate format using dissemination mechanisms 

suitable for students in secondary school. 

‘‘(3) ADULT LEARNERS.—The Secretary, in cooperation with 

States, institutions of higher education, other organizations 

involved in college access and student financial aid, employers, 

workforce investment boards, and public libraries, shall make 

special efforts to provide individuals who would qualify as 

independent students, as defined in section 480(d), with 

information regarding the availability of financial aid under 

this title and with nonbinding estimates of the amounts of 

grant and loan aid that an individual may be eligible for 

under this title upon completion of an application form under 

section 483(a). The Secretary shall ensure that such information— 

‘‘(A) is as accurate as possible; 

‘‘(B) includes specific information regarding the availability of financial aid for students qualified as independent 

students, as defined in section 480(d); and 

‘‘(C) uses dissemination mechanisms suitable for adult 

learners. 

Notification. 

Notification. 


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‘‘(4) PUBLIC AWARENESS CAMPAIGN.—Not later than two 

years after the date of enactment of the Higher Education 

Opportunity Act, the Secretary, in coordination with States, 

institutions of higher education, early intervention and outreach 

programs under this title, other agencies and organizations 

involved in college access and student financial aid, secondary 

schools, organizations that provide services to individuals that 

are or were homeless, to individuals in foster care, or to other 

disconnected individuals, local educational agencies, public 

libraries, community centers, businesses, employers, employment services, workforce investment boards, and movie theaters, shall implement a public awareness campaign in order 

to increase national awareness regarding the availability of 

financial aid under this title. The public awareness campaign 

shall disseminate accurate information regarding the availability of financial aid under this title and shall be implemented, to the extent practicable, using a variety of media, 

including print, television, radio, and the Internet. The Secretary shall design and implement the public awareness campaign based upon relevant independent research and the 

information and dissemination strategies found most effective 

in implementing paragraphs (1) through (3).’’. 

SEC. 491. DISTANCE EDUCATION DEMONSTRATION PROGRAMS. 

Section 486(f)(3) (20 U.S.C. 1093(f)(3)) is amended— 

(1) in subparagraph (B), by redesignating clauses (i) and 

(ii) as subparagraphs (A) and (B), respectively, and adjusting 

the margins accordingly; and 

(2) by striking ‘‘REPORTS.—’’ and all that follows through 

‘‘House of Representatives on an annual basis’’ and inserting 

‘‘ANNUAL REPORTS.—The Secretary shall provide reports to the 

authorizing committees on an annual basis’’. 

SEC. 492. ARTICULATION AGREEMENTS. 

Part G of title IV is further amended by inserting after section 

486 (20 U.S.C. 1093) the following new section: 

‘‘SEC. 486A. ARTICULATION AGREEMENTS. 

‘‘(a) DEFINITION.—In this section, the term ‘articulation agreement’ means an agreement between or among institutions of higher 

education that specifies the acceptability of courses in transfer 

toward meeting specific degree or program requirements. 

‘‘(b) PROGRAM TO ENCOURAGE ARTICULATION AGREEMENTS.— 

‘‘(1) PROGRAM ESTABLISHED.—The Secretary shall carry out 

a program for States, in cooperation with public institutions 

of higher education, to develop, enhance, and implement comprehensive articulation agreements between or among such 

institutions in a State, and (to the extent practicable) across 

State lines, by 2010. Such articulation agreements shall be 

made widely and publicly available on the websites of States 

and such institutions. In developing, enhancing, and implementing articulation agreements, States and public institutions 

of higher education may employ strategies, where applicable, 

including— 

‘‘(A) common course numbering; 

‘‘(B) a general education core curriculum; 

‘‘(C) management systems regarding course equivalency, transfer of credit, and articulation; and 

Public 

information. 

Web site. 

20 USC 1093a. 

Deadline. 


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‘‘(D) other strategies identified by the Secretary. 

‘‘(2) TECHNICAL ASSISTANCE PROVIDED.—The Secretary shall 

provide technical assistance to States and public institutions 

of higher education for the purposes of developing and implementing articulation agreements in accordance with this subsection. 

‘‘(3) RULE OF CONSTRUCTION.—Nothing in this subsection 

shall be construed to authorize the Secretary to require particular policies, procedures, or practices by institutions of higher 

education with respect to articulation agreements.’’. 

SEC. 493. PROGRAM PARTICIPATION AGREEMENTS. 

(a) PROGRAM PARTICIPATION AGREEMENT REQUIREMENTS.— (1) VOTER REGISTRATION; 90-10 RULE; CODE OF CONDUCT; 

DISCIPLINARY PROCEEDINGS; PREFERRED LENDER LISTS; PRIVATE

EDUCATION LOAN CERTIFICATION; COPYRIGHTED MATERIAL.— (A) AMENDMENT.—Section 487(a) (20 U.S.C. 1094(a)) 

is amended— 

(i) in paragraph (23)— 

(I) by moving subparagraph (C) two ems to 

the left; and 

(II) by adding at the end the following: 

‘‘(D) The institution shall be considered in compliance 

with the requirements of subparagraph (A) for each student 

to whom the institution electronically transmits a message 

containing a voter registration form acceptable for use in 

the State in which the institution is located, or an Internet 

address where such a form can be downloaded, if such 

information is in an electronic message devoted exclusively 

to voter registration.’’; and 

(ii) by adding at the end the following: 

‘‘(24) In the case of a proprietary institution of higher 

education (as defined in section 102(b)), such institution will 

derive not less than ten percent of such institution’s revenues 

from sources other than funds provided under this title, as 

calculated in accordance with subsection (d)(1), or will be subject to the sanctions described in subsection (d)(2). 

‘‘(25) In the case of an institution that participates in 

a loan program under this title, the institution will— 

‘‘(A) develop a code of conduct with respect to such 

loans with which the institution’s officers, employees, and 

agents shall comply, that— 

‘‘(i) prohibits a conflict of interest with the responsibilities of an officer, employee, or agent of an institution with respect to such loans; and 

‘‘(ii) at a minimum, includes the provisions 

described in subsection (e); 

‘‘(B) publish such code of conduct prominently on the 

institution’s website; and 

‘‘(C) administer and enforce such code by, at a minimum, requiring that all of the institution’s officers, 

employees, and agents with responsibilities with respect 

to such loans be annually informed of the provisions of 

the code of conduct. 

‘‘(26) The institution will, upon written request, disclose 

to the alleged victim of any crime of violence (as that term 

is defined in section 16 of title 18, United States Code), or 

Web site. 


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a nonforcible sex offense, the report on the results of any 

disciplinary proceeding conducted by such institution against 

a student who is the alleged perpetrator of such crime or 

offense with respect to such crime or offense. If the alleged 

victim of such crime or offense is deceased as a result of 

such crime or offense, the next of kin of such victim shall 

be treated as the alleged victim for purposes of this paragraph. 

‘‘(27) In the case of an institution that has entered into 

a preferred lender arrangement, the institution will at least 

annually compile, maintain, and make available for students 

attending the institution, and the families of such students, 

a list, in print or other medium, of the specific lenders for 

loans made, insured, or guaranteed under this title or private 

education loans that the institution recommends, promotes, 

or endorses in accordance with such preferred lender arrangement. In making such list, the institution shall comply with 

the requirements of subsection (h). 

‘‘(28)(A) The institution will, upon the request of an 

applicant for a private education loan, provide to the applicant 

the form required under section 128(e)(3) of the Truth in 

Lending Act (15 U.S.C. 1638(e)(3)), and the information 

required to complete such form, to the extent the institution 

possesses such information. 

‘‘(B) For purposes of this paragraph, the term ‘private education loan’ has the meaning given such term in section 140 

of the Truth in Lending Act. 

‘‘(29) The institution certifies that the institution— 

‘‘(A) has developed plans to effectively combat the 

unauthorized distribution of copyrighted material, 

including through the use of a variety of technology-based 

deterrents; and 

‘‘(B) will, to the extent practicable, offer alternatives 

to illegal downloading or peer-to-peer distribution of 

intellectual property, as determined by the institution in 

consultation with the chief technology officer or other designated officer of the institution.’’. 

(B) EFFECTIVE DATE.—The amendment made by 

subparagraph (A) with respect to section 487(a)(26) of the 

Higher Education Act of 1965 (as added by subparagraph 

(A)) shall apply with respect to any disciplinary proceeding 

conducted by an institution on or after the day that is 

one year after the date of enactment of this Act. 

(b) AUDITS; FINANCIAL RESPONSIBILITY; ENFORCEMENT OF

STANDARDS.—Section 487(c)(1)(A)(i) (20 U.S.C. 1094(c)(1)(A)(i)) is 

amended by inserting before the semicolon at the end the following: 

‘‘, except that the Secretary may modify the requirements of this 

clause with respect to institutions of higher education that are 

foreign institutions, and may waive such requirements with respect 

to a foreign institution whose students receives less than $500,000 

in loans under this title during the award year preceding the 

audit period’’. 

(c) IMPLEMENTATION OF NON-TITLE IV REVENUE REQUIREMENT; 

CODE OF CONDUCT; INSTITUTIONAL REQUIREMENTS FOR TEACHOUTS; INSPECTOR GENERAL REPORT ON GIFT BAN VIOLATIONS; PREFERRED LENDER LIST REQUIREMENTS.—Section 487 (20 U.S.C. 1094) 

is further amended— 

20 USC 1094 

note. 

Certification. 

Lists. 


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(1) by redesignating subsections (d) and (e) as subsections 

(i) and (j), respectively; and 

(2) by inserting after subsection (c) the following: 

‘‘(d) IMPLEMENTATION OF NON-TITLE IV REVENUE REQUIRE- MENT.— ‘‘(1) CALCULATION.—In making calculations under subsection (a)(24), a proprietary institution of higher education 

shall— 

‘‘(A) use the cash basis of accounting, except in the 

case of loans described in subparagraph (D)(i) that are 

made by the proprietary institution of higher education; 

‘‘(B) consider as revenue only those funds generated 

by the institution from— 

‘‘(i) tuition, fees, and other institutional charges 

for students enrolled in programs eligible for assistance 

under this title; 

‘‘(ii) activities conducted by the institution that 

are necessary for the education and training of the 

institution’s students, if such activities are— 

‘‘(I) conducted on campus or at a facility under 

the control of the institution; 

‘‘(II) performed under the supervision of a 

member of the institution’s faculty; and 

‘‘(III) required to be performed by all students 

in a specific educational program at the institution; 

and 

‘‘(iii) funds paid by a student, or on behalf of a 

student by a party other than the institution, for an 

education or training program that is not eligible for 

funds under this title, if the program— 

‘‘(I) is approved or licensed by the appropriate 

State agency; 

‘‘(II) is accredited by an accrediting agency 

recognized by the Secretary; or 

‘‘(III) provides an industry-recognized credential or certification; 

‘‘(C) presume that any funds for a program under 

this title that are disbursed or delivered to or on behalf 

of a student will be used to pay the student’s tuition, 

fees, or other institutional charges, regardless of whether 

the institution credits those funds to the student’s account 

or pays those funds directly to the student, except to the 

extent that the student’s tuition, fees, or other institutional 

charges are satisfied by— 

‘‘(i) grant funds provided by non-Federal public 

agencies or private sources independent of the institution; 

‘‘(ii) funds provided under a contractual arrangement with a Federal, State, or local government agency 

for the purpose of providing job training to low-income 

individuals who are in need of that training; 

‘‘(iii) funds used by a student from savings plans 

for educational expenses established by or on behalf 

of the student and which qualify for special tax treatment under the Internal Revenue Code of 1986; or 

‘‘(iv) institutional scholarships described in 

subparagraph (D)(iii); 


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‘‘(D) include institutional aid as revenue to the school 

only as follows: 

‘‘(i) in the case of loans made by a proprietary 

institution of higher education on or after July 1, 2008 

and prior to July 1, 2012, the net present value of 

such loans made by the institution during the 

applicable institutional fiscal year accounted for on 

an accrual basis and estimated in accordance with 

generally accepted accounting principles and related 

standards and guidance, if the loans— 

‘‘(I) are bona fide as evidenced by enforceable 

promissory notes; 

‘‘(II) are issued at intervals related to the 

institution’s enrollment periods; and 

‘‘(III) are subject to regular loan repayments 

and collections; 

‘‘(ii) in the case of loans made by a proprietary 

institution of higher education on or after July 1, 2012, 

only the amount of loan repayments received during 

the applicable institutional fiscal year, excluding repayments on loans made and accounted for as specified 

in clause (i); and 

‘‘(iii) in the case of scholarships provided by a 

proprietary institution of higher education, only those 

scholarships provided by the institution in the form 

of monetary aid or tuition discounts based upon the 

academic achievements or financial need of students, 

disbursed during each fiscal year from an established 

restricted account, and only to the extent that funds 

in that account represent designated funds from an 

outside source or from income earned on those funds; 

‘‘(E) in the case of each student who receives a loan 

on or after July 1, 2008, and prior to July 1, 2011, that 

is authorized under section 428H or that is a Federal 

Direct Unsubsidized Stafford Loan, treat as revenue 

received by the institution from sources other than funds 

received under this title, the amount by which the disbursement of such loan received by the institution exceeds the 

limit on such loan in effect on the day before the date 

of enactment of the Ensuring Continued Access to Student 

Loans Act of 2008; and 

‘‘(F) exclude from revenues— 

‘‘(i) the amount of funds the institution received 

under part C, unless the institution used those funds 

to pay a student’s institutional charges; 

‘‘(ii) the amount of funds the institution received 

under subpart 4 of part A; 

‘‘(iii) the amount of funds provided by the institution as matching funds for a program under this title; 

‘‘(iv) the amount of funds provided by the institution for a program under this title that are required 

to be refunded or returned; and 

‘‘(v) the amount charged for books, supplies, and 

equipment, unless the institution includes that amount 

as tuition, fees, or other institutional charges. 

‘‘(2) SANCTIONS.— 


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‘‘(A) INELIGIBILITY.—A proprietary institution of higher 

education that fails to meet a requirement of subsection 

(a)(24) for two consecutive institutional fiscal years shall 

be ineligible to participate in the programs authorized by 

this title for a period of not less than two institutional 

fiscal years. To regain eligibility to participate in the programs authorized by this title, a proprietary institution 

of higher education shall demonstrate compliance with all 

eligibility and certification requirements under section 498 

for a minimum of two institutional fiscal years after the 

institutional fiscal year in which the institution became 

ineligible. 

‘‘(B) ADDITIONAL ENFORCEMENT.—In addition to such 

other means of enforcing the requirements of this title 

as may be available to the Secretary, if a proprietary 

institution of higher education fails to meet a requirement 

of subsection (a)(24) for any institutional fiscal year, then 

the institution’s eligibility to participate in the programs 

authorized by this title becomes provisional for the two 

institutional fiscal years after the institutional fiscal year 

in which the institution failed to meet the requirement 

of subsection (a)(24), except that such provisional eligibility 

shall terminate— 

‘‘(i) on the expiration date of the institution’s program participation agreement under this subsection 

that is in effect on the date the Secretary determines 

that the institution failed to meet the requirement 

of subsection (a)(24); or 

‘‘(ii) in the case that the Secretary determines that 

the institution failed to meet a requirement of subsection (a)(24) for two consecutive institutional fiscal 

years, on the date the institution is determined ineligible in accordance with subparagraph (A). 

‘‘(3) PUBLICATION ON COLLEGE NAVIGATOR WEBSITE.—The 

Secretary shall publicly disclose on the College Navigator 

website— 

‘‘(A) the identity of any proprietary institution of higher 

education that fails to meet a requirement of subsection 

(a)(24); and 

‘‘(B) the extent to which the institution failed to meet 

such requirement. 

‘‘(4) REPORT TO CONGRESS.—Not later than July 1, 2009, 

and July 1 of each succeeding year, the Secretary shall submit 

to the authorizing committees a report that contains, for each 

proprietary institution of higher education that receives assistance under this title, as provided in the audited financial statements submitted to the Secretary by each institution pursuant 

to the requirements of subsection (a)(24)— 

‘‘(A) the amount and percentage of such institution’s 

revenues received from sources under this title; and 

‘‘(B) the amount and percentage of such institution’s 

revenues received from other sources. 

‘‘(e) CODE OF CONDUCT REQUIREMENTS.—An institution of 

higher education’s code of conduct, as required under subsection 

(a)(25), shall include the following requirements: 

‘‘(1) BAN ON REVENUE-SHARING ARRANGEMENTS.— 

Termination. 


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‘‘(A) PROHIBITION.—The institution shall not enter into 

any revenue-sharing arrangement with any lender. 

‘‘(B) DEFINITION.—For purposes of this paragraph, the 

term ‘revenue-sharing arrangement’ means an arrangement between an institution and a lender under which— 

‘‘(i) a lender provides or issues a loan that is made, 

insured, or guaranteed under this title to students 

attending the institution or to the families of such 

students; and 

‘‘(ii) the institution recommends the lender or the 

loan products of the lender and in exchange, the lender 

pays a fee or provides other material benefits, including 

revenue or profit sharing, to the institution, an officer 

or employee of the institution, or an agent. 

‘‘(2) GIFT BAN.— ‘‘(A) PROHIBITION.—No officer or employee of the 

institution who is employed in the financial aid office of 

the institution or who otherwise has responsibilities with 

respect to education loans, or agent who has responsibilities 

with respect to education loans, shall solicit or accept any 

gift from a lender, guarantor, or servicer of education loans. 

‘‘(B) DEFINITION OF GIFT.— 

‘‘(i) IN GENERAL.—In this paragraph, the term ‘gift’ 

means any gratuity, favor, discount, entertainment, 

hospitality, loan, or other item having a monetary 

value of more than a de minimus amount. The term 

includes a gift of services, transportation, lodging, or 

meals, whether provided in kind, by purchase of a 

ticket, payment in advance, or reimbursement after 

the expense has been incurred. 

‘‘(ii) EXCEPTIONS.—The term ‘gift’ shall not include 

any of the following: 

‘‘(I) Standard material, activities, or programs 

on issues related to a loan, default aversion, 

default prevention, or financial literacy, such as 

a brochure, a workshop, or training. 

‘‘(II) Food, refreshments, training, or informational material furnished to an officer or employee 

of an institution, or to an agent, as an integral 

part of a training session that is designed to 

improve the service of a lender, guarantor, or 

servicer of education loans to the institution, if 

such training contributes to the professional 

development of the officer, employee, or agent. 

‘‘(III) Favorable terms, conditions, and borrower benefits on an education loan provided to 

a student employed by the institution if such 

terms, conditions, or benefits are comparable to 

those provided to all students of the institution. 

‘‘(IV) Entrance and exit counseling services 

provided to borrowers to meet the institution’s 

responsibilities for entrance and exit counseling 

as required by subsections (b) and (l) of section 

485, as long as— 

‘‘(aa) the institution’s staff are in control 

of the counseling, (whether in person or via 

electronic capabilities); and 


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‘‘(bb) such counseling does not promote 

the products or services of any specific lender. 

‘‘(V) Philanthropic contributions to an institution from a lender, servicer, or guarantor of education loans that are unrelated to education loans 

or any contribution from any lender, guarantor, 

or servicer that is not made in exchange for any 

advantage related to education loans. 

‘‘(VI) State education grants, scholarships, or 

financial aid funds administered by or on behalf 

of a State. 

‘‘(iii) RULE FOR GIFTS TO FAMILY MEMBERS.—For 

purposes of this paragraph, a gift to a family member 

of an officer or employee of an institution, to a family 

member of an agent, or to any other individual based 

on that individual’s relationship with the officer, 

employee, or agent, shall be considered a gift to the 

officer, employee, or agent if— 

‘‘(I) the gift is given with the knowledge and 

acquiescence of the officer, employee, or agent; and 

‘‘(II) the officer, employee, or agent has reason 

to believe the gift was given because of the official 

position of the officer, employee, or agent. 

‘‘(3) CONTRACTING ARRANGEMENTS PROHIBITED.— 

‘‘(A) PROHIBITION.—An officer or employee who is 

employed in the financial aid office of the institution or 

who otherwise has responsibilities with respect to education 

loans, or an agent who has responsibilities with respect 

to education loans, shall not accept from any lender or 

affiliate of any lender any fee, payment, or other financial 

benefit (including the opportunity to purchase stock) as 

compensation for any type of consulting arrangement or 

other contract to provide services to a lender or on behalf 

of a lender relating to education loans. 

‘‘(B) EXCEPTIONS.—Nothing in this subsection shall be 

construed as prohibiting— 

‘‘(i) an officer or employee of an institution who 

is not employed in the institution’s financial aid office 

and who does not otherwise have responsibilities with 

respect to education loans, or an agent who does not 

have responsibilities with respect to education loans, 

from performing paid or unpaid service on a board 

of directors of a lender, guarantor, or servicer of education loans; 

‘‘(ii) an officer or employee of the institution who 

is not employed in the institution’s financial aid office 

but who has responsibility with respect to education 

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

or an agent who has responsibility with respect to 

education loans, from performing paid or unpaid 

service on a board of directors of a lender, guarantor, 

or servicer of education loans, if the institution has 

a written conflict of interest policy that clearly sets 

forth that officers, employees, or agents must recuse 

themselves from participating in any decision of the 

board regarding education loans at the institution; or 


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‘‘(iii) an officer, employee, or contractor of a lender, 

guarantor, or servicer of education loans from serving 

on a board of directors, or serving as a trustee, of 

an institution, if the institution has a written conflict 

of interest policy that the board member or trustee 

must recuse themselves from any decision regarding 

education loans at the institution. 

‘‘(4) INTERACTION WITH BORROWERS.—The institution shall 

not— 

‘‘(A) for any first-time borrower, assign, through award 

packaging or other methods, the borrower’s loan to a particular lender; or 

‘‘(B) refuse to certify, or delay certification of, any 

loan based on the borrower’s selection of a particular lender 

or guaranty agency. 

‘‘(5) PROHIBITION ON OFFERS OF FUNDS FOR PRIVATE

LOANS.— 

‘‘(A) PROHIBITION.—The institution shall not request 

or accept from any lender any offer of funds to be used 

for private education loans (as defined in section 140 of 

the Truth in Lending Act), including funds for an opportunity pool loan, to students in exchange for the institution 

providing concessions or promises regarding providing the 

lender with— 

‘‘(i) a specified number of loans made, insured, 

or guaranteed under this title; 

‘‘(ii) a specified loan volume of such loans; or 

‘‘(iii) a preferred lender arrangement for such 

loans. 

‘‘(B) DEFINITION OF OPPORTUNITY POOL LOAN.—In this 

paragraph, the term ‘opportunity pool loan’ means a private 

education loan made by a lender to a student attending 

the institution or the family member of such a student 

that involves a payment, directly or indirectly, by such 

institution of points, premiums, additional interest, or 

financial support to such lender for the purpose of such 

lender extending credit to the student or the family. 

‘‘(6) BAN ON STAFFING ASSISTANCE.— 

‘‘(A) PROHIBITION.—The institution shall not request 

or accept from any lender any assistance with call center 

staffing or financial aid office staffing. 

‘‘(B) CERTAIN ASSISTANCE PERMITTED.—Nothing in 

paragraph (1) shall be construed to prohibit the institution 

from requesting or accepting assistance from a lender 

related to— 

‘‘(i) professional development training for financial 

aid administrators; 

‘‘(ii) providing educational counseling materials, 

financial literacy materials, or debt management materials to borrowers, provided that such materials disclose to borrowers the identification of any lender that 

assisted in preparing or providing such materials; or 

‘‘(iii) staffing services on a short-term, nonrecurring basis to assist the institution with financial 

aid-related functions during emergencies, including 

State-declared or federally declared natural disasters, 


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federally declared national disasters, and other localized disasters and emergencies identified by the Secretary. 

‘‘(7) ADVISORY BOARD COMPENSATION.—Any employee who 

is employed in the financial aid office of the institution, or 

who otherwise has responsibilities with respect to education 

loans or other student financial aid of the institution, and 

who serves on an advisory board, commission, or group established by a lender, guarantor, or group of lenders or guarantors, 

shall be prohibited from receiving anything of value from the 

lender, guarantor, or group of lenders or guarantors, except 

that the employee may be reimbursed for reasonable expenses 

incurred in serving on such advisory board, commission, or 

group. 

‘‘(f) INSTITUTIONAL REQUIREMENTS FOR TEACH-OUTS.— 

‘‘(1) IN GENERAL.—In the event the Secretary initiates the 

limitation, suspension, or termination of the participation of 

an institution of higher education in any program under this 

title under the authority of subsection (c)(1)(F) or initiates 

an emergency action under the authority of subsection (c)(1)(G) 

and its prescribed regulations, the Secretary shall require that 

institution to prepare a teach-out plan for submission to the 

institution’s accrediting agency or association in compliance 

with section 496(c)(4), the Secretary’s regulations on teachout plans, and the standards of the institution’s accrediting 

agency or association. 

‘‘(2) TEACH-OUT PLAN DEFINED.—In this subsection, the 

term ‘teach-out plan’ means a written plan that provides for 

the equitable treatment of students if an institution of higher 

education ceases to operate before all students have completed 

their program of study, and may include, if required by the 

institution’s accrediting agency or association, an agreement 

between institutions for such a teach-out plan. 

‘‘(g) INSPECTOR GENERAL REPORT ON GIFT BAN VIOLATIONS.— 

The Inspector General of the Department shall— 

‘‘(1) submit an annual report to the authorizing committees 

identifying all violations of an institution’s code of conduct 

that the Inspector General has substantiated during the preceding year relating to the gift ban provisions described in 

subsection (f)(2); and 

‘‘(2) make the report available to the public through the 

Department’s website. 

‘‘(h) PREFERRED LENDER LIST REQUIREMENTS.— 

‘‘(1) IN GENERAL.—In compiling, maintaining, and making 

available a preferred lender list as required under subsection 

(a)(27), the institution will— 

‘‘(A) clearly and fully disclose on such preferred lender 

list— 

‘‘(i) not less than the information required to be 

disclosed under section 153(a)(2)(A); 

‘‘(ii) why the institution has entered into a preferred lender arrangement with each lender on the 

preferred lender list, particularly with respect to terms 

and conditions or provisions favorable to the borrower; 

and 

Public 

information. 

Web site. 

Plans. 


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‘‘(iii) that the students attending the institution, 

or the families of such students, do not have to borrow 

from a lender on the preferred lender list; 

‘‘(B) ensure, through the use of the list of lender affiliates provided by the Secretary under paragraph (2), that— 

‘‘(i) there are not less than three lenders of loans 

made under part B that are not affiliates of each 

other included on the preferred lender list and, if the 

institution recommends, promotes, or endorses private 

education loans, there are not less than two lenders 

of private education loans that are not affiliates of 

each other included on the preferred lender list; and 

‘‘(ii) the preferred lender list under this paragraph— 

‘‘(I) specifically indicates, for each listed 

lender, whether the lender is or is not an affiliate 

of each other lender on the preferred lender list; 

and 

‘‘(II) if a lender is an affiliate of another lender 

on the preferred lender list, describes the details 

of such affiliation; 

‘‘(C) prominently disclose the method and criteria used 

by the institution in selecting lenders with which to enter 

into preferred lender arrangements to ensure that such 

lenders are selected on the basis of the best interests 

of the borrowers, including— 

‘‘(i) payment of origination or other fees on behalf 

of the borrower; 

‘‘(ii) highly competitive interest rates, or other 

terms and conditions or provisions of loans under this 

title or private education loans; 

‘‘(iii) high-quality servicing for such loans; or 

‘‘(iv) additional benefits beyond the standard terms 

and conditions or provisions for such loans; 

‘‘(D) exercise a duty of care and a duty of loyalty 

to compile the preferred lender list under this paragraph 

without prejudice and for the sole benefit of the students 

attending the institution, or the families of such students; 

‘‘(E) not deny or otherwise impede the borrower’s choice 

of a lender or cause unnecessary delay in loan certification 

under this title for those borrowers who choose a lender 

that is not included on the preferred lender list; and 

‘‘(F) comply with such other requirements as the Secretary may prescribe by regulation. 

‘‘(2) LENDER AFFILIATES LIST.— 

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

regularly update a list of lender affiliates of all eligible 

lenders, and shall provide such list to institutions for use 

in carrying out paragraph (1)(B). 

‘‘(B) USE OF MOST RECENT LIST.—An institution shall 

use the most recent list of lender affiliates provided by 

the Secretary under subparagraph (A) in carrying out paragraph (1)(B).’’. 

(d) DEFINITIONS.—Section 487(i) (as redesignated by subsection 

(c)(1)) (20 U.S.C. 1087(i)) is further amended— 

(1) by striking ‘‘(i) DEFINITION OF ELIGIBLE INSTITUTION.— For the purpose of this section, the’’ and inserting the following: 

20 USC 1094. 


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122 STAT. 3318 PUBLIC LAW 110–315—AUG. 14, 2008 

‘‘(i) DEFINITIONS.—For the purpose of this section: 

‘‘(1) AGENT.—The term ‘agent’ has the meaning given the 

term in section 151. 

‘‘(2) AFFILIATE.—The term ‘affiliate’ means a person that 

controls, is controlled by, or is under common control with 

another person. A person controls, is controlled by, or is under 

common control with another person if— 

‘‘(A) the person directly or indirectly, or acting through 

one or more others, owns, controls, or has the power to 

vote five percent or more of any class of voting securities 

of such other person; 

‘‘(B) the person controls, in any manner, the election 

of a majority of the directors or trustees of such other 

person; or 

‘‘(C) the Secretary determines (after notice and opportunity for a hearing) that the person directly or indirectly 

exercises a controlling interest over the management or 

policies of such other person’s education loans. 

‘‘(3) EDUCATION LOAN.—The term ‘education loan’ has the 

meaning given the term in section 151. 

‘‘(4) ELIGIBLE INSTITUTION.—The’’; and 

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

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

the term in section 151. 

‘‘(6) PREFERRED LENDER ARRANGEMENT.—The term ‘preferred lender arrangement’ has the meaning given the term 

in section 151.’’. 

SEC. 494. REGULATORY RELIEF AND IMPROVEMENT. 

Section 487A(b) (20 U.S.C. 1094a(b)) is amended— 

(1) by amending paragraph (1) to read as follows: 

‘‘(1) IN GENERAL.—The Secretary shall continue the voluntary participation of any experimental sites in existence as 

of July 1, 2007, unless the Secretary determines that such 

site’s participation has not been successful in carrying out 

the purposes of this section. Any activities approved by the 

Secretary prior to such date that have not been successful 

in carrying out the purposes of this section shall be discontinued 

not later than June 30, 2009.’’; 

(2) in paragraph (2), by striking the matter preceding 

subparagraph (A) and inserting the following: 

‘‘(2) REPORT.—The Secretary shall review and evaluate the 

experience of institutions participating as experimental sites 

and shall, on a biennial basis, submit a report based on the 

review and evaluation to the authorizing committees. Such 

report shall include—’’; and 

(3) in paragraph (3)— 

(A) in subparagraph (A)— 

(i) by striking ‘‘Upon the submission of the report 

required by paragraph (2), the’’ and inserting ‘‘The’’; 

and 

(ii) by inserting ‘‘periodically’’ after ‘‘authorized to’’; 

(B) by striking subparagraph (B); 

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

(D) in subparagraph (B) (as redesignated by subparagraph (C))— 

Deadline. 

Effective date. 


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PUBLIC LAW 110–315—AUG. 14, 2008 122 STAT. 3319 

(i) by inserting ‘‘, including requirements related 

to the award process and disbursement of student 

financial aid (such as innovative delivery systems for 

modular or compressed courses, or other innovative 

systems), verification of student financial aid application data, entrance and exit interviews, or other 

management procedures or processes as determined 

in the negotiated rulemaking process under section 

492’’ after ‘‘requirements in this title’’; 

(ii) by inserting ‘‘(other than an award rule related 

to an experiment in modular or compressed schedules)’’ 

after ‘‘award rules’’; and 

(iii) by inserting ‘‘unless the waiver of such provisions is authorized by another provision under this 

title’’ before the period at the end. 

SEC. 494A. TRANSFER OF ALLOTMENTS. 

Section 488 (20 U.S.C. 1095) is amended in the first sentence— 

(1) in paragraph (1), by striking ‘‘and’’ after the semicolon; 

(2) in paragraph (2), by striking ‘‘413D.’’ and inserting 

‘‘413D or 462 (or both); and’’; and 

(3) by adding at the end ‘‘(3) transfer 25 percent of the 

institution’s allotment under section 413D to the institution’s 

allotment under section 442.’’. 

SEC. 494B. PURPOSE OF ADMINISTRATIVE PAYMENTS. 

Section 489(b)(1) (20 U.S.C. 1096(b)(1)) is amended by striking 

‘‘offsetting the administrative costs of’’ and inserting ‘‘administering’’. 

SEC. 494C. ADVISORY COMMITTEE ON STUDENT FINANCIAL ASSISTANCE. 

(a) AMENDMENTS.—Section 491 (20 U.S.C. 1098) is amended— 

(1) in subsection (a)(2)— 

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

semicolon; 

(B) in subparagraph (C), by striking the period and 

inserting a semicolon; and 

(C) by adding at the end the following: 

‘‘(D) to provide knowledge and understanding of early 

intervention programs, and to make recommendations that 

will result in early awareness by low- and moderate-income 

students and families— 

‘‘(i) of their eligibility for assistance under this 

title; and 

‘‘(ii) to the extent practicable, of their eligibility 

for other forms of State and institutional need-based 

student assistance; 

‘‘(E) to make recommendations that will expand and 

improve partnerships among the Federal Government, 

States, institutions of higher education, and private entities 

to increase the awareness and the total amount of needbased student assistance available to low- and moderateincome students; and 

‘‘(F) to collect information on Federal regulations, and 

on the impact of Federal regulations on student financial 

assistance and on the cost of receiving a postsecondary 


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education, and to make recommendations to help streamline the regulations for institutions of higher education 

from all sectors.’’; 

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

new subsection: 

‘‘(c) MEMBERSHIP.—(1) The Advisory Committee shall consist 

of 11 members appointed as follows: 

‘‘(A) Four members shall be appointed by the President 

pro tempore of the Senate, of whom two members shall be 

appointed from recommendations by the Majority Leader of 

the Senate, and two members shall be appointed from recommendations by the Minority Leader of the Senate. 

‘‘(B) Four members shall be appointed by the Speaker 

of the House of Representatives, of whom two members shall 

be appointed from recommendations by the Majority Leader 

of the House of Representatives, and two members shall be 

appointed from recommendations by the Minority Leader of 

the House of Representatives. 

‘‘(C) Three members shall be appointed by the Secretary, 

of whom at least one member shall be a student. 

‘‘(2) Each member of the Advisory Committee, with the exception of a student member, shall be appointed on the basis of technical qualifications, professional experience, and demonstrated 

knowledge in the fields of higher education, student financial aid, 

financing post-secondary education, and the operations and 

financing of student loan guarantee agencies. 

‘‘(3) The appointment of a member under subparagraph (A) 

or (B) of paragraph (1) shall be effective upon publication of such 

appointment in the Congressional Record.’’; 

(3) in subsection (d)— 

(A) in paragraph (6), by striking ‘‘, but nothing in 

this section shall authorize the committee to perform such 

studies, surveys, or analyses’’; 

(B) in paragraph (8), by striking ‘‘and’’ after the semicolon; 

(C) by redesignating paragraph (9) as paragraph (11); 

and 

(D) by inserting after paragraph (8) (as amended by 

subparagraph (B)) the following: 

‘‘(9) provide an annual report to the authorizing committees 

that provides analyses and policy recommendations regarding— 

‘‘(A) the adequacy of need-based grant aid for lowand moderate-income students; and 

‘‘(B) the postsecondary enrollment and graduation rates 

of low- and moderate-income students; 

‘‘(10) develop and maintain an information clearinghouse 

to help institutions of higher education understand the regulatory impact of the Federal Government on institutions of 

higher education from all sectors, in order to raise awareness 

of institutional legal obligations and provide information to 

improve compliance with, and to reduce the duplication and 

inefficiency of, Federal regulations; and’’; 

(4) in subsection (e)— 

(A) in the matter preceding subparagraph (A) of paragraph (1), by striking ‘‘3’’ and inserting ‘‘4’’; and 

(B) in paragraph (2), by striking ‘‘A member of the 

Advisory Committee shall’’ and all that follows through 

Clearinghouse. 

Deadline. 

Reports. 

Effective date. 

Publication. 

President. 


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PUBLIC LAW 110–315—AUG. 14, 2008 122 STAT. 3321 

‘‘on the Advisory Committee.’’ and inserting ‘‘A member 

of the Advisory Committee serving on the date of enactment 

of the Higher Education Opportunity Act shall be permitted 

to serve the duration of the member’s term, regardless 

of whether the member was previously appointed to more 

than one term.’’; 

(5) in subsection (j)— 

(A) in paragraph (1)— 

(i) by inserting ‘‘and simplifications’’ after ‘‘delivery 

processes’’; and 

(ii) by striking ‘‘including the implementation of 

a performance-based organization within the Department, and report to Congress regarding such modernization on not less than an annual basis,’’; and 

(B) by striking paragraphs (4) and (5) and inserting 

the following: 

‘‘(4) conduct a review and analysis of regulations in accordance with subsection (l); and 

‘‘(5) conduct a study in accordance with subsection (m).’’; 

(6) in subsection (k), by striking ‘‘2004’’ and inserting 

‘‘2014’’; and 

(7) by adding at the end the following: 

‘‘(l) REVIEW AND ANALYSIS OF REGULATIONS.— 

‘‘(1) RECOMMENDATIONS.—The Advisory Committee shall 

make recommendations to the Secretary and the authorizing 

committees for consideration of future legislative action 

regarding redundant or outdated regulations consistent with 

the Secretary’s requirements under section 498B. 

‘‘(2) REVIEW AND ANALYSIS OF REGULATIONS.— 

‘‘(A) REVIEW OF CURRENT REGULATIONS.—To meet the 

requirements of subsection (d)(10), the Advisory Committee 

shall conduct a review and analysis of the regulations 

issued by Federal agencies that are in effect at the time 

of the review and that apply to the operations or activities 

of institutions of higher education from all sectors. The 

review and analysis may include a determination of 

whether the regulation is duplicative, is no longer necessary, is inconsistent with other Federal requirements, 

or is overly burdensome. In conducting the review, the 

Advisory Committee shall pay specific attention to evaluating ways in which regulations under this title affecting 

institutions of higher education (other than institutions 

described in section 102(a)(1)(C)), that have received in 

each of the two most recent award years prior to the 

date of enactment of Higher Education Opportunity Act 

less than $200,000 in funds through this title, may be 

improved, streamlined, or eliminated. 

‘‘(B) REVIEW AND COLLECTION OF FUTURE REGULATIONS.—The Advisory Committee shall— 

‘‘(i) monitor all Federal regulations, including 

notices of proposed rulemaking, for their impact or 

potential impact on higher education; and 

‘‘(ii) provide a succinct description of each regulation or proposed regulation that is generally relevant 

to institutions of higher education from all sectors. 


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‘‘(C) MAINTENANCE OF PUBLIC WEBSITE.—The Advisory 

Committee shall develop and maintain an easy to use, 

searchable, and regularly updated website that— 

‘‘(i) provides information collected in subparagraph 

(B); 

‘‘(ii) provides an area for the experts and members 

of the public to provide recommendations for ways 

in which the regulations may be streamlined; and 

‘‘(iii) publishes the study conducted by the National 

Research Council of the National Academy of Sciences 

under section 1106 of the Higher Education Opportunity Act. 

‘‘(3) CONSULTATION.— ‘‘(A) IN GENERAL.—In carrying out the review, analysis, 

and development of the website required under paragraph 

(2), the Advisory Committee shall consult with the Secretary, other Federal agencies, relevant representatives of 

institutions of higher education, individuals who have 

expertise and experience with Federal regulations, and the 

review panels described in subparagraph (B). 

‘‘(B) REVIEW PANELS.—The Advisory Committee shall 

convene not less than two review panels of representatives 

of the groups involved in higher education, including 

individuals involved in student financial assistance programs under this title, who have experience and expertise 

in the regulations issued by the Federal Government that 

affect all sectors of higher education, in order to review 

the regulations and to provide recommendations to the 

Advisory Committee with respect to the review and analysis 

under paragraph (2). The panels shall be made up of 

experts in areas such as the operations of the financial 

assistance programs, the institutional eligibility requirements for the financial assistance programs, regulations 

not directly related to the operations or the institutional 

eligibility requirements of the financial assistance programs, and regulations for dissemination of information 

to students about the financial assistance programs. 

‘‘(4) PERIODIC UPDATES TO THE AUTHORIZING COMMITTEES.— 

The Advisory Committee shall— 

‘‘(A) submit, not later than two years after the completion of the negotiated rulemaking process required under 

section 492 resulting from the amendments to this Act 

made by the Higher Education Opportunity Act, a report 

to the authorizing committees and the Secretary detailing 

the review panels’ findings and recommendations with 

respect to the review of regulations; and 

‘‘(B) provide periodic updates to the authorizing 

committees regarding— 

‘‘(i) the impact of all Federal regulations on all 

sectors of higher education; and 

‘‘(ii) suggestions provided through the website for 

streamlining or eliminating duplicative regulations. 

‘‘(5) ADDITIONAL SUPPORT.—The Secretary and the 

Inspector General of the Department shall provide such assistance and resources to the Advisory Committee as the Secretary 

and Inspector General determine are necessary to conduct the 

review and analysis required by this subsection. 

Deadline. 

Reports. 


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PUBLIC LAW 110–315—AUG. 14, 2008 122 STAT. 3323 

‘‘(m) STUDY OF INNOVATIVE PATHWAYS TO BACCALAUREATE

DEGREE ATTAINMENT.— ‘‘(1) STUDY REQUIRED.—The Advisory Committee shall conduct a study of the feasibility of increasing baccalaureate degree 

attainment rates by reducing the costs and financial barriers 

to attaining a baccalaureate degree through innovative programs. 

‘‘(2) SCOPE OF STUDY.—The Advisory Committee shall 

examine new and existing programs that promote baccalaureate 

degree attainment through innovative ways, such as dual or 

concurrent enrollment programs, changes made to the Federal 

Pell Grant program, simplification of the needs analysis process, 

compressed or modular scheduling, articulation agreements, 

and programs that allow two-year institutions of higher education to offer baccalaureate degrees. 

‘‘(3) REQUIRED ASPECTS OF THE STUDY.—In performing the 

study described in this subsection, the Advisory Committee 

shall examine the following aspects of such innovative programs: 

‘‘(A) The impact of such programs on baccalaureate 

attainment rates. 

‘‘(B) The degree to which a student’s total cost of 

attaining a baccalaureate degree can be reduced by such 

programs. 

‘‘(C) The ways in which low- and moderate-income 

students can be specifically targeted by such programs. 

‘‘(D) The ways in which nontraditional students can 

be specifically targeted by such programs. 

‘‘(E) The cost-effectiveness for the Federal Government, 

States, and institutions of higher education to implement 

such programs. 

‘‘(4) CONSULTATION.— 

‘‘(A) IN GENERAL.—In performing the study described 

in this subsection, the Advisory Committee shall consult 

with a broad range of interested parties in higher education, including parents, students, appropriate representatives of secondary schools and institutions of higher education, appropriate State administrators, administrators of 

dual or concurrent enrollment programs, and appropriate 

Department officials. 

‘‘(B) CONSULTATION WITH THE AUTHORIZING COMMITTEES.—The Advisory Committee shall consult on a regular 

basis with the authorizing committees in carrying out the 

study required by this subsection. 

‘‘(5) REPORTS TO AUTHORIZING COMMITTEES.— 

‘‘(A) INTERIM REPORT.—The Advisory Committee shall 

prepare and submit to the authorizing committees and 

the Secretary an interim report, not later than one year 

after the date of enactment of the Higher Education Opportunity Act, describing the progress made in conducting 

the study required by this subsection and any preliminary 

findings on the topics identified under paragraph (2). 

‘‘(B) FINAL REPORT.—The Advisory Committee shall, 

not later than three years after the date of enactment 

of the Higher Education Opportunity Act, prepare and 

submit to the authorizing committees and the Secretary 

a final report on the study, including recommendations 


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for legislative, regulatory, and administrative changes 

based on findings related to the topics identified under 

paragraph (2).’’. 

(b) CONFORMING AMENDMENTS.—Subsections (a)(1), (b), and 

(d)(6) of section 491 (20 U.S.C. 1098) are each amended by striking 

‘‘Congress’’ and inserting ‘‘authorizing committees’’. 

SEC. 494D. REGIONAL MEETINGS AND NEGOTIATED RULEMAKING. 

(a) REGIONAL MEETINGS.—Section 492(a) (20 U.S.C. 1098a(a)) 

is amended— 

(1) in paragraph (1), by inserting ‘‘State student grant 

agencies,’’ after ‘‘institutions of higher education,’’; and 

(2) in paragraph (2), by striking ‘‘, as amended by the 

Higher Education Amendments of 1998’’. 

(b) NEGOTIATED RULEMAKING.—Section 492(b)(1) (20 U.S.C. 

1098a(b)(1)) is amended— 

(1) in the first sentence, by striking ‘‘as amended by the 

Higher Education Amendments of 1998’’; and 

(2) in the third sentence— 

(A) by striking ‘‘To the extent possible, the Secretary’’ 

and inserting ‘‘The Secretary’’; and 

(B) by inserting ‘‘with demonstrated expertise or 

experience in the relevant subjects under negotiation,’’ after 

‘‘select individuals’’. 

SEC. 494E. YEAR 2000 REQUIREMENTS AT THE DEPARTMENT. 

Section 493A (20 U.S.C. 1098c) is repealed. 

SEC. 494F. TECHNICAL AMENDMENT OF INCOME-BASED REPAYMENT. 

Section 493C(b)(1) (20 U.S.C. 1098e(b)(1)) is amended by 

striking ‘‘or is already in default’’ and inserting ‘‘or had been in 

default’’. 

PART H—PROGRAM INTEGRITY 

SEC. 495. RECOGNITION OF ACCREDITING AGENCY OR ASSOCIATION. 

Section 496 (20 U.S.C. 1099b) is amended— 

(1) in subsection (a)— 

(A) by striking paragraph (4) and inserting the following: 

‘‘(4)(A) such agency or association consistently applies and 

enforces standards that respect the stated mission of the 

institution of higher education, including religious missions, 

and that ensure that the courses or programs of instruction, 

training, or study offered by the institution of higher education, 

including distance education or correspondence courses or programs, are of sufficient quality to achieve, for the duration 

of the accreditation period, the stated objective for which the 

courses or the programs are offered; and 

‘‘(B) if such agency or association has or seeks to include 

within its scope of recognition the evaluation of the quality 

of institutions or programs offering distance education or correspondence education, such agency or association shall, in 

addition to meeting the other requirements of this subpart, 

demonstrate to the Secretary that— 

‘‘(i) the agency or association’s standards effectively 

address the quality of an institution’s distance education 


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or correspondence education in the areas identified in paragraph (5), except that— 

‘‘(I) the agency or association shall not be required 

to have separate standards, procedures, or policies for 

the evaluation of distance education or correspondence 

education institutions or programs in order to meet 

the requirements of this subparagraph; and 

‘‘(II) in the case that the agency or association 

is recognized by the Secretary, the agency or association shall not be required to obtain the approval of 

the Secretary to expand its scope of accreditation to 

include distance education or correspondence education, provided that the agency or association notifies 

the Secretary in writing of the change in scope; and 

‘‘(ii) the agency or association requires an institution 

that offers distance education or correspondence education 

to have processes through which the institution establishes 

that the student who registers in a distance education 

or correspondence education course or program is the same 

student who participates in and completes the program 

and receives the academic credit;’’; 

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

to read as follows: 

‘‘(A) success with respect to student achievement in 

relation to the institution’s mission, which may include 

different standards for different institutions or programs, 

as established by the institution, including, as appropriate, 

consideration of State licensing examinations, consideration 

of course completion, and job placement rates;’’; 

(C) by striking paragraph (6) and inserting the following: 

‘‘(6) such an agency or association shall establish and apply 

review procedures throughout the accrediting process, including 

evaluation and withdrawal proceedings, which comply with due 

process procedures that provide— 

‘‘(A) for adequate written specification of— 

‘‘(i) requirements, including clear standards for an 

institution of higher education or program to be accredited; and 

‘‘(ii) identified deficiencies at the institution or program examined; 

‘‘(B) for sufficient opportunity for a written response, 

by an institution or program, regarding any deficiencies 

identified by the agency or association to be considered 

by the agency or association— 

‘‘(i) within a timeframe determined by the agency 

or association; and 

‘‘(ii) prior to final action in the evaluation and 

withdrawal proceedings; 

‘‘(C) upon the written request of an institution or program, for an opportunity for the institution or program 

to appeal any adverse action under this section, including 

denial, withdrawal, suspension, or termination of accreditation, taken against the institution or program, prior to 

such action becoming final at a hearing before an appeals 

panel that— 

Procedures. 

Notification. 


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‘‘(i) shall not include current members of the 

agency’s or association’s underlying decisionmaking 

body that made the adverse decision; and 

‘‘(ii) is subject to a conflict of interest policy; 

‘‘(D) for the right to representation and participation 

by counsel for an institution or program during an appeal 

of the adverse action; 

‘‘(E) for a process, in accordance with written procedures developed by the agency or association, through 

which an institution or program, before a final adverse 

action based solely upon a failure to meet a standard 

or criterion pertaining to finances, may on one occasion 

seek review of significant financial information that was 

unavailable to the institution or program prior to the determination of the adverse action, and that bears materially 

on the financial deficiencies identified by the agency or 

association; 

‘‘(F) in the case that the agency or association determines that the new financial information submitted by 

the institution or program under subparagraph (E) meets 

the criteria of significance and materiality described in 

such subparagraph, for consideration by the agency or 

association of the new financial information prior to the 

adverse action described in such subparagraph becoming 

final; and 

‘‘(G) that any determination by the agency or association made with respect to the new financial information 

described in subparagraph (E) shall not be separately 

appealable by the institution or program.’’; 

(2) in subsection (c)— 

(A) in paragraph (1), by inserting ‘‘, including those 

regarding distance education’’ after ‘‘their responsibilities’’; 

(B) by redesignating paragraphs (2) through (6) as 

paragraphs (4) through (8); 

(C) by inserting after paragraph (1) (as amended by 

subparagraph (A)) the following: 

‘‘(2) monitors the growth of programs at institutions that 

are experiencing significant enrollment growth; 

‘‘(3) requires an institution to submit for approval to the 

accrediting agency a teach-out plan upon the occurrence of 

any of the following events: 

‘‘(A) the Department notifies the accrediting agency 

of an action against the institution pursuant to section 

487(f); 

‘‘(B) the accrediting agency acts to withdraw, terminate, or suspend the accreditation of the institution; or 

‘‘(C) the institution notifies the accrediting agency that 

the institution intends to cease operations;’’; 

(D) by striking paragraph (7) (as redesignated by 

subparagraph (B)) and inserting the following: 

‘‘(7) makes available to the public and the State licensing 

or authorizing agency, and submits to the Secretary, a summary 

of agency or association actions, including— 

‘‘(A) the award of accreditation or reaccreditation of 

an institution; 

‘‘(B) final denial, withdrawal, suspension, or termination of accreditation of an institution, and any findings 


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made in connection with the action taken, together with 

the official comments of the affected institution; and 

‘‘(C) any other adverse action taken with respect to 

an institution or placement on probation of an institution;’’; 

(E) in paragraph (8) (as redesignated by subparagraph 

(B)), by striking the period and inserting ‘‘; and’’; and 

(F) by adding at the end the following: 

‘‘(9) confirms, as a part of the agency’s or association’s 

review for accreditation or reaccreditation, that the institution 

has transfer of credit policies— 

‘‘(A) that are publicly disclosed; and 

‘‘(B) that include a statement of the criteria established 

by the institution regarding the transfer of credit earned 

at another institution of higher education.’’; 

(3) in subsection (g), by adding at the end the following: 

‘‘Nothing in this section shall be construed to permit the Secretary to establish any criteria that specifies, defines, or prescribes the standards that accrediting agencies or associations 

shall use to assess any institution’s success with respect to 

student achievement.’’; 

(4) in subsection (o), by adding at the end the following: 

‘‘Notwithstanding any other provision of law, the Secretary 

shall not promulgate any regulation with respect to the standards of an accreditation agency or association described in 

subsection (a)(5).’’; and 

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

‘‘(p) RULE OF CONSTRUCTION.—Nothing in subsection (a)(5) shall 

be construed to restrict the ability of— 

‘‘(1) an accrediting agency or association to set, with the 

involvement of its members, and to apply, accreditation standards for or to institutions or programs that seek review by 

the agency or association; or 

‘‘(2) an institution to develop and use institutional standards to show its success with respect to student achievement, 

which achievement may be considered as part of any accreditation review. 

‘‘(q) REVIEW OF SCOPE CHANGES.—The Secretary shall require 

a review, at the next available meeting of the National Advisory 

Committee on Institutional Quality and Integrity, of any change 

in scope undertaken by an agency or association under subsection 

(a)(4)(B)(i)(II) if the enrollment of an institution that offers distance 

education or correspondence education that is accredited by such 

agency or association increases by 50 percent or more within any 

one institutional fiscal year.’’. 

SEC. 496. ELIGIBILITY AND CERTIFICATION PROCEDURES. 

Section 498 (20 U.S.C. 1099c) is amended— 

(1) in subsection (d)(1)(B), by inserting ‘‘and’’ after the 

semicolon; and 

(2) by adding at the end the following: 

‘‘(k) TREATMENT OF TEACH-OUTS AT ADDITIONAL LOCATIONS.— ‘‘(1) IN GENERAL.—A location of a closed institution of 

higher education shall be eligible as an additional location 

of an eligible institution of higher education, as defined pursuant to regulations of the Secretary, for the purposes of a teachout described in section 487(f), if such teach-out has been 

approved by the institution’s accrediting agency. 


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‘‘(2) SPECIAL RULE.—An institution of higher education that 

conducts a teach-out through the establishment of an additional 

location described in paragraph (1) shall be permitted to establish a permanent additional location at a closed institution 

and shall not be required— 

‘‘(A) to meet the requirements of sections 102(b)(1)(E) 

and 102(c)(1)(C) for such additional location; or 

‘‘(B) to assume the liabilities of the closed institution.’’. 

SEC. 497. PROGRAM REVIEW AND DATA. 

Section 498A(b) (20 U.S.C. 1099c–1(b)) is amended— 

(1) in paragraph (4), by striking ‘‘and’’ after the semicolon; 

(2) in paragraph (5) by striking the period and inserting 

a semicolon; and 

(3) by adding at the end the following: 

‘‘(6) provide to an institution of higher education an adequate opportunity to review and respond to any program review 

report and relevant materials related to the report before any 

final program review report is issued; 

‘‘(7) review and take into consideration an institution of 

higher education’s response in any final program review report 

or audit determination, and include in the report or determination— 

‘‘(A) a written statement addressing the institution 

of higher education’s response; 

‘‘(B) a written statement of the basis for such report 

or determination; and 

‘‘(C) a copy of the institution’s response; and 

‘‘(8) maintain and preserve at all times the confidentiality 

of any program review report until the requirements of paragraphs (6) and (7) are met, and until a final program review 

is issued, other than to the extent required to comply with 

paragraph (5), except that the Secretary shall promptly disclose 

any and all program review reports to the institution of higher 

education under review.’’. 

SEC. 498. REVIEW OF REGULATIONS. 

Section 498B (20 U.S.C. 1099c–2) is amended by striking subsection (d). 

PART I—COMPETITIVE LOAN AUCTION PILOT 

PROGRAM 

SEC. 499. COMPETITIVE LOAN AUCTION PILOT PROGRAM EVALUATION. 

Section 499 (20 U.S.C. 1099d) is amended— 

(1) in subsection (b)(3)— 

(A) in subparagraph (B)— 

(i) in clause (i), by striking ‘‘and’’ after the semicolon; 

(ii) in clause (ii), by striking the period at the 

end of the sentence and inserting ‘‘; and’’; and 

(iii) by adding at the end the following: 

‘‘(iii) a commitment from such eligible lender that, 

if the lender has a winning bid under subparagraph 

(F), the lender will enter into the agreement required 

under subparagraph (G).’’; 


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(B) by striking subparagraph (G) and inserting the 

following: 

‘‘(G) AGREEMENT WITH SECRETARY; COMPLIANCE.— 

‘‘(i) AGREEMENT.—Each eligible lender having a 

winning bid under subparagraph (F) shall enter into 

an agreement with the Secretary under which the 

eligible lender— 

‘‘(I) agrees to originate eligible Federal PLUS 

Loans under this paragraph to each borrower 

who— 

‘‘(aa) seeks an eligible Federal PLUS Loan 

under this paragraph to enable a dependent 

student to attend an institution of higher education within the State; 

‘‘(bb) is eligible for an eligible Federal 

PLUS Loan; and 

‘‘(cc) elects to borrow from the eligible 

lender; and 

‘‘(II) agrees to accept a special allowance payment (after the application of section 

438(b)(2)(I)(v)) from the Secretary with respect to 

the eligible Federal PLUS Loans originated under 

subclause (I) in the amount proposed in the second 

lowest winning bid described in subparagraph (F) 

for the applicable State auction. 

‘‘(ii) COMPLIANCE.—If an eligible lender with a winning bid under subparagraph (F) fails to enter into 

the agreement required under clause (i), or fails to 

comply with the terms of such agreement, the Secretary may sanction such eligible lender through one 

or more of the following: 

‘‘(I) The assessment of a penalty on such 

eligible lender for any eligible Federal PLUS Loans 

that such eligible lender fails to originate under 

this paragraph in accordance with the agreement 

required under clause (i), in the amount of the 

additional costs (including the amounts of any 

increase in special allowance payments) incurred 

by the Secretary in obtaining another eligible 

lender to originate such eligible Federal PLUS 

Loans. The Secretary shall collect such penalty 

by— 

‘‘(aa) reducing the amount of any payments otherwise due to such eligible lender 

from the Secretary by the amount of the penalty; or 

‘‘(bb) requesting any other Federal agency 

to reduce the amount of any payments due 

to such eligible lender from such agency by 

the amount of the penalty, in accordance with 

section 3716 of title 31, United States Code. 

‘‘(II) A prohibition of bidding by such lender 

in other auctions under this section. 

‘‘(III) The limitation, suspension, or termination of such eligible lender’s participation in the 

loan program under part B. 


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‘‘(IV) Any other enforcement action the Secretary is authorized to take under part B.’’; and 

(C) by striking subparagraph (J) and inserting the 

following: 

‘‘(J) GUARANTEE AGAINST LOSSES.—Each eligible Federal PLUS Loan originated under this paragraph shall 

be insured by a guaranty agency in accordance with part 

B, except that, notwithstanding section 428(b)(1)(G), such 

insurance shall be in an amount equal to 99 percent of 

the unpaid principal and interest due on the loan.’’; and 

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

‘‘(c) REQUIRED INITIAL EVALUATION.—The Secretary and Secretary of the Treasury shall jointly conduct an evaluation, in consultation with the Office of Management and Budget, the Congressional Budget Office, and the Comptroller General, of the pilot 

program carried out by the Secretary under this section. The evaluation shall determine— 

‘‘(1) the extent of the savings to the Federal Government 

that are generated through the pilot program, compared to 

the cost the Federal Government would have incurred in operating the PLUS loan program under section 428B in the absence 

of the pilot program; 

‘‘(2) the number of lenders that participated in the pilot 

program, and the extent to which the pilot program generated 

competition among lenders to participate in the auctions under 

the pilot program; 

‘‘(3) the number and volume of loans made under the 

pilot program in each State; 

‘‘(4) the effect of the transition to and operation of the 

pilot program on the ability of— 

‘‘(A) lenders participating in the pilot program to originate loans made through the pilot program smoothly and 

efficiently; 

‘‘(B) institutions of higher education participating in 

the pilot program to disburse loans made through the pilot 

program smoothly and efficiently; and 

‘‘(C) parents to obtain loans made through the pilot 

program in a timely and efficient manner; 

‘‘(5) the differential impact, if any, of the auction among 

the States, including between rural and non-rural States; and 

‘‘(6) the feasibility of using the mechanism piloted to 

operate the other loan programs under part B of this title. 

‘‘(d) REPORTS.— 

‘‘(1) IN GENERAL.—The Secretary and the Secretary of the 

Treasury shall submit to the authorizing committees— 

‘‘(A) not later than September 1, 2010, a preliminary 

report regarding the findings of the evaluation described 

in subsection (c); 

‘‘(B) not later than September 1, 2012, an interim 

report regarding such findings; and 

‘‘(C) not later than September 1, 2013, a final report 

regarding such findings. 

‘‘(2) CONTENTS.—The Secretary shall include, in each report 

required under subparagraphs (A), (B), and (C) of paragraph 

(1), any recommendations, that are based on the findings of 

the evaluation under subsection (c), for— 


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‘‘(A) improving the operation and administration of 

the auction; and 

‘‘(B) improving the operation and administration of 

other loan programs under part B.’’. 

TITLE V—DEVELOPING INSTITUTIONS 

SEC. 501. AUTHORIZED ACTIVITIES. 

Section 503(b) (20 U.S.C. 1101b(b)) is amended— 

(1) by redesignating paragraphs (6), (7), (8), (9), (10), (11), 

(12), (13), and (14), as paragraphs (7), (8), (9), (10), (11), (12), 

(13), (14), and (16), respectively; 

(2) in paragraph (5), by inserting ‘‘, including innovative 

and customized instruction courses (which may include 

remedial education and English language instruction) designed 

to help retain students and move the students rapidly into 

core courses and through program completion’’ before the period 

at the end; 

(3) by inserting after paragraph (5) the following: 

‘‘(6) Articulation agreements and student support programs 

designed to facilitate the transfer from two-year to four-year 

institutions.’’; 

(4) by inserting after paragraph (14) (as redesignated by 

paragraph (1)) the following: 

‘‘(15) Providing education, counseling services, or financial 

information designed to improve the financial literacy and economic literacy of students or the students’ families, especially 

with regard to student indebtedness and student assistance 

programs under title IV.’’; and 

(5) in paragraph (11) (as redesignated by paragraph (1)), 

by striking ‘‘distance learning academic instruction capabilities’’ 

and inserting ‘‘distance education technologies’’. 

SEC. 502. POSTBACCALAUREATE OPPORTUNITIES FOR HISPANIC 

AMERICANS. 

(a) AMENDMENTS.—Title V (20 U.S.C. 1101 et seq.) is 

amended— 

(1) by redesignating part B as part C; 

(2) by redesignating sections 511 through 518 as sections 

521 through 528, respectively; and 

(3) by inserting after section 505 the following: 

‘‘PART B—PROMOTING POSTBACCALAUREATE 

OPPORTUNITIES FOR HISPANIC AMERICANS 

‘‘SEC. 511. PURPOSES. 

‘‘The purposes of this part are— 

‘‘(1) to expand postbaccalaureate educational opportunities 

for, and improve the academic attainment of, Hispanic students; 

and 

‘‘(2) to expand the postbaccalaureate academic offerings 

and enhance the program quality in the institutions of higher 

education that are educating the majority of Hispanic college 

students and helping large numbers of Hispanic and low-income 

students complete postsecondary degrees. 

20 USC 1102. 

20 USC 

1103–1103g. 

20 USC 1103. 


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‘‘SEC. 512. PROGRAM AUTHORITY AND ELIGIBILITY. 

‘‘(a) PROGRAM AUTHORIZED.—Subject to the availability of funds 

appropriated to carry out this part, the Secretary shall award 

grants, on a competitive basis, to eligible institutions to enable 

the eligible institutions to carry out the authorized activities 

described in section 513. 

‘‘(b) ELIGIBILITY.—For the purposes of this part, an ‘eligible 

institution’ means an institution of higher education that— 

‘‘(1) is a Hispanic-serving institution (as defined in section 

502); and 

‘‘(2) offers a postbaccalaureate certificate or 

postbaccalaureate degree granting program. 

‘‘SEC. 513. AUTHORIZED ACTIVITIES. 

‘‘Grants awarded under this part shall be used for one or 

more of the following activities: 

‘‘(1) Purchase, rental, or lease of scientific or laboratory 

equipment for educational purposes, including instructional and 

research purposes. 

‘‘(2) Construction, maintenance, renovation, and improvement of classrooms, libraries, laboratories, and other instructional facilities, including purchase or rental of telecommunications technology equipment or services. 

‘‘(3) Purchase of library books, periodicals, technical and 

other scientific journals, microfilm, microfiche, and other educational materials, including telecommunications program 

materials. 

‘‘(4) Support for low-income postbaccalaureate students 

including outreach, academic support services, mentoring, 

scholarships, fellowships, and other financial assistance to 

permit the enrollment of such students in postbaccalaureate 

certificate and postbaccalaureate degree granting programs. 

‘‘(5) Support of faculty exchanges, faculty development, faculty research, curriculum development, and academic instruction. 

‘‘(6) Creating or improving facilities for Internet or other 

distance education technologies, including purchase or rental 

of telecommunications technology equipment or services. 

‘‘(7) Collaboration with other institutions of higher education to expand postbaccalaureate certificate and 

postbaccalaureate degree offerings. 

‘‘(8) Other activities proposed in the application submitted 

pursuant to section 514 that— 

‘‘(A) contribute to carrying out the purposes of this 

part; and 

‘‘(B) are approved by the Secretary as part of the 

review and acceptance of such application. 

‘‘SEC. 514. APPLICATION AND DURATION. 

‘‘(a) APPLICATION.—Any eligible institution may apply for a 

grant under this part by submitting an application to the Secretary 

at such time and in such manner as the Secretary may require. 

Such application shall demonstrate how the grant funds will be 

used to improve postbaccalaureate education opportunities for Hispanic and low-income students. 

‘‘(b) DURATION.—Grants under this part shall be awarded for 

a period not to exceed five years. 

20 USC 1102c. 

20 USC 1102b. 

Grants. 

20 USC 1102a. 


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‘‘(c) LIMITATION.—The Secretary may not award more than 

one grant under this part in any fiscal year to any Hispanicserving institution.’’. 

(b) CONFORMING AMENDMENTS.—Title V (20 U.S.C. 1101 et 

seq.) is amended— 

(1) in section 502— 

(A) in subsection (a)(2)(A)(ii), by striking ‘‘section 

512(b)’’ and inserting ‘‘section 522(b)’’; and 

(B) in subsection (b)(2), by striking ‘‘section 512(a)’’ 

and inserting ‘‘section 522(a)’’; 

(2) in section 521(c)(6) (as redesignated by subsection 

(a)(2)), by striking ‘‘section 516’’ and inserting ‘‘section 526’’; 

and 

(3) in section 526 (as redesignated by subsection (a)(2)), 

by striking ‘‘section 518’’ and inserting ‘‘section 528’’. 

SEC. 503. APPLICATIONS. 

Section 521(b)(1)(A) (as redesignated by section 502(a)(2)) (20 

U.S.C. 1103(b)(1)(A)) is amended by striking ‘‘subsection (b)’’ and 

inserting ‘‘subsection (c)’’. 

SEC. 504. COOPERATIVE ARRANGEMENTS. 

Section 524(a) (as redesignated by section 502(a)(2)) (20 U.S.C. 

1103c(a)) is amended by striking ‘‘section 503’’ and inserting ‘‘sections 503 and 513’’. 

SEC. 505. AUTHORIZATION OF APPROPRIATIONS. 

Section 528(a) (as redesignated by section 502(a)(2)) (20 U.S.C. 

1103g(a)) is amended to read as follows: 

‘‘(a) AUTHORIZATIONS.— 

‘‘(1) PARTS A AND C.—There are authorized to be appropriated to carry out parts A and C $175,000,000 for fiscal 

year 2009 and such sums as may be necessary for each of 

the five succeeding fiscal years. 

‘‘(2) PART B.—There are authorized to be appropriated to 

carry out part B $100,000,000 for fiscal year 2009 and such 

sums as may be necessary for each of the five succeeding 

fiscal years.’’. 

TITLE VI—INTERNATIONAL EDUCATION 

PROGRAMS 

SEC. 601. FINDINGS; PURPOSES; CONSULTATION; SURVEY. 

Section 601 (20 U.S.C. 1121) is amended— 

(1) in the section heading, by striking ‘‘AND PURPOSES’’ 

and inserting ‘‘; PURPOSES; CONSULTATION; SURVEY’’; 

(2) in subsection (a)(3), by striking ‘‘post-Cold War’’; 

(3) in subsection (b)(1)(D), by inserting ‘‘, including through 

linkages with overseas institutions’’ before the semicolon; and 

(4) by adding at the end the following: 

‘‘(c) CONSULTATION.— 

‘‘(1) IN GENERAL.—The Secretary shall, prior to requesting 

applications for funding under this title during each grant 

cycle, consult with and receive recommendations regarding 

national need for expertise in foreign languages and world 

20 USC 1103e. 

20 USC 1103. 

20 USC 1101a. 


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regions from the head officials of a wide range of Federal 

agencies. 

‘‘(2) CONSIDERING RECOMMENDATIONS; PROVIDING INFORMATION.—The Secretary— 

‘‘(A) may take into account the recommendations 

described in paragraph (1); and 

‘‘(B) shall— 

‘‘(i) provide information collected under paragraph 

(1) when requesting applications for funding under 

this title; and 

‘‘(ii) make available to applicants a list of areas 

identified as areas of national need. 

‘‘(d) SURVEY.—The Secretary shall assist grantees in developing 

a survey to administer to students who have completed programs 

under this title to determine postgraduate employment, education, 

or training. All grantees, where applicable, shall administer such 

survey once every two years and report survey results to the Secretary.’’. 

SEC. 602. GRADUATE AND UNDERGRADUATE LANGUAGE AND AREA 

CENTERS AND PROGRAMS. 

Section 602 (20 U.S.C. 1122) is amended— 

(1) in subsection (a)— 

(A) in paragraph (1), by striking subparagraph (A) 

and inserting the following: 

‘‘(A) IN GENERAL.—The Secretary is authorized to make 

grants to institutions of higher education or consortia of 

such institutions for the purpose of establishing, strengthening, and operating— 

‘‘(i) comprehensive foreign language and area or 

international studies centers and programs; and 

‘‘(ii) a diverse network of undergraduate foreign 

language and area or international studies centers and 

programs.’’; 

(B) in paragraph (2)— 

(i) by striking ‘‘and’’ at the end of subparagraph 

(G); 

(ii) by striking the period at the end of subparagraph (H) and inserting a semicolon; and 

(iii) by inserting after subparagraph (H) the following new subparagraphs: 

‘‘(I) supporting instructors of the less commonly taught 

languages; and 

‘‘(J) projects that support students in the science, technology, engineering, and mathematics fields to achieve foreign language proficiency.’’; and 

(C) in paragraph (4)— 

(i) in subparagraph (C)— 

(I) by striking ‘‘Programs of linkage or outreach’’ and inserting ‘‘Partnerships or programs 

of linkage and outreach’’; and 

(II) by inserting ‘‘, including Federal or State 

scholarship programs for students in related areas’’ 

before the period at the end; 

(ii) in subparagraph (E)— 

(I) by striking ‘‘foreign area’’ and inserting 

‘‘area studies’’; 

Grants. 

Deadline. 

Reports. 


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(II) by striking ‘‘of linkage and outreach’’; and 

(III) by striking ‘‘(C), and (D)’’ and inserting 

‘‘(D), and (E)’’; 

(iii) by redesignating subparagraphs (C) through 

(E) (as so amended) as subparagraphs (D) through 

(F), respectively; and 

(iv) by inserting after subparagraph (B) the following: 

‘‘(C) Programs of linkage or outreach between or 

among— 

‘‘(i) postsecondary programs or departments in foreign language, area studies, or other international 

fields; and 

‘‘(ii) State educational agencies or local educational 

agencies.’’; 

(2) in subsection (b)— 

(A) in the subsection heading, by striking ‘‘GRADUATE’’; 

and 

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

‘‘(2) ELIGIBLE STUDENTS.—A student receiving a stipend 

described in paragraph (1) shall be engaged— 

‘‘(A) in an instructional program with stated performance goals for functional foreign language use or in a 

program developing such performance goals, in combination 

with area studies, international studies, or the international aspects of a professional studies program; and 

‘‘(B)(i) in the case of an undergraduate student, in 

the intermediate or advanced study of a less commonly 

taught language; or 

‘‘(ii) in the case of a graduate student, in graduate 

study in connection with a program described in subparagraph (A), including— 

‘‘(I) predissertation level study; 

‘‘(II) preparation for dissertation research; 

‘‘(III) dissertation research abroad; or 

‘‘(IV) dissertation writing.’’; and 

(3) by striking subsection (d) and inserting the following: 

‘‘(d) ALLOWANCES.— 

‘‘(1) GRADUATE LEVEL RECIPIENTS.—A stipend awarded to 

a graduate level recipient may include allowances for dependents and for travel for research and study in the United States 

and abroad. 

‘‘(2) UNDERGRADUATE LEVEL RECIPIENTS.—A stipend 

awarded to an undergraduate level recipient may include an 

allowance for educational programs in the United States or 

educational programs abroad that— 

‘‘(A) are closely linked to the overall goals of the recipient’s course of study; and 

‘‘(B) have the purpose of promoting foreign language 

fluency and knowledge of foreign cultures. 

‘‘(e) APPLICATION.—Each institution of higher education or 

consortium of such institutions desiring a grant under this section 

shall submit an application to the Secretary at such time, in such 

manner, and accompanied by such information and assurances as 

the Secretary may require. Each such application shall include— 


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‘‘(1) an explanation of how the activities funded by the 

grant will reflect diverse perspectives and a wide range of 

views and generate debate on world regions and international 

affairs; and 

‘‘(2) a description of how the applicant will encourage 

government service in areas of national need, as identified 

by the Secretary, as well as in areas of need in the education, 

business, and nonprofit sectors.’’. 

SEC. 603. LANGUAGE RESOURCE CENTERS. 

Section 603(c) (20 U.S.C. 1123(c)) is amended by inserting 

‘‘reflect the purposes of this part and’’ after ‘‘shall’’. 

SEC. 604. UNDERGRADUATE INTERNATIONAL STUDIES AND FOREIGN 

LANGUAGE PROGRAMS. 

Section 604 (20 U.S.C. 1124) is amended— 

(1) in subsection (a)(1), by striking ‘‘combinations’’ each 

place it appears and inserting ‘‘consortia’’; 

(2) in subsection (a)(2)— 

(A) in subparagraph (B), by amending clause (ii) to 

read as follows: 

‘‘(ii) pre-service teacher training and in-service 

teacher professional development;’’; 

(B) by redesignating subparagraphs (I) through (M) 

as subparagraphs (J) through (N), respectively; and 

(C) by inserting after subparagraph (H) the following 

new subparagraph: 

‘‘(I) the provision of grants for educational programs 

abroad that— 

‘‘(i) are closely linked to the program’s overall 

goals; and 

‘‘(ii) have the purpose of promoting foreign language fluency and knowledge of world regions;’’; 

(3) in subsection (a)(4)(B), by inserting ‘‘that demonstrates 

a need for a waiver or reduction’’ before the period at the 

end; 

(4) in subsection (a)(6), by inserting ‘‘reflect the purposes 

of this part and’’ after ‘‘shall’’; 

(5) in subsection (a)(7)— 

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

semicolon; 

(B) in subparagraph (D), by striking the period at 

the end and inserting a semicolon; and 

(C) by adding at the end the following: 

‘‘(E) a description of how the applicant will provide 

information to students regarding federally funded scholarship programs in related areas; 

‘‘(F) an explanation of how the activities funded by 

the grant will reflect diverse perspectives and a wide range 

of views and generate debate on world regions and international affairs, where applicable; and 

‘‘(G) a description of how the applicant will encourage 

service in areas of national need, as identified by the Secretary.’’; and 

(6) in subsection (c)— 

(A) by striking ‘‘(c) FUNDING SUPPORT.—The Secretary’’ 

and inserting the following: 

‘‘(c) FUNDING SUPPORT.— 


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‘‘(1) IN GENERAL.—The Secretary’’; 

(B) by striking ‘‘10’’ and inserting ‘‘20’’; and 

(C) by adding at the end the following: 

‘‘(2) GRANTEES.—Of the total amount of grant funds 

awarded to a grantee under this section, the grantee may 

use not more than ten percent of such funds for the activity 

described in subsection (a)(2)(I).’’. 

SEC. 605. RESEARCH; STUDIES. 

Section 605(a) (20 U.S.C. 1125(a)) is amended— 

(1) in paragraph (8), by striking ‘‘and’’ after the semicolon; 

(2) in paragraph (9), by striking the period and inserting 

a semicolon; and 

(3) by adding at the end the following: 

‘‘(10) evaluation of the extent to which programs assisted 

under this title reflect diverse perspectives and a wide range 

of views and generate debate on world regions and international 

affairs, as described in the grantee’s application; 

‘‘(11) the systematic collection, analysis, and dissemination 

of data that contribute to achieving the purposes of this part; 

and 

‘‘(12) support for programs or activities to make data collected, analyzed, or disseminated under this section publicly 

available and easy to understand.’’. 

SEC. 606. TECHNOLOGICAL INNOVATION AND COOPERATION FOR FOREIGN INFORMATION ACCESS. 

Section 606 (20 U.S.C. 1126) is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘or consortia of such institutions or 

libraries’’ and inserting ‘‘or partnerships between such 

institutions and other such institutions, libraries, or nonprofit educational organizations’’; 

(B) by striking ‘‘new electronic technologies’’ and 

inserting ‘‘electronic technologies’’; 

(C) by inserting ‘‘from foreign sources’’ after ‘‘disseminate information’’; 

(D) by striking ‘‘(a) AUTHORITY.— The Secretary’’ and 

inserting the following: 

‘‘(a) AUTHORITY.— 

‘‘(1) IN GENERAL.—The Secretary’’; and 

(E) by adding at the end the following: 

‘‘(2) GRANT RECIPIENTS.—The Secretary may award grants 

under this section to carry out the activities authorized under 

this section to the following: 

‘‘(A) An institution of higher education. 

‘‘(B) A public or nonprofit private library. 

‘‘(C) A partnership of an institution of higher education 

and one or more of the following: 

‘‘(i) Another institution of higher education. 

‘‘(ii) A library. 

‘‘(iii) A nonprofit educational organization.’’; 

(2) in subsection (b)— 

(A) in paragraph (1), by striking ‘‘to facilitate access 

to’’ and inserting ‘‘to acquire, facilitate access to,’’; 

(B) in paragraph (3), by inserting ‘‘or standards for’’ 

after ‘‘means of’’; 


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122 STAT. 3338 PUBLIC LAW 110–315—AUG. 14, 2008 

(C) in paragraph (6), by striking ‘‘and’’ after the semicolon; 

(D) in paragraph (7), by striking the period and 

inserting a semicolon; and 

(E) by adding at the end the following: 

‘‘(8) to establish linkages to facilitate carrying out the 

activities described in this subsection between— 

‘‘(A) the institutions of higher education, libraries, and 

partnerships receiving grants under this section; and 

‘‘(B) institutions of higher education, nonprofit educational organizations, and libraries overseas; and 

‘‘(9) to carry out other activities that the Secretary determines are consistent with the purpose of the grants awarded 

under this section.’’; and 

(3) in subsection (c), by striking ‘‘institution or consortium’’ 

and inserting ‘‘institution of higher education, library, or partnership’’. 

SEC. 607. SELECTION OF CERTAIN GRANT RECIPIENTS. 

Section 607 (20 U.S.C. 1127) is amended— 

(1) in subsection (a), by striking ‘‘evaluates the applications 

for comprehensive and undergraduate language and area centers and programs.’’ and inserting ‘‘evaluates— 

‘‘(1) the applications for comprehensive foreign language 

and area or international studies centers and programs; and 

‘‘(2) the applications for undergraduate foreign language 

and area or international studies centers and programs.’’; and 

(2) in subsection (b), by adding at the end the following: 

‘‘In keeping with the purposes of this part, the Secretary shall 

take into account the degree to which activities of centers, 

programs, and fellowships at institutions of higher education 

address national needs, and generate information for and 

disseminate information to the public. The Secretary shall also 

consider an applicant’s record of placing students into postgraduate employment, education, or training in areas of 

national need and an applicant’s stated efforts to increase the 

number of such students that go into such placements.’’. 

SEC. 608. AMERICAN OVERSEAS RESEARCH CENTERS. 

Section 609 (20 U.S.C. 1128a) is amended by adding at the 

end the following: 

‘‘(e) APPLICATION.—Each center desiring to receive a grant or 

contract under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such 

information and assurances as the Secretary may require.’’. 

SEC. 609. AUTHORIZATION OF APPROPRIATIONS FOR INTERNATIONAL 

AND FOREIGN LANGUAGE STUDIES. 

Section 610 (20 U.S.C. 1128b) is amended— 

(1) by striking ‘‘$80,000,000’’ and inserting ‘‘such sums 

as may be necessary’’; 

(2) by striking ‘‘1999’’ and inserting ‘‘2009’’; and 

(3) by striking ‘‘4’’ and inserting ‘‘five’’. 

SEC. 610. CONFORMING AMENDMENTS. 

(a) Sections 603(a), 604(a)(5), and 612 (20 U.S.C. 1123(a), 

1124(a)(5), 1130–1) are each amended by striking ‘‘combinations’’ 

each place it appears and inserting ‘‘consortia’’. 


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(b) Section 612 (20 U.S.C. 1130–1) is further amended by 

striking ‘‘combination’’ each place it appears and inserting ‘‘consortium’’. 

SEC. 611. BUSINESS AND INTERNATIONAL EDUCATION PROGRAMS. 

(a) CENTERS FOR INTERNATIONAL BUSINESS EDUCATION.—Section 612 (20 U.S.C. 1130–1) is amended— 

(1) in subsection (a)— 

(A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and 

(B) by inserting before paragraph (2) (as redesignated 

by subparagraph (A)) the following: 

‘‘(1) PURPOSE.—The purpose of this section is to coordinate 

the programs of the Federal Government in the areas of 

research, education, and training in international business and 

trade competitiveness.’’; 

(2) in subsection (c)(2)—— 

(A) in subparagraph (E), by inserting ‘‘(including those 

that are eligible to receive assistance under part A or 

B of title III or under title V)’’ after ‘‘other institutions 

of higher education’’; 

(B) by striking ‘‘and’’ at the end of subparagraph (E); 

(C) by redesignating subparagraph (F) as subparagraph 

(G); and 

(D) by inserting the following new subparagraph after 

subparagraph (E): 

‘‘(F) programs encouraging the advancement and 

understanding of technology-related disciplines, including 

manufacturing software systems and technology management; and’’; and 

(3) in subsection (f)(3), by inserting ‘‘, and that diverse 

perspectives will be made available to students in programs 

under this section’’ before the semicolon. 

(b) EDUCATION AND TRAINING PROGRAMS.—Section 613(c) (20 

U.S.C. 1130a(c)) is amended by adding at the end the following: 

‘‘Each such application shall include an assurance that, where 

applicable, the activities funded by the grant will reflect diverse 

perspectives and a wide range of views on world regions and international affairs.’’. 

(c) AUTHORIZATION OF APPROPRIATIONS.—Section 614 (20 U.S.C. 

1130b) is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘$11,000,000’’ and inserting ‘‘such sums 

as may be necessary’’; 

(B) by striking ‘‘1999’’ and inserting ‘‘2009’’; and 

(C) by striking ‘‘4’’ and inserting ‘‘five’’; and 

(2) in subsection (b)— 

(A) by striking ‘‘$7,000,000’’ and inserting ‘‘such sums 

as may be necessary’’; 

(B) by striking ‘‘1999’’ and inserting ‘‘2009’’; and 

(C) by striking ‘‘4’’ and inserting ‘‘five’’. 

SEC. 612. MINORITY FOREIGN SERVICE PROFESSIONAL DEVELOPMENT 

PROGRAM. 

Section 621 (20 U.S.C. 1131) is amended— 

(1) in subsection (a), by striking the second sentence and 

inserting the following: ‘‘The Institute shall conduct a program 

to enhance the international competitiveness of the United 


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States by increasing the participation of underrepresented 

populations in the international service, including private international voluntary organizations and the foreign service of the 

United States.’’; 

(2) in subsection (b)(1)— 

(A) by striking subparagraph (B); 

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

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

‘‘(B) A tribally controlled college or university or Alaska 

Native or Native Hawaiian-serving institution eligible for 

assistance under part A or B of title III, or an institution 

eligible for assistance under title V. 

‘‘(C) An institution of higher education that serves 

substantial numbers of underrepresented minority students.’’; and 

(3) in subsection (c)— 

(A) by striking ‘‘(c) APPLICATION.—Each’’ and inserting 

the following: 

‘‘(c) APPLICATION.— 

‘‘(1) IN GENERAL.—Each’’; and 

(B) by adding at the end the following: 

‘‘(2) CONTENT OF APPLICATION.—Each application submitted 

under paragraph (1) shall include a description of how the 

activities funded by the grant will reflect diverse perspectives 

and a wide range of views and generate debate on world regions 

and international affairs, where applicable.’’. 

SEC. 613. INSTITUTIONAL DEVELOPMENT. 

Section 622 (20 U.S.C. 1131–1) is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘Tribally Controlled Colleges or Universities’’ and inserting ‘‘tribally controlled colleges or universities’’; and 

(B) by striking ‘‘international affairs programs.’’ and 

inserting ‘‘international affairs, international business, and 

foreign language study programs, including the teaching 

of foreign languages, at such colleges, universities, and 

institutions, respectively, which may include collaboration 

with institutions of higher education that receive funding 

under this title’’; and 

(2) in subsection (c)— 

(A) by striking paragraphs (1) and (3); 

(B) by redesignating paragraphs (2) and (4) as paragraphs (1) and (2), respectively; and 

(C) in paragraph (1) (as redesignated by subparagraph 

(B)), by inserting ‘‘and’’ after the semicolon. 

SEC. 614. STUDY ABROAD PROGRAM. 

Section 623(a) (20 U.S.C. 1131a(a)) is amended— 

(1) by striking ‘‘as defined in section 322 of this Act’’; 

and 

(2) by striking ‘‘tribally controlled Indian community colleges as defined in the Tribally Controlled Community College 

Assistance Act of 1978’’ and inserting ‘‘tribally controlled colleges or universities, Alaska Native-serving, Native Hawaiianserving, and Hispanic-serving institutions’’. 


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SEC. 615. ADVANCED DEGREE IN INTERNATIONAL RELATIONS. 

Section 624 (20 U.S.C. 1131b) is amended— 

(1) by striking ‘‘MASTERS’’ in the heading of such section 

and inserting ‘‘ADVANCED’’; 

(2) by striking ‘‘a masters degree in international relations’’ 

and inserting ‘‘an advanced degree in international relations, 

international affairs, international economics, or other academic 

areas related to the Institute fellow’s career objectives’’; and 

(3) by striking ‘‘The masters degree program designed by 

the consortia’’ and inserting ‘‘The advanced degree study program shall be designed by the consortia, consistent with the 

fellow’s career objectives, and’’. 

SEC. 616. INTERNSHIPS. 

Section 625 (20 U.S.C. 1131c) is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘as defined in section 322 of this Act’’; 

(B) by striking ‘‘tribally controlled Indian community 

colleges as defined in the Tribally Controlled Community 

College Assistance Act of 1978’’ and inserting ‘‘tribally controlled colleges or universities, Alaska Native-serving, 

Native Hawaiian-serving, and Hispanic-serving institutions’’; 

(C) by striking ‘‘an international’’ and inserting ‘‘international,’’; and 

(D) by striking ‘‘the United States Information Agency’’ 

and inserting ‘‘the Department of State’’; 

(2) in subsection (b)— 

(A) by inserting ‘‘and’’ after the semicolon at the end 

of paragraph (2); 

(B) by striking ‘‘; and’’ at the end of paragraph (3) 

and inserting a period; and 

(C) by striking paragraph (4); and 

(3) in subsection (c)(1)— 

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

semicolon; 

(B) in subparagraph (F), by striking ‘‘; and’’ and 

inserting a period; and 

(C) by striking subparagraph (G). 

SEC. 617. FINANCIAL ASSISTANCE. 

Part C of title VI (20 U.S.C. 1131 et seq.) is further amended— 

(1) by redesignating sections 626, 627, and 628 as sections 

627, 628, and 629, respectively; and 

(2) by inserting after section 625 the following: 

‘‘SEC. 626. FINANCIAL ASSISTANCE. 

‘‘(a) AUTHORITY.—The Institute may provide financial assistance, in the form of summer stipends described in subsection (b) 

and Ralph Bunche scholarship assistance described in subsection 

(c), to low-income students to facilitate the participation of the 

students in the Institute’s programs under this part. 

‘‘(b) SUMMER STIPENDS.— 

‘‘(1) REQUIREMENTS.—A student receiving a summer stipend under this section shall use such stipend to defray the 

student’s cost of participation in a summer institute program 

funded under this part, including the costs of travel, living, 

20 USC 1131c–1. 

20 USC 

1131d–1131f. 


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and educational expenses necessary for the student’s participation in such program. 

‘‘(2) AMOUNT.—A summer stipend awarded to a student 

under this section shall not exceed $3,000 per summer. 

‘‘(c) RALPH BUNCHE SCHOLARSHIP.— ‘‘(1) REQUIREMENTS.—A student receiving a Ralph Bunche 

scholarship under this section— 

‘‘(A) shall be a full-time student at an institution of 

higher education who is accepted into a program funded 

under this part; and 

‘‘(B) shall use such scholarship to pay costs related 

to the cost of attendance, as defined in section 472, at 

the institution of higher education in which the student 

is enrolled. 

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

per academic year.’’. 

SEC. 618. REPORT. 

Section 627 (as redesignated by section 617(1)) (20 U.S.C. 

1131d) is amended by striking ‘‘annually prepare a report’’ and 

inserting ‘‘prepare a report once every two years’’. 

SEC. 619. GIFTS AND DONATIONS. 

Section 628 (as redesignated by section 617(1)) (20 U.S.C. 

1131e) is amended by striking ‘‘annual report described in section 

626’’ and inserting ‘‘report described in section 627’’. 

SEC. 620. AUTHORIZATION OF APPROPRIATIONS FOR THE INSTITUTE 

FOR INTERNATIONAL PUBLIC POLICY. 

Section 629 (as redesignated by section 617(1)) (20 U.S.C. 1131f) 

is amended— 

(1) by striking ‘‘$10,000,000’’ and inserting ‘‘such sums 

as may be necessary’’; 

(2) by striking ‘‘1999’’ and inserting ‘‘2009’’; and 

(3) by striking ‘‘4 succeeding’’ and inserting ‘‘five succeeding’’. 

SEC. 621. DEFINITIONS. 

Section 631 (20 U.S.C. 1132) is amended— 

(1) by striking paragraph (7); 

(2) by redesignating paragraphs (2), (3), (4), (5), (6), (8), 

and (9), as paragraphs (7), (4), (8), (2), (10), (6), and (3), respectively; 

(3) in paragraph (2), as redesignated by paragraph (2), 

by striking ‘‘comprehensive language and area center’’ and 

inserting ‘‘comprehensive foreign language and area or international studies center’’; 

(4) in paragraph (3), as redesignated by paragraph (2), 

by striking the period at the end and inserting a semicolon; 

(5) by inserting after paragraph (4), as redesignated by 

paragraph (2), the following: 

‘‘(5) the term ‘historically Black college and university’ has 

the meaning given the term ‘part B institution’ in section 

322;’’; 

(6) in paragraph (6), as redesignated by paragraph (2), 

by striking ‘‘and’’ after the semicolon; 


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(7) by inserting after paragraph (8), as redesignated by 

paragraph (2), the following: 

‘‘(9) the term ‘tribally controlled college or university’ has 

the meaning given the term in section 2 of the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 

U.S.C. 1801); and’’; and 

(8) in paragraph (10), as redesignated by paragraph (2)— 

(A) by striking ‘‘undergraduate language and area 

center’’ and inserting ‘‘undergraduate foreign language and 

area or international studies center’’; and 

(B) by striking the semicolon and inserting a period. 

SEC. 622. NEW PROVISIONS. 

Part D of title VI (20 U.S.C. 1132) is amended by adding 

at the end the following: 

‘‘SEC. 632. SPECIAL RULE. 

‘‘The Secretary may waive or reduce the non-Federal share 

required under this title for institutions that— 

‘‘(1) are eligible to receive assistance under part A or B 

of title III or under title V; and 

‘‘(2) have submitted a grant application under this section 

that demonstrates a need for a waiver or reduction, as determined by the Secretary.’’. 

‘‘SEC. 633. RULE OF CONSTRUCTION. 

‘‘Nothing in this title shall be construed to authorize the Secretary to mandate, direct, or control an institution of higher education’s specific instructional content, curriculum, or program of 

instruction. 

‘‘SEC. 634. ASSESSMENT. 

‘‘The Secretary is authorized to assess and ensure compliance 

with all the conditions and terms of grants provided under this 

title. 

‘‘SEC. 635. EVALUATION, OUTREACH, AND INFORMATION. 

‘‘The Secretary may use not more than one percent of the 

funds made available under this title to carry out program evaluation, national outreach, and information dissemination activities 

relating to the programs authorized under this title. 

‘‘SEC. 636. REPORT. 

‘‘The Secretary shall, in consultation and collaboration with 

the Secretary of State, the Secretary of Defense, and the heads 

of other relevant Federal agencies, submit a report once every 

two years that identifies areas of national need in foreign language, 

area, and international studies as such studies relate to government, education, business, and nonprofit needs, and a plan to 

address those needs. The report shall be provided to the authorizing 

committees and made available to the public. 

‘‘SEC. 637. SCIENCE AND TECHNOLOGY ADVANCED FOREIGN LANGUAGE EDUCATION GRANT PROGRAM. 

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

programs in institutions of higher education that— 

‘‘(1) encourage students to develop— 

‘‘(A) an understanding of science and technology; and 

‘‘(B) foreign language proficiency; 

20 USC 1132–6. 

Public 

information. 

20 USC 1132–5. 

20 USC 1132–4. 

20 USC 1132–3. 

20 USC 1132–2. 

Waiver authority. 

20 USC 1132–1. 


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‘‘(2) foster future international scientific collaboration; 

‘‘(3) provide for professional development opportunities for 

elementary school and secondary school teachers of critical 

foreign languages to increase the number of highly qualified 

teachers in critical foreign languages; and 

‘‘(4) increase the number of United States students who 

achieve the highest level of proficiency in foreign languages 

critical to the security and competitiveness of the Nation. 

‘‘(b) DEVELOPMENT.—The Secretary shall develop a program 

for the awarding of grants to institutions of higher education that 

develop innovative programs for the teaching of foreign languages, 

which may include the preparation of teachers to teach foreign 

languages. 

‘‘(c) REGULATIONS AND REQUIREMENTS.—The Secretary shall 

promulgate regulations for the awarding of grants under subsection 

(b). Such regulations may require institutions of higher education 

to use grant funds for, among other things— 

‘‘(1) the development of an on-campus cultural awareness 

program by which students attend classes taught in a foreign 

language and study the science and technology developments 

and practices in a non-English speaking country; 

‘‘(2) immersion programs where students take science or 

technology related course work in a non-English speaking 

country; 

‘‘(3) other programs, such as summer workshops, that 

emphasize the intense study of a foreign language and science 

technology; 

‘‘(4) if applicable, recruiting highly qualified teachers in 

critical foreign languages, and providing professional development activities for such teachers at the elementary school and 

secondary school levels; and 

‘‘(5) providing innovative opportunities for students that 

will allow for critical language learning, such as immersion 

environments, intensive study opportunities, internships, and 

distance learning. 

‘‘(d) GRANT DISTRIBUTION.—In distributing grants to institutions of higher education under this section, the Secretary shall 

give priority to— 

‘‘(1) institutions that have programs focusing on curricula 

that combine the study of foreign languages and the study 

of science and technology and produce graduates who have 

both skills; and 

‘‘(2) institutions teaching critical foreign languages. 

‘‘(e) REPORT ON BEST PRACTICES.—Not later than one year 

after the date of enactment of this section, the Secretary shall— 

‘‘(1) conduct a study to identify the best practices to 

strengthen the role of institutions of higher education that 

receive funding under title III or title V in increasing the 

critical foreign language education efforts in the United States; 

and 

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

authorizing committees. 

‘‘(f) APPROPRIATIONS AUTHORIZED.—There are authorized to be 

appropriated to carry out this section, such sums as may be necessary for fiscal year 2009 and for each subsequent fiscal year. 

Study. 


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‘‘SEC. 638. REPORTING BY INSTITUTIONS. 

‘‘(a) APPLICABILITY.—The data requirement in subsection (b) 

shall apply to an institution of higher education that receives funds 

for a center or program under this title if— 

‘‘(1) the amount of the contribution (including cash and 

the fair market value of any property) received from any foreign 

government or from a foreign private sector corporation or 

foundation during any fiscal year exceeds $250,000 in the aggregate; and 

‘‘(2) the aggregate contribution, or a significant part of 

the aggregate contribution, is to be used by a center or program 

receiving funds under this title. 

‘‘(b) DATA REQUIRED.—The Secretary shall require an institution of higher education referred to in subsection (a) to report 

information listed in subsection (a) to the Secretary consistent 

with the requirements of section 117.’’. 

TITLE VII—GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS 

SEC. 701. PURPOSE. 

Section 700(1)(B)(i) (20 U.S.C. 1133(1)(B)(i)) is amended by 

inserting ‘‘, including those areas critical to United States national 

and homeland security needs, such as science, technology, 

engineering, and mathematics’’ before the semicolon. 

SEC. 702. JACOB K. JAVITS FELLOWSHIP PROGRAM. 

(a) INTERRUPTIONS OF STUDY.—Section 701(c) (20 U.S.C. 

1134(c)) is amended by adding at the end the following new sentence: ‘‘In the case of other exceptional circumstances, such as 

active duty military service or personal or family member illness, 

the institution of higher education may also permit the fellowship 

recipient to interrupt periods of study for the duration of the tour 

of duty (in the case of military service) or for not more than 

12 months (in any other case), but without payment of the stipend.’’. 

(b) ALLOCATION OF FELLOWSHIPS.—Section 702(a)(1) (20 U.S.C. 

1134a(a)(1)) is amended to read as follows: 

‘‘(1) APPOINTMENT.— 

‘‘(A) IN GENERAL.—The Secretary shall appoint a Jacob 

K. Javits Fellows Program Fellowship Board (referred to 

in this subpart as the ‘Board’) consisting of 9 individuals 

representative of both public and private institutions of 

higher education who are especially qualified to serve on 

the Board. 

‘‘(B) QUALIFICATIONS.—In making appointments under 

subparagraph (A), the Secretary shall— 

‘‘(i) give due consideration to the appointment of 

individuals who are highly respected in the academic 

community; 

‘‘(ii) appoint members who represent the various 

geographic regions of the United States; 

‘‘(iii) ensure that individuals appointed to the 

Board are broadly representative of a range of disciplines in graduate education in arts, humanities, and 

social sciences; and 

20 USC 1132–7. 


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‘‘(iv) ensure that such individuals include representatives from institutions that are eligible for one 

or more of the grants under title III or V.’’. 

(c) STIPENDS.— (1) Section 703 (20 U.S.C. 1134b) is amended— 

(A) in subsection (a)— 

(i) by striking ‘‘1999–2000’’ and inserting ‘‘2009– 

2010’’; and 

(ii) by striking ‘‘Foundation graduate fellowships’’ 

and inserting ‘‘Foundation Graduate Research Fellowship Program for such academic year’’; and 

(B) in subsection (b), by striking paragraph (1)(A) and 

inserting the following: 

‘‘(1) IN GENERAL.—(A) The Secretary shall (in addition to 

stipends paid to individuals under this subpart) pay to the 

institution of higher education, for each individual awarded 

a fellowship under this subpart at such institution, an institutional allowance. Except as provided in subparagraph (B), such 

allowance shall be, for academic year 2009–2010 and succeeding 

academic years, the same amount as the institutional payment 

made for academic year 2008–2009, adjusted for academic year 

2009–2010 and annually thereafter in accordance with inflation 

as determined by the Department of Labor’s Consumer Price 

Index for the previous calendar year.’’. 

(d) AUTHORIZATION OF APPROPRIATIONS.—Section 705 (20 U.S.C. 

1134d) is amended by striking ‘‘fiscal year 1999’’ and all that 

follows through the period at the end and inserting ‘‘fiscal year 

2009 and each of the five succeeding fiscal years to carry out 

this subpart.’’. 

SEC. 703. GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED. 

(a) INSTITUTIONAL ELIGIBILITY.—Section 712 (20 U.S.C. 1135a) 

is amended by striking subsection (b) and inserting the following: 

‘‘(b) DESIGNATION OF AREAS OF NATIONAL NEED.—After consultation with appropriate Federal and nonprofit agencies and 

organizations, including the National Science Foundation, the 

Department of Defense, the Department of Homeland Security, 

the National Academy of Sciences, and the Bureau of Labor Statistics, the Secretary shall designate areas of national need. In making 

such designations, the Secretary shall take into consideration— 

‘‘(1) the extent to which the interest in the area is compelling; 

‘‘(2) the extent to which other Federal programs support 

postbaccalaureate study in the area concerned; 

‘‘(3) an assessment of how the program may achieve the 

most significant impact with available resources; and 

‘‘(4) an assessment of current (as of the time of the designation) and future professional workforce needs of the United 

States.’’. 

(b) AWARDS TO GRADUATE STUDENTS.—Section 714(b) (20 U.S.C. 

1135c(b)) is amended— 

(1) by striking ‘‘1999–2000’’ and inserting ‘‘2009–2010’’; and 

(2) by striking ‘‘Foundation graduate fellowships’’ and 

inserting ‘‘Foundation Graduate Research Fellowship Program 

for such academic year’’. 

(c) ADDITIONAL ASSISTANCE.—Section 715(a)(1) (20 U.S.C. 

1135d(a)(1)) is amended— 

Payments. 


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(1) by striking ‘‘1999–2000’’ and inserting ‘‘2009–2010’’; and 

(2) by striking ‘‘1998–1999’’ and inserting ‘‘2008–2009’’. 

(d) AUTHORIZATION OF APPROPRIATIONS.—Section 716 (20 U.S.C. 

1135e) is amended by striking ‘‘fiscal year 1999’’ and all that follows 

through the period at the end and inserting ‘‘fiscal year 2009 

and each of the five succeeding fiscal years to carry out this subpart.’’. 

(e) TECHNICAL AMENDMENTS.—Subpart 2 of part A of title 

VII (as amended by this section) (20 U.S.C. 113 et seq.) is further 

amended— 

(1) in section 711(a)(1) (20 U.S.C. 1135(a)(1)), by inserting 

‘‘, including a master’s or doctoral degree,’’ after ‘‘leading to 

a graduate degree’’; 

(2) in section 712(a) (20 U.S.C. 1135a(a)), by inserting 

‘‘, including a master’s or doctoral degree,’’ after ‘‘leading to 

a graduate degree’’; 

(3) in section 713(b)(5)(C) (20 U.S.C. 1135b(b)(5)(C)), by 

inserting ‘‘at the institution’’ before the semicolon; and 

(4) in section 714(c) (20 U.S.C. 1135c(c))— 

(A) by striking ‘‘716(a)’’ and inserting ‘‘715(a)’’; and 

(B) by striking ‘‘714(b)(2)’’ and inserting ‘‘713(b)(2)’’. 

SEC. 704. THURGOOD MARSHALL LEGAL EDUCATIONAL OPPORTUNITY 

PROGRAM. 

(a) PROGRAM AUTHORITY.— 

(1) Section 721(a) (20 U.S.C. 1136(a)) is amended— 

(A) by inserting ‘‘secondary school and’’ after ‘‘disadvantaged’’; and 

(B) by inserting ‘‘and admission to law practice’’ before 

the period at the end. 

(b) ELIGIBILITY.—Section 721(b) (20 U.S.C. 1136(b)) is amended 

in the matter preceding paragraph (1), by inserting ‘‘secondary 

school student or’’ before ‘‘college student’’. 

(c) CONTRACT AND GRANT PURPOSES.—Section 721(c) (20 U.S.C. 

1136(c)) is amended— 

(1) in paragraph (1), by inserting ‘‘secondary school and’’ 

before ‘‘college students’’; 

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

‘‘(2) to prepare such students for successful completion 

of a baccalaureate degree and for study at accredited law 

schools, and to assist them with the development of analytical 

skills, writing skills, and study methods to enhance the students’ success in, and promote the students’ admission to and 

completion of, law school;’’; 

(3) in paragraph (4), by striking ‘‘and’’ after the semicolon; 

and 

(4) by striking paragraph (5) and inserting the following: 

‘‘(5) to motivate and prepare such students— 

‘‘(A) with respect to law school studies and practice 

in low-income communities; and 

‘‘(B) to provide legal services to low-income individuals 

and families; and 

‘‘(6) to award Thurgood Marshall Fellowships to eligible 

law school students— 

‘‘(A) who participated in summer institutes under subsection (d)(6) and who are enrolled in an accredited law 

school; or 


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‘‘(B) who have successfully completed a comparable 

summer institute program that is certified by the Council 

on Legal Education Opportunity.’’. 

(d) SERVICES PROVIDED.—Section 721(d) (20 U.S.C. 1136(d)) 

is amended— 

(1) in the matter preceding paragraph (1), by inserting 

‘‘pre-college programs, undergraduate’’ before ‘‘pre-law’’; 

(2) in paragraph (1)— 

(A) in subparagraph (B), by inserting ‘‘law school’’ 

before ‘‘graduation’’; and 

(B) by striking subparagraph (D) and inserting the 

following: 

‘‘(D) pre-college and undergraduate preparatory courses 

in analytical and writing skills, study methods, and course 

selection;’’; 

(3) by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively; 

(4) by inserting after paragraph (1) the following: 

‘‘(2) summer academic programs for secondary school students who have expressed interest in a career in the law;’’; 

and 

(5) in paragraph (7) (as redesignated by paragraph (3)), 

by inserting ‘‘and Associates’’ after ‘‘Thurgood Marshall Fellows’’. 

(e) DURATION.—Section 721(e)(1) (20 U.S.C. 1136(e)(1)) is 

amended by inserting ‘‘, including before and during undergraduate 

study’’ before the semicolon. 

(f) SUBCONTRACTS AND SUBGRANTS.—Section 721(f) (20 U.S.C. 

1136(f)) is amended— 

(1) by inserting ‘‘national and State bar associations,’’ after 

‘‘agencies and organizations,’’; and 

(2) by striking ‘‘and organizations.’’ and inserting ‘‘organizations, and associations.’’. 

(g) STIPENDS.—Section 721(g) (20 U.S.C. 1136(g)) is amended 

to read as follows: 

‘‘(g) FELLOWSHIPS AND STIPENDS.—The Secretary shall annually 

establish the maximum fellowship to be awarded, and the maximum 

stipend to be paid (including allowances for participant travel and 

for the travel of the dependents of the participant), to Thurgood 

Marshall Fellows or Associates for the period of participation in 

summer institutes, midyear seminars, and bar preparation seminars. A Thurgood Marshall Fellow or Associate may be eligible 

for such a fellowship or stipend only if the Fellow or Associate 

maintains satisfactory academic progress toward the Juris Doctor 

or Bachelor of Laws degree, as determined by the respective institutions (except with respect to a law school graduate enrolled in 

a bar preparation course).’’. 

(h) AUTHORIZATION OF APPROPRIATIONS.—Section 721(h) (20 

U.S.C. 1136(h)) is amended by striking ‘‘fiscal year 1999’’ and all 

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

year 2009 and each of the five succeeding fiscal years.’’. 

(i) REPEAL OF CONTINUATION AWARDS.—Subsection (e) of section 

731 (20 U.S.C. 1137(e)) is repealed. 

SEC. 705. SENSE OF CONGRESS. 

It is the sense of Congress that— 

Deadline. 


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(1) addressing the under-representation of women and 

minorities in the higher education professoriate will require 

consistent inter-institutional cooperation, data gathering, analysis, and self-evaluation; and 

(2) institutions eligible for funds under part A of title 

VII of the Higher Education Act of 1965 (20 U.S.C. 1134 et 

seq.) should be encouraged to consider the feasibility and potential design of an inter-institution monitoring organization 

addressing under-representation by race, ethnicity, and gender 

in postsecondary faculty and administrators. 

SEC. 706. MASTERS DEGREE PROGRAMS AT HISTORICALLY BLACK 

COLLEGES AND UNIVERSITIES AND PREDOMINANTLY 

BLACK INSTITUTIONS. 

(a) TECHNICAL AMENDMENTS.—Part A of title VII (as amended 

by this title) (20 U.S.C. 1134 et seq.) is further amended— 

(1) by redesignating subpart 4 as subpart 5; 

(2) in the heading of section 731, by striking ‘‘SUBPARTS

1, 2, AND 3’’ and inserting ‘‘SUBPARTS 1 THROUGH 4’’; and 

(3) in section 731— 

(A) in subsections (a) and (b), by striking ‘‘subparts 

1, 2, and 3’’ each place the term appears and inserting 

‘‘subparts 1 through 4’’; and 

(B) in subsection (d), by striking ‘‘subpart 1, 2, or 

3’’ and inserting ‘‘subpart 1, 2, 3, or 4’’. 

(b) MASTER’S DEGREE PROGRAMS.—Part A of title VII (as 

amended by this title) (20 U.S.C. 1134 et seq.) is further amended 

by inserting after subpart 3 the following: 

‘‘Subpart 4—Masters Degree Programs at Historically Black Colleges and Universities and Predominantly Black Institutions 

‘‘SEC. 723. MASTERS DEGREE PROGRAMS AT HISTORICALLY BLACK 

COLLEGES AND UNIVERSITIES. 

‘‘(a) GRANT PROGRAM AUTHORIZED.— 

‘‘(1) IN GENERAL.—Subject to the availability of funds appropriated to carry out this section, the Secretary shall award 

program grants to each of the institutions listed in subsection 

(b)(1) that is determined by the Secretary to be making a 

substantial contribution to graduate education opportunities 

at the masters level in mathematics, engineering, the physical 

or natural sciences, computer science, information technology, 

nursing, allied health, or other scientific disciplines for Black 

Americans. 

‘‘(2) ASSURANCE OF NON-FEDERAL MATCHING FUNDS.—No 

grant in excess of $1,000,000 may be made under this section 

unless the institution provides assurances that 50 percent of 

the cost of the purposes for which the grant is made will 

be paid from non-Federal sources, except that no institution 

shall be required to match any portion of the first $1,000,000 

of the institution’s award from the Secretary. After funds are 

made available to each eligible institution under the funding 

rules described in subsection (f), the Secretary shall distribute, 

on a pro rata basis, any amounts which were not so made 

available (by reason of the failure of an institution to comply 

20 USC 1136a. 

20 USC 1137. 


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with the matching requirements of this paragraph) among the 

institutions that have complied with such matching requirement. 

‘‘(3) MINIMUM AWARD.—Subject to subsections (f) and (g), 

the amount awarded to each eligible institution listed in subsection (b)(1) for a fiscal year shall be not less than $500,000. 

‘‘(4) DURATION OF GRANTS.—A grant awarded under this 

section shall be for a period of not more than six years, but 

may be periodically renewed for a period to be determined 

by the Secretary. 

‘‘(b) INSTITUTIONAL ELIGIBILITY.— 

‘‘(1) IN GENERAL.—Institutions eligible for grants under 

subsection (a) are the following: 

‘‘(A) Albany State University. 

‘‘(B) Alcorn State University. 

‘‘(C) Claflin University. 

‘‘(D) Coppin State University. 

‘‘(E) Elizabeth City State University. 

‘‘(F) Fayetteville State University. 

‘‘(G) Fisk University. 

‘‘(H) Fort Valley State University. 

‘‘(I) Grambling State University. 

‘‘(J) Kentucky State University. 

‘‘(K) Mississippi Valley State University. 

‘‘(L) Savannah State University. 

‘‘(M) South Carolina State University. 

‘‘(N) University of Arkansas, Pine Bluff. 

‘‘(O) Virginia State University. 

‘‘(P) West Virginia Sate University. 

‘‘(Q) Wilberforce University. 

‘‘(R) Winston-Salem State University. 

‘‘(2) QUALIFIED MASTERS DEGREE PROGRAM.— 

‘‘(A) IN GENERAL.—For the purposes of this section, 

the term ‘qualified masters degree program’ means a masters degree program that provides a program of instruction 

in mathematics, engineering, the physical or natural 

sciences, computer science, information technology, 

nursing, allied health, or other scientific disciplines in 

which African Americans are underrepresented and has 

students enrolled in such program of instruction at the 

time of application for a grant under this section. 

‘‘(B) ENROLLMENT EXCEPTION.—Notwithstanding the 

enrollment requirement contained in subparagraph (A), an 

institution may use an amount equal to not more than 

10 percent of the institution’s grant under this section 

for the development of a new qualified masters degree 

program. 

‘‘(3) INSTITUTIONAL CHOICE.—The president or chancellor 

of the institution may decide which graduate school or qualified 

masters degree program will receive funds under the grant 

in any one fiscal year, if the allocation of funds among the 

schools or programs is delineated in the application for funds 

submitted to the Secretary under this section. 

‘‘(4) ONE GRANT PER INSTITUTION.—The Secretary shall not 

award more than one grant under this section in any fiscal 

year to any institution of higher education. 


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‘‘(c) APPLICATION.—An eligible institution listed in subsection 

(b)(1) desiring a grant under this section shall submit an application 

at such time, in such manner, and containing such information 

as the Secretary may require. The application shall— 

‘‘(1) demonstrate how the grant funds under this section 

will be used to improve graduate educational opportunities 

for Black and low-income students, and lead to greater financial 

independence; and 

‘‘(2) provide, in the case of applications for grants in excess 

of $1,000,000, the assurances required under subsection (a)(2) 

and specify the manner in which the eligible institution is 

going to pay the non-Federal share of the cost of the application. 

‘‘(d) USES OF FUNDS.—A grant under this section may be used 

for— 

‘‘(1) purchase, rental, or lease of scientific or laboratory 

equipment for educational purposes, including instructional and 

research purposes; 

‘‘(2) construction, maintenance, renovation, and improvement in classroom, library, laboratory, and other instructional 

facilities, including purchase or rental of telecommunications 

technology equipment or services; 

‘‘(3) purchase of library books, periodicals, technical and 

other scientific journals, microfilm, microfiche, and other educational materials, including telecommunications program 

materials; 

‘‘(4) scholarships, fellowships, and other financial assistance 

for needy graduate students to permit the enrollment of the 

students in, and completion of, a masters degree in mathematics, engineering, the physical or natural sciences, computer 

science, information technology, nursing, allied health, or other 

scientific disciplines in which African Americans are underrepresented; 

‘‘(5) establishing or improving a development office to 

strengthen and increase contributions from alumni and the 

private sector; 

‘‘(6) assisting in the establishment or maintenance of an 

institutional endowment to facilitate financial independence 

pursuant to section 331; 

‘‘(7) funds and administrative management, and the 

acquisition of equipment, including software, for use in 

strengthening funds management and management information 

systems; 

‘‘(8) acquisition of real property that is adjacent to the 

campus in connection with the construction, renovation, or 

improvement of, or an addition to, campus facilities; 

‘‘(9) education or financial information designed to improve 

the financial literacy and economic literacy of students or the 

students’ families, especially with regard to student indebtedness and student assistance programs under title IV; 

‘‘(10) tutoring, counseling, and student service programs 

designed to improve academic success; 

‘‘(11) faculty professional development, faculty exchanges, 

and faculty participation in professional conferences and 

meetings; and 

‘‘(12) other activities proposed in the application submitted 

under subsection (c) that— 


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‘‘(A) contribute to carrying out the purposes of this 

section; and 

‘‘(B) are approved by the Secretary as part of the 

review and acceptance of such application. 

‘‘(e) INTERACTION WITH OTHER GRANT PROGRAMS.—No institution that is eligible for and receives an award under section 326, 

512, or 724 for a fiscal year shall be eligible to apply for a grant, 

or receive grant funds, under this section for the same fiscal year. 

‘‘(f) FUNDING RULE.—Subject to subsection (g), of the amount 

appropriated to carry out this section for any fiscal year— ‘‘(1) the first $9,000,000 (or any lesser amount appropriated) shall be available only for the purposes of making 

minimum grants under subsection (a)(3) to eligible institutions 

listed in subparagraphs (A) through (R) of subsection (b)(1), 

except that if the amount appropriated is not sufficient to 

pay the minimum grant awards to all such eligible institutions, 

the amount of the minimum award to each such eligible institution shall be ratably reduced; 

‘‘(2) after the application of paragraph (1), an amount shall 

be available for the purpose of making minimum grants under 

subsection (a)(3) to eligible institutions listed in subsection 

(b)(1) that do not receive a grant under paragraph (1), if any, 

except that if the amount appropriated is not sufficient to 

pay the minimum grant awards to all such eligible institutions, 

the amount of the minimum award to each such eligible institution shall be ratably reduced; and ‘‘(3) any amount in excess of $9,000,000 shall be made 

available to each of the eligible institutions identified in subparagraphs (A) through (R) of subsection (b)(1), pursuant to 

a formula developed by the Secretary that uses the following 

elements: 

‘‘(A) The ability of the institution to match Federal 

funds with non-Federal funds. 

‘‘(B) The number of students enrolled in the qualified 

masters degree program at the eligible institution in the 

previous academic year. 

‘‘(C) The average cost of attendance per student, for 

all full-time students enrolled in the qualified masters 

degree program at such institution. 

‘‘(D) The number of students in the previous year who 

received a degree in the qualified masters degree program 

at such institution. 

‘‘(E) The contribution, on a percent basis, of the programs for which the institution is eligible to receive funds 

under this section to the total number of African Americans 

receiving masters degrees in the disciplines related to the 

programs for the previous year. 

‘‘(g) HOLD HARMLESS RULE.—Notwithstanding paragraphs (2) 

and (3) of subsection (f), no eligible institution identified in subsection (b)(1) that receives a grant under this section for fiscal 

year 2009 and that is eligible to receive a grant for a subsequent 

fiscal year shall receive a grant amount for any such subsequent 

fiscal year that is less than the grant amount received for fiscal 

year 2009, unless— 

‘‘(1) the amount appropriated is not sufficient to provide 

such grant amounts to all such institutions and programs that 

received grants under this section for such fiscal year and 


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that are eligible to receive a grant in such subsequent fiscal 

year; or 

‘‘(2) the institution cannot provide sufficient matching funds 

to meet the requirements of this section. 

‘‘SEC. 724. MASTERS DEGREE PROGRAMS AT PREDOMINANTLY BLACK 

INSTITUTIONS. 

‘‘(a) GRANT PROGRAM AUTHORIZED.— 

‘‘(1) IN GENERAL.—Subject to the availability of funds appropriated to carry out this section, the Secretary shall award 

program grants to each of the institutions listed in subsection 

(b)(1) that is determined by the Secretary to be making a 

substantial contribution to graduate education opportunities 

at the masters level in mathematics, engineering, the physical 

or natural sciences, computer science, information technology, 

nursing, allied health, or other scientific disciplines for Black 

Americans. 

‘‘(2) ASSURANCE OF NON-FEDERAL MATCHING FUNDS.—No 

grant in excess of $1,000,000 may be made under this section 

unless the institution provides assurances that 50 percent of 

the cost of the purposes for which the grant is made will 

be paid from non-Federal sources, except that no institution 

shall be required to match any portion of the first $1,000,000 

of the institution’s award from the Secretary. After funds are 

made available to each eligible institution under the funding 

rules described in subsection (f), the Secretary shall distribute, 

on a pro rata basis, any amounts which were not so made 

available (by reason of the failure of an institution to comply 

with the matching requirements of this paragraph) among the 

institutions that have complied with such matching requirement. 

‘‘(3) MINIMUM AWARD.—Subject to subsections (f) and (g), 

the amount awarded to each eligible institution listed in subsection (b)(1) for a fiscal year shall be not less than $500,000. 

‘‘(4) DURATION OF GRANTS.—A grant awarded under this 

section shall be for a period of not more than six years, but 

may be periodically renewed for a period to be determined 

by the Secretary. 

‘‘(b) INSTITUTIONAL ELIGIBILITY.— 

‘‘(1) IN GENERAL.—Institutions eligible for grants under 

subsection (a) are the following: 

‘‘(A) Chicago State University. 

‘‘(B) Columbia Union College. 

‘‘(C) Long Island University, Brooklyn campus. 

‘‘(D) Robert Morris College. 

‘‘(E) York College, The City University of New York. 

‘‘(2) QUALIFIED MASTERS DEGREE PROGRAM.— 

‘‘(A) IN GENERAL.—For the purposes of this section, 

the term ‘qualified masters degree program’ means a masters degree program that provides a program of instruction 

in mathematics, engineering, the physical or natural 

sciences, computer science, information technology, 

nursing, allied health, or other scientific disciplines in 

which African Americans are underrepresented and has 

students enrolled in such program of instruction at the 

time of application for a grant under this section. 

20 USC 1136b. 


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‘‘(B) ENROLLMENT EXCEPTION.—Notwithstanding the 

enrollment requirement contained in subparagraph (A), an 

institution may use an amount equal to not more than 

10 percent of the institution’s grant under this section 

for the development of a new qualified masters degree 

program. 

‘‘(3) INSTITUTIONAL CHOICE.—The president or chancellor 

of the institution may decide which graduate school or qualified 

masters degree program will receive funds under the grant 

in any one fiscal year, if the allocation of funds among the 

schools or programs is delineated in the application for funds 

submitted to the Secretary under this section. 

‘‘(4) ONE GRANT PER INSTITUTION.—The Secretary shall not 

award more than one grant under this section in any fiscal 

year to any institution of higher education. 

‘‘(c) APPLICATION.—An eligible institution listed in subsection 

(b)(1) desiring a grant under this section shall submit an application 

at such time, in such manner, and containing such information 

as the Secretary may require. The application shall— 

‘‘(1) demonstrate how the grant funds under this section 

will be used to improve graduate educational opportunities 

for Black and low-income students and lead to greater financial 

independence; and 

‘‘(2) provide, in the case of applications for grants in excess of $1,000,000, the assurances required under subsection (a)(2) 

and specify the manner in which the eligible institution is 

going to pay the non-Federal share of the cost of the application. 

‘‘(d) USES OF FUNDS.—A grant under this section may be used 

for— 

‘‘(1) purchase, rental, or lease of scientific or laboratory 

equipment for educational purposes, including instructional and 

research purposes; 

‘‘(2) construction, maintenance, renovation, and improvement in classroom, library, laboratory, and other instructional 

facilities, including purchase or rental of telecommunications 

technology equipment or services; 

‘‘(3) purchase of library books, periodicals, technical and 

other scientific journals, microfilm, microfiche, and other educational materials, including telecommunications program 

materials; 

‘‘(4) scholarships, fellowships, and other financial assistance 

for needy graduate students to permit the enrollment of the 

students in, and completion of, a masters degree in mathematics, engineering, the physical or natural sciences, computer 

science, information technology, nursing, allied health, or other 

scientific disciplines in which African Americans are underrepresented; 

‘‘(5) establishing or improving a development office to 

strengthen and increase contributions from alumni and the 

private sector; 

‘‘(6) assisting in the establishment or maintenance of an 

institutional endowment to facilitate financial independence 

pursuant to section 331; 

‘‘(7) funds and administrative management, and the 

acquisition of equipment, including software, for use in 

strengthening funds management and management information 

systems; 


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‘‘(8) acquisition of real property that is adjacent to the 

campus in connection with the construction, renovation, or 

improvement of, or an addition to, campus facilities; 

‘‘(9) education or financial information designed to improve 

the financial literacy and economic literacy of students or the 

students’ families, especially with regard to student indebtedness and student assistance programs under title IV; 

‘‘(10) tutoring, counseling, and student service programs 

designed to improve academic success; 

‘‘(11) faculty professional development, faculty exchanges, 

and faculty participation in professional conferences and 

meetings; and 

‘‘(12) other activities proposed in the application submitted 

under subsection (c) that— 

‘‘(A) contribute to carrying out the purposes of this 

section; and 

‘‘(B) are approved by the Secretary as part of the 

review and acceptance of such application. 

‘‘(e) INTERACTION WITH OTHER GRANT PROGRAMS.—No institution that is eligible for and receives an award under section 326, 

512, or 723 for a fiscal year shall be eligible to apply for a grant, 

or receive grant funds, under this section for the same fiscal year. 

‘‘(f) FUNDING RULE.—Subject to subsection (g), of the amount 

appropriated to carry out this section for any fiscal year— 

‘‘(1) the first $2,500,000 (or any lesser amount appropriated) shall be available only for the purposes of making 

minimum grants under subsection (a)(3) to eligible institutions 

listed in subparagraphs (A) through (E) of subsection (b)(1), 

except that if the amount appropriated is not sufficient to 

pay the minimum grant awards to all such eligible institutions, 

the amount of the minimum award to each such eligible institution shall be ratably reduced; 

‘‘(2) after the application of paragraph (1), an amount shall 

be available for the purpose of making minimum grants under 

subsection (a)(3) to eligible institutions described in subsection 

(b)(1) that do not receive a grant under paragraph (1), if any, 

except that if the amount appropriated is not sufficient to 

pay the minimum grant awards to all such eligible institutions, 

the amount of the minimum award to each such eligible institution shall be ratably reduced; and 

‘‘(3) any amount in excess of $2,500,000 shall be made 

available to each of the eligible institutions identified in subparagraphs (A) through (E) of subsection (b)(1), pursuant to 

a formula developed by the Secretary that uses the following 

elements: 

‘‘(A) The ability of the institution to match Federal 

funds with non-Federal funds. 

‘‘(B) The number of students enrolled in the qualified 

masters degree program at the eligible institution in the 

previous academic year. 

‘‘(C) The average cost of attendance per student, for 

all full-time students enrolled in the qualified masters 

degree program at such institution. 

‘‘(D) The number of students in the previous year who 

received a degree in the qualified masters degree program 

at such institution. 


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‘‘(E) The contribution, on a percent basis, of the programs for which the institution is eligible to receive funds 

under this section to the total number of African Americans 

receiving masters degrees in the disciplines related to the 

programs for the previous year. 

‘‘(g) HOLD HARMLESS RULE.—Notwithstanding paragraphs (2) 

and (3) of subsection (f), no eligible institution identified in subsection (b)(1) that receives a grant under this section for fiscal 

year 2009 and that is eligible to receive a grant in a subsequent 

fiscal year shall receive a grant amount in any such subsequent 

fiscal year that is less than the grant amount received for fiscal 

year 2009, unless— 

‘‘(1) the amount appropriated is not sufficient to provide 

such grant amounts to all such institutions and programs that 

received grants under this section for such fiscal year and 

that are eligible to receive a grant in such subsequent fiscal 

year; or 

‘‘(2) the institution cannot provide sufficient matching funds 

to meet the requirements of this section. 

‘‘SEC. 725. AUTHORIZATION OF APPROPRIATIONS. 

‘‘(a) MASTERS DEGREE PROGRAMS AT HISTORICALLY BLACK COL- LEGES AND UNIVERSITIES.—There are authorized to be appropriated 

to carry out section 723 such sums as may be necessary for fiscal 

year 2009 and each of the five succeeding fiscal years. 

‘‘(b) MASTERS DEGREE PROGRAMS AT PREDOMINANTLY BLACK

INSTITUTIONS.—There are authorized to be appropriated to carry 

out section 724 such sums as may be necessary for fiscal year 

2009 and each of the five succeeding fiscal years.’’. 

SEC. 707. FUND FOR THE IMPROVEMENT OF POSTSECONDARY EDUCATION. 

(a) CONTRACT AND GRANT PURPOSES.—Section 741(a) (20 U.S.C. 

1138(a)) is amended— 

(1) by striking paragraphs (1) through (3) and inserting 

the following: 

‘‘(1) the encouragement of reform and improvement of, and 

innovation in, postsecondary education and the provision of 

educational opportunity for all students, including nontraditional students; 

‘‘(2) the creation of institutions, programs, and joint efforts 

involving paths to career and professional training, including— 

‘‘(A) efforts that provide academic credit for programs; 

and 

‘‘(B) combinations of academic and experiential 

learning; 

‘‘(3) the establishment and continuation of institutions, programs, consortia, collaborations, and other joint efforts based 

on communications technology, including those efforts that utilize distance education and technological advancements to educate and train postsecondary students (including health professionals serving medically underserved populations);’’; 

(2) by striking paragraph (6) and inserting the following: 

‘‘(6) the introduction of institutional reforms designed to 

expand individual opportunities for entering and reentering 

postsecondary institutions and pursuing programs of postsecondary study tailored to individual needs;’’; 

(3) in paragraph (7), by striking ‘‘and’’ after the semicolon; 

20 USC 1136c. 


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(4) in paragraph (8), by striking the period at the end 

and inserting a semicolon; and 

(5) by adding at the end the following: 

‘‘(9) the introduction of reforms in remedial education, 

including English language instruction, to customize remedial 

courses to student goals and help students progress rapidly 

from remedial courses into core courses and through postsecondary program completion; 

‘‘(10) the provision of support and assistance to partnerships between institutions of higher education and secondary 

schools with a significant population of students identified as 

late-entering limited English proficient students, to establish 

programs that— 

‘‘(A) result in increased secondary school graduation 

rates of limited English proficient students; and 

‘‘(B) increase the number of participating late-entering 

limited English proficient students who pursue postsecondary education; 

‘‘(11) the creation of consortia that join diverse institutions 

of higher education to design and offer curricular and cocurricular interdisciplinary programs at the undergraduate and 

graduate levels, sustained for not less than a 5 year period, 

that— 

‘‘(A) focus on poverty and human capability; and 

‘‘(B) include— 

‘‘(i) a service-learning component; and 

‘‘(ii) the delivery of educational services through 

informational resource centers, summer institutes, 

midyear seminars, and other educational activities that 

stress the effects of poverty and how poverty can be 

alleviated through different career paths; 

‘‘(12) the provision of support and assistance for demonstration projects to provide comprehensive support services to 

ensure that homeless students, or students who were in foster 

care or were a ward of the court at any time before the age 

of 13, enroll and succeed in postsecondary education, including 

providing housing to such students during periods when 

housing at the institution of higher education is closed or 

generally unavailable to other students; and 

‘‘(13) the support of efforts to work with institutions of 

higher education, and nonprofit organizations, that seek to 

promote cultural diversity in the entertainment media industry, 

including through the training of students in production, marketing, and distribution of culturally relevant content.’’. 

(b) CENTER FOR BEST PRACTICES TO SUPPORT SINGLE PARENT

STUDENTS.—Section 741 (20 U.S.C. 1138) is further amended by 

adding at the end the following: 

‘‘(c) CENTER FOR BEST PRACTICES TO SUPPORT SINGLE PARENT

STUDENTS.— 

‘‘(1) PROGRAM AUTHORIZED.—The Secretary is authorized 

to award one grant or contract to an institution of higher 

education to enable such institution to establish and maintain 

a center to study and develop best practices for institutions 

of higher education to support single parents who are also 

students attending such institutions. 

‘‘(2) INSTITUTION REQUIREMENTS.—The Secretary shall 

award the grant or contract under this subsection to a fourGrants. 

Contracts. 


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year institution of higher education that has demonstrated 

expertise in the development of programs to assist single parents who are students at institutions of higher education, as 

shown by the institution’s development of a variety of targeted 

services to such students, including on-campus housing, child 

care, counseling, advising, internship opportunities, financial 

aid, and financial aid counseling and assistance. 

‘‘(3) CENTER ACTIVITIES.—The center funded under this section shall— 

‘‘(A) assist institutions implementing innovative programs that support single parents pursuing higher education; 

‘‘(B) study and develop an evaluation protocol for such 

programs that includes quantitative and qualitative methodologies; 

‘‘(C) provide appropriate technical assistance regarding 

the replication, evaluation, and continuous improvement 

of such programs; and 

‘‘(D) develop and disseminate best practices for such 

programs.’’. 

(c) PROHIBITION.—Section 741 (20 U.S.C. 1138) is further 

amended by adding after subsection (c) (as added by subsection 

(b) of this section) the following: 

‘‘(d) PROHIBITION.— 

‘‘(1) IN GENERAL.—No funds made available under this 

part shall be used to provide direct financial assistance in 

the form of grants or scholarships to students who do not 

meet the requirements of section 484(a). 

‘‘(2) RULE OF CONSTRUCTION.—Nothing in this subsection 

shall be construed to prevent a student who does not meet 

the requirements of section 484(a) from participating in programs funded under this part.’’. 

(d) PRIORITY.—Section 741 (20 U.S.C. 1138) is further amended 

by adding after subsection (d) (as added by subsection (c) of this 

section) the following: 

‘‘(e) PRIORITY.—In making grants under this part to any institution of higher education after the date of enactment of the Higher 

Education Opportunity Act, the Secretary may give priority to 

institutions that meet or exceed the most current version of 

ASHRAE/IES Standard 90.1 (as such term is used in section 

342(a)(6) of the Energy Policy and Conservation Act (42 U.S.C. 

6313(a)(6)) for any new facilities construction or major renovation 

of the institution after such date, except that this subsection shall 

not apply with respect to barns or greenhouses or similar structures 

owned by the institution.’’. 

(e) SCHOLARSHIP PROGRAM FOR FAMILY MEMBERS OF VETERANS

OR MEMBERS OF THE MILITARY.—Section 741 (20 U.S.C. 1138) is 

further amended by adding after subsection (e) (as added by subsection (d) of this section) the following: 

‘‘(f) SCHOLARSHIP PROGRAM FOR FAMILY MEMBERS OF VETERANS

OR MEMBERS OF THE MILITARY.— 

‘‘(1) AUTHORIZATION.—The Secretary shall enter into a contract with a nonprofit organization with demonstrated success 

in carrying out the activities described in this subsection to 

carry out a program to provide postsecondary education scholarships for eligible students. 

Contracts. 

Nonprofit 

organizations. 


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‘‘(2) DEFINITION OF ELIGIBLE STUDENT.—In this subsection, 

the term ‘eligible student’ means an individual who is enrolled 

as a full-time or part-time student at an institution of higher 

education (as defined in section 102) and is— 

‘‘(A) a dependent student who is a child of— 

‘‘(i) an individual who is— 

‘‘(I) serving on active duty during a war or 

other military operation or national emergency (as 

defined in section 481); or 

‘‘(II) performing qualifying National Guard 

duty during a war or other military operation or 

national emergency (as defined in section 481); 

or 

‘‘(ii) a veteran who— 

‘‘(I) served or performed, as described in clause 

(i), since September 11, 2001; and 

‘‘(II) died, or has been disabled, as a result 

of such service or performance; or 

‘‘(B) an independent student who— 

‘‘(i) is a spouse of an individual who is— 

‘‘(I) serving on active duty during a war or 

other military operation or national emergency (as 

defined in section 481); or 

‘‘(II) performing qualifying National Guard 

duty during a war or other military operation or 

national emergency (as defined in section 481); 

‘‘(ii) was (at the time of death of the veteran) 

a spouse of a veteran who— 

‘‘(I) served or performed, as described in clause 

(i), since September 11, 2001; and 

‘‘(II) died as a result of such service or performance; or 

‘‘(iii) is a spouse of a veteran who— 

‘‘(I) served or performed, as described in clause 

(i), since September 11, 2001; and 

‘‘(II) has been disabled as a result of such 

service or performance. 

‘‘(3) AWARDING OF SCHOLARSHIPS.—Scholarships awarded 

under this subsection shall be awarded based on need with 

priority given to eligible students who are eligible to receive 

Federal Pell Grants under subpart 1 of part A of title IV. 

‘‘(4) MAXIMUM SCHOLARSHIP AMOUNT.—The maximum 

scholarship amount awarded to an eligible student under this 

subsection for an award year shall be the lesser of $5,000, 

or the student’s cost of attendance (as defined in section 472). 

‘‘(5) AMOUNTS FOR SCHOLARSHIPS.—All of the amounts 

appropriated to carry out this subsection for a fiscal year shall 

be used for scholarships awarded under this subsection, except 

that the nonprofit organization receiving a contract under this 

subsection may use not more than one percent of such amounts 

for the administrative costs of the contract.’’. 

(f) AREAS OF NATIONAL NEED.—Section 744(c) (20 U.S.C. 

1138c(c)) is amended to read as follows: 

‘‘(c) AREAS OF NATIONAL NEED.—Areas of national need shall 

include, at a minimum, the following: 


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‘‘(1) Institutional restructuring to improve learning and 

promote productivity, efficiency, quality improvement, and cost 

reduction. 

‘‘(2) Improvements in academic instruction and student 

learning, including efforts designed to assess the learning gains 

made by postsecondary students. 

‘‘(3) Articulation between two- and four-year institutions 

of higher education, including developing innovative methods 

for ensuring the successful transfer of students from two- to 

four-year institutions of higher education. 

‘‘(4) Development, evaluation, and dissemination of model 

courses, including model courses that— 

‘‘(A) provide students with a broad and integrated 

knowledge base; 

‘‘(B) include, at a minimum, broad survey courses in 

English literature, American and world history, American 

political institutions, economics, philosophy, college-level 

mathematics, and the natural sciences; and 

‘‘(C) include study of a foreign language that leads 

to reading and writing competency in the foreign language. 

‘‘(5) International cooperation and student exchanges 

among postsecondary educational institutions. 

‘‘(6) Support of centers to incorporate education in quality 

and safety into the preparation of medical and nursing students, 

through grants to medical schools, nursing schools, and osteopathic schools. Such grants shall be used to assist in providing 

courses of instruction that specifically equip students to— 

‘‘(A) understand the causes of, and remedies for, medical error, medically induced patient injuries and complications, and other defects in medical care; 

‘‘(B) engage effectively in personal and systemic efforts 

to continually reduce medical harm; and 

‘‘(C) improve patient care and outcomes, as recommended by the Institute of Medicine.’’. 

(g) AUTHORIZATION OF APPROPRIATIONS FOR THE FUND FOR THE

IMPROVEMENT OF POSTSECONDARY EDUCATION.—Section 745 (20 

U.S.C. 1138d) is amended by striking ‘‘$30,000,000 for fiscal year 

1999’’ and all that follows through the period at the end and 

inserting ‘‘such sums as may be necessary for fiscal year 2009 

and each of the five succeeding fiscal years.’’. 

(h) TECHNICAL FIPSE AMENDMENTS.—Part B of title VII (20 

U.S.C. 1138 et seq.) is further amended— 

(1) in section 742 (20 U.S.C. 1138a)— 

(A) in subsection (b)— 

(i) by striking ‘‘(b) MEMBERSHIP.—’’ and all that 

follows through ‘‘The Secretary’’ and inserting ‘‘(b) 

MEMBERSHIP.—The Secretary’’; and 

(ii) by striking paragraph (2); 

(B) in subsection (c), by striking ‘‘and the Director’’ 

each place the term appears; and 

(C) in subsection (d), by striking ‘‘Director’’ and 

inserting ‘‘Secretary’’; 

(2) in section 743 (20 U.S.C. 1138b)— 

(A) by striking ‘‘(a) TECHNICAL EMPLOYEES.—’’; and 

(B) by striking subsection (b); and 


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(3) in section 744(a) (20 U.S.C. 1138c(a)), by striking 

‘‘Director’’ each place the term appears and inserting ‘‘Secretary’’. 

SEC. 708. REPEAL OF THE URBAN COMMUNITY SERVICE PROGRAM. 

Part C of title VII (20 U.S.C. 1139 et seq.) is repealed. 

SEC. 709. PROGRAMS TO PROVIDE STUDENTS WITH DISABILITIES WITH 

A QUALITY HIGHER EDUCATION. 

Title VII (20 U.S.C. 1133 et seq.) is further amended— 

(1) by redesignating section 771 (20 U.S.C. 1141) as section 

781; and 

(2) by striking part D of title VII (20 U.S.C. 1140 et 

seq.) and inserting the following: 

‘‘PART D—PROGRAMS TO PROVIDE STUDENTS 

WITH DISABILITIES WITH A QUALITY HIGHER EDUCATION 

‘‘SEC. 760. DEFINITIONS. 

‘‘In this part: 

‘‘(1) COMPREHENSIVE TRANSITION AND POSTSECONDARY PROGRAM FOR STUDENTS WITH INTELLECTUAL DISABILITIES.—The 

term ‘comprehensive transition and postsecondary program for 

students with intellectual disabilities’ means a degree, certificate, or nondegree program that is— 

‘‘(A) offered by an institution of higher education; 

‘‘(B) designed to support students with intellectual 

disabilities who are seeking to continue academic, career 

and technical, and independent living instruction at an 

institution of higher education in order to prepare for gainful employment; 

‘‘(C) includes an advising and curriculum structure; 

and 

‘‘(D) requires students with intellectual disabilities to 

participate on not less than a half-time basis, as determined 

by the institution, with such participation focusing on academic components and occurring through one or more of 

the following activities: 

‘‘(i) Regular enrollment in credit-bearing courses 

with nondisabled students offered by the institution. 

‘‘(ii) Auditing or participating in courses with nondisabled students offered by the institution for which 

the student does not receive regular academic credit. 

‘‘(iii) Enrollment in noncredit-bearing, nondegree 

courses with nondisabled students. 

‘‘(iv) Participation in internships or work-based 

training in settings with nondisabled individuals. 

‘‘(2) STUDENT WITH AN INTELLECTUAL DISABILITY.—The term 

‘student with an intellectual disability’ means a student— 

‘‘(A) with mental retardation or a cognitive impairment, 

characterized by significant limitations in— 

‘‘(i) intellectual and cognitive functioning; and 

‘‘(ii) adaptive behavior as expressed in conceptual, 

social, and practical adaptive skills; and 

20 USC 1140. 


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‘‘(B) who is currently, or was formerly, eligible for 

a free appropriate public education under the Individuals 

with Disabilities Education Act. 

‘‘Subpart 1—Demonstration Projects to Support 

Postsecondary Faculty, Staff, and Administrators in Educating Students With Disabilities 

‘‘SEC. 761. PURPOSE. 

‘‘It is the purpose of this subpart to support model demonstration projects to provide technical assistance or professional development for postsecondary faculty, staff, and administrators in institutions of higher education to enable such faculty, staff, and administrators to provide students with disabilities with a quality postsecondary education. 

‘‘SEC. 762. GRANTS, CONTRACTS, AND COOPERATIVE AGREEMENTS 

AUTHORIZED. 

‘‘(a) COMPETITIVE GRANTS, CONTRACTS, AND COOPERATIVE

AGREEMENTS AUTHORIZED.— 

‘‘(1) IN GENERAL.—From amounts appropriated under section 765, the Secretary may award grants, contracts, and 

cooperative agreements, on a competitive basis, to institutions 

of higher education to enable the institutions to carry out 

the activities under subsection (b). 

‘‘(2) AWARDS FOR PROFESSIONAL DEVELOPMENT AND TECHNICAL ASSISTANCE.—Not less than two grants, contracts, 

cooperative agreements, or a combination of such awards shall 

be awarded to institutions of higher education that provide 

professional development and technical assistance in order for 

students with learning disabilities to receive a quality postsecondary education. 

‘‘(b) DURATION; ACTIVITIES.— 

‘‘(1) DURATION.—A grant, contract, or cooperative agreement under this subpart shall be awarded for a period of 

three years. 

‘‘(2) AUTHORIZED ACTIVITIES.—A grant, contract, or cooperative agreement awarded under this subpart shall be used to 

carry out one or more of the following activities: 

‘‘(A) TEACHING METHODS AND STRATEGIES.—The 

development of innovative, effective, and efficient teaching 

methods and strategies, consistent with the principles of 

universal design for learning, to provide postsecondary faculty, staff, and administrators with the skills and supports 

necessary to teach and meet the academic and programmatic needs of students with disabilities, in order 

to improve the retention of such students in, and the 

completion by such students of, postsecondary education. 

Such methods and strategies may include in-service 

training, professional development, customized and general 

technical assistance, workshops, summer institutes, distance learning, and training in the use of assistive and 

educational technology. 

‘‘(B) EFFECTIVE TRANSITION PRACTICES.—The development of innovative and effective teaching methods and 

strategies to provide postsecondary faculty, staff, and 

20 USC 1140b. 

20 USC 1140a. 


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administrators with the skill and supports necessary to 

ensure the successful and smooth transition of students 

with disabilities from secondary school to postsecondary 

education. 

‘‘(C) SYNTHESIZING RESEARCH AND INFORMATION.—The 

synthesis of research and other information related to the 

provision of postsecondary educational services to students 

with disabilities, including data on the impact of a postsecondary education on subsequent employment of students 

with disabilities. Such research, information, and data shall 

be made publicly available and accessible. 

‘‘(D) DISTANCE LEARNING.—The development of innovative and effective teaching methods and strategies to provide postsecondary faculty, staff, and administrators with 

the ability to provide accessible distance education programs or classes that would enhance the access of students 

with disabilities to postsecondary education, including the 

use of accessible curricula and electronic communication 

for instruction and advising. 

‘‘(E) DISABILITY CAREER PATHWAYS.— 

‘‘(i) IN GENERAL.—The provision of information, 

training, and technical assistance to secondary and 

postsecondary faculty, staff, and administrators with 

respect to disability-related fields that would enable 

such faculty, staff, and administrators to— 

‘‘(I) encourage interest and participation in 

such fields, among students with disabilities and 

other students; 

‘‘(II) enhance awareness and understanding of 

such fields among students with disabilities and 

other students; 

‘‘(III) provide educational opportunities in such 

fields for students with disabilities and other students; 

‘‘(IV) teach practical skills related to such 

fields to students with disabilities and other students; and 

‘‘(V) offer work-based opportunities in such 

fields to students with disabilities and other students. 

‘‘(ii) DEVELOPMENT.—The training and support 

described in subclauses (I) through (V) of clause (i) 

may include offering students— 

‘‘(I) credit-bearing postsecondary-level 

coursework; and 

‘‘(II) career and educational counseling. 

‘‘(F) PROFESSIONAL DEVELOPMENT AND TRAINING SESSIONS.—The conduct of professional development and 

training sessions for postsecondary faculty, staff, and 

administrators from other institutions of higher education 

to enable such individuals to meet the educational needs 

of students with disabilities. 

‘‘(G) ACCESSIBILITY OF EDUCATION.—Making postsecondary education more accessible to students with disabilities through curriculum development, consistent with the 

principles of universal design for learning. 

Public 

information. 


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‘‘(3) MANDATORY EVALUATION AND DISSEMINATION.—An 

institution of higher education awarded a grant, contract, or 

cooperative agreement under this subpart shall evaluate and 

disseminate to other institutions of higher education, the 

information obtained through the activities described in subparagraphs (A) through (G) of paragraph (2). 

‘‘(c) CONSIDERATIONS IN MAKING AWARDS.—In awarding grants, 

contracts, or cooperative agreements under this subpart, the Secretary shall consider the following: 

‘‘(1) GEOGRAPHIC DISTRIBUTION.—Providing an equitable 

geographic distribution of such awards. 

‘‘(2) RURAL AND URBAN AREAS.—Distributing such awards 

to urban and rural areas. 

‘‘(3) RANGE AND TYPE OF INSTITUTION.—Ensuring that the 

activities to be assisted are developed for a range of types 

and sizes of institutions of higher education. 

‘‘(4) PRIOR EXPERIENCE OR EXCEPTIONAL PROGRAMS.—Distributing the awards to institutions of higher education with 

demonstrated prior experience in, or exceptional programs for, 

meeting the postsecondary educational needs of students with 

disabilities. 

‘‘(d) REPORTS.— 

‘‘(1) INITIAL REPORT.—Not later than one year after the 

date of enactment of the Higher Education Opportunity Act, 

the Secretary shall prepare and submit to the authorizing 

committees, and make available to the public, a report on 

all demonstration projects awarded grants under this part for 

any of fiscal years 1999 through 2008, including a review of 

the activities and program performance of such demonstration 

projects based on existing information as of the date of the 

report. 

‘‘(2) SUBSEQUENT REPORT.—Not later than three years after 

the date of the first award of a grant under this subpart 

after the date of enactment of the Higher Education Opportunity Act, the Secretary shall prepare and submit to the 

authorizing committees, and make available to the public, a 

report that— 

‘‘(A) reviews the activities and program performance 

of the demonstration projects authorized under this subpart; and 

‘‘(B) provides guidance and recommendations on how 

effective projects can be replicated. 

‘‘SEC. 763. APPLICATIONS. 

‘‘Each institution of higher education desiring to receive a grant, 

contract, or cooperative agreement under this subpart shall submit 

an application to the Secretary at such time, in such manner, 

and accompanied by such information as the Secretary may require. 

Each application shall include— 

‘‘(1) a description of the activities authorized under this 

subpart that the institution proposes to carry out, and how 

such institution plans to conduct such activities in order to 

further the purpose of this subpart; 

‘‘(2) a description of how the institution consulted with 

a broad range of people within the institution to develop activities for which assistance is sought; 

20 USC 1140c. 

Public 

information. 


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‘‘(3) a description of how the institution will coordinate 

and collaborate with the office that provides services to students 

with disabilities within the institution; and 

‘‘(4) a description of the extent to which the institution 

will work to replicate the research-based and best practices 

of institutions of higher education with demonstrated effectiveness in serving students with disabilities. 

‘‘SEC. 764. RULE OF CONSTRUCTION. 

‘‘Nothing in this subpart shall be construed to impose any 

additional duty, obligation, or responsibility on an institution of 

higher education or on the institution’s faculty, administrators, 

or staff than is required under section 504 of the Rehabilitation 

Act of 1973 (29 U.S.C. 794) and the Americans with Disabilities 

Act of 1990 (42 U.S.C. 12101 et seq.). 

‘‘SEC. 765. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated to carry out this 

subpart such sums as may be necessary for fiscal year 2009 and 

each of the five succeeding fiscal years. 

‘‘Subpart 2—Transition Programs for Students 

With Intellectual Disabilities Into Higher Education 

‘‘SEC. 766. PURPOSE. 

‘‘It is the purpose of this subpart to support model demonstration programs that promote the successful transition of students 

with intellectual disabilities into higher education. 

‘‘SEC. 767. MODEL COMPREHENSIVE TRANSITION AND POSTSECONDARY PROGRAMS FOR STUDENTS WITH INTELLECTUAL 

DISABILITIES. 

‘‘(a) GRANTS AUTHORIZED.— ‘‘(1) IN GENERAL.—From amounts appropriated under section 769(a), the Secretary shall annually award grants, on 

a competitive basis, to institutions of higher education (or consortia of institutions of higher education), to enable the institutions or consortia to create or expand high quality, inclusive 

model comprehensive transition and postsecondary programs 

for students with intellectual disabilities. 

‘‘(2) ADMINISTRATION.—The program under this section 

shall be administered by the office in the Department that 

administers other postsecondary education programs. 

‘‘(3) DURATION OF GRANTS.—A grant under this section 

shall be awarded for a period of 5 years. 

‘‘(b) APPLICATION.—An institution of higher education (or a 

consortium) desiring a grant under this section shall submit an 

application to the Secretary at such time, in such manner, and 

containing such information as the Secretary may require. 

‘‘(c) AWARD BASIS.—In awarding grants under this section, the 

Secretary shall— 

‘‘(1) provide for an equitable geographic distribution of such 

grants; 

‘‘(2) provide grant funds for model comprehensive transition 

and postsecondary programs for students with intellectual 

20 USC 1140g. 

20 USC 1140f. 

20 USC 1140e. 

20 USC 1140d. 


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disabilities that will serve areas that are underserved by programs of this type; and 

‘‘(3) give preference to applications submitted under subsection (b) that agree to incorporate into the model comprehensive transition and postsecondary program for students with 

intellectual disabilities carried out under the grant one or more 

of the following elements: 

‘‘(A) The formation of a partnership with any relevant 

agency serving students with intellectual disabilities, such 

as a vocational rehabilitation agency. 

‘‘(B) In the case of an institution of higher education 

that provides institutionally owned or operated housing 

for students attending the institution, the integration of 

students with intellectual disabilities into the housing 

offered to nondisabled students. 

‘‘(C) The involvement of students attending the institution of higher education who are studying special education, 

general education, vocational rehabilitation, assistive technology, or related fields in the model program. 

‘‘(d) USE OF FUNDS.—An institution of higher education (or 

consortium) receiving a grant under this section shall use the 

grant funds to establish a model comprehensive transition and 

postsecondary program for students with intellectual disabilities 

that— 

‘‘(1) serves students with intellectual disabilities; 

‘‘(2) provides individual supports and services for the academic and social inclusion of students with intellectual disabilities in academic courses, extracurricular activities, and other 

aspects of the institution of higher education’s regular postsecondary program; 

‘‘(3) with respect to the students with intellectual disabilities participating in the model program, provides a focus on— 

‘‘(A) academic enrichment; 

‘‘(B) socialization; 

‘‘(C) independent living skills, including self-advocacy 

skills; and 

‘‘(D) integrated work experiences and career skills that 

lead to gainful employment; 

‘‘(4) integrates person-centered planning in the development of the course of study for each student with an intellectual 

disability participating in the model program; 

‘‘(5) participates with the coordinating center established 

under section 777(b) in the evaluation of the model program; 

‘‘(6) partners with one or more local educational agencies 

to support students with intellectual disabilities participating 

in the model program who are still eligible for special education 

and related services under the Individuals with Disabilities 

Education Act, including the use of funds available under part 

B of such Act to support the participation of such students 

in the model program; 

‘‘(7) plans for the sustainability of the model program after 

the end of the grant period; and 

‘‘(8) creates and offers a meaningful credential for students 

with intellectual disabilities upon the completion of the model 

program. 

‘‘(e) MATCHING REQUIREMENT.—An institution of higher education (or consortium) that receives a grant under this section 


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shall provide matching funds toward the cost of the model comprehensive transition and postsecondary program for students with 

intellectual disabilities carried out under the grant. Such matching 

funds may be provided in cash or in-kind, and shall be in an 

amount of not less than 25 percent of the amount of such costs. 

‘‘(f) REPORT.—Not later than five years after the date of the 

first grant awarded under this section, the Secretary shall prepare 

and disseminate a report to the authorizing committees and to 

the public that— 

‘‘(1) reviews the activities of the model comprehensive 

transition and postsecondary programs for students with 

intellectual disabilities funded under this section; and 

‘‘(2) provides guidance and recommendations on how effective model programs can be replicated. 

‘‘SEC. 768. RULE OF CONSTRUCTION. 

‘‘Nothing in this subpart shall be construed to reduce or 

expand— 

‘‘(1) the obligation of a State or local educational agency 

to provide a free appropriate public education, as defined in 

section 602 of the Individuals with Disabilities Education Act; 

or 

‘‘(2) eligibility requirements under any Federal, State, or 

local disability law, including the Americans with Disabilities 

Act of 1990 (42 U.S.C. 12101 et seq.), the Rehabilitation Act 

of 1973 (29 U.S.C. 701 et seq.), or the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 

15001 et seq.). 

‘‘SEC. 769. AUTHORIZATION OF APPROPRIATIONS AND RESERVATION. 

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

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

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

fiscal years. 

‘‘(b) RESERVATION OF FUNDS.—For any fiscal year for which 

appropriations are made for this subpart, the Secretary shall 

reserve funds to enter into a cooperative agreement to establish 

the coordinating center under section 777(b), in an amount that 

is— 

‘‘(1) not less than $240,000 for any year in which the 

amount appropriated to carry out this subpart is $8,000,000 

or less; or 

‘‘(2) equal to 3 percent of the amount appropriated to carry 

out this subpart for any year in which such amount appropriated is greater than $8,000,000. 

‘‘Subpart 3—Commission on Accessible Materials; 

Programs to Support Improved Access to Materials 

‘‘SEC. 771. DEFINITION OF STUDENT WITH A PRINT DISABILITY. 

‘‘In this subpart, the term ‘student with a print disability’ 

means a student with a disability who experiences barriers to 

accessing instructional material in nonspecialized formats, including 

an individual described in section 121(d)(2) of title 17, United 

States Code. 

20 USC 1140k. 

Contracts. 

20 USC 1140i. 

20 USC 1140h. 


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‘‘SEC. 772. ESTABLISHMENT OF ADVISORY COMMISSION ON ACCESSIBLE INSTRUCTIONAL MATERIALS IN POSTSECONDARY 

EDUCATION FOR STUDENTS WITH DISABILITIES. 

‘‘(a) ESTABLISHMENT.— ‘‘(1) IN GENERAL.—The Secretary shall establish a commission to be known as the Advisory Commission on Accessible 

Instructional Materials in Postsecondary Education for Students with Disabilities (in this section referred to as the 

‘Commission’). 

‘‘(2) MEMBERSHIP.— ‘‘(A) TOTAL NUMBER OF MEMBERS.—The Commission 

shall include not more than 19 members, who shall be 

appointed by the Secretary in accordance with in subparagraphs (B) and (C). 

‘‘(B) MEMBERS OF THE COMMISSION.—The Commission 

members shall include one representative from each of 

the following categories: 

‘‘(i) The Office of Postsecondary Education of the 

Department. 

‘‘(ii) The Office of Special Education and Rehabilitative Services of the Department. 

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

‘‘(iv) The Library of Congress National Digital 

Information and Infrastructure Preservation Program 

Copyright Working Group. 

‘‘(v) The Association on Higher Education and Disability. 

‘‘(vi) The Association of American Publishers. 

‘‘(vii) The Association of American University 

Presses. 

‘‘(viii) The National Council on Disability. 

‘‘(ix) Recording for the Blind and Dyslexic. 

‘‘(x) National organizations representing individuals with visual impairments. 

‘‘(xi) National organizations representing individuals with learning disabilities. 

‘‘(C) ADDITIONAL MEMBERS OF THE COMMISSION.—The 

Commission members shall include two representatives 

from each of the following categories: 

‘‘(i) Staff from institutions of higher education with 

demonstrated experience teaching or supporting students with print disabilities, including representatives 

from both two-year and four-year institutions of higher 

education of different sizes. 

‘‘(ii) Producers of accessible materials, publishing 

software, and supporting technologies in specialized 

formats, such as Braille, audio or synthesized speech, 

and digital media. 

‘‘(iii) Individuals with visual impairments, 

including not less than one currently enrolled postsecondary student. 

‘‘(iv) Individuals with dyslexia or other learning 

disabilities related to reading, including not less than 

one currently enrolled postsecondary student. 

‘‘(D) TIMING.—The Secretary shall appoint the members of the Commission not later than 60 days after the 

Commission is established under paragraph (1). 

Deadline. 

20 USC 1140l. 


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‘‘(3) CHAIRPERSON AND VICE CHAIRPERSON.—The Commission shall select a chairperson and vice chairperson from among 

the members of the Commission. 

‘‘(4) MEETINGS.— 

‘‘(A) IN GENERAL.—The Commission shall meet at the 

call of the Chairperson. 

‘‘(B) FIRST MEETING.—Not later than 60 days after 

the appointment of the members of the Commission under 

paragraph (2)(D), the Commission shall hold the Commission’s first meeting. 

‘‘(5) QUORUM.—A majority of the members of the Commission shall constitute a quorum, but a lesser number of members 

may hold hearings. 

‘‘(b) DUTIES OF THE COMMISSION.— 

‘‘(1) STUDY.— 

‘‘(A) IN GENERAL.—The Commission shall conduct a 

comprehensive study to— 

‘‘(i) assess the barriers and systemic issues that 

may affect, and technical solutions available that may 

improve, the timely delivery and quality of accessible 

instructional materials for postsecondary students with 

print disabilities, as well as the effective use of such 

materials by faculty and staff; and 

‘‘(ii) make recommendations related to the development of a comprehensive approach to improve the 

opportunities for postsecondary students with print 

disabilities to access instructional materials in specialized formats in a timeframe comparable to the availability of instructional materials for postsecondary nondisabled students. 

‘‘(B) EXISTING INFORMATION.—To the extent practicable, in carrying out the study under this paragraph, 

the Commission shall identify and use existing research, 

recommendations, and information. 

‘‘(C) RECOMMENDATIONS.— 

‘‘(i) IN GENERAL.—The Commission shall develop 

recommendations— 

‘‘(I) to inform Federal regulations and legislation; 

‘‘(II) to support the model demonstration programs authorized under section 773; 

‘‘(III) to identify best practices in systems for 

collecting, maintaining, processing, and disseminating materials in specialized formats to students 

with print disabilities at costs comparable to 

instructional materials for postsecondary nondisabled students; 

‘‘(IV) to improve the effective use of such materials by faculty and staff, while complying with 

applicable copyright law; and 

‘‘(V) to modify the definitions of instructional 

materials, authorized entities, and eligible students, as such terms are used in applicable Federal 

law, for the purpose of improving services to students with disabilities. 

Deadline. 


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‘‘(ii) CONSIDERATIONS.—In developing the recommendations under subparagraph (C), the Commission shall consider— 

‘‘(I) how students with print disabilities may 

obtain instructional materials in accessible formats— 

‘‘(aa) within a timeframe comparable to 

the availability of instructional materials for 

nondisabled students; and 

‘‘(bb) to the maximum extent practicable, 

at costs comparable to the costs of such materials for nondisabled students; 

‘‘(II) the feasibility and technical parameters 

of establishing standardized electronic file formats, 

such as the National Instructional Materials Accessibility Standard as defined in section 674(e)(3) 

of the Individuals with Disabilities Education Act, 

to be provided by publishers of instructional materials to producers of materials in specialized formats, institutions of higher education, and eligible 

students; 

‘‘(III) the feasibility of establishing a national 

clearinghouse, repository, or file-sharing network 

for electronic files in specialized formats and files 

used in producing instructional materials in 

specialized formats, and a list of possible entities 

qualified to administer such clearinghouse, repository, or network; 

‘‘(IV) the feasibility of establishing marketbased solutions involving collaborations among 

publishers of instructional materials, producers of 

materials in specialized formats, and institutions 

of higher education; 

‘‘(V) solutions utilizing universal design; and 

‘‘(VI) solutions for low-incidence, high-cost 

requests for instructional materials in specialized 

formats. 

‘‘(2) REPORT.—Not later than one year after the Commission’s first meeting, the Commission shall submit a report 

to the Secretary and the authorizing committees detailing the 

findings and recommendations of the study conducted under 

paragraph (1). 

‘‘(3) DISSEMINATION OF INFORMATION.—In carrying out the 

study under paragraph (1), the Commission shall disseminate 

information concerning the issues that are the subject of the 

study through— 

‘‘(A) the National Technical Assistance Center established under subpart 4; and 

‘‘(B) other means, as determined by the Commission. 

‘‘(c) TERMINATION OF THE COMMISSION.—The Commission shall 

terminate on the date that is 90 days after the date on which 

the Commission submits the report under subsection (b)(2) to the 

Secretary and the authorizing committees. 


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‘‘SEC. 773. MODEL DEMONSTRATION PROGRAMS TO SUPPORT 

IMPROVED ACCESS TO POSTSECONDARY INSTRUCTIONAL 

MATERIALS FOR STUDENTS WITH PRINT DISABILITIES. 

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

model demonstration programs for the purpose of encouraging the 

development of systems to improve the quality of postsecondary 

instructional materials in specialized formats and such materials’ 

timely delivery to postsecondary students with print disabilities, 

including systems to improve efficiency and reduce duplicative 

efforts across multiple institutions of higher education. 

‘‘(b) DEFINITION OF ELIGIBLE PARTNERSHIP.—In this section, 

the term ‘eligible partnership’ means a partnership that— 

‘‘(1) shall include— 

‘‘(A) an institution of higher education with demonstrated expertise in meeting the needs of students with 

print disabilities, including the retention of such students 

in, and such students’ completion of, postsecondary education; and 

‘‘(B) a public or private entity, other than an institution 

of higher education, with— 

‘‘(i) demonstrated expertise in developing accessible instructional materials in specialized formats for 

postsecondary students with print disabilities; and 

‘‘(ii) the technical development expertise necessary 

for the efficient dissemination of such materials, 

including procedures to protect against copyright 

infringement with respect to the creation, use, and 

distribution of instructional materials in specialized 

formats; and 

‘‘(2) may include representatives of the publishing industry. 

‘‘(c) PROGRAM AUTHORIZED.—From amounts appropriated under 

section 775, the Secretary shall award grants or contracts, on a 

competitive basis, to not less than one eligible partnership to enable 

the eligible partnership to support the activities described in subsection (f) and, as applicable, subsection (g). 

‘‘(d) APPLICATION.—An eligible partnership that desires a grant 

or contract under this section shall submit an application at such 

time, in such manner, and in such format as the Secretary may 

prescribe. The application shall include information on how the 

eligible partnership will implement activities under subsection (f) 

and, as applicable, subsection (g). 

‘‘(e) PRIORITY.—In awarding grants or contracts under this section, the Secretary shall give priority to any applications that 

include the development and implementation of the procedures 

and approaches described in paragraphs (2) and (3) of subsection 

(g). 

‘‘(f) REQUIRED ACTIVITIES.—An eligible partnership that 

receives a grant or contract under this section shall use the grant 

or contract funds to carry out the following: 

‘‘(1) Supporting the development and implementation of 

the following: 

‘‘(A) Processes and systems to help identify, and verify 

eligibility of, postsecondary students with print disabilities 

in need of instructional materials in specialized formats. 

‘‘(B) Procedures and systems to facilitate and simplify 

request methods for accessible instructional materials in 

specialized formats from eligible students described in 

Grants. 

Contracts. 

20 USC 1140m. 


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subparagraph (A), which may include a single point-ofentry system. 

‘‘(C) Procedures and systems to coordinate among 

institutions of higher education, publishers of instructional 

materials, and entities that produce materials in specialized formats, to efficiently facilitate— 

‘‘(i) requests for such materials; 

‘‘(ii) the responses to such requests; and 

‘‘(iii) the delivery of such materials. 

‘‘(D) Delivery systems that will ensure the timely provision of instructional materials in specialized formats to 

eligible students, which may include electronic file distribution. 

‘‘(E) Systems to reduce duplicative conversions and 

improve sharing of the same instructional materials in 

specialized formats for multiple eligible students at multiple institutions of higher education. 

‘‘(F) Procedures to protect against copyright infringement with respect to the development, use, and distribution 

of instructional materials in specialized formats while 

maintaining accessibility for eligible students, which may 

include digital technologies such as watermarking, 

fingerprinting, and other emerging approaches. 

‘‘(G) Awareness, outreach, and training activities for 

faculty, staff, and students related to the acquisition and 

dissemination of instructional materials in specialized formats and instructional materials utilizing universal design. 

‘‘(2) Providing recommendations on how effective procedures and systems described in paragraph (1) may be disseminated and implemented on a national basis. 

‘‘(g) AUTHORIZED APPROACHES.—An eligible partnership that 

receives a grant or contract under this section may use the grant 

or contract funds to support the development and implementation 

of the following: 

‘‘(1) Approaches for the provision of instructional materials 

in specialized formats limited to instructional materials used 

in smaller categories of postsecondary courses, such as introductory, first-, and second-year courses. 

‘‘(2) Approaches supporting a unified search for instructional materials in specialized formats across multiple databases or lists of available materials. 

‘‘(3) Market-based approaches for making instructional 

materials in specialized formats directly available to eligible 

students at prices comparable to standard instructional materials. 

‘‘(h) REPORT.—Not later than three years after the date of 

the first grant or contract awarded under this section, the Secretary 

shall submit to the authorizing committees a report that includes— 

‘‘(1) the number of grants and contracts and the amount 

of funds distributed under this section; 

‘‘(2) a summary of the purposes for which the grants and 

contracts were provided and an evaluation of the progress 

made under such grants and contracts; 

‘‘(3) a summary of the activities implemented under subsection (f) and, as applicable, subsection (g), including data 

on the number of postsecondary students with print disabilities 


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served and the number of instructional material requests 

executed and delivered in specialized formats; and 

‘‘(4) an evaluation of the effectiveness of programs funded 

under this section. 

‘‘(i) MODEL EXPANSION.—The Secretary may, on the basis of 

the reports under subsection (h) and section 772(b)(2) and any 

evaluations of the projects funded under this section, expand the 

program under this section to additional grant or contract recipients 

that use other programmatic approaches and serve different 

geographic regions, if the Secretary finds that the models used 

under this section— 

‘‘(1) are effective in improving the timely delivery and 

quality of materials in specialized formats; and 

‘‘(2) provide adequate protections against copyright 

infringement. 

‘‘SEC. 774. RULE OF CONSTRUCTION. 

‘‘Nothing in this subpart shall be construed to limit or preempt 

any State law requiring the production or distribution of postsecondary instructional materials in accessible formats to students 

with disabilities. 

‘‘SEC. 775. AUTHORIZATION OF APPROPRIATIONS. 

‘‘(a) IN GENERAL.—There are authorized to be appropriated 

to carry out this subpart such sums as may be necessary for 

fiscal year 2009 and each of the five succeeding fiscal years. 

‘‘(b) PRIORITY.—For the first fiscal year for which funds are 

made available under this section, the Secretary shall give priority 

to allocating funding for the purposes of section 772. 

‘‘Subpart 4—National Technical Assistance 

Center; Coordinating Center 

‘‘SEC. 776. PURPOSE. 

‘‘It is the purpose of this subpart to provide technical assistance 

and information on best and promising practices to students with 

disabilities, the families of students with disabilities, and entities 

awarded grants, contracts, or cooperative agreements under subpart 

1, 2, or 3 to improve the postsecondary recruitment, transition, 

retention, and completion rates of students with disabilities. 

‘‘SEC. 777. NATIONAL TECHNICAL ASSISTANCE CENTER; COORDINATING CENTER. 

‘‘(a) NATIONAL CENTER.— 

‘‘(1) IN GENERAL.—From amounts appropriated under section 778, the Secretary shall award a grant to, or enter into 

a contract or cooperative agreement with, an eligible entity 

to provide for the establishment and support of a National 

Center for Information and Technical Support for Postsecondary 

Students with Disabilities (in this subsection referred to as 

the ‘National Center’). The National Center shall carry out 

the duties set forth in paragraph (4). 

‘‘(2) ADMINISTRATION.—The program under this section 

shall be administered by the office in the Department that 

administers other postsecondary education programs. 

‘‘(3) ELIGIBLE ENTITY.—In this subpart, the term ‘eligible 

entity’ means an institution of higher education, a nonprofit 

Grants. 

Contracts. 

20 USC 1140q. 

20 USC 1140p. 

20 USC 1140o. 

20 USC 1140n. 


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organization, or partnership of two or more such institutions 

or organizations, with demonstrated expertise in— 

‘‘(A) supporting students with disabilities in postsecondary education; 

‘‘(B) technical knowledge necessary for the dissemination of information in accessible formats; 

‘‘(C) working with diverse types of institutions of higher 

education, including community colleges; and 

‘‘(D) the subjects supported by the grants, contracts, 

or cooperative agreements authorized in subparts 1, 2, 

and 3. 

‘‘(4) DUTIES.—The duties of the National Center shall 

include the following: 

‘‘(A) ASSISTANCE TO STUDENTS AND FAMILIES.—The 

National Center shall provide information and technical 

assistance to students with disabilities and the families 

of students with disabilities to support students across 

the broad spectrum of disabilities, including— 

‘‘(i) information to assist individuals with disabilities who are prospective students of an institution 

of higher education in planning for postsecondary education while the students are in secondary school; 

‘‘(ii) information and technical assistance provided 

to individualized education program teams (as defined 

in section 614(d)(1) of the Individuals with Disabilities 

Education Act) for secondary school students with 

disabilities, and to early outreach and student services 

programs, including programs authorized under subparts 2, 4, and 5 of part A of title IV, to support 

students across a broad spectrum of disabilities with 

the successful transition to postsecondary education; 

‘‘(iii) research-based supports, services, and accommodations which are available in postsecondary settings, including services provided by other agencies 

such as vocational rehabilitation; 

‘‘(iv) information on student mentoring and networking opportunities for students with disabilities; 

and 

‘‘(v) effective recruitment and transition programs 

at postsecondary educational institutions. 

‘‘(B) ASSISTANCE TO INSTITUTIONS OF HIGHER EDUCATION.—The National Center shall provide information 

and technical assistance to faculty, staff, and administrators of institutions of higher education to improve the services provided to, the accommodations for, the retention 

rates of, and the completion rates of, students with disabilities in higher education settings, which may include— 

‘‘(i) collection and dissemination of best and promising practices and materials for accommodating and 

supporting students with disabilities, including practices and materials supported by the grants, contracts, 

or cooperative agreements authorized under subparts 

1, 2, and 3; 

‘‘(ii) development and provision of training modules 

for higher education faculty on exemplary practices 

for accommodating and supporting postsecondary students with disabilities across a range of academic 


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fields, which may include universal design for learning 

and practices supported by the grants, contracts, or 

cooperative agreements authorized under subparts 1, 

2, and 3; and 

‘‘(iii) development of technology-based tutorials for 

higher education faculty and staff, including new faculty and graduate students, on best and promising 

practices related to support and retention of students 

with disabilities in postsecondary education. 

‘‘(C) INFORMATION COLLECTION AND DISSEMINATION.— 

The National Center shall be responsible for building, 

maintaining, and updating a database of disability support 

services information with respect to institutions of higher 

education, or for expanding and updating an existing database of disabilities support services information with 

respect to institutions of higher education. Such database 

shall be available to the general public through a website 

built to high technical standards of accessibility practicable 

for the broad spectrum of individuals with disabilities. 

Such database and website shall include available information on— 

‘‘(i) disability documentation requirements; 

‘‘(ii) support services available; 

‘‘(iii) links to financial aid; 

‘‘(iv) accommodations policies; 

‘‘(v) accessible instructional materials; 

‘‘(vi) other topics relevant to students with disabilities; and 

‘‘(vii) the information in the report described in 

subparagraph (E). 

‘‘(D) DISABILITY SUPPORT SERVICES.—The National 

Center shall work with organizations and individuals with 

proven expertise related to disability support services for 

postsecondary students with disabilities to evaluate, 

improve, and disseminate information related to the 

delivery of high quality disability support services at 

institutions of higher education. 

‘‘(E) REVIEW AND REPORT.—Not later than three years 

after the establishment of the National Center, and every 

two years thereafter, the National Center shall prepare 

and disseminate a report to the Secretary and the authorizing committees analyzing the condition of postsecondary 

success for students with disabilities. Such report shall 

include— 

‘‘(i) a review of the activities and the effectiveness 

of the programs authorized under this part; 

‘‘(ii) annual enrollment and graduation rates of 

students with disabilities in institutions of higher education from publicly reported data; 

‘‘(iii) recommendations for effective postsecondary 

supports and services for students with disabilities, 

and how such supports and services may be widely 

implemented at institutions of higher education; 

‘‘(iv) recommendations on reducing barriers to full 

participation for students with disabilities in higher 

education; and 

Public 

information. 

Web site. 

Records. 


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‘‘(v) a description of strategies with a demonstrated 

record of effectiveness in improving the success of such 

students in postsecondary education. 

‘‘(F) STAFFING OF THE CENTER.—In hiring employees 

of the National Center, the National Center shall consider 

the expertise and experience of prospective employees in 

providing training and technical assistance to practitioners. 

‘‘(b) COORDINATING CENTER.— ‘‘(1) DEFINITION OF ELIGIBLE ENTITY.—In this subsection, 

the term ‘eligible entity’ means an entity, or a partnership 

of entities, that has demonstrated expertise in the fields of— 

‘‘(A) higher education; 

‘‘(B) the education of students with intellectual disabilities; 

‘‘(C) the development of comprehensive transition and 

postsecondary programs for students with intellectual 

disabilities; and 

‘‘(D) evaluation and technical assistance. 

‘‘(2) IN GENERAL.—From amounts appropriated under section 778, the Secretary shall enter into a cooperative agreement, 

on a competitive basis, with an eligible entity for the purpose 

of establishing a coordinating center for institutions of higher 

education that offer inclusive comprehensive transition and 

postsecondary programs for students with intellectual disabilities, including institutions participating in grants authorized 

under subpart 2, to provide— 

‘‘(A) recommendations related to the development of 

standards for such programs; 

‘‘(B) technical assistance for such programs; and 

‘‘(C) evaluations for such programs. 

‘‘(3) ADMINISTRATION.—The program under this subsection 

shall be administered by the office in the Department that 

administers other postsecondary education programs. 

‘‘(4) DURATION.—The Secretary shall enter into a cooperative agreement under this subsection for a period of five years. 

‘‘(5) REQUIREMENTS OF COOPERATIVE AGREEMENT.—The 

eligible entity entering into a cooperative agreement under 

this subsection shall establish and maintain a coordinating 

center that shall— 

‘‘(A) serve as the technical assistance entity for all 

comprehensive transition and postsecondary programs for 

students with intellectual disabilities; 

‘‘(B) provide technical assistance regarding the development, evaluation, and continuous improvement of such programs; 

‘‘(C) develop an evaluation protocol for such programs 

that includes qualitative and quantitative methodologies 

for measuring student outcomes and program strengths 

in the areas of academic enrichment, socialization, independent living, and competitive or supported employment; 

‘‘(D) assist recipients of grants under subpart 2 in 

efforts to award a meaningful credential to students with 

intellectual disabilities upon the completion of such programs, which credential shall take into consideration 

unique State factors; 

‘‘(E) develop recommendations for the necessary components of such programs, such as— 

Contracts. 

Contracts. 


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‘‘(i) academic, vocational, social, and independent 

living skills; 

‘‘(ii) evaluation of student progress; 

‘‘(iii) program administration and evaluation; 

‘‘(iv) student eligibility; and 

‘‘(v) issues regarding the equivalency of a student’s 

participation in such programs to semester, trimester, 

quarter, credit, or clock hours at an institution of 

higher education, as the case may be; 

‘‘(F) analyze possible funding streams for such programs and provide recommendations regarding the funding 

streams; 

‘‘(G) develop model memoranda of agreement for use 

between or among institutions of higher education and 

State and local agencies providing funding for such programs; 

‘‘(H) develop mechanisms for regular communication, 

outreach and dissemination of information about comprehensive transition and postsecondary programs for students with intellectual disabilities under subpart 2 between 

or among such programs and to families and prospective 

students; 

‘‘(I) host a meeting of all recipients of grants under 

subpart 2 not less often than once each year; and 

‘‘(J) convene a workgroup to develop and recommend 

model criteria, standards, and components of such programs as described in subparagraph (E), that are appropriate for the development of accreditation standards, 

which workgroup shall include— 

‘‘(i) an expert in higher education; 

‘‘(ii) an expert in special education; 

‘‘(iii) a disability organization that represents students with intellectual disabilities; 

‘‘(iv) a representative from the National Advisory 

Committee on Institutional Quality and Integrity; and 

‘‘(v) a representative of a regional or national 

accreditation agency or association. 

‘‘(6) REPORT.—Not later than five years after the date of 

the establishment of the coordinating center under this subsection, the coordinating center shall report to the Secretary, 

the authorizing committees, and the National Advisory Committee on Institutional Quality and Integrity on the recommendations of the workgroup described in paragraph (5)(J). 

‘‘SEC. 778. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated to carry out this 

subpart such sums as may be necessary for fiscal year 2009 and 

each of the five succeeding fiscal years.’’. 

SEC. 710. SUBGRANTS TO NONPROFIT ORGANIZATIONS. 

Section 781 (as redesignated by section 709(1)) (20 U.S.C. 1141) 

is amended— 

(1) in subsection (a), by striking the second sentence and 

inserting the following: ‘‘In addition to the amount authorized 

and appropriated under the preceding sentence, there are 

authorized to be appropriated to carry out this section such 

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

the five succeeding fiscal years.’’; 

20 USC 1140r. 


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(2) in subsection (b)(1), by inserting ‘‘, subject to the availability of appropriations,’’ after ‘‘the Secretary shall’’; and 

(3) in subsection (e), by inserting after ‘‘of this Act)’’ the 

following: ‘‘, or those nonprofit organizations that have agreements with the Secretary under section 435(j)’’. 

TITLE VIII—ADDITIONAL PROGRAMS 

SEC. 801. ADDITIONAL PROGRAMS. 

The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) 

is further amended by adding at the end the following new title: 

‘‘TITLE VIII—ADDITIONAL PROGRAMS 

‘‘PART A—PROJECT GRAD 

‘‘SEC. 801. PROJECT GRAD. 

‘‘(a) PURPOSES.—The purposes of this section are— 

‘‘(1) to provide support and assistance to programs implementing integrated education reform services in order to 

improve secondary school graduation, postsecondary program 

attendance, and postsecondary completion rates for low-income 

students; and 

‘‘(2) to promote the establishment of new programs to implement such integrated education reform services. 

‘‘(b) DEFINITIONS.—In this section: 

‘‘(1) LOW-INCOME STUDENT.—The term ‘low-income student’ 

means a student who is determined by a local educational 

agency to be from a low-income family using the measures 

described in section 1113(a)(5) of the Elementary and Secondary 

Education Act of 1965. 

‘‘(2) FEEDER PATTERN.—The term ‘feeder pattern’ means 

a secondary school and the elementary schools and middle 

schools that channel students into that secondary school. 

‘‘(c) CONTRACT AUTHORIZED.—From the amount appropriated 

to carry out this section, the Secretary is authorized to award 

a five-year contract to Project GRAD USA (referred to in this 

section as the ‘contractor’), a nonprofit education organization that 

has as its primary purpose the improvement of secondary school 

graduation and postsecondary attendance and completion rates for 

low-income students. Such contract shall be used to carry out the 

requirements of subsection (d) and to implement and sustain 

integrated education reform services through subcontractor activities described in subsection (e)(3) at existing Project GRAD program 

sites and to promote the expansion to new sites. 

‘‘(d) REQUIREMENTS OF CONTRACT.—The Secretary shall enter 

into an agreement with the contractor that requires that the contractor shall— 

‘‘(1) enter into subcontracts with nonprofit educational 

organizations that serve a substantial number or percentage 

of low-income students (referred to in this subsection as ‘subcontractors’), under which the subcontractors agree to implement the Project GRAD programs described in subsection (e) 

and provide matching funds for such programs; 

‘‘(2) directly carry out— 

20 USC 1161a. 


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‘‘(A) activities to implement and sustain the literacy, 

mathematics, classroom management, social service, and 

postsecondary access programs further described in subsection (e)(3); 

‘‘(B) activities to build the organizational and management capacity of the subcontractors to effectively implement and sustain the programs; 

‘‘(C) activities for the purpose of improving and 

expanding the programs, including activities— 

‘‘(i) to further articulate a program for one or more 

grade levels and across grade levels; 

‘‘(ii) to tailor a program for a particular target 

audience; and 

‘‘(iii) to provide tighter integration across programs; 

‘‘(D) activities for the purpose of implementing new 

Project GRAD program sites; 

‘‘(E) activities for the purpose of promoting greater 

public awareness of integrated education reform services 

to improve secondary school graduation and postsecondary 

attendance rates for low-income students; and 

‘‘(F) other activities directly related to improving secondary school graduation and postsecondary attendance 

and completion rates for low-income students; and 

‘‘(3) use contract funds available under this section to pay— 

‘‘(A) the amount determined under subsection (f); and 

‘‘(B) costs associated with carrying out the activities 

and providing the services, as provided in paragraph (2) 

of this subsection. 

‘‘(e) SUPPORTED PROGRAMS.— 

‘‘(1) DESIGNATION.—The subcontractor programs referred 

to in this subsection shall be known as Project GRAD programs. 

‘‘(2) FEEDER PATTERNS.—Each subcontractor shall implement a Project GRAD program and shall, with the agreement 

of the contractor— 

‘‘(A) identify or establish not less than one feeder pattern of public schools; and 

‘‘(B) provide the integrated educational reform services 

described in paragraph (3) at each identified feeder pattern. 

‘‘(3) INTEGRATED EDUCATION REFORM SERVICES.—The services provided through a Project GRAD program may include— 

‘‘(A) research-based programs in reading, mathematics, 

and classroom management; 

‘‘(B) campus-based social services programs, including 

a systematic approach to increase family and community 

involvement in the schools served by the Project GRAD 

program; 

‘‘(C) a postsecondary access program that includes— 

‘‘(i) providing postsecondary scholarships for students who meet established criteria; 

‘‘(ii) proven approaches for increasing student and 

family postsecondary awareness; and 

‘‘(iii) assistance for students in applying for higher 

education financial aid; and 

‘‘(D) such other services identified by the contractor 

as necessary to increase secondary school graduation and 

postsecondary attendance and completion rates. 


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‘‘(f) USE OF FUNDS.—Of the funds made available to carry 

out this section, not more than five percent of such funds, or 

$4,000,000, whichever is less, shall be used by the contractor to 

pay for administration of the contract. 

‘‘(g) CONTRIBUTION AND MATCHING REQUIREMENT.— ‘‘(1) IN GENERAL.—The contractor shall provide to each subcontractor an average of $200 for each student served by 

the subcontractor in the Project GRAD program, adjusted to 

take into consideration— 

‘‘(A) the resources or funds available in the area where 

the subcontractor will implement the Project GRAD program; and 

‘‘(B) the need for the Project GRAD program in such 

area to improve student outcomes, including reading and 

mathematics achievement, secondary school graduation, 

and postsecondary attendance and completion rates. 

‘‘(2) MATCHING REQUIREMENT.—Each subcontractor shall 

provide funds for the Project GRAD program in an amount 

that is equal to the amount received by the subcontractor 

from the contractor. Such matching funds may be provided 

in cash or in kind, fairly evaluated. 

‘‘(3) WAIVER AUTHORITY.—The contractor may waive, in 

whole or in part, the requirement of paragraph (2) for a subcontractor, if the subcontractor— 

‘‘(A) demonstrates that the subcontractor would not 

otherwise be able to participate in the program; and 

‘‘(B) enters into an agreement with the contractor with 

respect to the amount to which the waiver will apply. 

‘‘(h) EVALUATION.— 

‘‘(1) EVALUATION BY THE SECRETARY.—The Secretary shall 

select an independent entity to evaluate, every three years, 

the performance of students who participate in a Project GRAD 

program under this section. The evaluation shall— 

‘‘(A) be conducted using a rigorous research design 

for determining the effectiveness of the Project GRAD programs funded under this section; and 

‘‘(B) compare reading and mathematics achievement, 

secondary school graduation, and postsecondary attendance 

and completion rates of students who participate in a 

Project GRAD program funded under this section with 

those indicators for students of similar backgrounds who 

do not participate in such program. 

‘‘(2) EVALUATION BY CONTRACTOR AND SUBCONTRACTORS.— 

The contractor shall require each subcontractor to prepare an 

in-depth report of the results and the use of funds of each 

Project GRAD program funded under this section that 

includes— 

‘‘(A) data on the reading and mathematics achievement 

of students involved in the Project GRAD program; 

‘‘(B) data on secondary school graduation and postsecondary attendance and completion rates; and 

‘‘(C) such financial reporting as required by the Secretary to review the effectiveness and efficiency of the 

program. 

‘‘(3) AVAILABILITY OF EVALUATIONS.—Copies of any evaluation or report prepared under this subsection shall be made 

available to— 

Reports. 

Deadline. 


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‘‘(A) the Secretary; and 

‘‘(B) the authorizing committees. 

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

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

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

fiscal years. 

‘‘PART B—MATHEMATICS AND SCIENCE 

SCHOLARS PROGRAM 

‘‘SEC. 802. MATHEMATICS AND SCIENCE SCHOLARS PROGRAM. 

‘‘(a) PROGRAM AUTHORIZED.—From the amounts appropriated 

under subsection (f), the Secretary is authorized to award grants 

to States, on a competitive basis, to enable the States to encourage 

students to pursue a rigorous course of study, beginning in secondary school and continuing through the students’ postsecondary 

education, in science, technology, engineering, mathematics, or a 

health-related field. 

‘‘(b) APPLICATIONS.— 

‘‘(1) IN GENERAL.—A State that desires a grant under this 

section shall submit an application to the Secretary at such 

time, in such manner, and containing such information as 

the Secretary may require. A State may submit an application 

to receive a grant under subsection (c) or (d), or both. 

‘‘(2) CONTENTS OF APPLICATION.—Each application shall 

include a description of— 

‘‘(A) the program or programs for which the State 

is applying; 

‘‘(B) if applicable, the priority set by the Governor 

pursuant to subsection (c)(4) or (d)(3); and 

‘‘(C) how the State will meet the requirements of subsection (e). 

‘‘(c) MATHEMATICS AND SCIENCE SCHOLARS PROGRAM.— 

‘‘(1) GRANT FOR SCHOLARSHIPS.—The Secretary shall award 

grants under this subsection to provide scholarship support 

to eligible students. 

‘‘(2) ELIGIBLE STUDENTS.—A student is eligible for a scholarship under this subsection if the student— 

‘‘(A) meets the requirements of section 484(a); 

‘‘(B) is a full-time student in the student’s first year 

of undergraduate study; and 

‘‘(C) has completed a rigorous secondary school curriculum in mathematics and science. 

‘‘(3) RIGOROUS CURRICULUM.—Each participating State 

shall determine the requirements for a rigorous secondary 

school curriculum in mathematics and science described in 

paragraph (2)(C). 

‘‘(4) PRIORITY FOR SCHOLARSHIPS.—The Governor of a State 

may set a priority for awarding scholarships under this subsection for particular eligible students, such as students 

attending schools in high-need local educational agencies (as 

defined in section 200), students who are from groups underrepresented in the fields of mathematics, science, and engineering, 

students served by local educational agencies that do not meet 

or exceed State standards in mathematics and science, or other 

high-need students. 

Grants. 

20 USC 1161b. 


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‘‘(5) AMOUNT AND DURATION OF SCHOLARSHIP.—The Secretary shall award a grant under this subsection to provide 

scholarships— ‘‘(A) in an amount that does not exceed $5,000 per 

student; and 

‘‘(B) for not more than one year of undergraduate study. 

‘‘(d) STEM OR HEALTH-RELATED SCHOLARS PROGRAM.— ‘‘(1) GRANT FOR SCHOLARSHIPS.—The Secretary shall award 

grants under this subsection to provide scholarship support 

to eligible students. 

‘‘(2) ELIGIBLE STUDENTS.—A student is eligible for scholarship under this subsection if the student— 

‘‘(A) meets the requirements of section 484(a); 

‘‘(B) is a full-time student who has completed at least 

the first year of undergraduate study; 

‘‘(C) is enrolled in a program of undergraduate instruction leading to a bachelor’s degree with a major in science, 

technology, engineering, mathematics, or a health-related 

field; and 

‘‘(D) has obtained a cumulative grade point average 

of at least a 3.0 (or the equivalent as determined under 

regulation prescribed by the Secretary) at the end of the 

most recently completed term. 

‘‘(3) PRIORITY FOR SCHOLARSHIPS.—The Governor of a State 

may set a priority for awarding scholarships under this subsection for students agreeing to work in areas of science, technology, engineering, mathematics, or health-related fields. 

‘‘(4) AMOUNT AND DURATION OF SCHOLARSHIP.—The Secretary shall award a grant under this subsection to provide 

scholarships— 

‘‘(A) in an amount that does not exceed $5,000 per 

student for an academic year; and 

‘‘(B) in an aggregate amount that does not exceed 

$20,000 per student. 

‘‘(e) MATCHING REQUIREMENT.—In order to receive a grant 

under this section, a State shall provide matching funds for the 

scholarships awarded under this section in an amount equal to 

50 percent of the Federal funds received. 

‘‘(f) AUTHORIZATION.—There are authorized to be appropriated 

to carry out this section such sums as may be necessary for fiscal 

year 2009 and each of the five succeeding fiscal years. 

‘‘(g) DEFINITION.—The term ‘Governor’ means the chief executive officer of a State. 

‘‘PART C—BUSINESS WORKFORCE PARTNERSHIPS FOR JOB SKILL TRAINING IN HIGHGROWTH OCCUPATIONS OR INDUSTRIES 

‘‘SEC. 803. BUSINESS WORKFORCE PARTNERSHIPS FOR JOB SKILL 

TRAINING IN HIGH-GROWTH OCCUPATIONS OR INDUSTRIES. 

‘‘(a) PURPOSE.—The purpose of this section is to provide grants 

to institutions of higher education partnering with employers to— 

‘‘(1) provide relevant job skill training in high-growth and 

high-wage industries or occupations to nontraditional students; 

and 

Grants. 

20 USC 1161c. 


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‘‘(2) strengthen ties between degree credit offerings at 

institutions of higher education and business and industry 

workforce needs. 

‘‘(b) AUTHORIZATION.— ‘‘(1) IN GENERAL.—From the amounts appropriated under 

subsection (k), the Secretary shall award grants, on a competitive basis, to eligible partnerships for the purpose provided 

in subsection (a). 

‘‘(2) DURATION.—The Secretary shall award grants under 

this section for a period of not less than 36 months and not 

more than 60 months. 

‘‘(3) SUPPLEMENT, NOT SUPPLANT.—Funds made available 

under this section shall be used to supplement, and not supplant, other Federal, State, and local funds available to the 

eligible partnership for carrying out the activities described 

in subsection (c). 

‘‘(c) USE OF FUNDS.—In consultation with all of the members 

of an eligible partnership, grant funds provided under this section 

may be used to— 

‘‘(1) expand or create for-credit academic programs or programs of training that provide relevant job skill training for 

high-growth and high-wage occupations or industries, including 

offerings connected to registered apprenticeship programs and 

entrepreneurial training opportunities; 

‘‘(2) in consultation with faculty in the appropriate departments of an institution of higher education, adapt college 

offerings to the schedules and needs of working students, such 

as the creation of evening, weekend, modular, compressed, or 

distance learning formats; 

‘‘(3) purchase equipment that will facilitate the development of academic programs or programs of training that provide 

training for high-growth and high-wage occupations or industries; 

‘‘(4) strengthen outreach efforts that enable students, 

including students with limited English proficiency, to attend 

institutions of higher education with academic programs or 

programs of training focused on high-growth and high-wage 

occupations or industries; 

‘‘(5) expand worksite learning and training opportunities, 

including registered apprenticeships as appropriate; and 

‘‘(6) support other activities the Secretary determines to 

be consistent with the purpose of this section. 

‘‘(d) APPLICATION.— 

‘‘(1) IN GENERAL.—Each eligible partnership that desires 

a grant under this section shall submit an application to the 

Secretary at such time, in such manner, and accompanied 

by such additional information as the Secretary may require. 

‘‘(2) CONTENTS.—Each application submitted under paragraph (1) shall include a description of— 

‘‘(A) how the eligible partnership, through the institution of higher education, will provide relevant job skill 

training for students to enter high-growth and high-wage 

occupations or industries; and 

‘‘(B) how the eligible partnership has consulted with 

employers and, where applicable, labor organizations to 

identify local high-growth and high-wage occupations or 

industries. 


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‘‘(e) AWARD BASIS.—In awarding grants under this section, the 

Secretary shall— 

‘‘(1) give priority to applications focused on serving nontraditional students; 

‘‘(2) ensure an equitable distribution of grant funds under 

this section among urban and rural areas of the United States; 

and 

‘‘(3) take into consideration the capability of an institution 

of higher education that is participating in an eligible partnership to— 

‘‘(A) offer one- or two-year high-quality programs of 

instruction and job skill training for students entering a 

high-growth and high-wage occupation or industry; 

‘‘(B) involve the local business community, and to place 

graduates in employment in high-growth and high-wage 

occupations or industries in the community; and 

‘‘(C) serve adult workers or displaced workers. 

‘‘(f) ADMINISTRATIVE COSTS.—A grantee under this section may 

use not more than five percent of the grant amount to pay administrative costs associated with activities funded by the grant. 

‘‘(g) TECHNICAL ASSISTANCE.—The Secretary shall provide technical assistance to grantees under this section throughout the grant 

period. 

‘‘(h) EVALUATION.—The Secretary shall conduct an evaluation 

of the effectiveness of the program under this section based on 

performance standards developed in consultation with the Department of Labor, and shall disseminate to the public the findings 

of such evaluation and information related to promising practices 

developed under this section. 

‘‘(i) REPORT TO CONGRESS.—Not later than 36 months after 

the first grant is awarded under this section, the Comptroller General shall report to the authorizing committees recommendations— 

‘‘(1) for changes to this Act and related Acts, such as 

the Carl D. Perkins Career and Technical Education Act of 

2006 and the Workforce Investment Act of 1998 (including 

titles I and II), to help create and sustain business and industry 

workforce partnerships at institutions of higher education; and 

‘‘(2) for other changes to this Act and related Acts to 

otherwise strengthen the links between business and industry 

workforce needs, workforce development programs, and other 

degree credit offerings at institutions of higher education. 

‘‘(j) DEFINITIONS.—In this section: 

‘‘(1) ELIGIBLE PARTNERSHIP.— 

‘‘(A) IN GENERAL.—The term ‘eligible partnership’ 

means a partnership that includes— 

‘‘(i) one or more institutions of higher education, 

one of which serves as the fiscal agent and grant 

recipient for the eligible partnership; 

‘‘(ii) except as provided in subparagraph (B), an 

employer, group of employers, local board (as such 

term is defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)), or workforce intermediary, or any combination thereof; and 

‘‘(iii) where applicable, one or more labor organizations that represent workers locally in the businesses 

or industries that are the focus of the partnership, 

Public 

information. 


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including as a result of such an organization’s representation of employees at a worksite at which the partnership proposes to conduct activities under this section. 

‘‘(B) STATE AND LOCAL BOARDS.—Notwithstanding 

subparagraph (A), if an institution of higher education 

that is participating in an eligible partnership under this 

section is located in a State that does not operate local 

boards, an eligible partnership may include a State board 

(as such term is defined in section 101 of the Workforce 

Investment Act of 1998 (29 U.S.C. 2801)). 

‘‘(C) RULE OF CONSTRUCTION.—Nothing in this subsection shall be construed to prohibit an eligible partnership that is in existence on the date of enactment of the 

Higher Education Opportunity Act from applying for a 

grant under this section. 

‘‘(2) NONTRADITIONAL STUDENT.—The term ‘nontraditional 

student’ means a student— 

‘‘(A) who is an independent student, as defined in 

section 480(d); 

‘‘(B) who attends an institution of higher education— 

‘‘(i) on less than a full-time basis; 

‘‘(ii) via evening, weekend, modular, or compressed 

courses; or 

‘‘(iii) via distance education methods; and 

‘‘(C) who— 

‘‘(i) enrolled for the first time in an institution 

of higher education three or more years after completing high school; or 

‘‘(ii) works full-time. 

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

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

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

fiscal years. 

‘‘PART D—CAPACITY FOR NURSING STUDENTS 

AND FACULTY 

‘‘SEC. 804. CAPACITY FOR NURSING STUDENTS AND FACULTY. 

‘‘(a) AUTHORIZATION.—From the amounts appropriated under 

subsection (f), the Secretary shall award grants to institutions of 

higher education that offer— 

‘‘(1) an accredited registered nursing program at the baccalaureate or associate degree level to enable such program to 

expand the faculty and facilities of such program to accommodate additional students in such program; or 

‘‘(2) an accredited graduate-level nursing program to 

accommodate advanced practice degrees for registered nurses 

or to accommodate students enrolled in such program to become 

teachers of nursing students. 

‘‘(b) DETERMINATION OF NUMBER OF STUDENTS AND APPLICA- TION.—Each institution of higher education that offers a program 

described in subsection (a) that desires to receive a grant under 

this section shall— 

‘‘(1) determine, for the four academic years preceding the 

academic year for which the determination is made, the average 

number of matriculated nursing program students, in each 

of the institution’s accredited associate, baccalaureate, or 

Grants. 

20 USC 1161d. 


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advanced nursing degree programs at such institution for such 

academic years; 

‘‘(2) submit an application to the Secretary at such time, 

in such manner, and accompanied by such information as the 

Secretary may require, including the average number in each 

of the institution’s accredited nursing programs determined 

under paragraph (1); and 

‘‘(3) with respect to the partnerships described in subsection 

(c)(2)(B), provide assurances that— 

‘‘(A) the individuals enrolled in the program will— 

‘‘(i) be registered nurses in pursuit of a master’s 

or doctoral degree in nursing; and 

‘‘(ii) have a contractual obligation with the hospital 

or health facility that is in partnership with the institution of higher education; 

‘‘(B) the hospital or health facility of employment will 

be the clinical site for the accredited school of nursing 

program, if the program requires a clinical site; 

‘‘(C) individuals enrolled in the program will— 

‘‘(i) maintain their employment on at least a parttime basis with the hospital or health facility that 

allowed them to participate in the program; and 

‘‘(ii) receive an income from the hospital or health 

facility, as at least a part-time employee, and release 

times or flexible schedules, to accommodate their program requirements, as necessary; and 

‘‘(D) upon completion of the program, recipients of 

scholarships described in subsection (c)(2)(B)(ii)(III) will 

be required to teach for two years in an accredited school 

of nursing for each year of support the individual received 

under this section. 

‘‘(c) GRANT AMOUNT; AWARD BASIS.— 

‘‘(1) GRANT AMOUNT.—For each academic year after academic year 2009–2010, the Secretary is authorized to provide 

to each institution of higher education awarded a grant under 

this section an amount that is equal to $3,000 multiplied by 

the number by which— 

‘‘(A) the number of matriculated nursing program students at such institution for such academic year, exceeds 

‘‘(B) the average number determined with respect to 

such institution under subsection (b)(1). 

‘‘(2) DISTRIBUTION OF GRANTS AMONG DIFFERENT DEGREE

PROGRAMS.— 

‘‘(A) IN GENERAL.—Subject to subparagraph (D), from 

the funds available to award grants under this section 

for each fiscal year, the Secretary shall— 

‘‘(i) use 20 percent of such funds to award grants 

under this section to institutions of higher education 

for the purpose of accommodating advanced practice 

degrees or students in accredited graduate-level 

nursing programs; 

‘‘(ii) use 40 percent of such funds to award grants 

under this section to institutions of higher education 

for the purpose of expanding accredited registered 

nurse programs at the baccalaureate degree level; and 

‘‘(iii) use 40 percent of such funds to award grants 

under this section to institutions of higher education 


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for the purpose of expanding accredited registered 

nurse programs at the associate degree level. 

‘‘(B) OPTIONAL USES OF FUNDS.—Grants awarded under 

this section may be used to support partnerships with 

hospitals or health facilities to— 

‘‘(i) improve the alignment between nursing education and the emerging challenges of health care 

delivery by— 

‘‘(I) the purchase of distance learning technologies and expanding methods of delivery of 

instruction to include alternatives to onsite 

learning; and 

‘‘(II) the collection, analysis, and dissemination 

of data on educational outcomes and best practices 

identified through the activities described in this 

section; and 

‘‘(ii) ensure that students can earn a salary while 

obtaining an advanced degree in nursing with the goal 

of becoming nurse faculty by— 

‘‘(I) funding release time for qualified nurses 

enrolled in the graduate nursing program; 

‘‘(II) providing for faculty salaries; or 

‘‘(III) providing scholarships to qualified 

nurses in pursuit of an advanced degree with the 

goal of becoming faculty members in an accredited 

nursing program. 

‘‘(C) CONSIDERATIONS IN MAKING AWARDS.—In 

awarding grants under this section, the Secretary shall 

consider the following: 

‘‘(i) GEOGRAPHIC DISTRIBUTION.—Providing an 

equitable geographic distribution of such grants. 

‘‘(ii) URBAN AND RURAL AREAS.—Distributing such 

grants to urban and rural areas. 

‘‘(iii) RANGE AND TYPE OF INSTITUTION.—Ensuring 

that the activities to be assisted are developed for 

a range of types and sizes of institutions of higher 

education, including institutions providing alternative 

methods of delivery of instruction in addition to onsite learning. 

‘‘(D) DISTRIBUTION OF EXCESS FUNDS.—If, for a fiscal 

year, funds described in clause (i), (ii), or (iii) of subparagraph (A) remain available after the Secretary awards 

grants under this section to all applicants for the particular 

category of accredited nursing programs described in such 

clause, the Secretary shall use equal amounts of the 

remaining funds to award grants under this section to 

applicants that applied under the other categories of 

nursing programs. 

‘‘(E) LIMITATION.—Of the amount appropriated to carry 

out this section, the Secretary may award not more than 

ten percent of such amount for the optional purposes under 

subparagraph (B). 

‘‘(d) DEFINITION.—For purposes of this section: 

‘‘(1) HEALTH FACILITY.—The term ‘health facility’ means 

an Indian health service center, a Native Hawaiian health 

center, a hospital, a federally qualified health center, a rural 

health clinic, a nursing home, a home health agency, a hospice 


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program, a public health clinic, a State or local department 

of public health, a skilled nursing facility, or an ambulatory 

surgical center. 

‘‘(2) ACCREDITED.—The terms ‘accredited school of nursing’ 

and ‘accredited nursing program’ have the meaning given those 

terms in section 801 of the Public Health Service Act (42 

U.S.C. 296). 

‘‘(e) PROHIBITION.— 

‘‘(1) IN GENERAL.—Funds provided under this section may 

not be used for the construction of new facilities. 

‘‘(2) RULE OF CONSTRUCTION.—Nothing in paragraph (1) 

shall be construed to prohibit funds provided under this section 

from being used for the repair or renovation of facilities. 

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

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

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

fiscal years. 

‘‘PART E—AMERICAN HISTORY FOR FREEDOM 

‘‘SEC. 805. AMERICAN HISTORY FOR FREEDOM. 

‘‘(a) GRANTS AUTHORIZED.—From the amounts appropriated 

under subsection (f), the Secretary is authorized to award threeyear grants, on a competitive basis, to eligible institutions to establish or strengthen postsecondary academic programs or centers 

that promote and impart knowledge of— 

‘‘(1) traditional American history; 

‘‘(2) the history and nature of, and threats to, free institutions; or 

‘‘(3) the history and achievements of Western civilization. 

‘‘(b) DEFINITIONS.—In this section: 

‘‘(1) ELIGIBLE INSTITUTION.—The term ‘eligible institution’ 

means an institution of higher education as defined in section 

101. 

‘‘(2) FREE INSTITUTION.—The term ‘free institution’ means 

an institution that emerged out of Western civilization, such 

as democracy, constitutional government, individual rights, 

market economics, religious freedom and religious tolerance, 

and freedom of thought and inquiry. 

‘‘(3) TRADITIONAL AMERICAN HISTORY.—The term ‘traditional American history’ means— 

‘‘(A) the significant constitutional, political, intellectual, 

economic, and foreign policy trends and issues that have 

shaped the course of American history; and 

‘‘(B) the key episodes, turning points, and leading figures involved in the constitutional, political, intellectual, 

diplomatic, and economic history of the United States. 

‘‘(c) APPLICATION.— 

‘‘(1) IN GENERAL.—Each eligible institution that desires 

a grant under this section shall submit an application to the 

Secretary at such time, in such manner, and containing such 

information as the Secretary may reasonably require. 

‘‘(2) CONTENTS.—Each application submitted under paragraph (1) shall include a description of— 

‘‘(A) how funds made available under this section will 

be used for the activities set forth under subsection (e), 

including how such activities will increase knowledge with 

Grants. 

20 USC 1161e. 


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respect to traditional American history, free institutions, 

or Western civilization; 

‘‘(B) how the eligible institution will ensure that 

information about the activities funded under this section 

is widely disseminated pursuant to subsection (e)(1)(B); 

‘‘(C) any activities to be undertaken pursuant to subsection (e)(2)(A), including identification of entities 

intended to participate; 

‘‘(D) how funds made available under this section shall 

be used to supplement and not supplant non-Federal funds 

available for the activities described in subsection (e); and 

‘‘(E) such fiscal controls and accounting procedures as 

may be necessary to ensure proper disbursement of and 

accounting for funding made available to the eligible 

institution under this section. 

‘‘(d) AWARD BASIS.—In awarding grants under this section, 

the Secretary shall take into consideration the capability of the 

eligible institution to— 

‘‘(1) increase access to quality programming that expands 

knowledge of traditional American history, free institutions, 

or Western civilization; 

‘‘(2) involve personnel with strong expertise in traditional 

American history, free institutions, or Western civilization; and 

‘‘(3) sustain the activities funded under this section after 

the grant has expired. 

‘‘(e) USE OF FUNDS.— 

‘‘(1) REQUIRED USE OF FUNDS.—Funds provided under this 

section shall be used to— 

‘‘(A) establish or strengthen academic programs or centers focused on traditional American history, free institutions, or Western civilization, which may include— 

‘‘(i) design and implementation of programs of 

study, courses, lecture series, seminars, and symposia; 

‘‘(ii) development, publication, and dissemination 

of instructional materials; 

‘‘(iii) research; 

‘‘(iv) support for faculty teaching in undergraduate 

and, if applicable, graduate programs; 

‘‘(v) support for graduate and postgraduate fellowships, if applicable; or 

‘‘(vi) teacher preparation initiatives that stress content mastery regarding traditional American history, 

free institutions, or Western civilization; and 

‘‘(B) conduct outreach activities to ensure that information about the activities funded under this section is widely 

disseminated— 

‘‘(i) to undergraduate students (including students 

enrolled in teacher education programs, if applicable); 

‘‘(ii) to graduate students (including students 

enrolled in teacher education programs, if applicable); 

‘‘(iii) to faculty; 

‘‘(iv) to local educational agencies; and 

‘‘(v) within the local community. 

‘‘(2) ALLOWABLE USES OF FUNDS.—Funds provided under 

this section may be used to support— 

‘‘(A) collaboration with entities such as— 


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‘‘(i) local educational agencies, for the purpose of 

providing elementary and secondary school teachers 

an opportunity to enhance their knowledge of traditional American history, free institutions, or Western 

civilization; and 

‘‘(ii) nonprofit organizations whose mission is consistent with the purpose of this section, such as academic organizations, museums, and libraries, for 

assistance in carrying out activities described under 

subsection (a); and 

‘‘(B) other activities that meet the purposes of this 

section. 

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

carrying out this section, there are authorized to be appropriated 

such sums as may be necessary for fiscal year 2009 and each 

of the five succeeding fiscal years. 

‘‘PART F—TEACH FOR AMERICA 

‘‘SEC. 806. TEACH FOR AMERICA. 

‘‘(a) DEFINITIONS.—For purposes of this section: 

‘‘(1) GRANTEE.—The term ‘grantee’ means Teach For 

America, Inc. 

‘‘(2) HIGHLY QUALIFIED.—The term ‘highly qualified’ has 

the meaning given the term in section 9101 of the Elementary 

and Secondary Education Act of 1965 or section 602 of the 

Individuals with Disabilities Education Act. 

‘‘(3) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term 

‘high-need local educational agency’ has the meaning given 

such term in section 200. 

‘‘(b) GRANTS AUTHORIZED.—From the amounts appropriated 

under subsection (f), the Secretary is authorized to award a fiveyear grant to Teach For America, Inc., the national teacher corps 

of outstanding recent college graduates who commit to teach for 

two years in underserved communities in the United States, to 

implement and expand its program of recruiting, selecting, training, 

and supporting new teachers. 

‘‘(c) REQUIREMENTS.—In carrying out the grant program under 

subsection (b), the Secretary shall enter into an agreement with 

the grantee under which the grantee agrees to use the grant funds 

provided under this section to— 

‘‘(1) provide highly qualified teachers to high-need local 

educational agencies in urban and rural communities; 

‘‘(2) pay the costs of recruiting, selecting, training, and 

supporting new teachers; and 

‘‘(3) serve a substantial number and percentage of underserved students. 

‘‘(d) AUTHORIZED ACTIVITIES.— 

‘‘(1) IN GENERAL.—Grant funds provided under this section 

shall be used by the grantee to carry out each of the following 

activities: 

‘‘(A) Recruiting and selecting teachers through a highly 

selective national process. 

‘‘(B) Providing preservice training to such teachers 

through a rigorous summer institute that includes handson teaching experience and significant exposure to education coursework and theory. 

Contracts. 

Grants. 

20 USC 1161f. 


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‘‘(C) Placing such teachers in schools and positions 

designated by high-need local educational agencies as highneed placements serving underserved students. 

‘‘(D) Providing ongoing professional development activities for such teachers’ first two years in the classroom, 

including regular classroom observations and feedback, and 

ongoing training and support. 

‘‘(2) LIMITATION.—The grantee shall use all grant funds 

received under this section to support activities related directly 

to the recruitment, selection, training, and support of teachers 

as described in subsection (b), except that funds may be used 

for non-programmatic costs in accordance with subsection (f)(2). 

‘‘(e) REPORTS AND EVALUATIONS.— 

‘‘(1) ANNUAL REPORT.—The grantee shall provide to the 

Secretary an annual report that includes— 

‘‘(A) data on the number and quality of the teachers 

provided to local educational agencies through a grant 

under this section; 

‘‘(B) an externally conducted analysis of the satisfaction 

of local educational agencies and principals with the 

teachers so provided; and 

‘‘(C) comprehensive data on the background of the 

teachers chosen, the training such teachers received, the 

placement sites of such teachers, the professional development of such teachers, and the retention of such teachers. 

‘‘(2) STUDY.— 

‘‘(A) IN GENERAL.—From funds appropriated under subsection (f), the Secretary shall provide for a study that 

examines the achievement levels of the students taught 

by the teachers assisted under this section. 

‘‘(B) STUDENT ACHIEVEMENT GAINS COMPARED.—The 

study shall compare, within the same schools, the achievement gains made by students taught by teachers who are 

assisted under this section with the achievement gains 

made by students taught by teachers who are not assisted 

under this section. 

‘‘(C) REQUIREMENTS.—The Secretary shall provide for 

such a study not less than once every three years, and 

each such study shall include multiple placement sites 

and multiple schools within placement sites. 

‘‘(D) PEER REVIEW STANDARDS.—Each such study shall 

meet the peer review standards of the education research 

community. Further, the peer review standards shall 

ensure that reviewers are practicing researchers and have 

expertise in assessment systems, accountability, psychometric measurement and statistics, and instruction. 

‘‘(3) ACCOUNTING, FINANCIAL REPORTING, AND INTERNAL

CONTROL SYSTEMS.— 

‘‘(A) IN GENERAL.—The grantee shall contract with an 

independent auditor to conduct a comprehensive review 

of the grantee’s accounting, financial reporting, and 

internal control systems. Such review shall assess whether 

that grantee’s accounting, financial reporting, and internal 

control systems are designed to— 

‘‘(i) provide information that is complete, accurate, 

and reliable; 

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‘‘(ii) reasonably detect and prevent material 

misstatements, as well as fraud, waste, and abuse; 

and 

‘‘(iii) provide information to demonstrate the 

grantee’s compliance with related Federal programs, 

as applicable. 

‘‘(B) REVIEW REQUIREMENTS.—Not later than 90 days 

after the grantee receives funds to carry out this section 

for the first fiscal year in which funds become available 

to carry out this section after the date of enactment of 

the Higher Education Opportunity Act, the independent 

auditor shall complete the review required by this paragraph. 

‘‘(C) REPORT.—Not later than 120 days after the 

grantee receives funds to carry out this section for the 

first fiscal year in which funds become available to carry 

out this section after the date of enactment of the Higher 

Education Opportunity Act, the independent auditor shall 

submit a report to the authorizing committees and the 

Secretary of the findings of the review required under 

this paragraph, including any recommendations of the independent auditor, as appropriate, with respect to the 

grantee’s accounting, financial reporting, and internal control systems. 

‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 

‘‘(1) IN GENERAL.—The amount authorized to be appropriated to carry out this section shall not exceed— 

‘‘(A) $20,000,000 for fiscal year 2009; 

‘‘(B) $25,000,000 for fiscal year 2010; and 

‘‘(C) such sums as may be necessary for each of the 

four succeeding fiscal years. 

‘‘(2) LIMITATION.—The grantee shall not use more than 

5 percent of Federal funds made available under this section 

for non-programmatic costs to carry out this section. 

‘‘PART G—PATSY T. MINK FELLOWSHIP 

PROGRAM 

‘‘SEC. 807. PATSY T. MINK FELLOWSHIP PROGRAM. 

‘‘(a) PURPOSE; DESIGNATION.— 

‘‘(1) IN GENERAL.—It is the purpose of this section to provide, through eligible institutions, a program of fellowship 

awards to assist highly qualified minorities and women to 

acquire the doctoral degree, or highest possible degree available, 

in academic areas in which such individuals are underrepresented for the purpose of enabling such individuals to enter 

the higher education professoriate. 

‘‘(2) DESIGNATION.—Each recipient of a fellowship award 

from an eligible institution receiving a grant under this section 

shall be known as a ‘Patsy T. Mink Graduate Fellow’. 

‘‘(b) ELIGIBLE INSTITUTION.—In this section, the term ‘eligible 

institution’ means an institution of higher education, or a consortium of such institutions, that offers a program of postbaccalaureate 

study leading to a graduate degree. 

‘‘(c) PROGRAM AUTHORIZED.— ‘‘(1) GRANTS BY SECRETARY.— 

20 USC 1161g. 

Deadline. 


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‘‘(A) IN GENERAL.—From the amounts appropriated 

under subsection (f), the Secretary shall award grants to 

eligible institutions to enable such institutions to make 

fellowship awards to individuals in accordance with the 

provisions of this section. 

‘‘(B) PRIORITY CONSIDERATION.—In awarding grants 

under this section, the Secretary shall consider the eligible 

institution’s prior experience in producing doctoral degree, 

or highest possible degree available, holders who are 

minorities and women, and shall give priority consideration 

in making grants under this section to those eligible institutions with a demonstrated record of producing minorities 

and women who have earned such degrees. 

‘‘(2) APPLICATIONS.— ‘‘(A) IN GENERAL.—An eligible institution that desires 

a grant under this section shall submit an application 

to the Secretary at such time, in such manner, and containing such information as the Secretary may require. 

‘‘(B) APPLICATIONS MADE ON BEHALF.—The following 

entities may submit an application on behalf of an eligible 

institution: 

‘‘(i) A graduate school or department of such 

institution. 

‘‘(ii) A graduate school or department of such 

institution in collaboration with an undergraduate college or school of such institution. 

‘‘(iii) An organizational unit within such institution 

that offers a program of postbaccalaureate study 

leading to a graduate degree, including an interdisciplinary or an interdepartmental program. 

‘‘(C) PARTNERSHIP.—In developing a grant application 

and carrying out the grant activities authorized under this 

section, an eligible institution may partner with a nonprofit 

organization with a demonstrated record of helping minorities and women earn postbaccalaureate degrees. 

‘‘(3) SELECTION OF APPLICATIONS.—In awarding grants 

under paragraph (1), the Secretary shall— 

‘‘(A) take into account— 

‘‘(i) the number and distribution of minority and 

female faculty nationally; 

‘‘(ii) the current and projected need for highly 

trained individuals in all areas of the higher education 

professoriate; and 

‘‘(iii) the present and projected need for highly 

trained individuals in academic career fields in which 

minorities and women are underrepresented in the 

higher education professoriate; and 

‘‘(B) consider the need to prepare a large number of 

minorities and women generally in academic career fields 

of high national priority, especially in areas in which such 

individuals are traditionally underrepresented in college 

and university faculty. 

‘‘(4) DISTRIBUTION AND AMOUNTS OF GRANTS.— 

‘‘(A) EQUITABLE DISTRIBUTION.—In awarding grants 

under this section, the Secretary shall, to the maximum 

extent feasible, ensure an equitable geographic distribution 

of awards and an equitable distribution among public and 


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private eligible institutions that apply for grants under 

this section and that demonstrate an ability to achieve 

the purpose of this section. 

‘‘(B) SPECIAL RULE.—To the maximum extent practicable, the Secretary shall use not less than 30 percent 

of the amount appropriated pursuant to subsection (f) to 

award grants to eligible institutions that are eligible for 

assistance under title III or title V, or to consortia of 

eligible institutions that include at least one eligible institution that is eligible for assistance under title III or title 

V. 

‘‘(C) ALLOCATION.—In awarding grants under this section, the Secretary shall allocate appropriate funds to those 

eligible institutions whose applications indicate an ability 

to significantly increase the numbers of minorities and 

women entering the higher education professoriate and 

that commit institutional resources to the attainment of 

the purpose of this section. 

‘‘(D) NUMBER OF FELLOWSHIP AWARDS.—An eligible 

institution that receives a grant under this section shall 

make not less than ten fellowship awards. 

‘‘(E) INSUFFICIENT FUNDS.—If the amount appropriated 

is not sufficient to permit all grantees under this section 

to provide the minimum number of fellowships required 

by subparagraph (D), the Secretary may, after awarding 

as many grants to support the minimum number of fellowships as such amount appropriated permits, award grants 

that do not require the grantee to award the minimum 

number of fellowships required by such subparagraph. 

‘‘(5) INSTITUTIONAL ALLOWANCE.— 

‘‘(A) IN GENERAL.— 

‘‘(i) NUMBER OF ALLOWANCES.—In awarding grants 

under this section, the Secretary shall pay to each 

eligible institution awarded a grant, for each individual 

awarded a fellowship by such institution under this 

section, an institutional allowance. 

‘‘(ii) AMOUNT.—Except as provided in subparagraph (C), for academic year 2009–2010 and succeeding 

academic years, an institutional allowance under this 

paragraph shall be in an amount equal to the amount 

of institutional allowance made to an institution of 

higher education under section 715 for such academic 

year. 

‘‘(B) USE OF FUNDS.—Institutional allowances may be 

expended at the discretion of the eligible institution and 

may be used to provide, except as prohibited under 

subparagraph (D), academic support and career transition 

services for individuals awarded fellowships by such 

institution. 

‘‘(C) REDUCTION.—The institutional allowance paid 

under subparagraph (A) shall be reduced by the amount 

the eligible institution charges and collects from a fellowship recipient for tuition and other expenses as part of 

the recipient’s instructional program. 

‘‘(D) USE FOR OVERHEAD PROHIBITED.—Funds made 

available under this section may not be used for general 

Payments. 


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operational overhead of the academic department or 

institution receiving funds under this section. 

‘‘(d) FELLOWSHIP RECIPIENTS.— 

‘‘(1) AUTHORIZATION.—An eligible institution that receives 

a grant under this section shall use the grant funds to make 

fellowship awards to minorities and women who are enrolled 

at such institution in a doctoral degree program, or program 

for the highest possible degree available, and— 

‘‘(A) intend to pursue a career in instruction at— 

‘‘(i) an institution of higher education (as the term 

is defined in section 101); 

‘‘(ii) an institution of higher education (as the term 

is defined in section 102(a)(1)); and 

‘‘(iii) a proprietary institution of higher education 

(as the term is defined in section 102(b)); and 

‘‘(B) sign an agreement with the Secretary agreeing— 

‘‘(i) to begin employment at an institution 

described in subparagraph (A) not later than three 

years after receiving the doctoral degree or highest 

possible degree available, which three-year period may 

be extended by the Secretary for extraordinary circumstances; and 

‘‘(ii) to be employed by such institution for one 

year for each year of fellowship assistance received 

under this section. 

‘‘(2) REPAYMENT FOR FAILURE TO COMPLY.—In the event 

that any recipient of a fellowship under this section fails or 

refuses to comply with the agreement signed pursuant to paragraph (1)(B), the sum of the amounts of any fellowship received 

by such recipient shall, upon a determination of such a failure 

or refusal to comply, be treated as a Federal Direct Unsubsidized Stafford Loan under part D of title IV, and shall be 

subject to repayment, together with interest thereon accruing 

from the date of the grant award, in accordance with terms 

and conditions specified by the Secretary in regulations under 

this section. 

‘‘(3) WAIVER AND MODIFICATION.— 

‘‘(A) REGULATIONS.—The Secretary shall promulgate 

regulations setting forth criteria to be considered in 

granting a waiver for the service requirement under paragraph (1)(B). 

‘‘(B) CONTENT.—The criteria under subparagraph (A) 

shall include whether compliance with the service requirement by the fellowship recipient would be— 

‘‘(i) inequitable and represent an extraordinary 

hardship; or 

‘‘(ii) deemed impossible because the individual is 

permanently and totally disabled at the time of the 

waiver request. 

‘‘(4) AMOUNT OF FELLOWSHIP AWARDS.—Fellowship awards 

under this section shall consist of a stipend in an amount 

equal to the level of support provided to fellows under the 

National Science Foundation Graduate Research Fellowship 

Program, except that such stipend shall be adjusted as necessary so as not to exceed the fellow’s tuition and fees or 

demonstrated need (as determined by the institution of higher 

Criteria. 

Regulations. 

Minorities. 

Women. 


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education where the graduate student is enrolled), whichever 

is greater. 

‘‘(5) ACADEMIC PROGRESS REQUIRED.—An individual student 

shall not be eligible to receive a fellowship award— 

‘‘(A) except during periods in which such student is 

enrolled, and such student is maintaining satisfactory academic progress in, and devoting essentially full time to, 

study or research in the pursuit of the degree for which 

the fellowship support was awarded; and 

‘‘(B) if the student is engaged in gainful employment, 

other than part-time employment in teaching, research, 

or similar activity determined by the eligible institution 

to be consistent with and supportive of the student’s 

progress toward the appropriate degree. 

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

be construed to require an eligible institution that receives a grant 

under this section— 

‘‘(1) to grant a preference to or to differentially treat any 

applicant for a faculty position as a result of the institution’s 

participation in the program under this section; or 

‘‘(2) to hire a Patsy T. Mink Fellow who completes this 

program and seeks employment at such institution. 

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

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

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

fiscal years. 

‘‘PART H—IMPROVING COLLEGE ENROLLMENT 

BY SECONDARY SCHOOLS 

‘‘SEC. 808. IMPROVING COLLEGE ENROLLMENT BY SECONDARY 

SCHOOLS. 

‘‘(a) IN GENERAL.—From the amounts appropriated under subsection (c), the Secretary shall award a grant to one nonprofit 

organization described in subsection (b) to enable the nonprofit 

organization— 

‘‘(1) to make publicly available the year-to-year postsecondary education enrollment rate trends of secondary school 

students, disaggregated by secondary school, in compliance with 

the Family Education Rights and Privacy Act of 1974; 

‘‘(2) to identify not less than 50 urban local educational 

agencies and five States with significant rural populations, 

each serving a significant population of low-income students, 

and to carry out a comprehensive assessment in the agencies 

and States of the factors known to contribute to improved 

postsecondary education enrollment rates, which factors shall 

include— 

‘‘(A) the local educational agency’s and State’s leadership strategies and capacities; 

‘‘(B) the secondary school curriculum and class 

offerings of the local educational agency and State; 

‘‘(C) the professional development used by the local 

educational agency and the State to assist teachers, guidance counselors, and administrators in supporting the 

transition of secondary students to postsecondary education; 

Grants. 

Nonprofit 

organization. 

20 USC 1161h. 


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‘‘(D) secondary school student attendance and other 

factors demonstrated to be associated with enrollment into 

postsecondary education; 

‘‘(E) the use of data systems by the local educational 

agency and the State to measure postsecondary education 

enrollment rates and the incentives in place to motivate 

the efforts of faculty and students to improve student and 

schoolwide outcomes; and 

‘‘(F) strategies to mobilize student leaders to build 

a college-bound culture; and 

‘‘(3) to provide comprehensive services to improve the 

schoolwide postsecondary education enrollment rates of each 

of not less than ten local educational agencies and States, 

with the federally funded portion of each project declining by 

not less than 20 percent each year beginning in the second 

year of the comprehensive services, that— 

‘‘(A) participated in the needs assessment described 

in paragraph (2); and 

‘‘(B) demonstrated a willingness and commitment to 

improving the postsecondary education enrollment rates 

of the local educational agency or State, respectively. 

‘‘(b) GRANT RECIPIENT CRITERIA.—The recipient of the grant 

awarded under subsection (a) shall be a nonprofit organization 

with demonstrated expertise— 

‘‘(1) in increasing schoolwide postsecondary enrollment 

rates in low-income communities nationwide by providing curriculum, training, and technical assistance to secondary school 

staff and student peer influencers; and 

‘‘(2) in a postsecondary education transition data management system. 

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

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

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

fiscal years. 

‘‘PART I—EARLY CHILDHOOD EDUCATION 

PROFESSIONAL DEVELOPMENT AND CAREER TASK FORCE 

‘‘SEC. 811. PURPOSE. 

‘‘The purposes of this part are— 

‘‘(1) to improve the quality of the early childhood education 

workforce by creating a statewide early childhood education 

professional development and career task force for early childhood education program staff, directors, administrators, and 

faculty; and 

‘‘(2) to create— 

‘‘(A) a coherent system of core competencies, pathways 

to qualifications, credentials, degrees, quality assurances, 

access, and outreach, for early childhood education program 

staff, directors, administrators, and faculty that is linked 

to compensation commensurate with experience and qualifications; 

‘‘(B) articulation agreements that enable early childhood education professionals to transition easily among 

degrees; and 

20 USC 1161i. 


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‘‘(C) compensation initiatives for individuals working 

in an early childhood education program that reflect the 

individuals’ credentials, degrees, and experience. 

‘‘SEC. 812. DEFINITION OF EARLY CHILDHOOD EDUCATION PROGRAM. 

‘‘In this part, the term ‘early childhood education program’ 

means— 

‘‘(1) a Head Start program or an Early Head Start program 

carried out under the Head Start Act (42 U.S.C. 9831 et seq.), 

including a migrant or seasonal Head Start program or an 

Indian Head Start program; 

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

‘‘(3) a State prekindergarten program or a program authorized under section 619 or part C of the Individuals with Disabilities Education Act, that serves children from birth through 

age six and that addresses the children’s cognitive (including 

language, early literacy, and pre-numeracy), social, emotional, 

and physical development. 

‘‘SEC. 813. GRANTS AUTHORIZED. 

‘‘(a) IN GENERAL.—From the amounts appropriated under section 818, the Secretary is authorized to award grants to States 

in accordance with the provisions of this part to enable such 

States— 

‘‘(1) to establish a State Task Force described in section 

814; and 

‘‘(2) to support activities of the State Task Force described 

in section 815. 

‘‘(b) COMPETITIVE BASIS.—Grants under this part shall be 

awarded on a competitive basis. 

‘‘(c) EQUITABLE GEOGRAPHIC DISTRIBUTION.—In awarding 

grants under this part, the Secretary shall take into consideration 

providing an equitable geographic distribution of such grants. 

‘‘(d) DURATION.—Grants under this part shall be awarded for 

a period of five years. 

‘‘SEC. 814. STATE TASK FORCE ESTABLISHMENT. 

‘‘(a) STATE TASK FORCE ESTABLISHED.—The Governor of a State 

receiving a grant under this part shall establish, or designate 

an existing entity to serve as, the State Early Childhood Education 

Professional Development and Career Task Force (hereafter in this 

part referred to as the ‘State Task Force’). 

‘‘(b) MEMBERSHIP.—The State Task Force shall include a representative of a State agency, an institution of higher education 

(including an associate or a baccalaureate degree granting institution of higher education), an early childhood education program, 

a nonprofit early childhood organization, a statewide early childhood 

workforce scholarship or supplemental initiative, the State Head 

Start collaboration director, and any other entity or individual 

the Governor determines appropriate. 

‘‘SEC. 815. STATE TASK FORCE ACTIVITIES. 

‘‘(a) ACTIVITIES.—The State Task Force shall— 

‘‘(1) coordinate and communicate regularly with the State 

Advisory Council on Early Care and Education (hereafter in 

this part referred to as ‘State Advisory Council’) or a similar 

State entity charged with creating a comprehensive system 

20 USC 1161i–4. 

20 USC 1161i–3. 

20 USC 1161i–2. 

20 USC 1161i–1. 


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of early care and education in the State, for the purposes 

of— 

‘‘(A) integrating recommendations for early childhood 

professional development and career activities into the 

plans of the State Advisory Council; and 

‘‘(B) assisting in the implementation of professional 

development and career activities that are consistent with 

the plans described in subparagraph (A); 

‘‘(2) conduct a review of opportunities for and barriers 

to high-quality professional development, training, and higher 

education degree programs, in early childhood development 

and learning, including a periodic statewide survey concerning 

the demographics of individuals working in early childhood 

education programs in the State, which survey shall include 

information disaggregated by— 

‘‘(A) race, gender, and ethnicity; 

‘‘(B) compensation levels; 

‘‘(C) type of early childhood education program setting; 

‘‘(D) specialized knowledge of child development; 

‘‘(E) years of experience in an early childhood education 

program; 

‘‘(F) attainment of— 

‘‘(i) academic credit for coursework; 

‘‘(ii) an academic degree; 

‘‘(iii) a credential; 

‘‘(iv) licensure; or 

‘‘(v) certification in early childhood education; and 

‘‘(G) specialized knowledge in the education of children 

with limited English proficiency and students with disabilities; and 

‘‘(3) develop a plan for a comprehensive statewide professional development and career system for individuals working 

in early childhood education programs or for early childhood 

education providers, which plan may include— 

‘‘(A) methods of providing outreach to early childhood 

education program staff, directors, and administrators, 

including methods for how outreach is provided to nonEnglish speaking providers, in order to enable the providers 

to be aware of opportunities and resources under the statewide plan; 

‘‘(B) developing a unified data collection and dissemination system for early childhood education training, professional development, and higher education programs; 

‘‘(C) increasing the participation of early childhood educators in high-quality training and professional development by assisting in paying the costs of enrollment in 

and completion of such training and professional development courses; 

‘‘(D) increasing the participation of early childhood educators in undergraduate and graduate education programs 

leading to degrees in early childhood education by providing 

assistance to pay the costs of enrollment in and completion 

of such programs, which assistance— 

‘‘(i) shall only be provided to an individual who— 

‘‘(I) in the case of an individual pursuing an 

undergraduate or graduate degree, enters into an 

agreement under which the individual agrees to 

Plans. 


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work, for a reasonable number of years after 

receiving such a degree, in an early childhood education program that is located in a low-income 

area; and 

‘‘(II) has a family income equal to or less than 

the annually adjusted national median family 

income as determined by the Bureau of the Census; 

and 

‘‘(ii) shall be provided in an amount that does 

not exceed $17,500; 

‘‘(E) supporting professional development activities and 

a career lattice for a variety of early childhood professional 

roles with varying professional qualifications and responsibilities for early childhood education personnel, including 

strategies to enhance the compensation of such personnel; 

‘‘(F) supporting articulation agreements between twoand four-year public and private institutions of higher education and mechanisms to transform other training, professional development, and experience into academic credit; 

‘‘(G) developing mentoring and coaching programs to 

support new educators in and directors of early childhood 

education programs; 

‘‘(H) providing career development advising with 

respect to the field of early childhood education, including 

informing an individual regarding— 

‘‘(i) entry into and continuing education requirements for professional roles in the field; 

‘‘(ii) available financial assistance for postsecondary education; and 

‘‘(iii) professional development and career advancement in the field; 

‘‘(I) enhancing the capacity and quality of faculty and 

coursework in postsecondary programs that lead to an associate, baccalaureate, or graduate degree in early childhood 

education; 

‘‘(J) consideration of the availability of on-line graduate 

level professional development offered by institutions of 

higher education with experience and demonstrated expertise in establishing programs in child development, in order 

to improve the skills and expertise of individuals working 

in early childhood education programs; and 

‘‘(K) developing or enhancing a system of quality assurance with respect to the early childhood education professional development and career system, including standards 

or qualifications for individuals and entities who offer 

training and professional development in early childhood 

education. 

‘‘(b) PUBLIC HEARINGS.—The State Task Force shall hold public 

hearings and provide an opportunity for public comment on the 

activities described in the statewide plan described in subsection 

(a)(3). 

‘‘(c) PERIODIC REVIEW.—The State Task Force shall meet 

periodically to review implementation of the statewide plan and 

to recommend any changes to the statewide plan the State Task 

Force determines necessary. 


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‘‘SEC. 816. STATE APPLICATION AND REPORT. 

‘‘(a) IN GENERAL.—Each State desiring a grant under this part 

shall submit an application to the Secretary at such time, in such 

manner, and accompanied by such information as the Secretary 

may reasonably require. Each such application shall include a 

description of— 

‘‘(1) the membership of the State Task Force; 

‘‘(2) the activities for which the grant assistance will be 

used; 

‘‘(3) other Federal, State, local, and private resources that 

will be available to support the activities of the State Task 

Force described in section 815; 

‘‘(4) the availability within the State of training, early 

childhood educator preparation, professional development, compensation initiatives, and career systems, related to early childhood education; and 

‘‘(5) the resources available within the State for such 

training, educator preparation, professional development, compensation initiatives, and career systems. 

‘‘(b) REPORT TO THE SECRETARY.—Not later than two years 

after receiving a grant under this part, a State shall submit a 

report to the Secretary that shall describe— 

‘‘(1) other Federal, State, local, and private resources that 

will be used in combination with a grant under this section 

to develop or expand the State’s early childhood education 

professional development and career activities; 

‘‘(2) the ways in which the State Advisory Council (or 

similar State entity) will coordinate the various State and local 

activities that support the early childhood education professional development and career system; and 

‘‘(3) the ways in which the State Task Force will use 

funds provided under this part and carry out the activities 

described in section 815. 

‘‘SEC. 817. EVALUATIONS. 

‘‘(a) STATE EVALUATION.—Each State receiving a grant under 

this part shall— 

‘‘(1) evaluate the activities that are assisted under this 

part in order to determine— 

‘‘(A) the effectiveness of the activities in achieving State 

goals; 

‘‘(B) the impact of a career lattice for individuals 

working in early childhood education programs; 

‘‘(C) the impact of the activities on licensing or regulating requirements for individuals in the field of early 

childhood development; 

‘‘(D) the impact of the activities, and the impact of 

the statewide plan described in section 815(a)(3), on the 

quality of education, professional development, and training 

related to early childhood education programs that are 

offered in the State; 

‘‘(E) the change in compensation and retention of 

individuals working in early childhood education programs 

within the State resulting from the activities; and 

‘‘(F) the impact of the activities on the demographic 

characteristics of individuals working in early childhood 

education programs; and 

20 USC 1161i–6. 

20 USC 1161i–5. 


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‘‘(2) submit a report at the end of the grant period to 

the Secretary regarding the evaluation described in paragraph 

(1). 

‘‘(b) SECRETARY’S EVALUATION.—Not later than September 30, 

2013, the Secretary, in consultation with the Secretary of Health 

and Human Services, shall prepare and submit to the authorizing 

committees an evaluation of the State reports submitted under 

subsection (a)(2). 

‘‘SEC. 818. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated to carry out this 

part such sums as may be necessary for fiscal year 2009 and 

each of the five succeeding fiscal years. 

‘‘PART J—IMPROVING SCIENCE, TECHNOLOGY, 

ENGINEERING, AND MATHEMATICS EDUCATION WITH A FOCUS ON ALASKA NATIVE 

AND NATIVE HAWAIIAN STUDENTS 

‘‘SEC. 819. IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND 

MATHEMATICS EDUCATION WITH A FOCUS ON ALASKA 

NATIVE AND NATIVE HAWAIIAN STUDENTS. 

‘‘(a) PURPOSE.—The purposes of this section are— 

‘‘(1) to develop or expand programs for the development 

of professionals in the fields of science, technology, engineering, 

and mathematics; and 

‘‘(2) to focus resources on meeting the educational and 

cultural needs of Alaska Natives and Native Hawaiians. 

‘‘(b) DEFINITIONS.—In this section: 

‘‘(1) ALASKA NATIVE.—The term ‘Alaska Native’ has the 

meaning given such term in section 7306 of the Elementary 

and Secondary Education Act of 1965. 

‘‘(2) ELIGIBLE PARTNERSHIP.—The term ‘eligible partnership’ 

means a partnership that includes— 

‘‘(A) one or more colleges, schools, or departments of 

engineering; 

‘‘(B) one or more colleges of science or mathematics; 

‘‘(C) one or more institutions of higher education that 

offer two-year degrees; and 

‘‘(D) one or more private entities that— 

‘‘(i) conduct career awareness activities showcasing 

local technology professionals; 

‘‘(ii) encourage students to pursue education in 

science, technology, engineering, and mathematics 

from elementary school through postsecondary education, and careers in those fields, with the assistance 

of local technology professionals; 

‘‘(iii) develop internships, apprenticeships, and 

mentoring programs in partnership with relevant 

industries; and 

‘‘(iv) assist with placement of interns and apprentices. 

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

in section 101(a) 

20 USC 1161j. 

20 USC 1161i–7. 

Deadline. 

Reports. 


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‘‘(4) NATIVE HAWAIIAN.—The term ‘Native Hawaiian’ has 

the meaning given the term in section 7207 of the Elementary 

and Secondary Education Act of 1965. 

‘‘(c) GRANT AUTHORIZED.—From the amounts appropriated to 

carry out this section under subsection (i), the Secretary is authorized to award a grant to an eligible partnership to enable the 

eligible partnership to expand programs for the development of 

science, technology, engineering, or mathematics professionals, from 

elementary school through postsecondary education, including 

existing programs for Alaska Native and Native Hawaiian students. 

‘‘(d) USES OF FUNDS.—Grant funds under this section shall 

be used for one or more of the following: 

‘‘(1) Development or implementation of cultural, social, or 

educational transition programs to assist students to transition 

into college life and academics in order to increase such students’ retention rates in the fields of science, technology, 

engineering, or mathematics, with a focus on Alaska Native 

or Native Hawaiian students. 

‘‘(2) Development or implementation of academic support 

or supplemental educational programs to increase the graduation rates of students in the fields of science, technology, 

engineering, or mathematics, with a focus on Alaska Native 

and Native Hawaiian students. 

‘‘(3) Development or implementation of internship programs, carried out in coordination with educational institutions 

and private entities, to prepare students for careers in the 

fields of science, technology, engineering, or mathematics, with 

a focus on programs that serve Alaska Native or Native 

Hawaiian students. 

‘‘(4) Such other activities as are consistent with the purpose 

of this section. 

‘‘(e) APPLICATION.—Each eligible partnership that desires a 

grant under this section shall submit an application to the Secretary 

at such time, in such manner, and containing such information 

as the Secretary may require. 

‘‘(f) PRIORITY.—In awarding grants under this section, the Secretary shall give priority to an eligible partnership that, on the 

day before the date of enactment of the Higher Education Opportunity Act, provides one or more programs in which 30 percent 

or more of the program participants are Alaska Native or Native 

Hawaiian. 

‘‘(g) PERIOD OF GRANT.—A grant under this section shall be 

awarded for a period of five years. 

‘‘(h) EVALUATION AND REPORT.—Each eligible partnership that 

receives a grant under this section shall conduct an evaluation 

to determine the effectiveness of the programs funded under the 

grant and shall provide a report regarding the evaluation to the 

Secretary not later than six months after the end of the grant 

period. 

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

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

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

fiscal years. 


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‘‘PART K—PILOT PROGRAMS TO INCREASE 

COLLEGE PERSISTENCE AND SUCCESS 

‘‘SEC. 820. PILOT PROGRAMS TO INCREASE COLLEGE PERSISTENCE 

AND SUCCESS. 

‘‘(a) GRANTS AUTHORIZED.—From the amounts appropriated 

under subsection (i), the Secretary is authorized to award grants 

in accordance with this section, on a competitive basis, to eligible 

institutions to enable the institutions to develop programs to 

increase the persistence and success of low-income college students. 

‘‘(b) APPLICATIONS.— 

‘‘(1) IN GENERAL.—An eligible institution seeking a grant 

under this section shall submit an application to the Secretary 

at such time, in such manner, and containing such information 

as the Secretary may require. An eligible institution may 

submit an application to receive a grant under subsection (c) 

or (d) or both. 

‘‘(2) EVALUATION CONDITION.—Each eligible institution 

seeking a grant under this section shall agree to participate 

in the evaluation described in subsection (f). 

‘‘(3) PRIORITY FOR REPLICATION OF EVIDENCE-BASED POLICIES AND PRACTICES.—In awarding grants for the program 

under subsection (d), the Secretary shall give priority to applications submitted by eligible institutions that propose to replicate 

policies and practices that have proven effective in increasing 

persistence and degree completion by low-income students or 

students in need of developmental education. 

‘‘(c) PILOT PROGRAM TO INCREASE PERSISTENCE AND SUCCESS

IN COMMUNITY COLLEGES.— 

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

‘‘(A) ELIGIBLE INSTITUTION.—The term ‘eligible institution’ means an institution of higher education, as defined 

in section 101, that provides a one- or two-year program 

of study leading to a degree or certificate. 

‘‘(B) ELIGIBLE STUDENT.—The term ‘eligible student’ 

means a student who— 

‘‘(i) is eligible to receive assistance under section 

401; 

‘‘(ii) is enrolled at least half-time; 

‘‘(iii) is not younger than age 19; 

‘‘(iv) is the parent of at least one dependent child, 

which dependent child is age 18 or younger; 

‘‘(v) has a secondary school diploma or its recognized equivalent; and 

‘‘(vi) does not have a degree or certificate from 

an institution of higher education. 

‘‘(2) USES OF FUNDS.— 

‘‘(A) SUPPORT.—The Secretary shall award grants 

under this subsection to eligible institutions to enable such 

institutions to provide additional monetary and nonmonetary support to eligible students to enable the eligible students to maintain enrollment and complete degree or certificate programs. 

‘‘(B) REQUIRED USES.—Each eligible institution 

receiving a grant under this subsection shall use the grant 

funds— 

Grants. 

Disadvantaged 

persons. 

Disadvantaged 

persons. 

20 USC 1161k. 


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‘‘(i) to provide scholarships in accordance with 

paragraph (3); and 

‘‘(ii) to provide counseling services in accordance 

with paragraph (4) . 

‘‘(C) ALLOWABLE USES OF FUNDS.—Grant funds provided under this subsection may be used— 

‘‘(i) to conduct outreach to make students aware 

of the scholarships and counseling services available 

under this subsection and to encourage the students 

to participate in the program assisted under this subsection; and 

‘‘(ii) to provide incentives of $20 or less to 

applicants who complete the process of applying for 

assistance under this subsection, as compensation for 

the student’s time. 

‘‘(3) SCHOLARSHIP REQUIREMENTS.— 

‘‘(A) IN GENERAL.—Each scholarship awarded under 

this subsection shall— 

‘‘(i) be awarded for one academic year consisting 

of two semesters or the equivalent; 

‘‘(ii) require the student to maintain, during the 

scholarship period, at least half-time enrollment and 

at least a 2.0 grade point average or the equivalent; 

‘‘(iii) be awarded in the amount of $1,000 for each 

of two semesters (prorated for quarters or other equivalents), or $2,000 for an academic year; 

‘‘(iv) not exceed the student’s cost of attendance, 

as defined in section 472; and 

‘‘(v) be paid, for each of the two semesters, in 

increments of— 

‘‘(I) $250 upon enrollment (prorated for quarters or other equivalents); 

‘‘(II) $250 upon passing midterm examinations 

or comparable assessments (prorated for quarters 

or other equivalents); and 

‘‘(III) $500 upon passing courses (prorated for 

quarters or other equivalents). 

‘‘(B) NUMBER.—An eligible institution may award an 

eligible student not more than two scholarships under this 

subsection. 

‘‘(4) COUNSELING SERVICES.— 

‘‘(A) IN GENERAL.—Each eligible institution receiving 

a grant under this subsection shall use the grant funds 

to provide students at the institution with a counseling 

staff dedicated to students participating in the program 

under this subsection. Each such counselor shall— 

‘‘(i) have a caseload of less than 125 students; 

‘‘(ii) use a proactive, team-oriented approach to 

counseling; 

‘‘(iii) hold a minimum of two meetings with each 

student each semester; and 

‘‘(iv) provide referrals to and follow-up with other 

student services staff, including financial aid and 

career services. 

‘‘(B) COUNSELING SERVICES AVAILABILITY.—The counseling services provided under this subsection shall be 


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available to participating students during the daytime and 

evening hours. 

‘‘(d) STUDENT SUCCESS GRANT PILOT PROGRAM.— 

‘‘(1) DEFINITIONS.— 

‘‘(A) ELIGIBLE INSTITUTION.—In this subsection, the 

term ‘eligible institution’ means an institution of higher 

education in which, during the three-year period preceding 

the year in which the institution is applying for a grant 

under this subsection, an average of not less than 50 percent of the institution’s entering first-year students are 

assessed as needing developmental courses to bring 

reading, writing, or mathematics skills up to college level. 

‘‘(B) ELIGIBLE STUDENT.—In this subsection, the term 

‘eligible student’ means a student who— 

‘‘(i) is eligible to receive assistance under section 

401; 

‘‘(ii) is a first-year student at the time of entering 

the program; 

‘‘(iii) is assessed as needing developmental education to bring reading, writing, or mathematics skills 

up to college level; and 

‘‘(iv) is selected by an eligible institution to participate in the program. 

‘‘(2) STUDENT SUCCESS GRANT AMOUNT.—The Secretary 

shall award grants under this subsection to eligible institutions 

in an amount equal to $1,500 multiplied by the number of 

students the institution selects to participate in the program 

in such year. An institution shall not select more than 200 

students to participate in the program under this subsection 

during such year. 

‘‘(3) REQUIRED USES.—An eligible institution that receives 

a grant under this subsection shall use the grant funds to 

assign a student success coach to each first-year student participating in the program to provide intensive career and academic 

advising, ongoing personal help in navigating college services 

(such as financial aid and registration), and assistance in connecting to community resources that can help students overcome family and personal challenges to success. Student success 

coaches— 

‘‘(A) shall work with not more than 50 new students 

during any academic period; 

‘‘(B) may be employees of academic departments, student services offices, community-based organizations, or 

other entities as determined appropriate by the institution; 

and 

‘‘(C) shall meet with each eligible student selected for 

the program before registration for courses. 

‘‘(4) ALLOWABLE USES.—An eligible institution that receives 

a grant under this subsection may use the grant funds to 

provide services and program innovations for students participating in the program, including the following: 

‘‘(A) College and career success courses provided at 

no charge to participating students. These courses may 

cover college success topics, including how to take notes, 

how to study, how to take tests, and how to budget time, 

and may also include a substantial career exploration 


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component. Institutions may use such courses to help students develop a college and career success plan, so that 

by the end of the first semester the students have a clear 

sense of their career goals and what classes to take to 

achieve such goals. 

‘‘(B) Work-study jobs with private employers in the 

students’ fields of study. 

‘‘(C) Learning communities that ensure that students 

participating in the program are clustered together for 

at least two courses beginning in the first semester after 

enrolling and have other opportunities to create and maintain bonds that allow them to provide academic and social 

support to each other. 

‘‘(D) Curricular redesign, which may include such 

innovations as blended or accelerated remediation classes 

that help student success grant recipients to attain collegelevel reading, writing, or math skills (or a combination 

thereof) more rapidly than traditional remediation formats 

allow, and intensive skills refresher classes, offered prior 

to each semester, to help students who have tested into 

remedial coursework to reach entry level assessment scores 

for the postsecondary programs they wish to enter. 

‘‘(E) Instructional support, such as learning labs, 

supplemental instruction, and tutoring. 

‘‘(F) Assistance with support services, such as child 

care and transportation. 

‘‘(5) REQUIRED NON-FEDERAL SHARE.—Each institution 

participating in the program under this subsection shall provide 

a non-Federal share of 25 percent of the amount of grant 

to carry out the activities of the program. The non-Federal 

share under this subsection may be provided in cash or in 

kind. 

‘‘(e) PERIOD OF GRANT.—The Secretary may award a grant 

under subsection (c) or (d) of this section for a period of five 

years. 

‘‘(f) TECHNICAL ASSISTANCE AND EVALUATION.— 

‘‘(1) CONTRACTOR.—From the funds appropriated under this 

section, the Secretary shall enter into a contract with one 

or more private, nonprofit entities to provide technical assistance to grantees and to conduct the evaluations required under 

paragraph (3). 

‘‘(2) EVALUATIONS.—The evaluations required under paragraph (3) shall be conducted by entities that are capable of 

designing and carrying out independent evaluations that identify the impact of the activities carried out by eligible institutions under this subpart on improving persistence and success 

of student participants under this subpart. 

‘‘(3) CONDUCT OF EVALUATIONS.—The Secretary shall conduct an evaluation of the impact of the persistence and success 

grant programs as follows: 

‘‘(A) PROGRAM TO INCREASE PERSISTENCE IN COMMUNITY

COLLEGES.—The evaluation of the program under subsection (c) shall be conducted using a random assignment 

research design with the following requirements: 

‘‘(i) When students are recruited for the program, 

all students will be told about the program and the 

evaluation. 

Contracts. 


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‘‘(ii) Baseline data will be collected from all 

applicants for assistance under subsection (c). 

‘‘(iii) Students will be assigned randomly to two 

groups, which will consist of— 

‘‘(I) a program group that will receive the 

scholarship and the additional counseling services; 

and 

‘‘(II) a control group that will receive whatever 

regular financial aid and counseling services are 

available to all students at the institution of higher 

education. 

‘‘(B) STUDENT SUCCESS GRANT PROGRAM.—Eligible 

institutions receiving a grant to carry out the program 

under subsection (d) shall work with the evaluator to track 

persistence and completion outcomes for students in such 

program, specifically the proportion of these students who 

take and complete developmental education courses, the 

proportion who take and complete college-level coursework, 

and the proportion who complete certificates and degrees. 

The data shall be broken down by gender, race, ethnicity, 

and age and the evaluator shall assist institutions in analyzing these data to compare program participants to comparable nonparticipants, using statistical techniques to control for differences in the groups. 

‘‘(g) REPORT.—The Secretary shall— 

‘‘(1) provide a report to the authorizing committees that 

includes the evaluation and information on best practices and 

lessons learned during the pilot programs described in this 

section; and 

‘‘(2) disseminate the report to the public by making the 

report available on the Department’s website. 

‘‘(h) SUPPLEMENT NOT SUPPLANT.—Funds made available under 

this section shall be use to supplement and not supplant other 

Federal, State, and local funds available to the institution to carrying out the activities described in subsections (c) and (d). 

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

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

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

fiscal years. The Secretary may use not more than two percent 

of the amounts appropriated to provide the technical assistance 

and conduct the evaluations required under subsection (f). 

‘‘PART L—STUDENT SAFETY AND CAMPUS 

EMERGENCY MANAGEMENT 

‘‘SEC. 821. STUDENT SAFETY AND CAMPUS EMERGENCY MANAGEMENT. 

‘‘(a) GRANTS AUTHORIZED.— ‘‘(1) IN GENERAL.—From the amounts appropriated under 

subsection (g), the Secretary is authorized to award grants, 

on a competitive basis, to institutions of higher education or 

consortia of institutions of higher education to enable institutions of higher education or consortia to pay the Federal share 

of the cost of carrying out the authorized activities described 

in subsection (c). 

‘‘(2) CONSULTATION WITH THE ATTORNEY GENERAL AND THE

SECRETARY OF HOMELAND SECURITY.—Where appropriate, the 

Secretary shall award grants under this section in consultation 

20 USC 1161l. 

Grants. 

Web site. 

Demographics. 

Statistics. 


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with the Attorney General and the Secretary of Homeland 

Security. 

‘‘(3) DURATION.—The Secretary shall award each grant 

under this section for a period of two years. 

‘‘(4) LIMITATION ON INSTITUTIONS AND CONSORTIA.—An 

institution of higher education or consortium shall be eligible 

for only one grant under this section. 

‘‘(b) FEDERAL SHARE; NON-FEDERAL SHARE.— ‘‘(1) IN GENERAL.—The Federal share of the activities 

described in subsection (c) shall be 50 percent. 

‘‘(2) NON-FEDERAL SHARE.—An institution of higher education or consortium that receives a grant under this section 

shall provide the non-Federal share, which may be provided 

from State and local resources dedicated to emergency 

preparedness and response. 

‘‘(c) AUTHORIZED ACTIVITIES.—Each institution of higher education or consortium receiving a grant under this section may 

use the grant funds to carry out one or more of the following: 

‘‘(1) Developing and implementing a state-of-the-art emergency communications system for each campus of an institution 

of higher education or consortium, in order to contact students 

via cellular, text message, or other state-of-the-art communications methods when a significant emergency or dangerous situation occurs. An institution or consortium using grant funds 

to carry out this paragraph shall also, in coordination with 

the appropriate State and local emergency management 

authorities— 

‘‘(A) develop procedures that students, employees, and 

others on a campus of an institution of higher education 

or consortium will be directed to follow in the event of 

a significant emergency or dangerous situation; and 

‘‘(B) develop procedures the institution of higher education or consortium shall follow to inform, within a reasonable and timely manner, students, employees, and others 

on a campus in the event of a significant emergency or 

dangerous situation, which procedures shall include the 

emergency communications system described in this paragraph. 

‘‘(2) Supporting measures to improve safety at the institution of higher education or consortium, such as— 

‘‘(A) security assessments; 

‘‘(B) security training of personnel and students at 

the institution of higher education or consortium; 

‘‘(C) where appropriate, coordination of campus 

preparedness and response efforts with local law enforcement, local emergency management authorities, and other 

agencies, to improve coordinated responses in emergencies 

among such entities; 

‘‘(D) establishing a hotline that allows a student or 

staff member at an institution or consortium to report 

another student or staff member at the institution or 

consortium who the reporting student or staff member 

believes may be a danger to the reported student or staff 

member or to others; and 

‘‘(E) acquisition and installation of access control, video 

surveillance, intrusion detection, and perimeter security 

technologies and systems. 

Procedures. 


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‘‘(3) Coordinating with appropriate local entities for the 

provision of mental health services for students and staff of 

the institution of higher education or consortium, including 

mental health crisis response and intervention services for students and staff affected by a campus or community emergency. 

‘‘(d) APPLICATION.—Each institution of higher education or 

consortium desiring a grant under this section shall submit an 

application to the Secretary at such time, in such manner, and 

containing such information as the Secretary may require. 

‘‘(e) TECHNICAL ASSISTANCE.—The Secretary shall coordinate 

technical assistance provided by State and local emergency management agencies, the Department of Homeland Security, and other 

agencies as appropriate, to institutions of higher education or consortia that request assistance in developing and implementing the 

activities assisted under this section. 

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

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

necessary for fiscal year 2009 and each of the five succeeding 

fiscal years. 

‘‘SEC. 822. MODEL EMERGENCY RESPONSE POLICIES, PROCEDURES, 

AND PRACTICES. 

‘‘The Secretary, in consultation with the Attorney General and 

the Secretary of Homeland Security, shall continue to— 

‘‘(1) advise institutions of higher education on model emergency response policies, procedures, and practices; and 

‘‘(2) disseminate information concerning those policies, 

procedures, and practices. 

‘‘SEC. 823. PREPARATION FOR FUTURE DISASTERS PLAN BY THE SECRETARY. 

‘‘The Secretary shall continue to coordinate with the Secretary 

of Homeland Security and other appropriate agencies to develop 

and maintain procedures to address the preparedness, response, 

and recovery needs of institutions of higher education in the event 

of a natural or manmade disaster with respect to which the President has declared a major disaster or emergency (as such terms 

are defined in section 824). 

‘‘SEC. 824. EDUCATION DISASTER AND EMERGENCY RELIEF LOAN PROGRAM. 

‘‘(a) PROGRAM AUTHORIZED.—The Secretary, in consultation 

with the Secretary of Homeland Security, is authorized to establish 

an Education Disaster and Emergency Relief Loan Program for 

institutions of higher education impacted by a major disaster or 

emergency declared by the President. 

‘‘(b) USE OF ASSISTANCE.—The Secretary shall, subject to the 

availability of appropriations, provide loans under this section to 

institutions of higher education after the declaration of a major 

disaster or emergency by the President. Loan funds provided under 

this section may be used for construction, replacement, renovation, 

and operations costs resulting from a major disaster or emergency 

declared by the President. 

‘‘(c) APPLICATION REQUIREMENTS.—To be considered for a loan 

under this section, an institution of higher education shall— 

‘‘(1) submit a financial statement and other appropriate 

data, documentation, or evidence requested by the Secretary 

that indicates that the institution incurred losses resulting 

20 USC 1161l–3. 

20 USC 1161l–2. 

Public 

information. 

20 USC 1161l–1. 


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from the impact of a major disaster or emergency declared 

by the President, and the monetary amount of such losses; 

‘‘(2) demonstrate that the institution had appropriate insurance policies prior to the major disaster or emergency and 

filed claims, as appropriate, related to the major disaster or 

emergency; and 

‘‘(3) demonstrate that the institution attempted to minimize 

the cost of any losses by pursuing collateral source compensation from the Federal Emergency Management Agency prior 

to seeking a loan under this section, except that an institution 

of higher education shall not be required to receive collateral 

source compensation from the Federal Emergency Management 

Agency prior to being eligible for a loan under this section. 

‘‘(d) AUDIT.—The Secretary may audit a financial statement 

submitted under subsection (c) and an institution of higher education shall provide any information that the Secretary determines 

necessary to conduct such an audit. 

‘‘(e) REDUCTION IN LOAN AMOUNTS.—To determine the amount 

of a loan to make available to an institution of higher education 

under this section, the Secretary shall calculate the monetary 

amount of losses incurred by such institution as a result of a 

major disaster or emergency declared by the President, and shall 

reduce such amount by the amount of collateral source compensation the institution has already received from insurance, the Federal 

Emergency Management Agency, and the Small Business Administration. 

‘‘(f) ESTABLISHMENT OF LOAN PROGRAM.—Prior to disbursing 

any loans under this section, the Secretary shall prescribe regulations that establish the Education Disaster and Emergency Relief 

Loan Program, including— 

‘‘(1) terms for the loan program; 

‘‘(2) procedures for an application for a loan; 

‘‘(3) minimum requirements for the loan program and for 

receiving a loan, including— 

‘‘(A) online forms to be used in submitting request 

for a loan; 

‘‘(B) information to be included in such forms; and 

‘‘(C) procedures to assist in filing and pursing a loan; 

and 

‘‘(4) any other terms and conditions the Secretary may 

prescribe after taking into consideration the structure of other 

existing capital financing loan programs under this Act. 

‘‘(g) DEFINITIONS.—In this section: 

‘‘(1) INSTITUTION AFFECTED BY A GULF HURRICANE DISASTER.—The term ‘institution affected by a Gulf hurricane disaster’ means an institution of higher education that— 

‘‘(A) is located in an area affected by a Gulf hurricane 

disaster; and 

‘‘(B) is able to demonstrate that the institution— 

‘‘(i) incurred physical damage resulting from the 

impact of a Gulf hurricane disaster; and 

‘‘(ii) was not able to fully reopen in existing facilities or to fully reopen to the pre-hurricane levels for 

30 days or more on or after August 29, 2005. 

‘‘(2) AREA AFFECTED BY A GULF HURRICANE DISASTER; GULF

HURRICANE DISASTER.—The terms ‘area affected by a Gulf hurricane disaster’ and ‘Gulf hurricane disaster’ have the meanings 

Regulations. 


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122 STAT. 3412 PUBLIC LAW 110–315—AUG. 14, 2008 

given such terms in section 209 of the Higher Education Hurricane Relief Act of 2005 (Public Law 109-148, 119 Stat. 2808). 

‘‘(3) EMERGENCY.—The term ‘emergency’ has the meaning 

given such term in section 102(1) of the Robert T. Stafford 

Disaster Relief and Emergency Assistance Act (42 U.S.C. 

5122(1)). 

‘‘(4) INSTITUTIONS OF HIGHER EDUCATION.—The term 

‘institution of higher education’ has the meaning given such 

term in section 101. 

‘‘(5) MAJOR DISASTER.—The term ‘major disaster’ has the 

meaning given the term in section 102(2) of the Robert T. 

Stafford Disaster Relief and Emergency Assistance Act (42 

U.S.C. 5122(2)). 

‘‘(h) EFFECTIVE DATE.—Loans provided to institutions of higher 

education pursuant to this section shall be available only with 

respect to major disasters or emergencies declared by the President 

that occur after the date of the enactment of the Higher Education 

Opportunity Act, except that loans may be provided pursuant to 

this section to an institution affected by a Gulf hurricane disaster 

with respect to such disaster. 

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

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

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

fiscal years. 

‘‘SEC. 825. GUIDANCE ON MENTAL HEALTH DISCLOSURES FOR STUDENT SAFETY. 

‘‘(a) GUIDANCE.—The Secretary shall continue to provide guidance that clarifies the role of institutions of higher education with 

respect to the disclosure of education records, including to a parent 

or legal guardian of a dependent student, in the event that such 

student demonstrates that the student poses a significant risk 

of harm to himself or herself or to others, including a significant 

risk of suicide, homicide, or assault. Such guidance shall further 

clarify that an institution of higher education that, in good faith, 

discloses education records or other information in accordance with 

the requirements of this Act and section 444 of the General Education Provisions Act (the Family Educational Rights and Privacy 

Act of 1974) shall not be liable to any person for that disclosure. 

‘‘(b) INFORMATION TO CONGRESS.—The Secretary shall provide 

an update to the authorizing committees on the Secretary’s activities under subsection (a) not later than 180 days after the date 

of enactment of the Higher Education Opportunity Act. 

‘‘SEC. 826. RULE OF CONSTRUCTION. 

‘‘Nothing in this part shall be construed— 

‘‘(1) to provide a private right of action to any person 

to enforce any provision of this section; 

‘‘(2) to create a cause of action against any institution 

of higher education or any employee of the institution for any 

civil liability; or 

‘‘(3) to affect section 444 of the General Education Provisions Act (the Family Educational Rights and Privacy Act of 

1974) or the regulations issued under section 264 of the Health 

Insurance Portability and Accountability Act of 1996 (42 U.S.C. 

1320d–2 note). 

20 USC 1161l–5. 

Deadline. 

Records. 

20 USC 1161l–4. 


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PUBLIC LAW 110–315—AUG. 14, 2008 122 STAT. 3413 

‘‘PART M—LOW TUITION 

‘‘SEC. 830. INCENTIVES AND REWARDS FOR LOW TUITION. 

‘‘(a) REWARDS FOR LOW TUITION.— ‘‘(1) GRANTS.—From funds made available under subsection 

(e), the Secretary shall award grants to institutions of higher 

education that, for academic year 2009–2010 or any succeeding 

academic year— 

‘‘(A) have an annual tuition and fee increase, expressed 

as a percentage change, for the most recent academic year 

for which satisfactory data is available, that is in the 

lowest 20 percent of such increases for each category 

described in subsection (b); 

‘‘(B) are public institutions of higher education that 

have tuition and fees that are in the lowest quartile of 

for institutions in each category described in subsection 

(b)(1), (b)(4), or (b)(7); or 

‘‘(C) are public institutions of higher education that have a tuition and fee increase of less than $600 for a 

first-time, full-time undergraduate student. 

‘‘(2) USE OF FUNDS.—Funds awarded to an institution of 

higher education under paragraph (1) shall be distributed by 

the institution in the form of need-based grant aid to students 

who are eligible for Federal Pell Grants, except that no student 

shall receive an amount under this section that would cause 

the amount of total financial aid received by such student 

to exceed the cost of attendance of the institution. 

‘‘(b) CATEGORIES OF INSTITUTIONS.—The categories of institutions described in subsection (a) shall be the following: 

‘‘(1) four-year public institutions of higher education; 

‘‘(2) four-year private, nonprofit institutions of higher education; 

‘‘(3) four-year private, for-profit institutions of higher education; 

‘‘(4) two-year public institutions of higher education; 

‘‘(5) two-year private, nonprofit institutions of higher education; 

‘‘(6) two-year private, for-profit institutions of higher education; 

‘‘(7) less than two-year public institutions of higher education; 

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

higher education; and 

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

higher education. 

‘‘(c) REWARDS FOR GUARANTEED TUITION.— 

‘‘(1) BONUS.—For each institution of higher education that 

the Secretary determines complies with the requirements of 

paragraph (2) or (3) of this subsection, the Secretary shall 

provide to such institution a bonus amount. Such institution 

shall award the bonus amount in the form of need-based aid 

first to students who are eligible for Federal Pell Grants who 

were in attendance at the institution during the award year 

that such institution satisfied the eligibility criteria for 

maintaining low tuition and fees, then to students who are 

eligible for Federal Pell Grants who were not in attendance 

at the institution during such award year. 

Disadvantaged 

persons. 

20 USC 1161m. 


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‘‘(2) FOUR-YEAR INSTITUTIONS.—An institution of higher 

education that provides a program of instruction for which 

it awards a bachelor’s degree complies with the requirements 

of this paragraph if— 

‘‘(A) for a public institution of higher education, such 

institution’s tuition and fees are in the lowest quartile 

of institutions in the same category as described under 

subsection (b); or 

‘‘(B) for any institution of higher education, such 

institution guarantees that for any academic year (or the 

equivalent) beginning on or after July 1, 2009, and for 

each of the four succeeding continuous academic years, 

the tuition and fees charged to an undergraduate student 

will not exceed— 

‘‘(i) for a public institution of higher education, 

$600 per year for a full-time undergraduate student; 

or 

‘‘(ii) for any other institution of higher education— 

‘‘(I) the amount that the student was charged 

for an academic year at the time the student first 

enrolled in the institution of higher education, plus 

‘‘(II) the percentage change in tuition and fees 

at the institution for the three most recent academic years for which data is available, multiplied 

by the amount determined under subclause (I). 

‘‘(3) LESS-THAN FOUR-YEAR INSTITUTIONS.—An institution 

of higher education that does not provide a program of instruction for which it awards a bachelor’s degree complies with 

the requirements of this paragraph if— 

‘‘(A) for a public institution of higher education, such 

institution’s tuition is in the lowest quartile of institutions 

in the same category as described under subsection (b); 

or 

‘‘(B) for any institution of higher education, such 

institution guarantees that for any academic year (or the 

equivalent) beginning on or after July 1, 2009, and for 

each of the 1.5 succeeding continuous academic years, the 

tuition and fees charged to an undergraduate student will 

not exceed— 

‘‘(i) for a public institution of higher education, 

$600 per year for a full-time undergraduate student; 

or 

‘‘(ii) for any other institution of higher education— 

‘‘(I) the amount that the student was charged 

for an academic year at the time the student first 

enrolled in the institution of higher education, plus 

‘‘(II) the percentage change in tuition and fees 

at the institution for the three most recent academic years for which data is available, multiplied 

by the amount determined under subclause (I). 

‘‘(d) DEFINITIONS.—In this section, the terms ‘tuition and fees’ 

and ‘net price’ have the meaning given to such terms in section 

132 of this Act. 

‘‘(e) AUTHORIZATION.—There are authorized to be appropriated 

to carry out this section such sums as may be necessary for fiscal 

year 2009 and each of the five succeeding fiscal years. 


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PUBLIC LAW 110–315—AUG. 14, 2008 122 STAT. 3415 

‘‘PART N—COOPERATIVE EDUCATION 

‘‘SEC. 831. STATEMENT OF PURPOSE; DEFINITION. 

‘‘(a) PURPOSE.—It is the purpose of this part to award grants 

to institutions of higher education or consortia of such institutions 

to encourage such institutions to develop and make available to 

their students work experience that will aid such students in future 

careers and will enable such students to support themselves financially while in school. 

‘‘(b) DEFINITION.—In this part the term ‘cooperative education’ 

means the provision of alternating or parallel periods of academic 

study and public or private employment to give students work 

experiences related to their academic or occupational objectives 

and an opportunity to earn the funds necessary for continuing 

and completing their education. 

‘‘SEC. 832. RESERVATIONS. 

‘‘(a) RESERVATIONS.—Of the amount appropriated to carry out 

this part in each fiscal year— 

‘‘(1) not less than 50 percent shall be available for awarding 

grants to institutions of higher education and consortia of such 

institutions described in section 833(a)(1)(A) for cooperative 

education under section 833; 

‘‘(2) not less than 25 percent shall be available for awarding 

grants to institutions of higher education described in section 

833(a)(1)(B) for cooperative education under section 833; 

‘‘(3) not to exceed 11 percent shall be available for demonstration projects under paragraph (1) of section 834(a); 

‘‘(4) not to exceed 11 percent shall be available for training 

and resource centers under paragraph (2) of section 834(a); 

and 

‘‘(5) not to exceed 3 percent shall be available for research 

under paragraph (3) of section 834(a). 

‘‘(b) AVAILABILITY OF APPROPRIATIONS.—Amounts appropriated 

under this part shall not be used for the payment of compensation 

of students for employment by employers participating in a program 

under this part. 

‘‘SEC. 833. GRANTS FOR COOPERATIVE EDUCATION. 

‘‘(a) GRANTS AUTHORIZED.— 

‘‘(1) IN GENERAL.—The Secretary is authorized, from the 

amount available to carry out this section under section 835 

in each fiscal year and in accordance with the provisions of 

this part— 

‘‘(A) to award grants to institutions of higher education 

or consortia of such institutions that have not received 

a grant under this paragraph in the ten-year period preceding the date for which a grant under this section is 

requested to pay the Federal share of the cost of planning, 

establishing, expanding, or carrying out programs of 

cooperative education by such institutions or consortia of 

institutions; and 

‘‘(B) to award grants to institutions of higher education 

that are operating an existing cooperative education program as determined by the Secretary to pay the Federal 

share of the cost of planning, establishing, expanding, or 

20 USC 1161n–2. 

20 USC 1161n–1. 

20 USC 1161n. 


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carrying out programs of cooperative education by such 

institutions. 

‘‘(2) PROGRAM REQUIREMENT.—Cooperative education programs assisted under this section shall provide alternating 

or parallel periods of academic study and of public or private 

employment, giving students work experience related to their 

academic or occupational objectives and the opportunity to earn 

the funds necessary for continuing and completing their education. 

‘‘(3) AMOUNT OF GRANTS.— ‘‘(A) The amount of each grant awarded pursuant to 

paragraph (1)(A) to any institution of higher education 

or consortia of such institutions in any fiscal year shall 

not exceed $500,000. 

‘‘(B)(i) Except as provided in clauses (ii) and (iii), the 

Secretary shall award grants in each fiscal year to each 

institution of higher education described in paragraph 

(1)(B) that has an application approved under subsection 

(b) in an amount that bears the same ratio to the amount 

reserved pursuant to section 832(a)(2) for such fiscal year 

as the number of unduplicated students placed in cooperative education jobs during the preceding fiscal year by 

such institution of higher education (other than cooperative 

education jobs under section 834 and as determined by 

the Secretary) bears to the total number of all such students placed in such jobs during the preceding fiscal year 

by all such institutions. 

‘‘(ii) No institution of higher education shall receive 

a grant pursuant to paragraph (1)(B) in any fiscal year 

in an amount that exceeds 25 percent of such institution’s 

cooperative education program’s personnel and operating 

budget for the preceding fiscal year. 

‘‘(iii) The minimum annual grant amount that an 

institution of higher education is eligible to receive under 

paragraph (1)(B) is $1,000 and the maximum annual grant 

amount is $75,000. 

‘‘(4) LIMITATION.—The Secretary shall not award grants 

pursuant to subparagraphs (A) and (B) of paragraph (1) to 

the same institution of higher education or consortia of such 

institution in any one fiscal year. 

‘‘(5) USES.—Grants awarded under paragraph (1)(B) shall 

be used exclusively— 

‘‘(A) to expand the quality of and participation in a 

cooperative education program; 

‘‘(B) for outreach to potential participants in new curricular areas; and 

‘‘(C) for outreach to potential participants including 

underrepresented and nontraditional populations. 

‘‘(b) APPLICATIONS.—Each institution of higher education or 

consortium of such institutions desiring to receive a grant under 

this section shall submit an application to the Secretary at such 

time and in such manner as the Secretary shall prescribe. Each 

such application shall— 

‘‘(1) set forth the program or activities for which a grant 

is authorized under this section; 

‘‘(2) specify each portion of such program or activities which 

will be performed by a nonprofit organization or institution 


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other than the applicant, and the amount of grant funds to 

be used for such program or activities; 

‘‘(3) provide that the applicant will expend, during the 

fiscal year for which the grant is awarded for the purpose 

of such program or activities, not less than the amount 

expended for such purpose during the previous fiscal year; 

‘‘(4) describe the plans which the applicant will carry out 

to assure, and contain a formal statement of the institution’s 

commitment that assures, that the applicant will continue the 

cooperative education program beyond the five-year period of 

Federal assistance described in subsection (c)(1) at a level that 

is not less than the total amount expended for such program 

during the first year such program was assisted under this 

section; 

‘‘(5) provide that, in the case of an institution of higher 

education that provides a two-year program that is acceptable 

for full credit toward a bachelor’s degree, the cooperative education program will be available to students who are certificate 

or associate degree candidates and who carry at least onehalf of the normal full-time academic workload; 

‘‘(6) provide that the applicant will— 

‘‘(A) make such reports as may be necessary to ensure 

that the applicant is complying with the provisions of this 

section, including reports for the second and each succeeding fiscal year for which the applicant receives a grant 

with respect to the impact of the cooperative education 

program in the previous fiscal year, including— 

‘‘(i) the number of unduplicated student applicants 

in the cooperative education program; 

‘‘(ii) the number of unduplicated students placed 

in cooperative education jobs; 

‘‘(iii) the number of employers who have hired 

cooperative education students; 

‘‘(iv) the income for students derived from working 

in cooperative education jobs; and 

‘‘(v) the increase or decrease in the number of 

unduplicated students placed in cooperative education 

jobs in each fiscal year compared to the previous fiscal 

year; and 

‘‘(B) keep such records as may be necessary to ensure 

that the applicant is complying with the provisions of this 

part, including the notation of cooperative education 

employment on the student’s transcript; 

‘‘(7) describe the extent to which programs in the academic 

disciplines for which the application is made have satisfactorily 

met the needs of public and private sector employers; 

‘‘(8) describe the extent to which the institution is committed to extending cooperative education on an institutionwide basis for all students who can benefit; 

‘‘(9) describe the plans that the applicant will carry out 

to evaluate the applicant’s cooperative education program at 

the end of the grant period; 

‘‘(10) provide for such fiscal control and fund accounting 

procedures as may be necessary to ensure proper disbursement 

of, and accounting for, Federal funds paid to the applicant 

under this part; 

Records. 

Reports. 


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‘‘(11) demonstrate a commitment to serving underserved 

populations at the institution; and 

‘‘(12) include such other information as may be necessary 

to carry out the provisions of this part. 

‘‘(c) DURATION OF GRANTS; FEDERAL SHARE.— 

‘‘(1) DURATION OF GRANTS.—No individual institution of 

higher education may receive, individually or as a participant 

in a consortium of such institutions— 

‘‘(A) a grant pursuant to subsection (a)(1)(A) for more 

than five fiscal years; or 

‘‘(B) a grant pursuant to subsection (a)(1)(B) for more 

than five fiscal years. 

‘‘(2) FEDERAL SHARE.—The Federal share of a grant under 

subsection (a)(1)(A) may not exceed— 

‘‘(A) 85 percent of the cost of carrying out the program 

or activities described in the application in the first year 

the applicant receives a grant under this section; 

‘‘(B) 70 percent of such cost in the second such year; 

‘‘(C) 55 percent of such cost in the third such year; 

‘‘(D) 40 percent of such cost in the fourth such year; 

and 

‘‘(E) 25 percent of such cost in the fifth such year. 

‘‘(3) SPECIAL RULE.—Notwithstanding any other provision 

of law, the Secretary may not waive the provisions of paragraphs (1) and (2). 

‘‘(d) MAINTENANCE OF EFFORT.—If the Secretary determines 

that a recipient of funds under this section has failed to maintain 

the fiscal effort described in subsection (b)(3), then the Secretary 

may elect not to make grant payments under this section to such 

recipient. 

‘‘(e) FACTORS FOR SPECIAL CONSIDERATION OF APPLICATIONS.— 

‘‘(1) IN GENERAL.—In approving applications under this 

section, the Secretary shall give special consideration to applications from institutions of higher education or consortia of such 

institutions for programs that show the greatest promise of 

success because of— 

‘‘(A) the extent to which programs in the academic 

discipline with respect to which the application is made 

have satisfactorily met the needs of public and private 

sector employers; 

‘‘(B) the strength of the commitment of the institution 

of higher education or consortium of such institutions to 

cooperative education as demonstrated by the plans and 

formalized institutional commitment statement which such 

institution or consortium has made to continue the program 

after the termination of Federal financial assistance; 

‘‘(C) the extent to which the institution or consortium 

of institutions is committed to extending cooperative education for students who can benefit; and 

‘‘(D) such other factors as are consistent with the purposes of this section. 

‘‘(2) ADDITIONAL SPECIAL CONSIDERATION.—The Secretary 

shall also give special consideration to applications from institutions of higher education or consortia of such institutions that 

demonstrate a commitment to serving underserved populations 

attending such institutions. 


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PUBLIC LAW 110–315—AUG. 14, 2008 122 STAT. 3419 

‘‘SEC. 834. DEMONSTRATION AND INNOVATION PROJECTS; TRAINING 

AND RESOURCE CENTERS; AND RESEARCH. 

‘‘(a) AUTHORIZATION.—From the amounts appropriated under 

section 835, the Secretary is authorized, in accordance with the 

provisions of this section, to make grants and enter into contracts— 

‘‘(1) from the amounts available in each fiscal year under 

section 832(a)(3), for the conduct of demonstration projects 

designed to demonstrate or determine the effectiveness of 

innovative methods of cooperative education; 

‘‘(2) from the amounts available in each fiscal year under 

section 832(a)(4), for the conduct of training and resource centers designed to— 

‘‘(A) train personnel in the field of cooperative education; 

‘‘(B) improve materials used in cooperative education 

programs if such improvement is conducted in conjunction 

with other activities described in this paragraph; 

‘‘(C) provide technical assistance to institutions of 

higher education to increase the potential of the institution 

to continue to conduct a cooperative education program 

without Federal assistance; 

‘‘(D) encourage model cooperative education programs 

that furnish education and training in occupations in which 

there is a national need; 

‘‘(E) support partnerships under which an institution 

carrying out a comprehensive cooperative education program joins with one or more institutions of higher education 

in order to— 

‘‘(i) assist the institution that is not the institution 

carrying out the cooperative education program to 

develop and expand an existing program of cooperative 

education; or 

‘‘(ii) establish and improve or expand comprehensive cooperative education programs; and 

‘‘(F) encourage model cooperative education programs 

in the fields of science and mathematics for women and 

minorities who are underrepresented in such fields; and 

‘‘(3) from the amounts available in each fiscal year under 

section 832(a)(5), for the conduct of research relating to cooperative education. 

‘‘(b) ADMINISTRATIVE PROVISION.— 

‘‘(1) IN GENERAL.—To carry out this section, the Secretary 

may— 

‘‘(A) make grants to or contracts with institutions of 

higher education or consortia of such institutions; and 

‘‘(B) make grants to or contracts with other public 

or private nonprofit agencies or organizations, whenever 

such grants or contracts will contribute to the objectives 

of this section. 

‘‘(2) LIMITATION.— 

‘‘(A) CONTRACTS WITH INSTITUTIONS OF HIGHER EDUCATION.—The Secretary may use not more than three percent of the amount appropriated to carry out this section 

in each fiscal year to enter into contracts described in 

paragraph (1)(A). 

‘‘(B) CONTRACTS WITH OTHER AGENCIES OR ORGANIZA- TIONS.—The Secretary may use not more than three percent 

20 USC 1161n–3. 


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of the amount appropriated to carry out this section in 

each fiscal year to enter into contracts described in paragraph (1)(B). 

‘‘(c) SUPPLEMENT NOT SUPPLANT.—A recipient of a grant or 

contract under this section may use the funds provided only to 

supplement funds made available from non-Federal sources to carry 

out the activities supported by such grant or contract, and in 

no case to supplant such funds from non-Federal sources. 

‘‘SEC. 835. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated to carry out this 

part such sums as may be necessary for fiscal year 2009 and 

each of the five succeeding fiscal years. 

‘‘PART O—COLLEGE PARTNERSHIP GRANTS 

‘‘SEC. 841. COLLEGE PARTNERSHIP GRANTS AUTHORIZED. 

‘‘(a) GRANTS AUTHORIZED.—From the amount appropriated to 

carry out this section, the Secretary shall award grants to eligible 

partnerships for the purposes of developing and implementing 

articulation agreements. 

‘‘(b) ELIGIBLE PARTNERSHIPS.—For purposes of this part, an 

eligible partnership shall include at least two institutions of higher 

education, or a system of institutions of higher education, and 

may include either or both of the following: 

‘‘(1) A consortia of institutions of higher education. 

‘‘(2) A State higher education agency. 

‘‘(c) PRIORITY.—The Secretary shall give priority to eligible partnerships that— 

‘‘(1) are located in a State that has employed strategies 

described in section 486A(d); or 

‘‘(2) include— 

‘‘(A) one or more junior or community colleges (as 

defined by section 312(f)) that award associate’s degrees; 

and 

‘‘(B) one or more institutions of higher education that 

offer a baccalaureate or post-baccalaureate degree not 

awarded by the institutions described in subparagraph (A) 

with which it is partnered. 

‘‘(d) MANDATORY USE OF FUNDS.—Grants awarded under this 

part shall be used for— 

‘‘(1) the development of policies and programs to expand 

opportunities for students to earn bachelor’s degrees, by facilitating the transfer of academic credits between institutions 

and expanding articulation and guaranteed transfer agreements 

between institutions of higher education, including through 

common course numbering and general education core curriculum; 

‘‘(2) academic program enhancements; and 

‘‘(3) programs to identify and remove barriers that inhibit 

student transfers, including technological and informational 

programs. 

‘‘(e) OPTIONAL USE OF FUNDS.—Grants awarded under this 

part may be used for— 

‘‘(1) support services to students participating in the program, such as tutoring, mentoring, and academic and personal 

counseling; and 

20 USC 1161o. 

20 USC 1161n–4. 


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‘‘(2) any service that facilitates the transition of students 

between the partner institutions. 

‘‘(f) PROHIBITION.—No funds provided under this section shall 

be used to financially compensate an institution for the purposes 

of entering into an articulation agreement or for accepting students 

transferring into such institution. 

‘‘(g) APPLICATIONS.—Any eligible partnership that desires to 

obtain a grant under this section shall submit to the Secretary 

an application at such time, in such manner, and containing such 

information or assurances as the Secretary may require. 

‘‘(h) DEFINITION.—For purposes of this section, the term ‘articulation agreement’ means an agreement between institutions of 

higher education that specifies the acceptability of courses in 

transfer toward meeting specific degree requirements. 

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

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

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

fiscal years. 

‘‘PART P—JOBS TO CAREERS 

‘‘SEC. 851. GRANTS TO CREATE BRIDGES FROM JOBS TO CAREERS. 

‘‘(a) PURPOSE.—The purpose of this section is to provide grants 

on a competitive basis to institutions of higher education for the 

purpose of improving developmental education to help students 

move more rapidly into for-credit occupational courses and into 

better jobs that may require a certificate or degree. 

‘‘(b) AUTHORIZATION OF PROGRAM.—From amounts appropriated 

to carry out this section, the Secretary shall award grants, on 

a competitive basis, to institutions of higher education, as defined 

in section 101(a), to create workforce bridge programs between 

developmental courses and for-credit courses in occupational certificate programs that are articulated to degree programs. Such 

workforce bridge programs shall focus on— 

‘‘(1) improving developmental education, including English 

language instruction, by customizing developmental education 

to student career goals; and 

‘‘(2) helping students move rapidly from developmental 

coursework into for-credit occupational courses and through 

program completion. 

‘‘(c) APPLICATION.—An institution of higher education desiring 

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

‘‘(d) PRIORITIES.—The Secretary shall give priority to applications that— 

‘‘(1) are from institutions of higher education in which 

not less than 50 percent of the institution’s entering firstyear students who are subject to mandatory assessment are 

assessed as needing developmental courses to bring reading, 

writing, or mathematics skills up to college level; and 

‘‘(2) propose to replicate practices that have proven effective 

with adults, or propose to collaborate with adult education 

providers. 

‘‘(e) REQUIRED ACTIVITY.—An institution of higher education 

that receives a grant under this section shall use the grant funds 

to create workforce bridge programs to customize developmental 

Grants. 

20 USC 1161p. 


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education curricula, including English language instruction, to 

reflect the content of for-credit occupational certificate or degree 

programs, or clusters of such programs, in which developmental 

education students are enrolled or plan to enroll. Such workforce 

bridge programs shall integrate the curricula and the instruction 

of the developmental and college-level coursework. 

‘‘(f) PERMISSIBLE ACTIVITIES.—An institution of higher education that receives a grant under this section may use the grant 

funds to carry out one or more of the following activities: 

‘‘(1) Designing and implementing innovative ways to 

improve retention in and completion of developmental education 

courses, including enrolling students in cohorts, accelerating 

course content, dually enrolling students in developmental and 

college-level courses, tutoring, providing counseling and other 

supportive services, and giving small, material incentives for 

attendance and performance. 

‘‘(2) In consultation with faculty in the appropriate departments, reconfiguring courses offered on-site during standard 

academic terms for modular, compressed, or other alternative 

schedules, or for distance-learning formats, to meet the needs 

of working adults. 

‘‘(3) Developing counseling strategies that address the 

needs of students in remedial education courses, and including 

counseling students on career options and the range of programs available, such as certificate programs that are articulated to degree programs and programs designed to facilitate 

transfer to four-year institutions of higher education. 

‘‘(4) Improving the quality of teaching in remedial courses 

through professional development, reclassification of such 

teaching positions, or other means the institution of higher 

education determines appropriate. 

‘‘(5) Any other activities the institution of higher education 

and the Secretary determine will promote retention of, and 

completion by, students attending institutions of higher education. 

‘‘(g) GRANT PERIOD.—Grants made under this section shall be 

for a period of not less than three years and not more than five 

years. 

‘‘(h) TECHNICAL ASSISTANCE.—The Secretary shall provide technical assistance to recipients of, and applicants for, grants under 

this section. 

‘‘(i) REPORT AND SUMMARY.—Each institution of higher education that receives a grant under this section shall report to 

the Secretary on the effectiveness of the program in enabling students to move rapidly from developmental coursework into forcredit occupational courses and through program completion. The 

Secretary shall summarize the reports, identify best practices, and 

disseminate the information from such summary and identification 

to the public. 

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

to carry out this section such sums as may be necessary for fiscal 

year 2009 and each of the five succeeding fiscal years. 


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PUBLIC LAW 110–315—AUG. 14, 2008 122 STAT. 3423 

‘‘PART Q—RURAL DEVELOPMENT GRANTS FOR 

RURAL-SERVING COLLEGES AND UNIVERSITIES 

‘‘SEC. 861. GRANTS TO RURAL-SERVING INSTITUTIONS OF HIGHER 

EDUCATION. 

‘‘(a) PURPOSES.—The purposes of this section are— 

‘‘(1) to increase enrollment and graduation rates of secondary school graduates and nontraditional students from rural 

areas at two-year and four-year institutions of higher education, 

and their articulation from two-year degree programs into fouryear degree programs; and 

‘‘(2) to promote economic growth and development in rural 

America through partnership grants to consortia of ruralserving institutions of higher education, local educational agencies, and regional employers. 

‘‘(b) DEFINITIONS.—For the purposes of this section: 

‘‘(1) RURAL-SERVING INSTITUTION OF HIGHER EDUCATION.— 

The term ‘rural-serving institution of higher education’ means 

an institution of higher education that primarily serves rural 

areas. 

‘‘(2) RURAL AREA.—The term ‘rural area’ means an area 

that is defined, identified, or otherwise recognized as rural 

by a governmental agency of the State in which the area 

is located. 

‘‘(3) NONTRADITIONAL STUDENT.—The term ‘nontraditional 

student’ means an individual who— 

‘‘(A) delays enrollment in an institution of higher education by three or more years after secondary school 

graduation; 

‘‘(B) attends an institution of higher education parttime; or 

‘‘(C) attends an institution of higher education and— 

‘‘(i) works full-time; 

‘‘(ii) is an independent student, as defined in section 480; 

‘‘(iii) has one or more dependents other than a 

spouse; 

‘‘(iv) is a single parent; or 

‘‘(v) does not have a secondary school diploma or 

the recognized equivalent of such a diploma. 

‘‘(4) REGIONAL EMPLOYER.—The term ‘regional employer’ 

means an employer within a rural area. 

‘‘(c) PARTNERSHIP.— 

‘‘(1) REQUIRED PARTNERS.—A rural-serving institution of 

higher education, or a consortium of rural-serving institutions 

of higher education, that receives a grant under this section 

shall carry out the activities of the grant in partnership with— 

‘‘(A) one or more local educational agencies serving 

a rural area; and 

‘‘(B) one or more regional employers or local boards 

(as such term is defined in section 101 of the Workforce 

Investment Act of 1998 (29 U.S.C. 2801)) serving a rural 

area. 

‘‘(2) OPTIONAL PARTNERS.—A rural-serving institution of 

higher education, or a consortium of rural-serving institutions 

20 USC 1161q. 


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of higher education, that receives a grant under this section, 

may carry out the activities of the grant in partnership with— 

‘‘(A) an educational service agency (as defined in section 9101 of the Elementary and Secondary Education Act 

of 1965); or 

‘‘(B) a nonprofit organization with demonstrated expertise in rural education at the secondary and postsecondary 

levels. 

‘‘(d) GRANTS AUTHORIZED.— 

‘‘(1) IN GENERAL.—From amounts made available under 

subsection (g), the Secretary is authorized to award grants, 

on a competitive basis, to eligible rural-serving institutions 

of higher education or a consortium of such institutions, to 

carry out the activities described in subsection (f). 

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

be awarded for a period not to exceed three years. 

‘‘(3) MAXIMUM AND MINIMUM GRANTS.—No grant awarded 

under this section shall be less than $200,000. 

‘‘(4) SPECIAL CONSIDERATIONS.—In awarding grants under 

this section, the Secretary shall give special consideration to 

applications that demonstrate the most potential and propose 

the most promising and innovative approaches for— 

‘‘(A) increasing the percentage of graduates of rural 

secondary schools attending rural-serving institutions of 

higher education; 

‘‘(B) meeting the employment needs of regional 

employers with graduates of rural-serving institutions of 

higher education; and 

‘‘(C) improving the health of the regional economy of 

a rural area through a partnership of local educational 

agencies serving the rural area, rural-serving institutions 

of higher education, and regional employers. 

‘‘(5) LIMITATION.—A rural-serving institution of higher education shall not receive more than one grant under this section. 

‘‘(e) APPLICATIONS.—Each rural-serving institution of higher 

education desiring a grant under this section shall submit to the 

Secretary an application at such time, in such manner, and containing such information as the Secretary may reasonably require. 

‘‘(f) REQUIRED USE OF FUNDS.—A rural-serving institution of 

higher education that receives a grant under this section shall 

use grant funds for at least three of the following four purposes: 

‘‘(1) To improve postsecondary enrollment rates for rural 

secondary school students at rural-serving institutions of higher 

education, which may include— 

‘‘(A) programs to provide students and families with 

counseling related to applying for postsecondary education, 

and Federal and State financial assistance for postsecondary education; 

‘‘(B) programs that provide students and families of 

rural high schools access and exposure to campuses, 

classes, programs, and internships of rural-serving institutions of higher education, including covering the cost of 

transportation to and from such institutions; and 

‘‘(C) other initiatives that assist students and families 

in applying for and developing interest in attending ruralserving institutions of higher education. 

Rural areas. 


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‘‘(2) To increase enrollment rates of nontraditional students 

in degree programs at rural-serving institutions of higher education, which may include— 

‘‘(A) programs to provide nontraditional students with 

counseling related to applying for postsecondary education, 

and Federal and State financial assistance for postsecondary education; 

‘‘(B) community outreach initiatives to encourage nontraditional students to enroll in a rural-serving institution 

of higher education; and 

‘‘(C) programs to improve the enrollment of nontraditional students in two-year degree programs and the transition of nontraditional students articulating from two-year 

degree programs to four-year degree programs. 

‘‘(3) To create or strengthen academic programs at ruralserving institutions of higher education to prepare graduates 

to enter into high-need occupations in the regional and local 

economies. 

‘‘(4) To provide additional career training to students of 

rural-serving institutions of higher education in fields relevant 

to the regional economy. 

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

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

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

fiscal years. 

‘‘PART R—CAMPUS-BASED DIGITAL THEFT 

PREVENTION 

‘‘SEC. 871. CAMPUS-BASED DIGITAL THEFT PREVENTION. 

‘‘(a) PROGRAM AUTHORITY.—From the amounts appropriated 

under subsection (d), the Secretary may make grants to institutions 

of higher education, or consortia of such institutions, and enter 

into contracts with such institutions, consortia, and other organizations, to develop, implement, operate, improve, and disseminate 

programs of prevention, education, and cost-effective technological 

solutions, to reduce and eliminate the illegal downloading and distribution of intellectual property. Such grants or contracts may 

also be used for the support of higher education centers that will 

provide training, technical assistance, evaluation, dissemination, 

and associated services and assistance to the higher education 

community as determined by the Secretary and institutions of 

higher education. 

‘‘(b) AWARDS.—Grants and contracts shall be awarded under 

this section on a competitive basis. 

‘‘(c) APPLICATIONS.—An institution of higher education or a 

consortium of such institutions that desires to receive a grant 

or contract under this section shall submit an application to the 

Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require 

by regulation. 

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

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

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

fiscal years. 

Regulations. 

Grants. 

Contracts. 

20 USC 1161r. 


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122 STAT. 3426 PUBLIC LAW 110–315—AUG. 14, 2008 

‘‘PART S—TRAINING FOR REALTIME WRITERS 

‘‘SEC. 872. PROGRAM TO PROMOTE TRAINING AND JOB PLACEMENT 

OF REALTIME WRITERS. 

‘‘(a) AUTHORIZATION OF GRANT PROGRAM.— ‘‘(1) IN GENERAL.—From the amounts appropriated to carry 

out this section, the Secretary shall award grants, on a competitive basis, to eligible entities under paragraph (2) to promote 

training and placement of individuals, including individuals 

who have completed a court reporting training program, as 

realtime writers in order to meet the requirements for closed 

captioning of video programming set forth in section 713 of 

the Communications Act of 1934 (47 U.S.C. 613) and the rules 

prescribed thereunder. 

‘‘(2) ELIGIBLE ENTITIES.—For purposes of this section, an 

eligible entity is a court reporting program that— 

‘‘(A) has a curriculum capable of training realtime 

writers qualified to provide captioning services; 

‘‘(B) is accredited by an accrediting agency or association recognized by the Secretary; and 

‘‘(C) is participating in student aid programs under 

title IV. 

‘‘(3) PRIORITY IN GRANTS.—In determining whether to make 

grants under this section, the Secretary shall give a priority 

to eligible entities that, as determined by the Secretary— 

‘‘(A) possess the most substantial capability to increase 

their capacity to train realtime writers; 

‘‘(B) demonstrate the most promising collaboration with 

educational institutions, businesses, labor organizations, 

or other community groups having the potential to train 

or provide job placement assistance to realtime writers; 

or 

‘‘(C) propose the most promising and innovative 

approaches for initiating or expanding training or job placement assistance efforts with respect to realtime writers. 

‘‘(4) DURATION OF GRANT.—A grant under this section shall 

be for a period of up to five years. 

‘‘(5) MAXIMUM AMOUNT OF GRANT.—The amount of a grant 

provided under this subsection to an eligible entity may not 

exceed $1,500,000 for the period of the grant. 

‘‘(b) APPLICATION.— 

‘‘(1) IN GENERAL.—To receive a grant under subsection (a), 

an eligible entity shall submit an application to the Secretary 

at such time and in such manner as the Secretary may require. 

The application shall contain the information set forth under 

paragraph (2). 

‘‘(2) INFORMATION.—Information in the application of an 

eligible entity for a grant under subsection (a) shall include 

the following: 

‘‘(A) A description of the training and assistance to 

be funded using the grant amount, including how such 

training and assistance will increase the number of 

realtime writers. 

‘‘(B) A description of performance measures to be utilized to evaluate the progress of individuals receiving such 

training and assistance in matters relating to enrollment, 

completion of training, and job placement and retention. 

Grants. 

20 USC 1161s. 


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‘‘(C) A description of the manner in which the eligible 

entity will ensure that recipients of scholarships, if any, 

funded by the grant will be employed and retained as 

realtime writers. 

‘‘(D) A description of the manner in which the eligible 

entity intends to continue providing the training and assistance to be funded by the grant after the end of the grant 

period, including any partnerships or arrangements established for that purpose. 

‘‘(E) A description of how the eligible entity will work 

with local boards (as defined in section 101 of the Workforce 

Investment Act of 1998 (29 U.S.C. 2801)) to ensure that 

training and assistance to be funded with the grant will 

further local workforce goals, including the creation of educational opportunities for individuals who are from 

economically disadvantaged backgrounds or are displaced 

workers. 

‘‘(F) Additional information, if any, on the eligibility 

of the eligible entity for priority in the making of grants 

under subsection (a)(3). 

‘‘(G) Such other information as the Secretary may 

require. 

‘‘(c) USE OF FUNDS.— 

‘‘(1) IN GENERAL.—An eligible entity receiving a grant under 

subsection (a) shall use the grant amount for purposes relating 

to the recruitment, training and assistance, and job placement 

of individuals, including individuals who have completed a court 

reporting training program, as realtime writers, including— 

‘‘(A) recruitment; 

‘‘(B) subject to paragraph (2), the provision of scholarships; 

‘‘(C) distance learning; 

‘‘(D) further developing and implementing both English 

and Spanish curricula to more effectively train individuals 

in realtime writing skills, and education in the knowledge 

necessary for the delivery of high quality closed captioning 

services; 

‘‘(E) mentoring students to ensure successful completion of the realtime training and providing assistance in 

job placement; 

‘‘(F) encouraging individuals with disabilities to pursue 

a career in realtime writing; and 

‘‘(G) the employment and payment of personnel for 

the purposes described in this paragraph. 

‘‘(2) SCHOLARSHIPS.— 

‘‘(A) AMOUNT.—The amount of a scholarship under 

paragraph (1)(B) shall be based on the amount of need 

of the scholarship recipient for financial assistance, as 

determined in accordance with part F of title IV. 

‘‘(B) AGREEMENT.—Each recipient of a scholarship 

under paragraph (1)(B) shall enter into an agreement with 

the school in which the recipient is enrolled to provide 

realtime writing services for the purposes described in subsection (a)(1) for a period of time appropriate (as determined by the Secretary) for the amount of the scholarship 

received. 


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‘‘(C) COURSEWORK AND EMPLOYMENT.—The Secretary 

shall establish requirements for coursework and employment for recipients of scholarships under paragraph (1)(B), 

including requirements for repayment of scholarship 

amounts in the event of failure to meet such requirements 

for coursework and employment. The Secretary may waive, 

in whole or in part, the requirements for repayment of 

scholarship amounts on the basis of economic conditions 

which may affect the ability of scholarship recipients to 

find work as realtime writers. 

‘‘(3) ADMINISTRATIVE COSTS.—The recipient of a grant under 

this section may not use more than five percent of the grant 

amount to pay administrative costs associated with activities 

funded by the grant. The Secretary shall use not more than 

five percent of the amount available for grants under this 

section in any fiscal year for administrative costs of the program. 

‘‘(4) SUPPLEMENT NOT SUPPLANT.—Grant amounts under 

this section shall supplement and not supplant other Federal 

or non-Federal funds of the grant recipient for purposes of 

promoting the training and placement of individuals as realtime 

writers. 

‘‘(d) REPORT.— ‘‘(1) IN GENERAL.—Each eligible entity receiving a grant 

under subsection (a) shall submit to the Secretary, at the end 

of the grant period, a report on the activities of such entity 

with respect to the use of grant amounts during the grant 

period. 

‘‘(2) REPORT INFORMATION.—Each report of an eligible 

entity under paragraph (1) shall include— 

‘‘(A) an assessment by the entity of the effectiveness 

of activities carried out using such funds in increasing 

the number of realtime writers, using the performance 

measures submitted by the eligible entity in the application 

for the grant under subsection (b)(2); and 

‘‘(B) a description of the best practices identified by 

the eligible entity for increasing the number of individuals 

who are trained, employed, and retained in employment 

as realtime writers. 

‘‘(3) SUMMARIES.—The Secretary shall summarize the 

reports submitted under paragraph (2) and make such summary 

available on the Department’s website. 

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

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

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

fiscal years. 

‘‘PART T—CENTERS OF EXCELLENCE FOR 

VETERAN STUDENT SUCCESS 

‘‘SEC. 873. MODEL PROGRAMS FOR CENTERS OF EXCELLENCE FOR 

VETERAN STUDENT SUCCESS. 

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

model programs to support veteran student success in postsecondary 

education by coordinating services to address the academic, financial, physical, and social needs of veteran students. 

‘‘(b) GRANTS AUTHORIZED.— 

20 USC 1161t. 

Waiver authority. 


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PUBLIC LAW 110–315—AUG. 14, 2008 122 STAT. 3429 

‘‘(1) IN GENERAL.—Subject to the availability of appropriations under subsection (f), the Secretary shall award grants 

to institutions of higher education to develop model programs 

to support veteran student success in postsecondary education. 

‘‘(2) GRANT PERIOD.—A grant awarded under this section 

shall be awarded for a period of three years. 

‘‘(c) USE OF GRANTS.— ‘‘(1) REQUIRED ACTIVITIES.—An institution of higher education receiving a grant under this section shall use such grant 

to carry out a model program that includes— 

‘‘(A) establishing a Center of Excellence for Veteran 

Student Success on the campus of the institution to provide 

a single point of contact to coordinate comprehensive support services for veteran students; 

‘‘(B) establishing a veteran student support team, 

including representatives from the offices of the institution 

responsible for admissions, registration, financial aid, veterans benefits, academic advising, student health, personal 

or mental health counseling, career advising, disabilities 

services, and any other office of the institution that provides support to veteran students on campus; 

‘‘(C) providing a coordinator whose primary responsibility is to coordinate the model program carried out under 

this section; 

‘‘(D) monitoring the rates of veteran student enrollment, persistence, and completion; and 

‘‘(E) developing a plan to sustain the Center of Excellence for Veteran Student Success after the grant period. 

‘‘(2) OTHER AUTHORIZED ACTIVITIES.—An institution of 

higher education receiving a grant under this section may 

use such grant to carry out any of the following activities 

with respect to veteran students: 

‘‘(A) Outreach and recruitment of such students. 

‘‘(B) Supportive instructional services for such students, which may include— 

‘‘(i) personal, academic, and career counseling, as 

an ongoing part of the program; 

‘‘(ii) tutoring and academic skill-building instruction assistance, as needed; and 

‘‘(iii) assistance with special admissions and 

transfer of credit from previous postsecondary education or experience. 

‘‘(C) Assistance in obtaining student financial aid. 

‘‘(D) Housing support for veteran students living in 

institutional facilities and commuting veteran students. 

‘‘(E) Cultural events, academic programs, orientation 

programs, and other activities designed to ease the transition to campus life for veteran students. 

‘‘(F) Support for veteran student organizations and veteran student support groups on campus. 

‘‘(G) Coordination of academic advising and admissions 

counseling with military bases and national guard units 

in the area. 

‘‘(H) Other support services the institution determines 

to be necessary to ensure the success of veterans in 

achieving educational and career goals. 

‘‘(d) APPLICATION; SELECTION.— 

Establishment. 


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

section, an institution of higher education shall submit to the 

Secretary an application at such time, in such manner, and 

accompanied by such information as the Secretary may require. 

‘‘(2) SELECTION CONSIDERATIONS.—In awarding grants 

under this section, the Secretary shall consider— 

‘‘(A) the number of veteran students enrolled at an 

institution of higher education; and 

‘‘(B) the need for model programs to address the needs 

of veteran students at a wide range of institutions of higher 

education, including the need to provide— 

‘‘(i) an equitable distribution of such grants to 

institutions of higher education of various types and 

sizes; 

‘‘(ii) an equitable geographic distribution of such 

grants; and 

‘‘(iii) an equitable distribution of such grants 

among rural and urban areas. 

‘‘(e) EVALUATION AND ACCOUNTABILITY PLAN.—The Secretary 

shall develop an evaluation and accountability plan for model programs funded under this section to objectively measure the impact 

of such programs, including a measure of whether postsecondary 

education enrollment, persistence, and completion for veterans 

increases as a result of such programs. 

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

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

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

fiscal years. 

‘‘PART U—UNIVERSITY SUSTAINABILITY 

PROGRAMS 

‘‘SEC. 881. SUSTAINABILITY PLANNING GRANTS AUTHORIZED. 

‘‘(a) PROGRAM AUTHORIZED.— ‘‘(1) IN GENERAL.—From the amounts appropriated to carry 

out this section, the Secretary, in consultation with the 

Administrator of the Environmental Protection Agency, shall 

make grants to eligible entities to establish sustainability programs to design and implement sustainability practices, 

including in the areas of energy management, greenhouse gas 

emissions reductions, green building, waste management, purchasing, transportation, and toxics management, and other 

aspects of sustainability that integrate campus operations with 

multidisciplinary academic programs and are applicable to the 

private and government sectors. 

‘‘(2) PERIOD OF GRANT.—The provision of payments under 

a grant under paragraph (1) shall extend over a period of 

not more than four fiscal years. 

‘‘(3) DEFINITION OF ELIGIBLE ENTITY.—For purposes of this 

part, the term ‘eligible entity’ means— 

‘‘(A) an institution of higher education; or 

‘‘(B) a nonprofit consortium, association, alliance, or 

collaboration operating in partnership with one or more 

institutions of higher education that received funds for 

the implementation of work associated with sustainability 

programs under this part. 

‘‘(b) APPLICATIONS.— 

Grants. 

20 USC 1161u. 


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‘‘(1) IN GENERAL.—To receive a grant under subsection 

(a)(1), an eligible entity shall submit an application to the 

Secretary at such time, in such form, and containing such 

information as the Secretary may reasonably require. 

‘‘(2) ASSURANCES.—Such application shall include assurances that the eligible entity— 

‘‘(A) has developed a plan, including an evaluation 

component, for the program component established pursuant to subsection (c); 

‘‘(B) shall use Federal funds received from a grant 

under subsection (a) to supplement, not supplant, nonFederal funds that would otherwise be available for projects 

funded under this section; 

‘‘(C) shall provide, with respect to any fiscal year in 

which such entity receives funds from a grant under subsection (a)(1), non-Federal funds or an in-kind contribution 

in an amount equal to 20 percent of funds from such 

grant, for the purpose of carrying out the program component established pursuant to subsection (c); and 

‘‘(D) shall collaborate with business, government, and 

the nonprofit sectors in the development and implementation of its sustainability plan. 

‘‘(c) USE OF FUNDS.— 

‘‘(1) INDIVIDUAL INSTITUTIONS.—Grants made under subsection (a) may be used by an eligible entity that is an individual institution of higher education for the following purposes: 

‘‘(A) To develop and implement administrative and 

operations practices at an institution of higher education 

that test, model, and analyze principles of sustainability. 

‘‘(B) To establish multidisciplinary education, research, 

and outreach programs at an institution of higher education 

that address the environmental, social, and economic 

dimensions of sustainability. 

‘‘(C) To support research and teaching initiatives that 

focus on multidisciplinary and integrated environmental, 

economic, and social elements. 

‘‘(D) To establish initiatives in the areas of energy 

management, greenhouse gas emissions reductions, green 

building, waste management, purchasing, toxics management, transportation, and other aspects of sustainability. 

‘‘(E) To support student, faculty, and staff work at 

an institution of higher education to implement, research, 

and evaluate sustainable practices. 

‘‘(F) To expand sustainability literacy on campus. 

‘‘(G) To integrate sustainability curricula in all programs of instruction, particularly in business, architecture, 

technology, manufacturing, engineering, and science programs. 

‘‘(2) PARTNERSHIPS.—Grants made under subsection (a) 

may be used by an eligible entity that is a nonprofit consortium, 

association, alliance, or collaboration operating in partnership 

with one or more institutions of higher education for the following purposes: 

‘‘(A) To conduct faculty, staff and administrator 

training on the subjects of sustainability and institutional 

change. 


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122 STAT. 3432 PUBLIC LAW 110–315—AUG. 14, 2008 

‘‘(B) To compile, evaluate, and disseminate best practices, case studies, guidelines and standards regarding 

sustainability. 

‘‘(C) To conduct efforts to engage external stakeholders 

such as business, alumni, and accrediting agencies in the 

process of building support for research, education, and 

technology development for sustainability. 

‘‘(D) To conduct professional development programs for 

faculty in all disciplines to enable faculty to incorporate 

sustainability content in their courses. 

‘‘(E) To create the analytical tools necessary for institutions of higher education to assess and measure their individual progress toward fully sustainable campus operations 

and fully integrating sustainability into the curriculum. 

‘‘(F) To develop educational benchmarks for institutions 

of higher education to determine the necessary rigor and 

effectiveness of academic sustainability programs. 

‘‘(d) REPORTS.—An eligible entity that receives a grant under 

subsection (a) shall submit to the Secretary, for each fiscal year 

in which the entity receives amounts from such grant, a report 

that describes the work conducted pursuant to subsection (c), 

research findings and publications, administrative savings experienced, and an evaluation of the program. 

‘‘(e) ALLOCATION REQUIREMENT.—The Secretary may not make 

grants under subsection (a) to any eligible entity in a total amount 

that is less than $250,000 or more than $2,000,000. 

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

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

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

fiscal years. 

‘‘PART V—MODELING AND SIMULATION 

PROGRAMS 

‘‘SEC. 891. MODELING AND SIMULATION. 

‘‘(a) PURPOSE; DEFINITION.— ‘‘(1) PURPOSE.—The purpose of this section is to promote 

the study of modeling and simulation at institutions of higher 

education, through the collaboration with new and existing 

programs, and specifically to promote the use of technology 

in such study through the creation of accurate models that 

can simulate processes or recreate real life, by— 

‘‘(A) establishing a task force at the Department of 

Education to raise awareness of and define the study of 

modeling and simulation; 

‘‘(B) providing grants to institutions of higher education 

to develop new modeling and simulation degree programs; 

and 

‘‘(C) providing grants for institutions of higher education to enhance existing modeling and simulation degree 

programs. 

‘‘(2) DEFINITION.—In this section, the term ‘modeling and 

simulation’ means a field of study related to the application 

of computer science and mathematics to develop a level of 

understanding of the interaction of the parts of a system and 

of a system as a whole. 

‘‘(b) ESTABLISHMENT OF TASK FORCE.— 

20 USC 1161v. 


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‘‘(1) IN GENERAL.—Subject to the availability of appropriations, the Secretary shall establish a task force within the 

Department to study modeling and simulation and to support 

the development of the modeling and simulation field. The 

activities of such task force shall include— 

‘‘(A) helping to define the study of modeling and simulation (including the content of modeling and simulation 

classes and programs); 

‘‘(B) identifying best practices for such study; 

‘‘(C) identifying core knowledge and skills that individuals who participate in modeling and simulation programs 

should acquire; and 

‘‘(D) providing recommendations to the Secretary with 

respect to— 

‘‘(i) the information described in subparagraphs 

(A) through (C); and 

‘‘(ii) a system by which grants under this section 

will be distributed. 

‘‘(2) TASK FORCE MEMBERSHIP.—The membership of the 

task force under this subsection shall be composed of representatives from— 

‘‘(A) institutions of higher education with established 

modeling and simulation degree programs; 

‘‘(B) the National Science Foundation; 

‘‘(C) Federal Government agencies that use modeling 

and simulation extensively, including the Department of 

Defense, the National Institutes of Health, the Department 

of Homeland Security, the Department of Health and 

Human Services, the Department of Energy, and the 

Department of Transportation; 

‘‘(D) private industries with a primary focus on modeling and simulation; 

‘‘(E) national modeling and simulation organizations; 

and 

‘‘(F) the Office of Science and Technology Policy. 

‘‘(c) ENHANCING MODELING AND SIMULATION AT INSTITUTIONS

OF HIGHER EDUCATION.— 

‘‘(1) ENHANCEMENT GRANTS AUTHORIZED.— 

‘‘(A) IN GENERAL.—The Secretary is authorized to 

award grants, on a competitive basis, to eligible institutions 

to enhance modeling and simulation degree programs at 

such eligible institutions. 

‘‘(B) DURATION OF GRANT.—A grant awarded under 

this subsection shall be awarded for a three-year period, 

and such grant period may be extended for not more than 

two years if the Secretary determines that an eligible 

institution has demonstrated success in enhancing the modeling and simulation degree program at such eligible 

institution. 

‘‘(C) MINIMUM GRANT AMOUNT.—Subject to the availability of appropriations, a grant awarded to an eligible 

institution under this subsection shall not be less than 

$750,000. 

‘‘(D) NON-FEDERAL SHARE.—Each eligible institution 

receiving a grant under this subsection shall provide, from 

non-Federal sources, in cash or in-kind, an amount equal 

to 25 percent of the amount of the grant to carry out 


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the activities supported by the grant. The Secretary may 

waive the non-Federal share requirement under this 

subparagraph for an eligible institution if the Secretary 

determines a waiver to be appropriate based on the financial ability of the institution. 

‘‘(2) ELIGIBLE INSTITUTIONS.—For the purposes of this subsection, an eligible institution is an institution of higher education that— 

‘‘(A) has an established modeling and simulation degree 

program, including a major, minor, or career-track program; or 

‘‘(B) has an established modeling and simulation certificate or concentration program. 

‘‘(3) APPLICATION.—To be considered for a grant under this 

subsection, an eligible institution shall submit to the Secretary 

an application at such time, in such manner, and containing 

such information as the Secretary may require. Such application shall include— 

‘‘(A) a letter from the president or provost of the eligible 

institution that demonstrates the institution’s commitment 

to the enhancement of the modeling and simulation program at the institution of higher education; 

‘‘(B) an identification of designated faculty responsible 

for the enhancement of the institution’s modeling and simulation program; and 

‘‘(C) a detailed plan for how the grant funds will be 

used to enhance the modeling and simulation program 

of the institution. 

‘‘(4) USES OF FUNDS.—A grant awarded under this subsection shall be used by an eligible institution to carry out 

the plan developed in accordance with paragraph (3)(C) to 

enhance modeling and simulation programs at the institution, 

which may include— 

‘‘(A) in the case of an institution that is eligible under 

paragraph (2)(B), activities to assist in the establishment 

of a major, minor, or career-track modeling and simulation 

program at the eligible institution; 

‘‘(B) expanding the multidisciplinary nature of the 

institution’s modeling and simulation programs; 

‘‘(C) recruiting students into the field of modeling and 

simulation through the provision of fellowships or 

assistantships; 

‘‘(D) creating new courses to complement existing 

courses and reflect emerging developments in the modeling 

and simulation field; 

‘‘(E) conducting research to support new methodologies 

and techniques in modeling and simulation; and 

‘‘(F) purchasing equipment necessary for modeling and 

simulation programs. 

‘‘(d) ESTABLISHING MODELING AND SIMULATION PROGRAMS.— 

‘‘(1) ESTABLISHMENT GRANTS AUTHORIZED.— ‘‘(A) IN GENERAL.—The Secretary is authorized to 

award grants to institutions of higher education to establish 

a modeling and simulation program, including a major, 

minor, career-track, certificate, or concentration program. 

‘‘(B) DURATION OF GRANT.—A grant awarded under 

this subsection shall be awarded for a three-year period, 


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and such grant period may be extended for not more than 

two years if the Secretary determines that an eligible 

institution has demonstrated success in establishing a modeling and simulation degree program at such eligible 

institution. 

‘‘(C) MINIMUM GRANT AMOUNT.—Subject to the availability of appropriations, a grant awarded to an eligible 

institution under this subsection shall not be less than 

$750,000. 

‘‘(D) NON-FEDERAL SHARE.—Each eligible institution 

receiving a grant under this subsection shall provide, from 

non-Federal sources, in cash or in-kind, an amount equal 

to 25 percent of the amount of the grant to carry out 

the activities supported by the grant. The Secretary may 

waive the non-Federal share requirement under this 

subparagraph for an eligible institution if the Secretary 

determines a waiver to be appropriate based on the financial ability of the institution. 

‘‘(2) APPLICATION.—To apply for a grant under this subsection, an eligible institution shall submit to the Secretary 

an application at such time, in such manner, and containing 

such information as the Secretary may require. Such application shall include— 

‘‘(A) a letter from the president or provost of the eligible 

institution that demonstrates the institution’s commitment 

to the establishment of a modeling and simulation program 

at the institution of higher education; 

‘‘(B) a detailed plan for how the grant funds will be 

used to establish a modeling and simulation program at 

the institution; and 

‘‘(C) a description of how the modeling and simulation 

program established under this subsection will complement 

existing programs and fit into the institution’s current program and course offerings. 

‘‘(3) USES OF FUNDS.—A grant awarded under this subsection may be used by an eligible institution to— 

‘‘(A) establish, or work toward the establishment of, 

a modeling and simulation program, including a major, 

minor, career-track, certificate, or concentration program 

at the eligible institution; 

‘‘(B) provide adequate staffing to ensure the successful 

establishment of the modeling and simulation program, 

which may include the assignment of full-time dedicated 

or supportive faculty; and 

‘‘(C) purchase equipment necessary for a modeling and 

simulation program. 

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

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

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

fiscal years. Of the amounts authorized to be appropriated for 

each fiscal year— ‘‘(1) $1,000,000 is authorized to carry out the activities 

of the task force established pursuant to subsection (b); and 

‘‘(2) of the amount remaining after the allocation for paragraph (1)— 

‘‘(A) 50 percent is authorized to carry out the grant 

program under subsection (c); and 


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‘‘(B) 50 percent is authorized to carry out the grant 

program under subsection (d). 

‘‘PART W—PATH TO SUCCESS 

‘‘SEC. 892. PATH TO SUCCESS. 

‘‘(a) PURPOSE.—The purpose of this section is to encourage 

community supported programs that— 

‘‘(1) leverage and enhance community support for at-risk 

young adults by facilitating the transition of such young adults 

who are eligible individuals into productive learning environments where such young adults can obtain the life, social, 

academic, career, and technical skills and credentials necessary 

to strengthen the Nation’s workforce; 

‘‘(2) provide counseling, as appropriate, for eligible individuals participating in the programs to allow the eligible individuals to build a relationship with one or more guidance counselors during the period that the individuals are enrolled in 

the programs, including providing referrals and connections 

to community resources that help eligible individuals transition 

back into the community with the necessary life, social, academic, career, and technical skills after being in detention, 

or incarcerated, particularly resources related to health, 

housing, job training, and workplace readiness; 

‘‘(3) provide training and education for eligible individuals 

participating in the programs, to allow such individuals to 

assist community officials and law enforcement agencies with 

the deterrence and prevention of gang and youth violence by 

participating in seminars, training, and workshops throughout 

the community; and 

‘‘(4) provide each eligible individual participating in the 

programs with individual attention based on a curriculum that 

matches the interests and abilities of the individual to the 

resources of the program. 

‘‘(b) REENTRY EDUCATION PROGRAM.— 

‘‘(1) GRANT PROGRAM ESTABLISHED.—From the amounts 

appropriated under subsection (g), the Secretary is authorized 

to award grants to community colleges to enter into and maintain partnerships with juvenile detention centers and secure 

juvenile justice residential facilities to provide assistance, services, and education to eligible individuals who reenter the 

community and pursue, in accordance with the requirements 

of this section, at least one of the following: 

‘‘(A) A certificate of completion for a specialized area 

of study, such as career and technical training and other 

alternative postsecondary educational programs. 

‘‘(B) An associate’s degree. 

‘‘(2) GRANT PERIOD.—A grant awarded under this part shall 

be for one four-year period, and may be renewed for an additional period as the Secretary determines to be appropriate. 

‘‘(3) APPLICATION.—A community college desiring to receive 

a grant under this section shall submit an application to the 

Secretary at such time, in such manner, and containing such 

information as the Secretary shall require. Such application 

shall include— 

‘‘(A) an assessment of the existing community resources 

available to serve at-risk youth; 

20 USC 1161w. 


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‘‘(B) a detailed description of the program and activities 

the community college will carry out with such grant; and 

‘‘(C) a proposed budget describing how the community 

college will use the funds made available by such grant. 

‘‘(4) PRIORITY.—In awarding grants under this part, the 

Secretary shall give priority to community colleges that propose 

to serve the highest number of priority individuals, and, among 

such community colleges, shall give priority to community colleges that the Secretary determines will best carry out the 

purposes of this part, based on the applications submitted 

in accordance with paragraph (3). 

‘‘(c) ALLOWABLE USES OF FUNDS.—A community college 

awarded a grant under this part may use such grant to— 

‘‘(1) pay for tuition and transportation costs of eligible 

individuals; 

‘‘(2) establish and carry out an education program that 

includes classes for eligible individuals that— 

‘‘(A) provide marketable life and social skills to such 

individuals; 

‘‘(B) meet the education program requirements under 

subsection (d), including as appropriate, courses necessary 

for the completion of a secondary school diploma or the 

recognized equivalent; 

‘‘(C) promote the civic engagement of such individuals; 

and 

‘‘(D) facilitate a smooth reentry of such individuals 

into the community; 

‘‘(3) create and carry out a mentoring program that is— 

‘‘(A) specifically designed to help eligible individuals 

with the potential challenges of the transitional period 

from detention to release; 

‘‘(B) created in consultation with guidance counselors, 

academic advisors, law enforcement officials, and other 

community resources; and 

‘‘(C) administered by a program coordinator, selected 

and employed by the community college, who shall oversee 

each individual’s development and shall serve as the immediate supervisor and reporting officer to whom the academic 

advisors, guidance counselors, and volunteers shall report 

regarding the progress of each such individual; 

‘‘(4) facilitate employment opportunities for eligible individuals by entering into partnerships with public and private 

entities to provide opportunities for internships, apprenticeships, and permanent employment, as possible, for such individuals; and 

‘‘(5) provide training for eligible individuals participating 

in the programs, to allow such individuals to assist community 

officials and law enforcement agencies with the deterrence and 

prevention of gang and youth violence by participating in seminars and workshop series throughout the community. 

‘‘(d) EDUCATION PROGRAM REQUIREMENTS.—An education program established and carried out under subsection (c) shall— 

‘‘(1) include classes that are required for completion of 

a certificate, diploma, or degree described in subparagraph 

(A) or (B) of subsection (b)(1), including as appropriate courses 

necessary for the completion of a secondary school diploma 

or the recognized equivalent; 


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‘‘(2) provide a variety of academic programs, with various 

completion requirements, to accommodate the diverse academic 

backgrounds, learning styles, and academic and career interests 

of the eligible individuals who participate in the education 

program; 

‘‘(3) offer flexible academic programs that are designed 

to improve the academic development and achievement of 

eligible individuals, and to avoid high attrition rates for such 

individuals; and 

‘‘(4) provide for a uniquely designed education plan for 

each eligible individual participating in the program, which 

shall require such individual to receive, at a minimum, a certificate or degree described in subparagraph (A) or (B) of subsection (b)(1) to successfully complete such program. 

‘‘(e) REPORTS.—Each community college awarded a grant under 

this part shall submit to the Secretary a report— 

‘‘(1) documenting the results of the program carried out 

with such grant; and 

‘‘(2) evaluating the effectiveness of activities carried out 

through such program. 

‘‘(f) DEFINITIONS.—In this section: 

‘‘(1) COMMUNITY COLLEGE.—The term ‘community college’ 

has the meaning given the term ‘junior or community college’ 

in section 312(f). 

‘‘(2) ELIGIBLE INDIVIDUAL.—The term ‘eligible individual’ 

means an individual who— 

‘‘(A) is 16 to 25 years of age (inclusive); and 

‘‘(B)(i) has been convicted of a criminal offense; and 

‘‘(ii) is detained in, or has been released from, a juvenile 

detention center or secure juvenile justice residential 

facility. 

‘‘(3) GANG-RELATED OFFENSE.— 

‘‘(A) IN GENERAL.—The term ‘gang-related offense’ 

means an offense that involves the circumstances described 

in subparagraph (B) and that is— 

‘‘(i) a Federal or State felony involving a controlled 

substance (as defined in section 102 of the Controlled 

Substances Act (21 U.S.C. 802)) for which the maximum penalty is not less than five years; 

‘‘(ii) a Federal or State crime of violence that has 

as an element the use or attempted use of physical 

force against the person of another for which the maximum penalty is not less than six months; or 

‘‘(iii) a conspiracy to commit an offense described 

in clause (i) or (ii). 

‘‘(B) CIRCUMSTANCES.—The circumstances described in 

this subparagraph are that the offense described in 

subparagraph (A) was committed by a person who— 

‘‘(i) participates in a criminal street gang (as 

defined in section 521(a) of title 18, United States 

Code) with knowledge that such gang’s members 

engage in or have engaged in a continuing series of 

offenses described in subparagraph (A); and 

‘‘(ii) intends to promote or further the felonious 

activities of the criminal street gang or maintain or 

increase the person’s position in the gang. 

Records. 


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‘‘(4) PRIORITY INDIVIDUAL.—The term ‘priority individual’ 

means an individual who— 

‘‘(A) is an eligible individual; 

‘‘(B) has been convicted of a gang-related offense; and 

‘‘(C) has served or is serving a period of detention 

in a juvenile detention center or secure juvenile justice 

residential facility for such offense. 

‘‘(5) GUIDANCE COUNSELOR.—The term ‘guidance counselor’ 

means an individual who works with at-risk youth on a oneon-one basis, to establish a supportive relationship with such 

at-risk youth and to provide such at-risk youth with academic 

assistance and exposure to new experiences that enhance their 

ability to become responsible citizens. 

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

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

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

fiscal years. 

‘‘PART X—SCHOOL OF VETERINARY MEDICINE 

COMPETITIVE GRANT PROGRAM 

‘‘SEC. 893. SCHOOL OF VETERINARY MEDICINE COMPETITIVE GRANT 

PROGRAM. 

‘‘(a) IN GENERAL.—From the amounts appropriated under subsection (g), the Secretary of Health and Human Services shall 

award competitive grants to eligible entities for the purpose of 

improving public health preparedness through increasing the 

number of veterinarians in the workforce. 

‘‘(b) ELIGIBLE ENTITIES.—To be eligible to receive a grant under 

subsection (a), an entity shall— 

‘‘(1) be— 

‘‘(A) a public or other nonprofit school of veterinary 

medicine that is accredited by a nationally recognized 

accrediting agency or association recognized by the Secretary of Education pursuant to part H of title IV; 

‘‘(B) a public or nonprofit, department of comparative 

medicine, department of veterinary science, school of public 

health, or school of medicine that is accredited by a nationally recognized accrediting agency or association recognized 

by the Secretary of Education pursuant to part H of title 

IV and that offers graduate training for veterinarians in 

a public health practice area as determined by the Secretary of Health and Human Services; or 

‘‘(C) a public or nonprofit entity that— 

‘‘(i) conducts recognized residency training programs for veterinarians that are approved by a veterinary specialty organization that is recognized by the 

American Veterinary Medical Association; and 

‘‘(ii) offers postgraduate training for veterinarians 

in a public health practice area as determined by the 

Secretary of Health and Human Services; and 

‘‘(2) prepare and submit to the Secretary of Health and 

Human Services an application, at such time, in such manner, 

and containing such information as the Secretary of Health 

and Human Services may require. 

‘‘(c) CONSIDERATION OF APPLICATIONS.—The Secretary of Health 

and Human Services shall establish procedures to ensure that 

Procedures. 

Applications. 

Public welfare. 

20 USC 1161x. 


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applications under subsection (b)(2) are rigorously reviewed and 

that grants are competitively awarded based on— 

‘‘(1) the ability of the applicant to increase the number 

of veterinarians who are trained in specified public health 

practice areas as determined by the Secretary of Health and 

Human Services; 

‘‘(2) the ability of the applicant to increase capacity in 

research on high priority disease agents; or 

‘‘(3) any other consideration the Secretary of Health and 

Human Services determines necessary. 

‘‘(d) PREFERENCE.—In awarding grants under subsection (a), 

the Secretary of Health and Human Services shall give preference 

to applicants that demonstrate a comprehensive approach by 

involving more than one school of veterinary medicine, department 

of comparative medicine, department of veterinary science, school 

of public health, school of medicine, or residency training program 

that offers postgraduate training for veterinarians in a public health 

practice area as determined by the Secretary of Health and Human 

Services. 

‘‘(e) USE OF FUNDS.—Amounts received under a grant under 

this section shall be used by a grantee to increase the number 

of veterinarians in the workforce through paying costs associated 

with the expansion of academic programs at schools of veterinary 

medicine, departments of comparative medicine, departments of 

veterinary science, or entities offering residency training programs, 

or academic programs that offer postgraduate training for veterinarians or concurrent training for veterinary students in specific areas 

of specialization, which costs may include minor renovation and 

improvement in classrooms, libraries, and laboratories. 

‘‘(f) DEFINITION OF PUBLIC HEALTH PRACTICE AREA.—In this 

section, the term ‘public health practice area’ includes the areas 

of bioterrorism and emergency preparedness, environmental health, 

food safety and food security, regulatory medicine, diagnostic laboratory medicine, and biomedical research. 

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

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

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

fiscal years. Amounts appropriated under this subsection shall 

remain available until expended. 

‘‘PART Y—EARLY FEDERAL PELL GRANT 

COMMITMENT DEMONSTRATION PROGRAM 

‘‘SEC. 894. EARLY FEDERAL PELL GRANT COMMITMENT DEMONSTRATION PROGRAM. 

‘‘(a) DEMONSTRATION PROGRAM AUTHORITY.— ‘‘(1) IN GENERAL.—The Secretary is authorized to carry 

out an Early Federal Pell Grant Commitment Demonstration 

Program under which— 

‘‘(A) the Secretary awards grants to four State educational agencies, in accordance with paragraph (2), to 

pay the administrative expenses incurred in participating 

in the demonstration program under this section; and 

‘‘(B) the Secretary awards Federal Pell Grants to 

participating students in accordance with this section and 

consistent with section 401. 

‘‘(2) GRANTS.— 

20 USC 1161y. 

Disadvantaged 

persons. 


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‘‘(A) IN GENERAL.—From amounts appropriated under 

subsection (h) for a fiscal year, the Secretary is authorized 

to award grants to four State educational agencies to enable 

the State educational agencies to pay the administrative 

expenses incurred in participating in the demonstration 

program under this section by carrying out a demonstration 

project under which eighth grade students described in 

subsection (b)(1)(B) receive a commitment early in the students’ academic careers to receive a Federal Pell Grant. 

‘‘(B) EQUAL AMOUNTS.—The Secretary shall award 

grants under this section in equal amounts to each of 

the four participating State educational agencies. 

‘‘(b) DEMONSTRATION PROJECT REQUIREMENTS.—Each of the 

four demonstration projects assisted under this section shall meet 

the following requirements: 

‘‘(1) PARTICIPANTS.— ‘‘(A) IN GENERAL.—The State educational agency shall 

make participation in the demonstration project available 

to two cohorts of students, which shall consist of— 

‘‘(i) one cohort of eighth grade students who begin 

participating in the first academic year for which funds 

have been appropriated to carry out this section; and 

‘‘(ii) one cohort of eighth grade students who begin 

participating in the academic year succeeding the academic year described in clause (i). 

‘‘(B) STUDENTS IN EACH COHORT.—Each cohort of students shall consist of not more than 10,000 eighth grade 

students who qualify for a free or reduced price school 

lunch under the Richard B. Russell National School Lunch 

Act (42 U.S.C. 1751 et seq.) or the Child Nutrition Act 

of 1966 (42 U.S.C. 1771 et seq.). 

‘‘(2) STUDENT DATA.—The State educational agency shall 

ensure that student data from local educational agencies 

serving students who participate in the demonstration project, 

as well as student data from local educational agencies serving 

a comparable group of students who do not participate in the 

demonstration project, are available for evaluation of the demonstration project, and are made available in accordance with 

the requirements of section 444 of the General Education Provisions Act (the Family Educational Rights and Privacy Act of 

1974). 

‘‘(3) FEDERAL PELL GRANT COMMITMENT.—Each student who 

participates in the demonstration project receives a commitment from the Secretary to receive a Federal Pell Grant during 

the first academic year that the student is in attendance at 

an institution of higher education as an undergraduate, provided that the student applies for Federal financial aid (via 

the FAFSA or EZ FAFSA) for such academic year. 

‘‘(4) APPLICATION PROCESS.—Each State educational agency 

shall establish an application process to select local educational 

agencies within the State to participate in the demonstration 

project in accordance with subsection (d)(2). 

‘‘(5) LOCAL EDUCATIONAL AGENCY PARTICIPATION.—Subject 

to the 10,000 statewide student limitation described in paragraph (1), a local educational agency serving students, not 

less than 50 percent of whom are eligible for a free or reduced 

price school lunch under the Richard B. Russell National School 

State and local 

governments. 


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Lunch Act (42 U.S.C. 1751 et seq.) or the Child Nutrition 

Act of 1966 (42 U.S.C. 1771 et seq.), shall be eligible to participate in the demonstration project. 

‘‘(c) STATE EDUCATIONAL AGENCY APPLICATIONS.— 

‘‘(1) IN GENERAL.—Each State educational agency desiring 

to participate in the demonstration program under this section 

shall submit an application to the Secretary at such time and 

in such manner as the Secretary may require. 

‘‘(2) CONTENTS.—Each application shall include— 

‘‘(A) a description of the proposed targeted information 

campaign for the demonstration project and a copy of the 

plan described in subsection (f)(2); 

‘‘(B) a description of the student population that will 

receive an early commitment to receive a Federal Pell 

Grant under this section; 

‘‘(C) an assurance that the State educational agency 

will fully cooperate with the ongoing evaluation of the 

demonstration project; and 

‘‘(D) such other information as the Secretary may 

require. 

‘‘(d) SELECTION CONSIDERATIONS.— 

‘‘(1) SELECTION OF STATE EDUCATIONAL AGENCIES.—In 

selecting State educational agencies to participate in the demonstration program under this section, the Secretary shall consider— 

‘‘(A) the number and quality of State educational 

agency applications received; 

‘‘(B) a State educational agency’s— 

‘‘(i) financial responsibility; 

‘‘(ii) administrative capability; 

‘‘(iii) commitment to focusing resources, in addition 

to any resources provided on students who receive 

assistance under part A of title I of the Elementary 

and Secondary Education Act of 1965; 

‘‘(iv) ability and plans to run an effective and thorough targeted information campaign for students 

served by local educational agencies eligible to participate in the demonstration project; and 

‘‘(v) ability to ensure the participation in the demonstration project of a diverse group of students, 

including with respect to ethnicity and gender. 

‘‘(2) LOCAL EDUCATIONAL AGENCY.—In selecting local educational agencies to participate in a demonstration project 

under this section, the State educational agency shall consider— 

‘‘(A) the number and quality of local educational agency 

applications received; 

‘‘(B) a local educational agency’s— 

‘‘(i) financial responsibility; 

‘‘(ii) administrative capability; 

‘‘(iii) commitment to focusing resources on students 

who receive assistance under part A of title I of the 

Elementary and Secondary Education Act of 1965; 

‘‘(iv) ability and plans to run an effective and thorough targeted information campaign for students 

served by the local educational agency; and 


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‘‘(v) ability to ensure the participation in the demonstration project of a diverse group of students. 

‘‘(e) EVALUATION.— 

‘‘(1) IN GENERAL.—From amounts appropriated under subsection (h) for a fiscal year, the Secretary shall reserve not 

more than $1,000,000 to award a grant or contract to an 

organization outside the Department for an independent 

evaluation of the impact of the demonstration program assisted 

under this section. 

‘‘(2) COMPETITIVE BASIS.—The grant or contract shall be 

awarded on a competitive basis. 

‘‘(3) MATTERS EVALUATED.—The evaluation described in this 

subsection shall— 

‘‘(A) determine the number of students who were 

encouraged by the demonstration program to pursue higher 

education; 

‘‘(B) identify the barriers to the effectiveness of the 

demonstration program; 

‘‘(C) assess the cost-effectiveness of the demonstration 

program in improving access to higher education; 

‘‘(D) identify the reasons why participants in the demonstration program either received or did not receive a 

Federal Pell Grant; 

‘‘(E) identify intermediate outcomes related to postsecondary education attendance, such as whether participants— 

‘‘(i) were more likely to take a college-preparatory 

curriculum while in secondary school; 

‘‘(ii) submitted any applications to institutions of 

higher education; and 

‘‘(iii) took the PSAT, SAT, or ACT; 

‘‘(F) identify the number of students participating in 

the demonstration program who pursued an associate’s 

degree or a bachelor’s degree, or other postsecondary education; 

‘‘(G) compare the findings of the demonstration program with respect to participants to comparison groups 

(of similar size and demographics) that did not participate 

in the demonstration program; and 

‘‘(H) identify the impact of the demonstration program 

on the parents of students eligible to participate in the 

program. 

‘‘(4) DISSEMINATION.—The findings of the evaluation shall 

be reported to the Secretary, who shall widely disseminate 

the findings to the public. 

‘‘(f) TARGETED INFORMATION CAMPAIGN.— 

‘‘(1) IN GENERAL.—Each State educational agency receiving 

a grant under this section shall, in cooperation with the participating local educational agencies within the State and the 

Secretary, develop a targeted information campaign for the 

demonstration project assisted under this section. 

‘‘(2) PLAN.—Each State educational agency receiving a 

grant under this section shall include in the application submitted under subsection (c) a written plan for the State educational agency proposed targeted information campaign. The 

plan shall include the following: 

Reports. 

Contracts. 


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‘‘(A) OUTREACH.—A description of the outreach to students and the students’ families at the beginning and end 

of each academic year of the demonstration project, at 

a minimum. 

‘‘(B) DISTRIBUTION.—A description of how the State 

educational agency plans to provide the outreach described 

in subparagraph (A) and to provide the information 

described in subparagraph (C). 

‘‘(C) INFORMATION.—The annual provision by the State 

educational agency to all students and families participating in the demonstration project of information 

regarding— 

‘‘(i) the estimated statewide average cost of attendance for an institution of higher education for each 

academic year, which cost data shall be disaggregated 

by— 

‘‘(I) type of institution, including— 

‘‘(aa) two-year public degree-granting 

institutions of higher education; 

‘‘(bb) four-year public degree-granting 

institutions of higher education; and 

‘‘(cc) four-year private degree-granting 

institutions of higher education; 

‘‘(II) component, including— 

‘‘(aa) tuition and fees; and 

‘‘(bb) room and board; 

‘‘(ii) Federal Pell Grants, including— 

‘‘(I) the maximum Federal Pell Grant for each 

award year; 

‘‘(II) when and how to apply for a Federal 

Pell Grant; and 

‘‘(III) what the application process for a Federal Pell Grant requires; 

‘‘(iii) State-specific postsecondary education 

savings programs; 

‘‘(iv) State merit-based financial aid; 

‘‘(v) State need-based financial aid; and 

‘‘(vi) Federal financial aid available to students, 

including eligibility criteria for such aid and an explanation of the Federal financial aid programs under 

title IV, such as the Student Guide published by the 

Department (or any successor to such document). 

‘‘(3) COHORTS.—The information described in paragraph 

(2)(C) shall be provided annually to the two successive cohorts 

of students described in subsection (b)(1)(A) for the duration 

of the students’ participation in the demonstration project. 

‘‘(4) RESERVATION.—Each State educational agency 

receiving a grant under this section shall reserve not more 

than 15 percent of the grant funds received each fiscal year 

to carry out the targeted information campaign described in 

this subsection. 

‘‘(g) SUPPLEMENT, NOT SUPPLANT.—A State educational agency 

shall use grant funds received under this section only to supplement 

the funds that would, in the absence of such grant funds, be 

made available from non-Federal sources for students participating 

in the demonstration project under this section, and not to supplant 

such funds. 

Deadline. 


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

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

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

fiscal years. 

‘‘PART Z—HENRY KUUALOHA GIUGNI KUPUNA 

MEMORIAL ARCHIVES 

‘‘SEC. 895. HENRY KUUALOHA GIUGNI KUPUNA MEMORIAL ARCHIVES. 

‘‘(a) GRANTS AUTHORIZED.—From the amounts appropriated 

under subsection (c), the Secretary is authorized to award a grant 

to the University of Hawaii Academy for Creative Media for the 

establishment, maintenance, and periodic modernization of the 

Henry Kuualoha Giugni Kupuna Memorial Archives at the University of Hawaii. 

‘‘(b) USE OF FUNDS.—The Henry Kuualoha Giugni Kupuna 

Memorial Archives shall use the grant funds received under this 

section— 

‘‘(1) to facilitate the acquisition of a secure web-accessible 

repository of Native Hawaiian historical data rich in ethnic 

and cultural significance to the United States for preservation 

and access by future generations; 

‘‘(2) to award scholarships to facilitate access to postsecondary education for students who cannot afford such education; 

‘‘(3) to support programmatic efforts associated with the 

web-based media projects of the archives; 

‘‘(4) to create educational materials, from the contents of 

the archives, that are applicable to a broad range of indigenous 

students, such as Native Hawaiians, Alaskan Natives, and 

Native American Indians; 

‘‘(5) to develop outreach initiatives that introduce the 

archival collections to elementary schools and secondary 

schools; 

‘‘(6) to develop supplemental web-based resources that 

define terms and cultural practices innate to Native Hawaiians; 

‘‘(7) to rent, lease, purchase, maintain, or repair educational 

facilities to house the archival collections; 

‘‘(8) to rent, lease, purchase, maintain, or repair computer 

equipment for use by elementary schools and secondary schools 

in accessing the archival collections; 

‘‘(9) to provide preservice and in-service teacher training 

to develop a core group of kindergarten through grade 12 

teachers who are able to provide instruction in a way that 

is relevant to the unique background of indigenous students, 

such as Native Hawaiians, Alaskan Natives, and Native American Indians, in order to— 

‘‘(A) facilitate greater understanding by teachers of 

the unique background of indigenous students; and 

‘‘(B) improve student achievement; and 

‘‘(10) to increase the economic and financial literacy of 

postsecondary education students through the dissemination 

of best practices used at other institutions of higher education 

regarding debt and credit management and economic decisionmaking. 

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

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

Native 

Hawaiians. 

Alaska 

Natives. 

Native 

Americans. 

20 USC 1161z. 

Hawaii. 


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122 STAT. 3446 PUBLIC LAW 110–315—AUG. 14, 2008 

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

fiscal years. 

‘‘PART AA—MASTERS AND 

POSTBACCALAUREATE PROGRAMS 

‘‘SEC. 897. MASTERS DEGREE PROGRAMS. 

‘‘In addition to any amounts appropriated under section 725, 

there are authorized to be appropriated, and there are appropriated, 

out of any funds in the Treasury not otherwise appropriated, 

$11,500,000 for fiscal year 2009 and for each of the five succeeding 

fiscal years to carry out subpart 4 of part A of title VII in order 

to provide grants under sections 723 and 724, in the minimum 

amount authorized under such sections, to all institutions eligible 

for grants under such sections. 

‘‘SEC. 898. POSTBACCALAUREATE PROGRAMS. 

‘‘In addition to any amounts appropriated under part B of 

title V, there are authorized to be appropriated, and there are 

appropriated, out of any funds in the Treasury not otherwise appropriated, $11,500,000 for fiscal year 2009 and for each of the five 

succeeding fiscal years to carry out part B of title V.’’. 

SEC. 802. NATIONAL CENTER FOR RESEARCH IN ADVANCED INFORMATION AND DIGITAL TECHNOLOGIES. 

(a) ESTABLISHMENT.—There shall be established, during the 

first fiscal year for which appropriations are made available under 

subsection (c), a nonprofit corporation to be known as the National 

Center for Research in Advanced Information and Digital Technologies, which shall not be an agency or establishment of the 

Federal Government. The Center shall be subject to the provisions 

of this section, and, to the extent consistent with this section, 

to the District of Columbia Nonprofit Corporation Act (sec. 29– 

501 et seq., D.C. Official Code). 

(b) PURPOSE.—The purpose of the Center shall be to support 

a comprehensive research and development program to harness 

the increasing capacity of advanced information and digital technologies to improve all levels of learning and education, formal 

and informal, in order to provide Americans with the knowledge 

and skills needed to compete in the global economy. 

(c) FUNDING.— 

(1) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Center such sums as may be 

necessary for fiscal year 2009 and each of the five succeeding 

fiscal years. 

(2) ADDITIONAL FUNDS.—The Center is authorized— 

(A) to accept funds from any Federal agency or entity; 

(B) to accept, hold, administer, and spend any gift, 

devise, or bequest of real or personal property made to 

the Center; and 

(C) to enter into competitive contracts with individuals, 

public or private organizations, professional societies, and 

government agencies for the purpose of carrying out the 

functions of the Center. 

(3) PROHIBITION.—The Center shall not accept gifts, 

devises, or bequests from a foreign government or foreign 

source. 

20 USC 9631. 

Appropriations 

authorization. 

20 USC 

1161aa–1. 

Appropriations 

authorization. 

20 USC 1161aa. 


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(d) BOARD OF DIRECTORS; VACANCIES; COMPENSATION.— (1) IN GENERAL.—A Board of the Center shall be established 

to oversee the administration of the Center. 

(2) INITIAL COMPOSITION.—The initial Board shall consist 

of nine members to be appointed by the Secretary of Education 

from recommendations received from the Speaker of the House 

of Representatives, the Minority Leader of the House of Representatives, the majority leader of the Senate, and the minority 

leader of the Senate, who— 

(A) reflect representation from the public and private 

sectors; 

(B) shall provide, as nearly as practicable, a broad 

representation of various regions of the United States, various professions and occupations, and various kinds of 

talent and experience appropriate to the functions and 

responsibilities of the Center; 

(C) shall not be in a position to benefit financially 

directly from the contracts and grants to eligible institutions under subsection (f)(2); and 

(D) may not be officers or employees of the Federal 

Government or a Members of Congress serving at the time 

of such appointment. 

(3) VACANCIES AND SUBSEQUENT APPOINTMENTS.—To the 

extent not inconsistent with paragraph (2), in the case of a 

vacancy on the Board due to death, resignation, or removal, 

the vacancy shall be filled through nomination and selection 

by the sitting members of the Board after— 

(A) taking into consideration the composition of the 

Board; and 

(B) soliciting recommendations from the public. 

(4) COMPENSATION.—Members of the Board shall serve 

without compensation but may be reimbursed for reasonable 

expenses for transportation, lodging, and other expenses 

directly related to their duties as members of the Board. 

(5) ORGANIZATION AND OPERATION.—The Board shall incorporate and operate the Center in accordance with the laws 

governing tax exempt organizations in the District of Columbia. 

(e) DIRECTOR AND STAFF.— 

(1) DIRECTOR.—The Board shall appoint a Director of the 

Center after conducting a national, competitive search to find 

an individual with the appropriate expertise, experience, and 

knowledge to oversee the operations of the Center. 

(2) STAFF.—In accordance with procedures established by 

the Board, the Director shall employ individuals to carry out 

the functions of the Center. 

(3) COMPENSATION.—In no case shall the Director or any 

employee of the Center receive annual compensation that 

exceeds an amount equal to the annual rate payable for level 

II of the Executive Schedule under section 5313 of title 5, 

United States Code. 

(f) CENTER ACTIVITIES.— (1) USES OF FUNDS.—The Director, after consultation with 

the Board, shall use the funds made available to the Center— 

(A) to support research to improve education, teaching, 

and learning that is in the public interest, but that is 

determined unlikely to be undertaken entirely with private 

funds; 

Appointments. 

District of 

Columbia. 

Taxes. 


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(B) to support— 

(i) precompetitive research, development, and demonstrations; 

(ii) assessments of prototypes of innovative digital 

learning and information technologies, as well as the 

components and tools needed to create such technologies; and 

(iii) pilot testing and evaluation of prototype systems described in clause (ii); and 

(C) to encourage the widespread adoption and use of 

effective, innovative digital approaches to improving education, teaching, and learning. 

(2) CONTRACTS AND GRANTS.— 

(A) IN GENERAL.—To carry out the activities described 

in paragraph (1), the Director, with the agreement of twothirds of the members of the Board, may award, on a 

competitive basis, contracts and grants to four-year institutions of higher education, museums, libraries, nonprofit 

organizations, public institutions with or without for-profit 

partners, for-profit organizations, and consortia of any such 

entities. 

(B) PUBLIC DOMAIN.— 

(i) IN GENERAL.—The research and development 

properties and materials associated with any project 

funded by a grant or contract under this section shall 

be freely and nonexclusively available to the general 

public in a timely manner, consistent with regulations 

prescribed by the Secretary of Education. 

(ii) EXEMPTION.—The Director may waive the 

requirements of clause (i) with respect to a project 

funded by a grant or contract under this section if— 

(I) the Director and the Board (by a unanimous 

vote of the Board members) determine that the 

general public will benefit significantly due to the 

project not being freely and nonexclusively available to the general public in a timely manner; 

and 

(II) the Board issues a public statement as 

to the specific reasons of the determination under 

subclause (I). 

(C) PEER REVIEW.—Proposals for grants or contracts 

shall be evaluated on the basis of comparative merit by 

panels of experts who represent diverse interests and 

perspectives, and who are appointed by the Director based 

on recommendations from the fields served and from the 

Board. 

(g) ACCOUNTABILITY AND REPORTING.— 

(1) REPORT.— 

(A) IN GENERAL.—Not later than December 30 of each 

year beginning in fiscal year 2009, the Director shall prepare and submit to the Secretary of Education and the 

authorizing committees a report that contains the information described in subparagraph (B) with respect to the 

preceding fiscal year. 

(B) CONTENTS.—A report under subparagraph (A) shall 

include— 

Grants. 

Contracts. 


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(i) a comprehensive and detailed report of the Center’s operations, activities, financial condition, and 

accomplishments, and such recommendations as the 

Director determines appropriate; 

(ii) evidence of coordination with the Department 

of Education, the National Science Foundation, Office 

of the Director of Defense Research and Engineering 

in the Department of Defense, and other related Federal agencies to carry out the operations and activities 

of the Center; 

(iii) a comprehensive and detailed inventory of 

funds distributed from the Center during the fiscal 

year for which the report is being prepared; and 

(iv) an independent audit of the Center’s finances 

and operations, and of the implementation of the goals 

established by the Board. 

(C) STATEMENT OF THE BOARD.—Each report under 

subparagraph (A) shall include a statement from the Board 

containing— 

(i) a clear description of the plans and priorities 

of the Board for the subsequent year for activities 

of the Center; and 

(ii) an estimate of the funds that will be expended 

by the Center for such year. 

(2) TESTIMONY.—The Director and principal officers of the 

Center shall testify before the authorizing committees and the 

Committees on Appropriations of the House of Representatives 

and the Senate, upon request of such committees, with respect 

to— 

(A) any report required under paragraph (1)(A); and 

(B) any other matter that such committees may determine appropriate. 

(h) USE OF FUNDS SUBJECT TO APPROPRIATIONS.—The authority 

to award grants, enter into contracts, or otherwise expend funds 

under this section is subject to the availability of amounts deposited 

into the Center under subsection (c), or amounts otherwise appropriated for such purposes by an Act of Congress. 

(i) DEFINITIONS.—For purposes of this section: 

(1) AUTHORIZING COMMITTEES.—The term ‘‘authorizing 

committees’’ has the meaning given the term in section 103 

of the Higher Education Act of 1965 (20 U.S.C. 1003). 

(2) BOARD.—The term ‘‘Board’’ means the Board of the 

Center appointed under subsection (d)(1). 

(3) CENTER.—The term ‘‘Center’’ means the National Center 

for Research in Advanced Information and Digital Technologies 

established under subsection (a). 

(4) DIRECTOR.—The term ‘‘Director’’ means the Director 

of the Center appointed under subsection (e)(1). 

SEC. 803. ESTABLISHMENT OF PILOT PROGRAM FOR COURSE MATERIAL RENTAL. 

(a) PILOT GRANT PROGRAM.—From the amounts appropriated 

pursuant to subsection (e), the Secretary of Education (referred 

to in this section as the ‘‘Secretary’’) shall make grants on a competitive basis to not more than ten institutions of higher education 

to support pilot programs that expand the services of bookstores 

20 USC 1015b 

note. 


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to provide the option for students to rent course materials in order 

to achieve savings for students. 

(b) APPLICATION.—An institution of higher education that 

desires to obtain a grant under this section shall submit an application to the Secretary at such time, in such form, and containing 

or accompanied by such information, agreements, and assurances 

as the Secretary may reasonably require. 

(c) USE OF FUNDS.—The funds made available by a grant under 

this section may be used for— 

(1) purchase of course materials that the entity will make 

available by rent to students; 

(2) any equipment or software necessary for the conduct 

of a rental program; 

(3) hiring staff needed for the conduct of a rental program, 

with priority given to hiring enrolled undergraduate students; 

and 

(4) building or acquiring extra storage space dedicated to 

course materials for rent. 

(d) EVALUATION AND REPORT.— 

(1) EVALUATIONS BY RECIPIENTS.—After a period of time 

to be determined by the Secretary, each institution of higher 

education that receives a grant under this section shall submit 

a report to the Secretary on the effectiveness of their rental 

programs in reducing textbook costs for students. 

(2) REPORT TO CONGRESS.—Not later than September 30, 

2010, the Secretary shall submit a report to Congress on the 

effectiveness of the textbook rental pilot programs under this 

section, and identify the best practices developed in such pilot 

programs. Such report shall contain an estimate by the Secretary of the savings achieved by students who participate 

in such pilot programs. 

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

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

be necessary for fiscal years 2009 and 2010. 

TITLE IX—AMENDMENTS TO OTHER 

LAWS 

PART A—EDUCATION OF THE DEAF ACT OF 

1986 

SEC. 901. LAURENT CLERC NATIONAL DEAF EDUCATION CENTER. 

Section 104 of the Education of the Deaf Act of 1986 (20 

U.S.C. 4304) is amended— 

(1) by striking the section heading and inserting ‘‘LAURENT

CLERC NATIONAL DEAF EDUCATION CENTER’’; 

(2) in subsection (a)(1)(A), by inserting ‘‘the Laurent Clerc 

National Deaf Education Center (referred to in this section 

as the ‘Clerc Center’) to carry out’’ after ‘‘maintain and operate’’; 

and 

(3) in subsection (b)— 

(A) in the matter preceding subparagraph (A) of paragraph (1), by striking ‘‘elementary and secondary education 

programs’’ and inserting ‘‘Clerc Center’’; 

(B) in paragraph (2)— 


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(i) by striking ‘‘elementary and secondary education programs’’ and inserting ‘‘Clerc Center’’; and 

(ii) by striking ‘‘section 618(a)(1)(A)’’ and inserting 

‘‘section 618(a)(1)’’; 

(C) in paragraph (4), in subparagraph (C)— 

(i) by moving the margins 2 ems to the left; 

(ii) in clause (i), by striking ‘‘(6)’’ and inserting 

‘‘(8)’’; and 

(iii) in clause (vi), by striking ‘‘(m)’’ and inserting 

‘‘(o)’’; and 

(D) by adding at the end the following: 

‘‘(5) The University, for purposes of the elementary and secondary education programs carried out at the Clerc Center, shall— 

‘‘(A)(i) select challenging academic content standards, challenging student academic achievement standards, and academic 

assessments of a State, adopted and implemented, as appropriate, pursuant to paragraphs (1) and (3) of section 1111(b) 

of the Elementary and Secondary Education Act of 1965 (20 

U.S.C. 6311(b)(1) and (3)) and approved by the Secretary; and 

‘‘(ii) implement such standards and assessments for such 

programs by not later than the beginning of the 2009–2010 

academic year; 

‘‘(B) annually determine whether such programs at the 

Clerc Center are making adequate yearly progress, as determined according to the definition of adequate yearly progress 

defined (pursuant to section 1111(b)(2)(C) of such Act (20 U.S.C. 

6311(b)(2)(C))) by the State that has adopted and implemented 

the standards and assessments selected under subparagraph 

(A)(i); and 

‘‘(C) publicly report the results of the academic assessments 

implemented under subparagraph (A), except where such 

reporting would not yield statistically reliable information or 

would reveal personally identifiable information about an individual student, and whether the programs at the Clerc Center 

are making adequate yearly progress, as determined under 

subparagraph (B).’’. 

SEC. 902. AGREEMENT WITH GALLAUDET UNIVERSITY. 

Section 105(b)(4) of the Education of the Deaf Act of 1986 

(20 U.S.C. 4305(b)(4)) is amended— 

(1) by striking ‘‘the Act of March 3, 1931 (40 U.S.C. 276a– 

276a–5) commonly referred to as the Davis-Bacon Act’’ and 

inserting ‘‘subchapter IV of chapter 31 of title 40, United States 

Code, commonly referred to as the Davis-Bacon Act’’; and 

(2) by striking ‘‘section 2 of the Act of June 13, 1934 

(40 U.S.C. 276c)’’ and inserting ‘‘section 3145 of title 40, United 

States Code’’. 

SEC. 903. AGREEMENT FOR THE NATIONAL TECHNICAL INSTITUTE 

FOR THE DEAF. 

Section 112 of the Education of the Deaf Act of 1986 (20 

U.S.C. 4332) is amended— 

(1) in subsection (a)(1), by striking the second sentence; 

and 

(2) in subsection (b)— 

Reports. 

Deadline. 

Deadline. 

Standards. 


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122 STAT. 3452 PUBLIC LAW 110–315—AUG. 14, 2008 

(A) in paragraph (3), by striking ‘‘Committee on Labor 

and Human Resources of the Senate’’ and inserting ‘‘Committee on Health, Education, Labor, and Pensions of the 

Senate’’; and 

(B) in paragraph (5)— 

(i) by striking ‘‘the Act of March 3, 1931 (40 U.S.C. 

276a—276a–5) commonly referred to as the DavisBacon Act’’ and inserting ‘‘subchapter IV of chapter 

31 of title 40, United States Code, commonly referred 

to as the Davis-Bacon Act’’; and 

(ii) by striking ‘‘section 2 of the Act of June 13, 

1934 (40 U.S.C. 276c)’’ and inserting ‘‘section 3145 

of title 40, United States Code’’. 

SEC. 904. CULTURAL EXPERIENCES GRANTS. 

(a) CULTURAL EXPERIENCES GRANTS.—Title I of the Education 

of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.) is amended by 

adding at the end the following: 

‘‘PART C—OTHER PROGRAMS 

‘‘SEC. 121. CULTURAL EXPERIENCES GRANTS. 

‘‘(a) IN GENERAL.—The Secretary is authorized to, on a competitive basis, make grants to, and enter into contracts and cooperative 

agreements with, eligible entities to support the activities described 

in subsection (b). 

‘‘(b) ACTIVITIES.—In carrying out this section, the Secretary 

shall support activities providing cultural experiences, through 

appropriate nonprofit organizations with a demonstrated proficiency 

in providing such activities, that— 

‘‘(1) enrich the lives of deaf and hard-of-hearing children 

and adults; 

‘‘(2) increase public awareness and understanding of deafness and of the artistic and intellectual achievements of deaf 

and hard-of-hearing persons; or 

‘‘(3) promote the integration of hearing, deaf, and hardof-hearing persons through shared cultural, educational, and 

social experiences. 

‘‘(c) APPLICATIONS.—An eligible entity that desires to receive 

a grant, or enter into a contract or cooperative agreement, under 

this section shall submit an application to the Secretary at such 

time, in such manner, and containing such information as the 

Secretary may require. 

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

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

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

fiscal years.’’. 

(b) CONFORMING AMENDMENT.—The title heading of title I of 

the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.) 

is amended by adding at the end the following: ‘‘; OTHER PROGRAMS’’. 

SEC. 905. AUDIT. 

Section 203 of the Education of the Deaf Act of 1986 (20 

U.S.C. 4353) is amended— 

(1) in subsection (b)— 

(A) in paragraph (2), by striking ‘‘sections’’ and all 

that follows through the period and inserting ‘‘sections 

Contracts. 

20 USC 4341. 


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PUBLIC LAW 110–315—AUG. 14, 2008 122 STAT. 3453 

102(b), 105(b)(4), 112(b)(5), 203(c), 207(b)(2), subsections 

(c) through (f) of section 207, and subsections (b) and (c) 

of section 209.’’; and 

(B) in paragraph (3), by inserting ‘‘and the Committee 

on Education and Labor of the House of Representatives 

and the Committee on Health, Education, Labor, and Pensions of the Senate’’ after ‘‘Secretary’’; and 

(2) in subsection (c)(2)(A), by striking ‘‘Committee on Labor 

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

on Health, Education, Labor, and Pensions of the Senate’’. 

SEC. 906. REPORTS. 

Section 204 of the Education of the Deaf Act of 1986 (20 

U.S.C. 4354) is amended— 

(1) in the matter preceding paragraph (1), by striking ‘‘Committee on Labor and Human Resources of the Senate’’ and 

inserting ‘‘Committee on Health, Education, Labor, and Pensions of the Senate’’; 

(2) in paragraph (1), by striking ‘‘preparatory,’’; 

(3) in paragraph (2)(C), by striking ‘‘upon graduation/ 

completion’’ and inserting ‘‘on the date that is one year after 

the date of graduation or completion’’; and 

(4) in paragraph (3)(B), by striking ‘‘of the institution of 

higher education’’ and all that follows through ‘‘section 203’’ 

and inserting ‘‘of NTID programs and activities’’. 

SEC. 907. MONITORING, EVALUATION, AND REPORTING. 

Section 205 of the Education of the Deaf Act of 1986 (20 

U.S.C. 4355) is amended— 

(1) in the first sentence of subsection (a), by striking ‘‘preparatory,’’; 

(2) in subsection (b), by striking ‘‘The Secretary, as part 

of the annual report required under section 426 of the Department of Education Organization Act, shall include a description 

of’’ and inserting ‘‘The Secretary shall annually transmit 

information to Congress on’’; and 

(3) in subsection (c), by striking ‘‘fiscal years 1998 through 

2003’’ and inserting ‘‘fiscal years 2009 through 2014’’. 

SEC. 908. LIAISON FOR EDUCATIONAL PROGRAMS. 

Section 206(a) of the Education of the Deaf Act of 1986 (20 

U.S.C. 4356(a)) is amended by striking ‘‘Not later than 30 days 

after the date of enactment of this Act, the’’ and inserting ‘‘The’’. 

SEC. 909. FEDERAL ENDOWMENT PROGRAMS FOR GALLAUDET 

UNIVERSITY AND THE NATIONAL TECHNICAL INSTITUTE 

FOR THE DEAF. 

Section 207(h) of the Education of the Deaf Act of 1986 (20 

U.S.C. 4357(h)) is amended by striking ‘‘fiscal years 1998 through 

2003’’ both places it appears and inserting ‘‘fiscal years 2009 

through 2014’’. 

SEC. 910. OVERSIGHT AND EFFECT OF AGREEMENTS. 

Section 208(a) of the Education of the Deaf Act of 1986 (20 

U.S.C. 4359(a)) is amended by striking ‘‘Committee on Labor and 

Human Resources of the Senate and the Committee on Education 

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

‘‘Committee on Education and Labor of the House of Representatives 

Appropriations 

authorization. 

Designation. 

Deadline. 

Appropriations 

authorization. 


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122 STAT. 3454 PUBLIC LAW 110–315—AUG. 14, 2008 

and the Committee on Health, Education, Labor, and Pensions 

of the Senate’’. 

SEC. 911. INTERNATIONAL STUDENTS. 

Section 209 of the Education of the Deaf Act of 1986 (20 

U.S.C. 4359a) is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘preparatory, undergraduate,’’ and 

inserting ‘‘undergraduate’’; 

(B) by striking ‘‘Effective with’’ and inserting the following: 

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 

effective with’’; and 

(C) by adding at the end the following: 

‘‘(2) DISTANCE LEARNING.—International students who 

participate in distance learning courses that are at the University or the NTID, who are residing outside of the United States, 

and are not enrolled in a degree program at the University 

or the NTID shall— 

‘‘(A) not be counted as international students for purposes of the cap on international students under paragraph 

(1), except that in any school year no United States citizen 

who applies to participate in distance learning courses 

that are at the University or NTID shall be denied participation in such courses because of the participation of an 

international student in such courses; and 

‘‘(B) not be charged a tuition surcharge, as described 

in subsection (b).’’; and 

(2) by striking subsections (b), (c), and (d), and inserting 

the following: 

‘‘(b) TUITION SURCHARGE.—Except as provided in subsections 

(a)(2)(B) and (c), the tuition for postsecondary international students 

enrolled in the University (including undergraduate and graduate 

students) or NTID shall include, for academic year 2009–2010 and 

any succeeding academic year, a surcharge of— 

‘‘(1) 100 percent for a postsecondary international student 

from a non-developing country; and 

‘‘(2) 50 percent for a postsecondary international student 

from a developing country, or a country that was a developing 

country for any academic year during the student’s period 

of uninterrupted enrollment in a degree program at the University or NTID, except that such a surcharge shall not be adjusted 

retroactively. 

‘‘(c) REDUCTION OF SURCHARGE.— 

‘‘(1) IN GENERAL.—Beginning with the academic year 2009– 

2010, the University or NTID may reduce the surcharge— 

‘‘(A) under subsection (b)(1) from 100 percent to not 

less than 50 percent if— 

‘‘(i) a student described under subsection (b)(1) 

demonstrates need; and 

‘‘(ii) such student has made a good-faith effort 

to secure aid through such student’s government or 

other sources; and 

‘‘(B) under subsection (b)(2) from 50 percent to not 

less than 25 percent if— 

‘‘(i) a student described under subsection (b)(2) 

demonstrates need; and 


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‘‘(ii) such student has made a good faith effort 

to secure aid through such student’s government or 

other sources. 

‘‘(2) DEVELOPMENT OF SLIDING SCALE.—The University and 

NTID shall develop a sliding scale model that— 

‘‘(A) will be used to determine the amount of a tuition 

surcharge reduction pursuant to paragraph (1); and 

‘‘(B) shall be approved by the Secretary. 

‘‘(d) DEFINITION.—In this section, the term ‘developing country’ 

means a country with a per-capita income of not more than $5,345, 

measured in 2005 United States dollars, as adjusted by the Secretary to reflect inflation since 2005.’’. 

SEC. 912. RESEARCH PRIORITIES. 

Section 210(b) of the Education of the Deaf Act of 1986 (20 

U.S.C. 4359b(b)) is amended by striking ‘‘Committee on Education 

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

‘‘Committee on Education and Labor of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions 

of the Senate’’. 

SEC. 913. NATIONAL STUDY ON THE EDUCATION OF THE DEAF. 

(a) CONDUCT OF STUDY.—Subsection (a)(1) of section 211 of 

the Education of the Deaf Act of 1986 (20 U.S.C. 4360) is amended 

by inserting after ‘‘The Secretary shall’’ the following: ‘‘establish 

a commission on the education of the deaf (in this section referred 

to as the ‘commission’) to’’. 

(b) PUBLIC INPUT AND CONSULTATION.—Subsection (b) of such 

section is amended by striking ‘‘Secretary’’ each place the term 

appears and inserting ‘‘commission’’. 

(c) REPORT.—Subsection (c) of such section is amended— 

(1) in the matter preceding paragraph (1), by striking ‘‘Secretary’’ and all that follows through ‘‘1998’’ and inserting 

‘‘commission shall report to the Secretary and Congress not 

later than 18 months after the date of the enactment of the 

Higher Education Opportunity Act’’; and 

(2) in paragraph (1)— 

(A) by striking ‘‘recommendations,’’ and inserting ‘‘recommendations relating to educated-related factors that contribute to successful postsecondary education experiences 

and employment for individuals who are deaf,’’; and 

(B) by striking ‘‘Secretary’’ and inserting ‘‘commission’’. 

(d) AUTHORIZATION OF APPROPRIATIONS.—Subsection (d) of such 

section is amended by striking ‘‘$1,000,000 for each of the fiscal 

years 1999 and 2000’’ and inserting ‘‘such sums as may be necessary 

for each of the fiscal years 2009 and 2010’’. 

SEC. 914. AUTHORIZATION OF APPROPRIATIONS. 

Section 212 of the Education of the Deaf Act of 1986 (20 

U.S.C. 4360a) is amended— 

(1) in subsection (a), in the matter preceding paragraph 

(1), by striking ‘‘fiscal years 1998 through 2003’’ and inserting 

‘‘fiscal years 2009 through 2014’’; and 

(2) in subsection (b), by striking ‘‘fiscal years 1998 through 

2003’’ and inserting ‘‘fiscal years 2009 through 2014’’. 

Establishment. 


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PART B—UNITED STATES INSTITUTE OF 

PEACE ACT 

SEC. 921. UNITED STATES INSTITUTE OF PEACE ACT. 

(a) POWERS AND DUTIES.—Section 1705(b)(3) of the United 

States Institute of Peace Act (22 U.S.C. 4604(b)(3)) is amended 

by striking ‘‘the Arms Control and Disarmament Agency,’’. 

(b) BOARD OF DIRECTORS.— 

(1) AMENDMENTS.—Section 1706 of the United States 

Institute of Peace Act (22 U.S.C. 4605) is amended— 

(A) by striking ‘‘(b)(5)’’ each place the term appears 

and inserting ‘‘(b)(4)’’; and 

(B) in subsection (e), by adding at the end the following: 

‘‘(5) The term of a member of the Board shall not commence 

until the member is confirmed by the Senate and sworn in 

as a member of the Board.’’. 

(2) EFFECTIVE DATE.—The amendments made by paragraph 

(1) shall take effect as if enacted on June 1, 2007, and shall 

apply to any member of the Board of Directors of the Institute 

of Peace confirmed by the Senate and sworn in as a member 

of the Board of Directors on or after such date. 

(c) FUNDING.—Section 1710 of the United States Institute of 

Peace Act (22 U.S.C. 4609) is amended— 

(1) in subsection (a)(1), by striking ‘‘to be appropriated’’ 

and all that follows through the period at the end and inserting 

‘‘to be appropriated such sums as may be necessary for fiscal 

years 2009 through 2014.’’; and 

(2) by adding at the end the following: 

‘‘(d) EXTENSION.—Any authorization of appropriations made for 

the purposes of carrying out this title shall be extended in the 

same manner as applicable programs are extended under section 

422 of the General Education Provisions Act.’’. 

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

AMENDMENTS OF 1992 

SEC. 931. REPEALS. 

The following provisions of title VIII of the Higher Education 

Amendments of 1998 (Public Law 105–244) are repealed: 

(1) Part A. 

(2) Part C (20 U.S.C. 1070 note). 

(3) Part F (20 U.S.C. 1862 note). 

(4) Part J. 

(5) Section 861. 

(6) Section 863. 

SEC. 932. GRANTS TO STATES FOR WORKPLACE AND COMMUNITY 

TRANSITION TRAINING FOR INCARCERATED INDIVIDUALS. 

Section 821 of the Higher Education Amendments of 1998 

(20 U.S.C. 1151) is amended to read as follows: 

‘‘SEC. 821. GRANTS TO STATES FOR WORKPLACE AND COMMUNITY 

TRANSITION TRAINING FOR INCARCERATED INDIVIDUALS. 

‘‘(a) DEFINITION.—In this section, the term ‘incarcerated individual’ means a male or female offender who is— 

112 Stat. 1826. 

112 Stat. 1825. 

42 USC 1862 

note. 

20 USC 1001 

note, 1015 note, 

1018 note, 1099b 

note. 

Effective date. 


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‘‘(1) 35 years of age or younger; and 

‘‘(2) incarcerated in a State prison, including a prerelease 

facility. 

‘‘(b) GRANT PROGRAM.—The Secretary of Education (in this 

section referred to as the ‘Secretary’)— 

‘‘(1) shall establish a program in accordance with this section to provide grants to the State correctional education agencies in the States to assist and encourage incarcerated individuals who have obtained a secondary school diploma or its 

recognized equivalent to acquire educational and job skills 

through— 

‘‘(A) coursework to prepare such individuals to pursue 

a postsecondary education certificate, an associate’s degree, 

or bachelor’s degree while in prison; 

‘‘(B) the pursuit of a postsecondary education certificate, an associate’s degree, or bachelor’s degree while in 

prison; and 

‘‘(C) employment counseling and other related services, 

which start during incarceration and end not later than 

two years after release from incarceration; and 

‘‘(2) may establish such performance objectives and 

reporting requirements for State correctional education agencies receiving grants under this section as the Secretary determines are necessary to assess the effectiveness of the program 

under this section. 

‘‘(c) APPLICATION.—To be eligible for a grant under this section, 

a State correctional education agency shall submit to the Secretary 

a proposal for an incarcerated individual program that— 

‘‘(1) identifies the scope of the problem, including the 

number of incarcerated individuals in need of postsecondary 

education and career and technical training; 

‘‘(2) lists the accredited public or private educational 

institution or institutions that will provide postsecondary educational services; 

‘‘(3) lists the cooperating agencies, public and private, or 

businesses that will provide related services, such as counseling 

in the areas of career development, substance abuse, health, 

and parenting skills; 

‘‘(4) describes specific performance objectives and evaluation methods (in addition to, and consistent with, any objectives 

established by the Secretary under subsection (b)(2)) that the 

State correctional education agency will use in carrying out 

its proposal, including— 

‘‘(A) specific and quantified student outcome measures 

that are referenced to outcomes for non-program participants with similar demographic characteristics; and 

‘‘(B) measures, consistent with the data elements and 

definitions described in subsection (d)(1)(A), of— 

‘‘(i) program completion, including an explicit definition of what constitutes a program completion within 

the proposal; 

‘‘(ii) knowledge and skill attainment, including 

specification of instruments that will measure knowledge and skill attainment; 

‘‘(iii) attainment of employment both prior to and 

subsequent to release; 


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‘‘(iv) success in employment indicated by job retention and advancement; and 

‘‘(v) recidivism, including such subindicators as 

time before subsequent offense and severity of offense; 

‘‘(5) describes how the proposed program is to be integrated 

with existing State correctional education programs (such as 

adult education, graduate education degree programs, and 

career and technical training) and State industry programs; 

‘‘(6) describes how the proposed program will— 

‘‘(A) deliver services under this section; and 

‘‘(B) utilize technology to deliver such services; and 

‘‘(7) describes how incarcerated individuals will be selected 

so that only those eligible under subsection (e) will be enrolled 

in postsecondary programs. 

‘‘(d) PROGRAM REQUIREMENTS.—Each State correctional education agency receiving a grant under this section shall— 

‘‘(1) annually report to the Secretary regarding— 

‘‘(A) the results of the evaluations conducted using 

data elements and definitions provided by the Secretary 

for the use of State correctional education programs; 

‘‘(B) any objectives or requirements established by the 

Secretary pursuant to subsection (b)(2); 

‘‘(C) the additional performance objectives and evaluation methods contained in the proposal described in subsection (c)(4) as necessary to document the attainment 

of project performance objectives; 

‘‘(D) how the funds provided under this section are 

being allocated among postsecondary preparatory education, postsecondary academic programs, and career and 

technical education programs; and 

‘‘(E) the service delivery methods being used for each 

course offering; and 

‘‘(2) provide for each student eligible under subsection (e) 

not more than— 

‘‘(A) $3,000 annually for tuition, books, and essential 

materials; and 

‘‘(B) $300 annually for related services such as career 

development, substance abuse counseling, parenting skills 

training, and health education. 

‘‘(e) STUDENT ELIGIBILITY.—An incarcerated individual who has 

obtained a secondary school diploma or its recognized equivalent 

shall be eligible for participation in a program receiving a grant 

under this section if such individual— 

‘‘(1) is eligible to be released within seven years (including 

an incarcerated individual who is eligible for parole within 

such time); 

‘‘(2) is 35 years of age or younger; and 

‘‘(3) has not been convicted of— 

‘‘(A) a ‘criminal offense against a victim who is a minor’ 

or a ‘sexually violent offense’, as such terms are defined 

in the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act (42 U.S.C. 14071 

et seq.); or 

‘‘(B) murder, as described in section 1111 of title 18, 

United States Code. 

‘‘(f) LENGTH OF PARTICIPATION.—A State correctional education 

agency receiving a grant under this section shall provide educational 

Deadline. 

Reports. 


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and related services to each participating incarcerated individual 

for a period not to exceed seven years, not more than two years 

of which may be devoted to study in a graduate education degree 

program or to coursework to prepare such individuals to take college 

level courses. Educational and related services shall start during 

the period of incarceration in prison or prerelease, and the related 

services may continue for not more than two years after release 

from confinement. 

‘‘(g) EDUCATION DELIVERY SYSTEMS.—State correctional education agencies and cooperating institutions shall, to the extent 

practicable, use high-tech applications in developing programs to 

meet the requirements and goals of this section. 

‘‘(h) ALLOCATION OF FUNDS.—From the funds appropriated 

pursuant to subsection (i) for each fiscal year, the Secretary shall 

allot to each State an amount that bears the same relationship 

to such funds as the total number of students eligible under subsection (e) in such State bears to the total number of such students 

in all States. 

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

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

be necessary for fiscal years 2009 through 2014.’’. 

SEC. 933. UNDERGROUND RAILROAD EDUCATIONAL AND CULTURAL 

PROGRAM. 

Section 841 of the Higher Education Amendments of 1998 

(20 U.S.C. 1153) is amended— 

(1) in subsection (a), by inserting ‘‘, including the lessons 

to be drawn from such history’’ after ‘‘Railroad’’; 

(2) in subsection (b)— 

(A) by striking paragraphs (1) and (2) and inserting 

the following: 

‘‘(1) to establish a facility to— 

‘‘(A) house, display, interpret, and communicate 

information regarding the artifacts and other materials 

related to the history of the Underground Railroad, 

including the lessons to be drawn from such history; 

‘‘(B) maintain such artifacts and materials; and 

‘‘(C) make the efforts described in subparagraph (A) 

available, including through electronic means, to 

elementary and secondary schools, institutions of higher 

education, and the general public; 

‘‘(2) to demonstrate substantial public and private support 

for the operation of the facility through the implementation 

of a public-private partnership between one or more State or 

local public entities and one or more private entities, which 

public-private partnership shall provide matching funds from 

non-federal sources for the support of the facility in an amount 

equal to or greater than four times the amount of the grant 

awarded under this section;’’; 

(B) in paragraph (4)— 

(i) by inserting ‘‘and maintain’’ after ‘‘establish’’; 

and 

(ii) by inserting ‘‘including the lessons to be drawn 

from the history of the Underground Railroad,’’ after 

‘‘States,’’; and 

(C) in paragraph (5)— 


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(i) by inserting ‘‘and maintain’’ after ‘‘establish’’; 

and 

(ii) by inserting ‘‘, including the lessons to be drawn 

from such history’’ after ‘‘Railroad’’; and 

(3) in subsection (c), by striking ‘‘this section’’ and all 

that follows through the period at the end and inserting 

‘‘$3,000,000 for fiscal year 2009 and each of the five succeeding 

fiscal years.’’. 

SEC. 934. OLYMPIC SCHOLARSHIPS. 

Section 1543(d) of the Higher Education Amendments of 1992 

(20 U.S.C. 1070 note) is amended— 

(1) by striking ‘‘1999’’ and inserting ‘‘2009’’; and 

(2) by striking ‘‘4’’ and inserting ‘‘five’’. 

SEC. 935. ESTABLISHMENT OF A DEPUTY ASSISTANT SECRETARY FOR 

INTERNATIONAL AND FOREIGN LANGUAGE EDUCATION. 

Section 205 of the Department of Education Organization Act 

(20 U.S.C. 3415) is amended to read as follows: 

‘‘OFFICE OF POSTSECONDARY EDUCATION

‘‘SEC. 205. (a) There shall be in the Department an Office 

of Postsecondary Education, to be administered by the Assistant 

Secretary for Postsecondary Education appointed under section 

202(b). The Assistant Secretary shall administer such functions 

affecting postsecondary education, both public and private, as the 

Secretary shall delegate, and shall serve as the principal adviser 

to the Secretary on matters affecting postsecondary education. 

‘‘(b) The Assistant Secretary for Postsecondary Education shall 

appoint a Deputy Assistant Secretary for International and Foreign 

Language Education to perform such functions affecting postsecondary, international, and foreign language education as the Secretary may prescribe. The Deputy Assistant Secretary for International and Foreign Language Education shall— 

‘‘(1) be an individual with extensive background and experience in international and foreign language education; 

‘‘(2) have responsibility for encouraging and promoting the 

study of foreign languages and the study of the cultures of 

other countries at the elementary, secondary, and postsecondary 

levels in the United States; and 

‘‘(3) coordinate with related international and foreign language education programs of other Federal agencies.’’. 

PART D—TRIBAL COLLEGE AND 

UNIVERSITIES; NAVAJO HIGHER EDUCATION 

Subpart 1—Tribal Colleges and Universities 

SEC. 941. REAUTHORIZATION OF THE TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY ASSISTANCE ACT OF 1978. 

(a) CLARIFICATION OF THE DEFINITION OF NATIONAL INDIAN

ORGANIZATION.—Section 2(a)(6) of the Tribally Controlled College 

or University Assistance Act of 1978 (25 U.S.C. 1801(a)(6)) is 

amended by striking ‘‘in the field of Indian education’’ and inserting 

‘‘in the fields of tribally controlled colleges and universities and 

Indian higher education’’. 

Appointments. 

Appropriations 

authorization. 

Appropriations 

authorization. 


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(b) INDIAN STUDENT COUNT.—Section 2(a) of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 

1801(a)) is amended— 

(1) by redesignating paragraphs (7) and (8) as paragraphs 

(8) and (9), respectively; and 

(2) by inserting after paragraph (6) the following: 

‘‘(7) ‘Indian student’ means a student who is— 

‘‘(A) a member of an Indian tribe; or 

‘‘(B) a biological child of a member of an Indian tribe, 

living or deceased;’’. 

(c) CONTINUING EDUCATION.—Section 2(b) of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 

1801(b)) is amended— 

(1) in the matter preceding paragraph (1), by striking ‘‘paragraph (7) of subsection (a)’’ and inserting ‘‘subsection (a)(8)’’; 

(2) by striking paragraph (5) and inserting the following: 

‘‘(5) Eligible credits earned in a continuing education program— 

‘‘(A) shall be determined as one credit for every ten 

contact hours in the case of an institution on a quarter 

system, or 15 contact hours in the case of an institution 

on a semester system, of participation in an organized 

continuing education experience under responsible sponsorship, capable direction, and qualified instruction, as 

described in the criteria established by the International 

Association for Continuing Education and Training; and 

‘‘(B) shall be limited to ten percent of the Indian student count of a tribally controlled college or university.’’; 

and 

(3) by striking paragraph (6). 

(d) ACCREDITATION REQUIREMENT.—Section 103 of the Tribally 

Controlled College or University Assistance Act of 1978 (25 U.S.C. 

1804) is amended— 

(1) in paragraph (2), by striking ‘‘and’’ at the end; 

(2) in paragraph (3), by striking the period at the end 

and inserting ‘‘; and’’; and 

(3) by inserting after paragraph (3), the following: 

‘‘(4)(A) is accredited by a nationally recognized accrediting 

agency or association determined by the Secretary of Education 

to be a reliable authority with regard to the quality of training 

offered; or 

‘‘(B) according to such an agency or association, is making 

reasonable progress toward accreditation.’’. 

(e) TECHNICAL ASSISTANCE CONTRACTS.—Section 105 of the 

Tribally Controlled College or University Assistance Act of 1978 

(25 U.S.C. 1805) is amended— 

(1) by striking the section designation and heading and 

all that follows through ‘‘The Secretary shall’’ and inserting 

the following: 

‘‘SEC. 105. TECHNICAL ASSISTANCE CONTRACTS. 

‘‘(a) TECHNICAL ASSISTANCE.— 

‘‘(1) IN GENERAL.—The Secretary shall’’; 

(2) in the second sentence, by striking ‘‘In the awarding 

of contracts for technical assistance, preference shall be given’’ 

and inserting the following: 


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‘‘(2) DESIGNATED ORGANIZATION.—The Secretary shall 

require that a contract for technical assistance under paragraph 

(1) shall be awarded’’; and 

(3) in the third sentence, by striking ‘‘No authority’’ and 

inserting the following: 

‘‘(b) EFFECT OF SECTION.—No authority’’. 

(f) AMOUNT OF GRANTS.—Section 108(a) of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 

1808(a)) is amended— 

(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting the subparagraphs appropriately; 

(2) by striking ‘‘(a) Except as provided in section 111,’’ 

and inserting the following: 

‘‘(a) REQUIREMENT.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2) 

and section 111,’’; 

(3) in paragraph (1) (as redesignated by paragraphs (1) 

and (2))— 

(A) in the matter preceding subparagraph (A) (as 

redesignated by paragraph (1))— 

(i) by striking ‘‘him’’ and inserting ‘‘the Secretary’’; 

and 

(ii) by striking ‘‘product of’’ and inserting ‘‘product 

obtained by multiplying’’; 

(B) in subparagraph (A) (as redesignated by paragraph 

(1)), by striking ‘‘section 2(a)(7)’’ and inserting ‘‘section 

2(a)(8)’’; and 

(C) in subparagraph (B) (as redesignated by paragraph 

(1)), by striking ‘‘$6,000,’’ and inserting ‘‘$8,000, as adjusted 

annually for inflation.’’; and 

(4) by striking ‘‘except that no grant shall exceed the total 

cost of the education program provided by such college or 

university.’’ and inserting the following: 

‘‘(2) EXCEPTION.—The amount of a grant under paragraph 

(1) shall not exceed an amount equal to the total cost of the 

education program provided by the applicable tribally controlled 

college or university.’’. 

(g) GENERAL PROVISIONS REAUTHORIZATION.—Section 110(a) of 

the Tribally Controlled College or University Assistance Act of 

1978 (25 U.S.C. 1810(a)) is amended— 

(1) in paragraphs (1), (2), (3), and (4), by striking ‘‘1999’’ 

and inserting ‘‘2009’’; 

(2) in paragraphs (1), (2), and (3), by striking ‘‘4 succeeding’’ 

and inserting ‘‘five succeeding’’; 

(3) in paragraph (2), by striking ‘‘$40,000,000’’ and inserting 

‘‘such sums as may be necessary’’; 

(4) in paragraph (3), by striking ‘‘$10,000,000’’ and inserting 

‘‘such sums as may be necessary’’; and 

(5) in paragraph (4), by striking ‘‘succeeding 4’’ and 

inserting ‘‘five succeeding’’. 

(h) ENDOWMENT PROGRAM REAUTHORIZATION.—Section 306(a) 

of the Tribally Controlled College or University Assistance Act 

of 1978 (25 U.S.C. 1836(a)) is amended— 

(1) by striking ‘‘1999’’ and inserting ‘‘2009’’; and 

(2) by striking ‘‘4 succeeding’’ and inserting ‘‘five succeeding’’. 

Contracts. 


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(i) TRIBAL ECONOMIC DEVELOPMENT REAUTHORIZATION.—Section 403 of the Tribal Economic Development and Technology 

Related Education Assistance Act of 1990 (25 U.S.C. 1852) is 

amended— 

(1) by striking ‘‘$2,000,000 for fiscal year 1999’’ and 

inserting ‘‘such sums as may be necessary for fiscal year 2009’’; 

and 

(2) by striking ‘‘4 succeeding’’ and inserting ‘‘five succeeding’’. 

(j) TRIBALLY CONTROLLED POSTSECONDARY CAREER AND TECH- NICAL INSTITUTIONS.— (1) IN GENERAL.—The Tribally Controlled College or 

University Assistance Act of 1978 (25 U.S.C. 1801 et seq.) 

is amended by adding at the end the following: 

‘‘TITLE V—TRIBALLY CONTROLLED 

POSTSECONDARY CAREER AND TECHNICAL INSTITUTIONS 

‘‘SEC. 501. DEFINITION OF TRIBALLY CONTROLLED POSTSECONDARY 

CAREER AND TECHNICAL INSTITUTION. 

‘‘In this title, the term ‘tribally controlled postsecondary career 

and technical institution’ has the meaning given the term in section 

3 of the Carl D. Perkins Career and Technical Education Act 

of 2006 (20 U.S.C. 2302). 

‘‘SEC. 502. TRIBALLY CONTROLLED POSTSECONDARY CAREER AND 

TECHNICAL INSTITUTIONS PROGRAM. 

‘‘(a) IN GENERAL.—Subject to the availability of appropriations, 

for fiscal year 2009 and each fiscal year thereafter, the Secretary 

shall— 

‘‘(1) subject to subsection (b), select two tribally controlled 

postsecondary career and technical institutions to receive assistance under this title; and 

‘‘(2) provide funding to the selected tribally controlled postsecondary career and technical institutions to pay the costs 

(including institutional support costs) of operating postsecondary career and technical education programs for Indian 

students at the tribally controlled postsecondary career and 

technical institutions. 

‘‘(b) SELECTION OF CERTAIN INSTITUTIONS.— 

‘‘(1) REQUIREMENT.—For each fiscal year during which the 

Secretary determines that a tribally controlled postsecondary 

career and technical institution described in paragraph (2) 

meets the definition referred to in section 501, the Secretary 

shall select that tribally controlled postsecondary career and 

technical institution under subsection (a)(1) to receive funding 

under this section. 

‘‘(2) INSTITUTIONS.—The two tribally controlled postsecondary career and technical institutions referred to in paragraph (1) are— 

‘‘(A) the United Tribes Technical College; and 

‘‘(B) the Navajo Technical College. 

‘‘(c) METHOD OF PAYMENT.—For each applicable fiscal year, 

the Secretary shall provide funding under this section to each 

25 USC 1862. 

25 USC 1861. 


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tribally controlled postsecondary career and technical institution 

selected for the fiscal year under subsection (a)(1) in a lump sum 

payment for the fiscal year. 

‘‘(d) DISTRIBUTION.— ‘‘(1) IN GENERAL.—For fiscal year 2009 and each fiscal 

year thereafter, of amounts made available pursuant to section 

504, the Secretary shall distribute to each tribally controlled 

postsecondary career and technical institution selected for the 

fiscal year under subsection (a)(1) an amount equal to the 

greater of— 

‘‘(A) the total amount appropriated for the tribally 

controlled postsecondary career and technical institution 

for fiscal year 2006; or 

‘‘(B) the total amount appropriated for the tribally 

controlled postsecondary career and technical institution 

for fiscal year 2008. 

‘‘(2) EXCESS AMOUNTS.—If, for any fiscal year, the amount 

made available pursuant to section 504 exceeds the sum of 

the amounts required to be distributed under paragraph (1) 

to the tribally controlled postsecondary career and technical 

institutions selected for the fiscal year under subsection (a)(1), 

the Secretary shall distribute to each tribally controlled postsecondary career and technical institution selected for that fiscal 

year a portion of the excess amount, to be determined by— 

‘‘(A) dividing the excess amount by the aggregate 

Indian student count (as defined in section 117(h) of the 

Carl D. Perkins Career and Technical Education Act of 

2006 (20 U.S.C. 2327(h)) of such institutions for the prior 

academic year; and 

‘‘(B) multiplying the quotient described in subparagraph (A) by the Indian student count of each such institution for the prior academic year. 

‘‘SEC. 503. APPLICABILITY OF OTHER LAWS. 

‘‘(a) IN GENERAL.—Paragraphs (4) and (8) of subsection (a), 

and subsection (b), of section 2, sections 105, 108, 111, 112 and 

113, and titles II, III, and IV shall not apply to this title. 

‘‘(b) INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE.—Funds made available pursuant to this title shall be subject 

to the Indian Self-Determination and Education Assistance Act 

(25 U.S.C. 450 et seq.). 

‘‘(c) ELECTION TO RECEIVE.—A tribally controlled postsecondary 

career and technical institution selected for a fiscal year under 

section 502(b) may elect to receive funds pursuant to section 502 

in accordance with an agreement between the tribally controlled 

postsecondary career and technical institution and the Secretary 

under the Indian Self-Determination and Education Assistance Act 

(25 U.S.C. 450 et seq.) if the agreement is in existence on the 

date of enactment of the Higher Education Opportunity Act. 

‘‘(d) OTHER ASSISTANCE.—Eligibility for, or receipt of, assistance 

under this title shall not preclude the eligibility of a tribally controlled postsecondary career and technical institution to receive 

Federal financial assistance under— 

‘‘(1) any program under the Higher Education Act of 1965 

(20 U.S.C. 1001 et seq.); 

‘‘(2) any program under the Carl D. Perkins Career and 

Technical Education Act of 2006; or 

25 USC 1863. 


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PUBLIC LAW 110–315—AUG. 14, 2008 122 STAT. 3465 

‘‘(3) any other applicable program under which a benefit 

is provided for— 

‘‘(A) institutions of higher education; 

‘‘(B) community colleges; or 

‘‘(C) postsecondary educational institutions. 

‘‘SEC. 504. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated such sums as are 

necessary for fiscal year 2009 and each fiscal year thereafter to 

carry out this title.’’. 

(2) CONFORMING AMENDMENTS.—Section 117 of the Carl 

D. Perkins Career and Technical Education Act of 2006 (20 

U.S.C. 2327) is amended— 

(A) by striking subsection (a) and inserting the following: 

‘‘(a) GRANT PROGRAM.—Subject to the availability of appropriations, the Secretary shall make grants under this section, to provide 

basic support for the education and training of Indian students, 

to tribally controlled postsecondary career and technical institutions 

that are not receiving Federal assistance as of the date on which 

the grant is provided under— 

‘‘(1) title I of the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1802 et seq.); or 

‘‘(2) the Navajo Community College Act (25 U.S.C. 640a 

et seq.).’’; and 

(B) by striking subsection (d) and inserting the following: 

‘‘(d) APPLICATIONS.—To be eligible to receive a grant under 

this section, a tribally controlled postsecondary career and technical 

institution that is not receiving Federal assistance under title I 

of the Tribally Controlled Colleges and Universities Assistance Act 

of 1978 (25 U.S.C. 1802 et seq.) or the Navajo Community College 

Act (25 U.S.C. 640a et seq.) shall submit to the Secretary an 

application at such time, in such manner, and containing such 

information as the Secretary may require.’’. 

(k) SHORT TITLE.— 

(1) IN GENERAL.—The first section of the Tribally Controlled 

College or University Assistance Act of 1978 (25 U.S.C. 1801 

note; Public Law 95–471) is amended to read as follows: 

‘‘SECTION 1. SHORT TITLE. 

‘‘This Act may be cited as the ‘Tribally Controlled Colleges 

and Universities Assistance Act of 1978’.’’. 

(2) TECHNICAL AMENDMENTS.— 

(A) EQUITY IN EDUCATIONAL LAND-GRANT STATUS ACT

OF 1994.—Section 533(c)(4)(A) of the Equity in Educational 

Land-Grant Status Act of 1994 (7 U.S.C. 301 note) is 

amended by striking ‘‘Tribally Controlled College or University Assistance Act of 1978’’ and inserting ‘‘Tribally Controlled Colleges and Universities Assistance Act of 1978’’. 

(B) NATIONAL MUSEUM OF THE AMERICAN INDIAN ACT.— Section 10(b)(2) of the National Museum of the American 

Indian Act (20 U.S.C. 80q-8(b)(2)) is amended by striking 

‘‘tribally controlled community colleges (as defined in section 2 of the Tribally Controlled Community College Assistance Act of 1978)’’ and inserting ‘‘tribally controlled colleges 

or universities (as defined in section 2(a) of the Tribally 

25 USC 1864. 


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122 STAT. 3466 PUBLIC LAW 110–315—AUG. 14, 2008 

Controlled Colleges and Universities Assistance Act of 

1978)’’. 

(C) INDIVIDUALS WITH DISABILITIES EDUCATION ACT.— 

Section 602(17)(B) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(17)(B)) is amended— 

(i) by striking ‘‘community college’’ and inserting 

‘‘college or university’’; and 

(ii) by striking ‘‘the Tribally Controlled College 

or University Assistance Act of 1978’’ and inserting 

‘‘the Tribally Controlled Colleges and Universities 

Assistance Act of 1978’’. 

(D) CARL D. PERKINS CAREER AND TECHNICAL EDU- CATION ACT OF 2006.—The Carl D. Perkins Career and 

Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) 

is amended— 

(i) in section 3(33) (20 U.S.C. 2302(33)), by striking 

‘‘the Tribally Controlled College or University Assistance Act of 1978’’ and inserting ‘‘the Tribally Controlled 

Colleges and Universities Assistance Act of 1978’’; 

(ii) in section 117 (20 U.S.C. 2327), by striking 

‘‘the Tribally Controlled College or University Assistance Act of 1978’’ each place the term appears and 

inserting ‘‘the Tribally Controlled Colleges and Universities Assistance Act of 1978’’; and 

(iii) in section 203(a)(1)(B)(i)(I)(bb)(AA) (20 U.S.C. 

2373(a)(1)(B)(i)(I)(bb)(AA)), by striking ‘‘the Tribally 

Controlled College or University Assistance Act of 

1978’’ and inserting ‘‘the Tribally Controlled Colleges 

and Universities Assistance Act of 1978’’. 

(E) OMNIBUS EDUCATION RECONCILIATION ACT OF

1981.—Section 528 of the Omnibus Education Reconciliation 

Act of 1981 (20 U.S.C. 3489) is amended by striking ‘‘the 

Tribally Controlled’’ and all that follows through ‘‘1978’’ 

and inserting ‘‘the Tribally Controlled Colleges and Universities Assistance Act of 1978’’. 

(F) ELEMENTARY AND SECONDARY EDUCATION ACT OF

1965.—The Elementary and Secondary Education Act of 

1965 (20 U.S.C. 6301 et seq.) is amended— 

(i) in section 3301(3) (20 U.S.C. 7011(3)), by 

striking ‘‘the Tribally Controlled College or University 

Assistance Act of 1978’’ and inserting ‘‘the Tribally 

Controlled Colleges and Universities Assistance Act 

of 1978’’; and 

(ii) in section 7134(b)(1)(A) (20 U.S.C. 

7454(b)(1)(A)), by striking ‘‘the Tribally Controlled College or University Assistance Act of 1978’’ and inserting 

‘‘the Tribally Controlled Colleges and Universities 

Assistance Act of 1978’’. 

(G) AUGUSTUS F. HAWKINS-ROBERT T. STAFFORD

ELEMENTARY AND SECONDARY SCHOOL IMPROVEMENT

AMENDMENTS OF 1988.—Section 5404(a)(1) of the Augustus 

F. Hawkins-Robert T. Stafford Elementary and Secondary 

School Improvement Amendments of 1988 (25 U.S.C. 13d– 

2(a)(1)) is amended by striking ‘‘the Tribally Controlled’’ 

and all that follows through ‘‘1978’’ and inserting ‘‘the 

Tribally Controlled Colleges and Universities Assistance 

Act of 1978’’. 


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PUBLIC LAW 110–315—AUG. 14, 2008 122 STAT. 3467 

(H) INDIAN SELF-DETERMINATION AND EDUCATION

ASSISTANCE ACT.—Section 403(b)(4)(A) of the Indian SelfDetermination and Education Assistance Act (25 U.S.C. 

458cc(b)(4)(A)) is amended by striking ‘‘the Tribally Controlled’’ and all that follows through ‘‘1978’’ and inserting 

‘‘the Tribally Controlled Colleges and Universities Assistance Act of 1978’’. 

(I) INDIAN HEALTH CARE IMPROVEMENT ACT.—The 

Indian Health Care Improvement Act (25 U.S.C. 1601 et 

seq.) is amended— 

(i) in section 113(b)(1) (25 U.S.C. 1616f(b)(1)), by 

striking ‘‘tribally-controlled’’ and all that follows 

through ‘‘1978)’’ and inserting ‘‘tribally controlled colleges or universities (within the meaning of section 

2(a)(4) of the Tribally Controlled Colleges and Universities Act of 1978)’’; 

(ii) in section 115(e) (25 U.S.C. 1616h(e)(2))— 

(I) in paragraph (1)(A), by striking ‘‘a tribally 

controlled community college’’ and inserting ‘‘a 

junior or community college that is a tribally controlled college or university’’; and 

(II) by striking paragraph (2) and inserting 

the following: 

‘‘(2) The term ‘tribally controlled college or university’ has 

the meaning given to such term by section 2(a)(4) of the Tribally 

Controlled Colleges and Universities Assistance Act of 1978.’’; 

and 

(iii) by striking paragraph (3) of section 711(g) 

(25 U.S.C. 1665j(g)) and inserting the following: 

‘‘(3) The term ‘tribally controlled community college’ means 

a community college that is a tribally controlled college or 

university, as such term is defined in section 2(a)(4) of the 

Tribally Controlled Colleges and Universities Assistance Act 

of 1978.’’. 

(J) INDIAN CHILD PROTECTION AND FAMILY VIOLENCE

PREVENTION ACT.—Section 411(d)(5)(C) of the Indian Child 

Protection and Family Violence Prevention Act (25 U.S.C. 

3210(d)(5)(C)) is amended by striking ‘‘tribally controlled’’ 

and all that follows through the semicolon at the end 

and inserting ‘‘tribally controlled college or university 

(within the meaning of section 2 of the Tribally Controlled 

Colleges and Universities Assistance Act of 1978);’’. 

(K) ASSISTIVE TECHNOLOGY ACT OF 1998.—Section 3(11) 

of the Assistive Technology Act of 1998 (29 U.S.C. 3002(11)) 

is amended by striking ‘‘the Tribally Controlled College 

or University Assistance Act of 1978’’ and inserting ‘‘the 

Tribally Controlled Colleges and Universities Assistance 

Act of 1978’’. 

(L) ATOMIC ENERGY ACT OF 1954.—Section 244(a)(3) 

of the Atomic Energy Act of 1954 (42 U.S.C. 2015c(a)(3)) 

is amended by striking ‘‘the Tribally Controlled College 

or University Assistance Act of 1978’’ and inserting ‘‘the 

Tribally Controlled Colleges and Universities Assistance 

Act of 1978’’. 

(M) DEPARTMENT OF ENERGY SCIENCE EDUCATION

ENHANCEMENT ACT.—Section 3167(a)(5) of the Department 

of Energy Science Education Enhancement Act (42 U.S.C. 

Definition. 


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122 STAT. 3468 PUBLIC LAW 110–315—AUG. 14, 2008 

7381c–1(a)(5)) is amended by striking ‘‘the Tribally Controlled College Assistance Act of 1978’’ and inserting ‘‘the 

Tribally Controlled Colleges and Universities Assistance 

Act of 1978’’. 

(N) ED 1.0 ACT.—The ED 1.0 Act (47 U.S.C. 902 note) 

is amended in subsection (a)(2)(C) by striking ‘‘the Tribally 

Controlled College or University Assistance Act of 1978’’ 

and inserting ‘‘the Tribally Controlled Colleges and Universities Assistance Act of 1978’’. 

Subpart 2—Navajo Higher Education 

SEC. 945. SHORT TITLE. 

This subpart may be cited as the ‘‘Navajo Nation Higher Education Act of 2008’’. 

SEC. 946. REAUTHORIZATION OF NAVAJO COMMUNITY COLLEGE ACT. 

(a) PURPOSE.—Section 2 of the Navajo Community College Act 

(25 U.S.C. 640a) is amended— 

(1) by striking ‘‘Navajo Tribe of Indians’’ and inserting 

‘‘Navajo Nation’’; and 

(2) by striking ‘‘the Navajo Community College’’ and 

inserting ‘‘Dine ́ College’’. 

(b) GRANTS.—Section 3 of the Navajo Community College Act 

(25 U.S.C. 640b) is amended— 

(1) in the first sentence— 

(A) by inserting ‘‘the’’ before ‘‘Interior’’; 

(B) by striking ‘‘Navajo Tribe of Indians’’ and inserting 

‘‘Navajo Nation’’; and 

(C) by striking ‘‘the Navajo Community College’’ and 

inserting ‘‘Dine ́ College’’; and 

(2) in the second sentence— 

(A) by striking ‘‘Navajo Tribe’’ and inserting ‘‘Navajo 

Nation’’; and 

(B) by striking ‘‘Navajo Indians’’ and inserting ‘‘Navajo 

people’’. 

(c) STUDY OF FACILITIES NEEDS.—Section 4 of the Navajo 

Community College Act (25 U.S.C. 640c) is amended— 

(1) in subsection (a)— 

(A) in the first sentence— 

(i) by striking ‘‘the Navajo Community College’’ 

and inserting ‘‘Dine College’’; and 

(ii) by striking ‘‘August 1, 1979’’ and inserting 

‘‘October 31, 2010’’; and 

(B) in the second sentence, by striking ‘‘Navajo Tribe’’ 

and inserting ‘‘Navajo Nation’’; 

(2) in subsection (b), by striking ‘‘the date of enactment 

of the Tribally Controlled Community College Assistance Act 

of 1978’’ and inserting ‘‘October 1, 2007’’; and 

(3) in subsection (c), in the first sentence, by striking ‘‘the 

Navajo Community College’’ and inserting ‘‘Dine ́ College’’. 

(d) AUTHORIZATION OF APPROPRIATIONS.—Section 5 of the 

Navajo Community College Act (25 U.S.C. 640c–1) is amended— 

(1) in subsection (a)— 

(A) in paragraph (1), by striking ‘‘$2,000,000’’ and all 

that follows through the end of the paragraph and inserting 

25 USC 640a 

note. 

Navajo Nation 

Higher Education 

Act of 2008. 


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PUBLIC LAW 110–315—AUG. 14, 2008 122 STAT. 3469 

‘‘such sums as are necessary for fiscal years 2009 through 

2014.’’; and 

(B) by adding at the end the following: 

‘‘(3) Sums described in paragraph (2) shall be used to provide 

grants for construction activities, including the construction of 

buildings, water and sewer facilities, roads, information technology 

and telecommunications infrastructure, classrooms, and external 

structures (such as walkways).’’; 

(2) in subsection (b)(1)— 

(A) in the matter preceding subparagraph (A)— 

(i) by striking ‘‘the Navajo Community College’’ 

and inserting ‘‘Dine ́ College’’; and 

(ii) by striking ‘‘, for each fiscal year’’ and all 

that follows through ‘‘for—’’ and inserting ‘‘such sums 

as are necessary for fiscal years 2009 through 2014 

to pay the cost of—’’; 

(B) in subparagraph (A)— 

(i) by striking ‘‘college’’ and inserting ‘‘College’’; 

(ii) in clauses (i) and (iii), by striking the commas 

at the ends of the clauses and inserting semicolons; 

and 

(iii) in clause (ii), by striking ‘‘, and’’ at the end 

and inserting ‘‘; and’’; 

(C) in subparagraph (B), by striking the comma at 

the end and inserting a semicolon; 

(D) in subparagraph (C), by striking ‘‘, and’’ at the 

end and inserting a semicolon; 

(E) in subparagraph (D), by striking the period at 

the end and inserting ‘‘; and’’; and 

(F) by adding at the end the following: 

‘‘(E) improving and expanding the College, including 

by providing, for the Navajo people and others in the 

community of the College— 

‘‘(i) higher education programs; 

‘‘(ii) career and technical education; 

‘‘(iii) activities relating to the preservation and 

protection of the Navajo language, philosophy, and culture; 

‘‘(iv) employment and training opportunities; 

‘‘(v) economic development and community outreach; and 

‘‘(vi) a safe learning, working, and living environment.’’; and 

(3) in subsection (c), by striking ‘‘the Navajo Community 

College’’ and inserting ‘‘Dine ́ College’’. 

(e) EFFECT ON OTHER LAWS.—Section 6 of the Navajo Community College Act (25 U.S.C. 640c–2) is amended— 

(1) by striking ‘‘the Navajo Community College’’ each place 

it appears and inserting ‘‘Dine ́ College’’; and 

(2) in subsection (b), by striking ‘‘college’’ and inserting 

‘‘College’’. 

(f) PAYMENTS; INTEREST.—Section 7 of the Navajo Community 

College Act (25 U.S.C. 640c–3) is amended by striking ‘‘the Navajo 

Community College’’ each place it appears and inserting ‘‘Dine ́

College’’. 

Grants. 


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122 STAT. 3470 PUBLIC LAW 110–315—AUG. 14, 2008 

PART E—OMNIBUS CRIME CONTROL AND SAFE 

STREETS ACT OF 1968 

SEC. 951. SHORT TITLE. 

This part may be cited as the ‘‘John R. Justice Prosecutors 

and Defenders Incentive Act of 2008’’. 

SEC. 952. LOAN REPAYMENT FOR PROSECUTORS AND DEFENDERS. 

Title I of the Omnibus Crime Control and Safe Streets Act 

of 1968 (42 U.S.C. 3711 et seq.) is amended by inserting after 

part II (42 U.S.C. 3797cc et seq.) the following: 

‘‘PART JJ—LOAN REPAYMENT FOR 

PROSECUTORS AND PUBLIC DEFENDERS 

‘‘SEC. 3001. GRANT AUTHORIZATION. 

‘‘(a) PURPOSE.—The purpose of this section is to encourage 

qualified individuals to enter and continue employment as prosecutors and public defenders. 

‘‘(b) DEFINITIONS.—In this section: 

‘‘(1) PROSECUTOR.—The term ‘prosecutor’ means a full-time 

employee of a State or unit of local government who— 

‘‘(A) is continually licensed to practice law; and 

‘‘(B) prosecutes criminal or juvenile delinquency cases 

at the State or unit of local government level (including 

supervision, education, or training of other persons prosecuting such cases). 

‘‘(2) PUBLIC DEFENDER.—The term ‘public defender’ means 

an attorney who— 

‘‘(A) is continually licensed to practice law; and 

‘‘(B) is— 

‘‘(i) a full-time employee of a State or unit of local 

government who provides legal representation to 

indigent persons in criminal or juvenile delinquency 

cases (including supervision, education, or training of 

other persons providing such representation); 

‘‘(ii) a full-time employee of a nonprofit organization operating under a contract with a State or unit 

of local government, who devotes substantially all of 

the employee’s full-time employment to providing legal 

representation to indigent persons in criminal or juvenile delinquency cases (including supervision, education, or training of other persons providing such representation); or 

‘‘(iii) employed as a full-time Federal defender 

attorney in a defender organization established pursuant to subsection (g) of section 3006A of title 18, United 

States Code, that provides legal representation to 

indigent persons in criminal or juvenile delinquency 

cases. 

‘‘(3) STUDENT LOAN.— 

‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(B), the term ‘student loan’ means— 

‘‘(i) a loan made, insured, or guaranteed under 

part B of title IV of the Higher Education Act of 

1965 (20 U.S.C. 1071 et seq.); 

42 USC 

3797cc–21. 

42 USC 3711 

note. 

John R. Justice 

Prosecutors and 

Defenders 

Incentive 

Act of 2008. 


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PUBLIC LAW 110–315—AUG. 14, 2008 122 STAT. 3471 

‘‘(ii) a loan made under part D or E of title IV 

of the Higher Education Act of 1965 (20 U.S.C. 1087a 

et seq. and 1087aa et seq.); and 

‘‘(iii) a loan made under section 428C or 455(g) 

of the Higher Education Act of 1965 (20 U.S.C. 1078– 

3 and 1087e(g)). 

‘‘(B) EXCLUSION OF PARENT PLUS LOANS.—The term 

‘student loan’ does not include any of the following loans: 

‘‘(i) A loan made to the parents of a dependent 

student under section 428B of the Higher Education 

Act of 1965 (20 U.S.C. 1078–2). 

‘‘(ii) A Federal Direct PLUS Loan made to the 

parents of a dependent student. 

‘‘(iii) A loan made under section 428C or 455(g) 

of the Higher Education Act of 1965 (20 U.S.C. 1078– 

3 and 1087e(g)) to the extent that such loan was used 

to repay a loan described in clause (i) or (ii). 

‘‘(c) PROGRAM AUTHORIZED.—The Attorney General shall establish a program by which the Department of Justice shall assume 

the obligation to repay a student loan, by direct payments on 

behalf of a borrower to the holder of such loan, in accordance 

with subsection (d), for any borrower who— 

‘‘(1) is employed as a prosecutor or public defender; and 

‘‘(2) is not in default on a loan for which the borrower 

seeks forgiveness. 

‘‘(d) TERMS OF AGREEMENT.— 

‘‘(1) IN GENERAL.—To be eligible to receive repayment benefits under subsection (c), a borrower shall enter into a written 

agreement that specifies that— 

‘‘(A) the borrower will remain employed as a prosecutor 

or public defender for a required period of service of not 

less than three years, unless involuntarily separated from 

that employment; 

‘‘(B) if the borrower is involuntarily separated from 

employment on account of misconduct, or voluntarily separates from employment, before the end of the period specified in the agreement, the borrower will repay the Attorney 

General the amount of any benefits received by such 

employee under this section; 

‘‘(C) if the borrower is required to repay an amount 

to the Attorney General under subparagraph (B) and fails 

to repay such amount, a sum equal to that amount shall 

be recoverable by the Federal Government from the 

employee (or such employee’s estate, if applicable) by such 

methods as are provided by law for the recovery of amounts 

owed to the Federal Government; 

‘‘(D) the Attorney General may waive, in whole or 

in part, a right of recovery under this subsection if it 

is shown that recovery would be against equity and good 

conscience or against the public interest; and 

‘‘(E) the Attorney General shall make student loan 

payments under this section for the period of the agreement, subject to the availability of appropriations. 

‘‘(2) REPAYMENTS.— 

‘‘(A) IN GENERAL.—Any amount repaid by, or recovered 

from, an individual or the estate of an individual under 

this subsection shall be credited to the appropriation 


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122 STAT. 3472 PUBLIC LAW 110–315—AUG. 14, 2008 

account from which the amount involved was originally 

paid. 

‘‘(B) MERGER.—Any amount credited under subparagraph (A) shall be merged with other sums in such account 

and shall be available for the same purposes and period, 

and subject to the same limitations, if any, as the sums 

with which the amount was merged. 

‘‘(3) LIMITATIONS.— 

‘‘(A) STUDENT LOAN PAYMENT AMOUNT.—Student loan 

repayments made by the Attorney General under this section shall be made subject to such terms, limitations, or 

conditions as may be mutually agreed upon by the borrower 

and the Attorney General in an agreement under paragraph (1), except that the amount paid by the Attorney 

General under this section shall not exceed— 

‘‘(i) $10,000 for any borrower in any calendar year; 

or 

‘‘(ii) an aggregate total of $60,000 in the case of 

any borrower. 

‘‘(B) BEGINNING OF PAYMENTS.—Nothing in this section 

shall authorize the Attorney General to pay any amount 

to reimburse a borrower for any repayments made by such 

borrower prior to the date on which the Attorney General 

entered into an agreement with the borrower under this 

subsection. 

‘‘(e) ADDITIONAL AGREEMENTS.— 

‘‘(1) IN GENERAL.—On completion of the required period 

of service under an agreement under subsection (d), the borrower and the Attorney General may, subject to paragraph 

(2), enter into an additional agreement in accordance with 

subsection (d). 

‘‘(2) TERM.—An agreement entered into under paragraph 

(1) may require the borrower to remain employed as a prosecutor or public defender for less than three years. 

‘‘(f) AWARD BASIS; PRIORITY.— 

‘‘(1) AWARD BASIS.—Subject to paragraph (2), the Attorney 

General shall provide repayment benefits under this section— 

‘‘(A) giving priority to borrowers who have the least 

ability to repay their loans, except that the Attorney General shall determine a fair allocation of repayment benefits 

among prosecutors and public defenders, and among 

employing entities nationwide; and 

‘‘(B) subject to the availability of appropriations. 

‘‘(2) PRIORITY.—The Attorney General shall give priority 

in providing repayment benefits under this section in any fiscal 

year to a borrower who— 

‘‘(A) received repayment benefits under this section 

during the preceding fiscal year; and 

‘‘(B) has completed less than three years of the first 

required period of service specified for the borrower in 

an agreement entered into under subsection (d). 

‘‘(g) REGULATIONS.—The Attorney General is authorized to issue 

such regulations as may be necessary to carry out the provisions 

of this section. 

‘‘(h) REPORT BY INSPECTOR GENERAL.—Not later than three 

years after the date of the enactment of this section, the Inspector 


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General of the Department of Justice shall submit to Congress 

a report on— 

‘‘(1) the cost of the program authorized under this section; 

and 

‘‘(2) the impact of such program on the hiring and retention 

of prosecutors and public defenders. 

‘‘(i) GAO STUDY.—Not later than one year after the date of 

the enactment of this section, the Comptroller General shall conduct 

a study of, and report to Congress on, the impact that law school 

accreditation requirements and other factors have on the costs 

of law school and student access to law school, including the impact 

of such requirements on racial and ethnic minorities. 

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

to be appropriated to carry out this section $25,000,000 for fiscal 

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

five succeeding fiscal years.’’. 

PART F—INSTITUTIONAL LOAN REPAYMENT 

ASSISTANCE PROGRAMS 

SEC. 961. INSTITUTIONAL LOAN FORGIVENESS PROGRAMS. 

Notwithstanding any other provision of law— 

(1) a public or private institution of higher education may 

provide an officer or employee of any branch of the United 

States Government, of any independent agency of the United 

States, or of the District of Columbia, who is a current or 

former student of such institution, financial assistance for the 

purpose of repaying a student loan or providing forbearance 

of student loan repayment if— 

(A) such repayment or forbearance is provided to such 

officer or employee in accordance with a written, published 

policy of the institution relating to repaying or providing 

forbearance, respectively, for students or former students 

who perform public service; and 

(B) in the case of a former student of the institution 

of higher education, the policy described in subparagraph 

(A) was in effect at the institution of higher education 

on the day before the date such officer or employee graduated from or otherwise ceased being a student at such 

institution; and 

(2) an officer or employee of any branch of the United 

States Government, of any independent agency of the United 

States, or of the District of Columbia may receive repayment 

or forbearance permitted under paragraph (1). 

PART G—MINORITY SERVING INSTITUTION 

DIGITAL AND WIRELESS TECHNOLOGY OPPORTUNITY PROGRAM 

SEC. 971. MINORITY SERVING INSTITUTION DIGITAL AND WIRELESS 

TECHNOLOGY OPPORTUNITY PROGRAM. 

Section 5 of the Stevenson-Wydler Technology Innovation Act 

of 1980 (15 U.S.C. 3704) is amended by inserting after subsection 

(b) the following: 

‘‘(c) MINORITY SERVING INSTITUTION DIGITAL AND WIRELESS

TECHNOLOGY OPPORTUNITY PROGRAM.— 

5 USC 5379 

note. 

Deadline. 

Reports. 


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122 STAT. 3474 PUBLIC LAW 110–315—AUG. 14, 2008 

‘‘(1) IN GENERAL.—The Secretary shall establish a Minority 

Serving Institution Digital and Wireless Technology Opportunity Program that awards grants, cooperative agreements, 

and contracts to eligible institutions to enable the eligible 

institutions in acquiring, and augmenting the institutions’ use 

of, digital and wireless networking technologies to improve 

the quality and delivery of educational services at eligible 

institutions. 

‘‘(2) APPLICATION AND REVIEW PROCEDURES.— 

‘‘(A) IN GENERAL.—To be eligible to receive a grant, 

cooperative agreement, or contract under this subsection, 

an eligible institution shall submit an application to the 

Secretary at such time, in such manner, and containing 

such information as the Secretary may require. Such 

application, at a minimum, shall include a description of 

how the funds will be used, including a description of 

any digital and wireless networking technology to be 

acquired, and a description of how the institution will 

ensure that digital and wireless networking technology will 

be made accessible to, and employed by, students, faculty, 

and administrators. The Secretary, consistent with 

subparagraph (C) and in consultation with the advisory 

council established under subparagraph (B), shall establish 

procedures to review such applications. The Secretary shall 

publish the application requirements and review criteria 

in the Federal Register, along with a statement describing 

the availability of funds. 

‘‘(B) ADVISORY COUNCIL.—The Secretary shall establish 

an advisory council to advise the Secretary on the best 

approaches to encourage maximum participation by eligible 

institutions in the program established under paragraph 

(1), and on the procedures to review applications submitted 

to the program. In selecting the members of the advisory 

council, the Secretary shall consult with representatives 

of appropriate organizations, including representatives of 

eligible institutions, to ensure that the membership of the 

advisory council includes representatives of minority 

businesses and eligible institution communities. The Secretary shall also consult with experts in digital and wireless 

networking technology to ensure that such expertise is 

represented on the advisory council. 

‘‘(C) REVIEW PANELS.—Each application submitted 

under this subsection by an eligible institution shall be 

reviewed by a panel of individuals selected by the Secretary 

to judge the quality and merit of the proposal, including 

the extent to which the eligible institution can effectively 

and successfully utilize the proposed grant, cooperative 

agreement, or contract to carry out the program described 

in paragraph (1). The Secretary shall ensure that the 

review panels include representatives of minority serving 

institutions and others who are knowledgeable about 

eligible institutions and technology issues. The Secretary 

shall ensure that no individual assigned under this subsection to review any application has a conflict of interest 

with regard to that application. The Secretary shall take 

into consideration the recommendations of the review panel 

Federal Register, 

publication. 

Requirements. 

Criteria. 

Procedures. 

Grants. 

Contracts. 


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PUBLIC LAW 110–315—AUG. 14, 2008 122 STAT. 3475 

in determining whether to award a grant, cooperative 

agreement, or contract to an eligible institution. 

‘‘(3) AWARDS.— 

‘‘(A) LIMITATION.—An eligible institution that receives 

a grant, cooperative agreement, or contract under this subsection that exceeds $2,500,000 shall not be eligible to 

receive another grant, cooperative agreement, or contract 

under this subsection. 

‘‘(B) CONSORTIA.—Grants, cooperative agreements, and 

contracts may only be awarded to eligible institutions. 

Eligible institutions may seek funding under this subsection for consortia, which may include other eligible 

institutions, a State or a State educational agency, local 

educational agencies, institutions of higher education, 

community-based organizations, national nonprofit 

organizations, or businesses, including minority businesses. 

‘‘(C) PLANNING GRANTS.—The Secretary may provide 

funds to develop strategic plans to implement grants, 

cooperative agreements, or contracts awarded under this 

subsection. 

‘‘(D) INSTITUTIONAL DIVERSITY.—In awarding grants, 

cooperative agreements, and contracts to eligible institutions, the Secretary shall ensure, to the extent practicable, 

that awards are made to all types of institutions eligible 

for assistance under this subsection. 

‘‘(E) NEED.—In awarding funds under this subsection, 

the Secretary shall give priority to the eligible institution 

with the greatest demonstrated need for assistance. 

‘‘(4) AUTHORIZED ACTIVITIES.—An eligible institution may 

use a grant, cooperative agreement, or contract awarded under 

this subsection— 

‘‘(A) to acquire equipment, instrumentation, networking capability, hardware and software, digital network 

technology, wireless technology, and infrastructure to further the objective of the program described in paragraph 

(1); 

‘‘(B) to develop and provide training, education, and 

professional development programs, including faculty 

development, to increase the use of, and usefulness of, 

digital and wireless networking technology; 

‘‘(C) to provide teacher education, including the provision of preservice teacher training and in-service professional development at eligible institutions, library and 

media specialist training, and preschool and teacher aid 

certification to individuals who seek to acquire or enhance 

technology skills in order to use digital and wireless networking technology in the classroom or instructional 

process, including instruction in science, mathematics, 

engineering, and technology subjects; 

‘‘(D) to obtain capacity-building technical assistance, 

including through remote technical support, technical 

assistance workshops, and distance learning services; or 

‘‘(E) to foster the use of digital and wireless networking 

technology to improve research and education, including 

scientific, mathematics, engineering, and technology 

instruction. 


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122 STAT. 3476 PUBLIC LAW 110–315—AUG. 14, 2008 

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

convene an annual meeting of eligible institutions receiving 

grants, cooperative agreements, or contracts under this subsection to foster collaboration and capacity-building activities 

among eligible institutions. 

‘‘(6) MATCHING REQUIREMENT.—The Secretary may not 

award a grant, cooperative agreement, or contract to an eligible 

institution under this subsection unless such institution agrees 

that, with respect to the costs incurred by the institution in 

carrying out the program for which the grant, cooperative agreement, or contract was awarded, such institution shall make 

available, directly, or through donations from public or private 

entities, non-Federal contributions in an amount equal to 25 

percent of the grant, cooperative agreement, or contract 

awarded by the Secretary, or $500,000, whichever is the lesser 

amount. The Secretary shall waive the matching requirement 

for any institution or consortium with no endowment, or an 

endowment that has a current dollar value lower than 

$50,000,000. 

‘‘(7) ANNUAL REPORT AND ASSESSMENTS.— 

‘‘(A) ANNUAL REPORT REQUIRED FROM RECIPIENTS.— 

Each eligible institution that receives a grant, cooperative 

agreement, or contract awarded under this subsection shall 

provide an annual report to the Secretary on its use of 

the grant, cooperative agreement, or contract. 

‘‘(B) INDEPENDENT ASSESSMENTS.— 

‘‘(i) CONTRACT TO CONDUCT ASSESSMENTS.—Not 

later than 6 months after the date of enactment of 

this subsection, the Secretary shall enter into a contract with the National Academy of Public Administration to conduct periodic assessments of the program 

established under paragraph (1). The assessments shall 

be conducted once every 3 years during the 10-year 

period following the date of enactment of this subsection. 

‘‘(ii) EVALUATIONS AND RECOMMENDATIONS.—The 

assessments described in clause (i) shall include— 

‘‘(I) an evaluation of the effectiveness of the 

program established under paragraph (1) in 

improving the education and training of students, 

faculty, and staff at eligible institutions that have 

been awarded grants, cooperative agreements, or 

contracts under the program; 

‘‘(II) an evaluation of the effectiveness of the 

program in improving access to, and familiarity 

with, digital and wireless networking technology 

for students, faculty, and staff at all eligible 

institutions; 

‘‘(III) an evaluation of the procedures established under paragraph (2)(A); and 

‘‘(IV) recommendations for improving the program, including recommendations concerning the 

continuing need for Federal support. 

‘‘(iii) REVIEW OF REPORTS.—In carrying out the 

assessments under this subparagraph, the National 

Academy of Public Administration shall review the 

Deadlines. 

Waiver authority. 


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PUBLIC LAW 110–315—AUG. 14, 2008 122 STAT. 3477 

reports submitted to the Secretary under subparagraph 

(A). 

‘‘(iv) REPORT TO CONGRESS.—Upon completion of 

each assessment under this subparagraph, the Secretary shall transmit the assessment to Congress along 

with a summary of the Secretary’s plans, if any, to 

implement the recommendations of the National 

Academy of Public Administration. 

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

‘‘(A) DIGITAL AND WIRELESS NETWORKING TECH- NOLOGY.—The term ‘digital and wireless networking technology’ means computer and communications equipment 

and software that facilitates the transmission of information in a digital format. 

‘‘(B) ELIGIBLE INSTITUTION.—The term ‘eligible institution’ means an institution that is— 

‘‘(i) a part B institution, as defined in section 322(2) 

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

1061(2)), an institution identified in subparagraph (A), 

(B), or (C) of section 326(e)(1) of such Act (20 U.S.C. 

1063b(e)(1)(A), (B), or (C)), or a consortium of institutions described in this clause; 

‘‘(ii) a Hispanic-serving institution, as defined in 

section 502(a)(5) of the Higher Education Act of 1965 

(20 U.S.C. 1101a(a)(5)); 

‘‘(iii) a Tribal College or University, as defined 

in section 316(b)(3) of the Higher Education Act of 

1965 (20 U.S.C. 1059c(b)(3)); 

‘‘(iv) an Alaska Native-serving institution, as 

defined in section 317(b) of the Higher Education Act 

of 1965 (20 U.S.C. 1059d(b)); 

‘‘(v) a Native Hawaiian-serving institution, as 

defined in section 317(b) of the Higher Education Act 

of 1965 (20 U.S.C. 1059d(b)); 

‘‘(vi) a Predominately Black Institution, as defined 

in section 318 of the Higher Education Act of 1965 

(20 U.S.C. 1059e); 

‘‘(vii) a Native American-serving, nontribal institution, as defined in section 319 of the Higher Education 

Act of 1965 (20 U.S.C. 1059f); 

‘‘(viii) an Asian American and Native American 

Pacific Islander-serving institution, as defined in section 320 of the Higher Education Act of 1965 (20 U.S.C. 

1059g); or 

‘‘(ix) a minority institution, as defined in section 

365 of the Higher Education Act of 1965 (20 U.S.C. 

1067k), with an enrollment of needy students, as 

defined in section 312(d) of the Higher Education Act 

of 1965 (20 U.S.C. 1058(d)). 

‘‘(C) INSTITUTION OF HIGHER EDUCATION.—The term 

‘institution of higher education’ has the meaning given 

the term in section 101 of the Higher Education Act of 

1965 (20 U.S.C. 1001). 

‘‘(D) LOCAL EDUCATIONAL AGENCY.—The term ‘local 

educational agency’ has the meaning given the term in 

section 9101 of the Elementary and Secondary Education 

Act of 1965 (20 U.S.C. 7801). 


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122 STAT. 3478 PUBLIC LAW 110–315—AUG. 14, 2008 

‘‘(E) MINORITY BUSINESS.—The term ‘minority business’ 

includes HUBZone small business concerns (as defined in 

section 3(p) of the Small Business Act (15 U.S.C. 632(p))). 

‘‘(F) MINORITY INDIVIDUAL.—The term ‘minority individual’ means an American Indian, Alaskan Native, Black 

(not of Hispanic origin), Hispanic (including persons of 

Mexican, Puerto Rican, Cuban, and Central or South American origin), or Pacific Islander individual. 

‘‘(G) STATE.—The term ‘State’ has the meaning given 

the term in section 9101 of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 7801). 

‘‘(H) STATE EDUCATIONAL AGENCY.—The term ‘State 

educational agency’ has the meaning given the term in 

section 9101 of the Elementary and Secondary Education 

Act of 1965 (20 U.S.C. 7801).’’. 

SEC. 972. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to the Secretary of 

Commerce to carry out section 5(c) of the Stevenson-Wydler Technology Innovation Act of 1980 such sums as may be necessary 

for each of the fiscal years 2009 through 2012. 

TITLE X—PRIVATE STUDENT LOAN 

IMPROVEMENT 

SEC. 1001. SHORT TITLE. 

This title may be cited as the ‘‘Private Student Loan Transparency and Improvement Act of 2008’’. 

SEC. 1002. REGULATIONS. 

Not later than 365 days after the date of enactment of this 

Act, the Board of Governors of the Federal Reserve System shall 

issue regulations in final form to implement paragraphs (1), (2), 

(3), (4), (6), (7), and (8) of section 128(e) and section 140(c) of 

the Truth in Lending Act, as added by this title, which regulations 

shall become effective not later than 6 months after their date 

of issuance. 

SEC. 1003. EFFECTIVE DATES. 

(a) IN GENERAL.—Except as provided in subsection (b) and 

as otherwise provided in this title, this title and the amendments 

made by this title shall become effective on the date of enactment 

of this Act. 

(b) EFFECT NOTWITHSTANDING REGULATIONS.—Paragraphs (1), 

(2), (3), (4), (6), (7), and (8) of section 128(e) and section 140(c) 

of the Truth in Lending Act, as added by this title, shall become 

effective on the earlier of the date on which regulations issued 

under section 1002 become effective or 18 months after the date 

of enactment of this Act. 

15 USC 1638 

note. 

Deadlines. 

Effective date. 

15 USC 1638 

note. 

15 USC 1601 

note. 

Private Student 

Loan 

Transparency 

and 

Improvement 

Act of 2008. 


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PUBLIC LAW 110–315—AUG. 14, 2008 122 STAT. 3479 

Subtitle A—Preventing Unfair and Deceptive Private Educational Lending Practices and Eliminating Conflicts of Interest 

SEC. 1011. AMENDMENT TO THE TRUTH IN LENDING ACT. 

(a) PREVENTING UNFAIR AND DECEPTIVE PRIVATE EDUCATIONAL

LENDING PRACTICES AND CONFLICTS OF INTEREST.—Chapter 2 of 

the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended 

by adding at the end the following new section: 

‘‘§ 140. Preventing unfair and deceptive private educational 

lending practices and eliminating conflicts of 

interest 

‘‘(a) DEFINITIONS.—As used in this section— 

‘‘(1) the term ‘covered educational institution’— 

‘‘(A) means any educational institution that offers a 

postsecondary educational degree, certificate, or program 

of study (including any institution of higher education); 

and 

‘‘(B) includes an agent, officer, or employee of the educational institution; 

‘‘(2) the term ‘gift’— 

‘‘(A)(i) means any gratuity, favor, discount, entertainment, hospitality, loan, or other item having more than 

a de minimis monetary value, including services, transportation, lodging, or meals, whether provided in kind, by 

purchase of a ticket, payment in advance, or reimbursement 

after the expense has been incurred; and 

‘‘(ii) includes an item described in clause (i) provided 

to a family member of an officer, employee, or agent of 

a covered educational institution, or to any other individual 

based on that individual’s relationship with the officer, 

employee, or agent, if— 

‘‘(I) the item is provided with the knowledge and 

acquiescence of the officer, employee, or agent; and 

‘‘(II) the officer, employee, or agent has reason 

to believe the item was provided because of the official 

position of the officer, employee, or agent; and 

‘‘(B) does not include— 

‘‘(i) standard informational material related to a 

loan, default aversion, default prevention, or financial 

literacy; 

‘‘(ii) food, refreshments, training, or informational 

material furnished to an officer, employee, or agent 

of a covered educational institution, as an integral 

part of a training session or through participation in 

an advisory council that is designed to improve the 

service of the private educational lender to the covered 

educational institution, if such training or participation 

contributes to the professional development of the 

officer, employee, or agent of the covered educational 

institution; 

15 USC 1650. 


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122 STAT. 3480 PUBLIC LAW 110–315—AUG. 14, 2008 

‘‘(iii) favorable terms, conditions, and borrower 

benefits on a private education loan provided to a 

student employed by the covered educational institution, if such terms, conditions, or benefits are not provided because of the student’s employment with the 

covered educational institution; 

‘‘(iv) the provision of financial literacy counseling 

or services, including counseling or services provided 

in coordination with a covered educational institution, 

to the extent that such counseling or services are not 

undertaken to secure— 

‘‘(I) applications for private education loans 

or private education loan volume; 

‘‘(II) applications or loan volume for any loan 

made, insured, or guaranteed under title IV of 

the Higher Education Act of 1965 (20 U.S.C. 1070 

et seq.); or 

‘‘(III) the purchase of a product or service of 

a specific private educational lender; 

‘‘(v) philanthropic contributions to a covered educational institution from a private educational lender 

that are unrelated to private education loans and are 

not made in exchange for any advantage related to 

private education loans; or 

‘‘(vi) State education grants, scholarships, or financial aid funds administered by or on behalf of a State; 

‘‘(3) the term ‘institution of higher education’ has the same 

meaning as in section 102 of the Higher Education Act of 

1965 (20 U.S.C. 1002); 

‘‘(4) the term ‘postsecondary educational expenses’ means 

any of the expenses that are included as part of the cost 

of attendance of a student, as defined under section 472 of 

the Higher Education Act of 1965 (20 U.S.C. 1087ll); 

‘‘(5) the term ‘preferred lender arrangement’ has the same 

meaning as in section 151 of the Higher Education Act of 

1965; 

‘‘(6) the term ‘private educational lender’ means— 

‘‘(A) a financial institution, as defined in section 3 

of the Federal Deposit Insurance Act (12 U.S.C. 1813) 

that solicits, makes, or extends private education loans; 

‘‘(B) a Federal credit union, as defined in section 101 

of the Federal Credit Union Act (12 U.S.C. 1752) that 

solicits, makes, or extends private education loans; and 

‘‘(C) any other person engaged in the business of soliciting, making, or extending private education loans; 

‘‘(7) the term ‘private education loan’— 

‘‘(A) means a loan provided by a private educational 

lender that— 

‘‘(i) is not made, insured, or guaranteed under 

of title IV of the Higher Education Act of 1965 (20 

U.S.C. 1070 et seq.); and 

‘‘(ii) is issued expressly for postsecondary educational expenses to a borrower, regardless of whether 

the loan is provided through the educational institution 

that the subject student attends or directly to the 

borrower from the private educational lender; and 


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PUBLIC LAW 110–315—AUG. 14, 2008 122 STAT. 3481 

‘‘(B) does not include an extension of credit under 

an open end consumer credit plan, a reverse mortgage 

transaction, a residential mortgage transaction, or any 

other loan that is secured by real property or a dwelling; 

and 

‘‘(8) the term ‘revenue sharing’ means an arrangement 

between a covered educational institution and a private educational lender under which— 

‘‘(A) a private educational lender provides or issues 

private education loans with respect to students attending 

the covered educational institution; 

‘‘(B) the covered educational institution recommends 

to students or others the private educational lender or 

the private education loans of the private educational 

lender; and 

‘‘(C) the private educational lender pays a fee or provides other material benefits, including profit sharing, to 

the covered educational institution in connection with the 

private education loans provided to students attending the 

covered educational institution or a borrower acting on 

behalf of a student. 

‘‘(b) PROHIBITION ON CERTAIN GIFTS AND ARRANGEMENTS.— 

A private educational lender may not, directly or indirectly— 

‘‘(1) offer or provide any gift to a covered educational 

institution in exchange for any advantage or consideration provided to such private educational lender related to its private 

education loan activities; or 

‘‘(2) engage in revenue sharing with a covered educational 

institution. 

‘‘(c) PROHIBITION ON CO-BRANDING.—A private educational 

lender may not use the name, emblem, mascot, or logo of the 

covered educational institution, or other words, pictures, or symbols 

readily identified with the covered educational institution, in the 

marketing of private education loans in any way that implies that 

the covered educational institution endorses the private education 

loans offered by the private educational lender. 

‘‘(d) ADVISORY BOARD COMPENSATION.—Any person who is 

employed in the financial aid office of a covered educational institution, or who otherwise has responsibilities with respect to private 

education loans or other financial aid of the institution, and who 

serves on an advisory board, commission, or group established 

by a private educational lender or group of such lenders shall 

be prohibited from receiving anything of value from the private 

educational lender or group of lenders. Nothing in this subsection 

prohibits the reimbursement of reasonable expenses incurred by 

an employee of a covered educational institution as part of their 

service on an advisory board, commission, or group described in 

this subsection. 

‘‘(e) PROHIBITION ON PREPAYMENT OR REPAYMENT FEES OR PENALTY.—It shall be unlawful for any private educational lender to 

impose a fee or penalty on a borrower for early repayment or 

prepayment of any private education loan.’’. 

(b) CONFORMING AMENDMENT TO TRUTH IN LENDING ACT.— 

Section 103(f) of the Truth in Lending Act (15 U.S.C. 1602(f)) 

is amended by adding at the end the following: ‘‘The term ‘creditor’ 

includes a private educational lender (as that term is defined in 

section 140) for purposes of this title.’’. 

Definition. 


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122 STAT. 3482 PUBLIC LAW 110–315—AUG. 14, 2008 

(c) DISCLOSURES OF REIMBURSEMENTS FOR SERVICE ON

ADVISORY BOARDS.— 

Section 485 of the Higher Education Act of 1965 (20 U.S.C. 

1092), as amended by this Act, is further amended by adding 

at the end the following: 

‘‘(m) DISCLOSURES OF REIMBURSEMENTS FOR SERVICE ON

ADVISORY BOARDS.— 

‘‘(1) DISCLOSURE.—Each institution of higher education 

participating in any program under this title shall report, on 

an annual basis, to the Secretary, any reasonable expenses 

paid or provided under section 140(d) of the Truth in Lending 

Act to any employee who is employed in the financial aid 

office of the institution, or who otherwise has responsibilities 

with respect to education loans or other financial aid of the 

institution. Such reports shall include— 

‘‘(A) the amount for each specific instance of reasonable 

expenses paid or provided; 

‘‘(B) the name of the financial aid official, other 

employee, or agent to whom the expenses were paid or 

provided; 

‘‘(C) the dates of the activity for which the expenses 

were paid or provided; and 

‘‘(D) a brief description of the activity for which the 

expenses were paid or provided. 

‘‘(2) REPORT TO CONGRESS.—The Secretary shall summarize 

the information received from institutions of higher education 

under paragraph (1) in a report and transmit such report 

annually to the authorizing committees.’’. 

SEC. 1012. CIVIL LIABILITY. 

(a) IN GENERAL.—Section 130 of the Truth in Lending Act 

(15 U.S.C. 1640) is amended— 

(1) in subsection (a)— 

(A) in paragraph (3), by inserting ‘‘or 128(e)(7)’’ after 

‘‘section 125’’; and 

(B) in the fourth sentence of the undesignated matter 

at the end— 

(i) by striking ‘‘125 or’’ and inserting ‘‘125,’’; and 

(ii) by inserting ‘‘of subparagraphs (A), (B), (D), 

(F), or (J) of section 128(e)(2) (for purposes of paragraph 

(2) or (4) of section 128(e)), or paragraph (4)(C), (6), 

(7), or (8) of section 128(e),’’ before ‘‘or for failing’’; 

(2) in subsection (e), by inserting before the first period 

the following: ‘‘or, in the case of a violation involving a private 

education loan (as that term is defined in section 140(a)), 1 

year from the date on which the first regular payment of 

principal is due under the loan’’; and 

(3) by adding at the end the following: 

‘‘(j) PRIVATE EDUCATIONAL LENDER.—A private educational 

lender (as that term is defined in section 140(a)) has no liability 

under this section for failure to comply with section 128(e)(3)).’’. 

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

shall have the same effective date as provisions referred to in 

section 1003(b). 

15 USC 1640 

note. 

Deadline. 

Reports. 

Deadline. 


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PUBLIC LAW 110–315—AUG. 14, 2008 122 STAT. 3483 

SEC. 1013. CLERICAL AMENDMENT. 

The table of sections for chapter 2 of title I of the Truth 

in Lending Act (15 U.S.C. 1631 et seq.) is amended by adding 

at the end the following: 

‘‘140. Preventing unfair and deceptive private educational lending practices and 

eliminating conflicts of interest.’’. 

Subtitle B—Improved Disclosures for 

Private Education Loans 

SEC. 1021. PRIVATE EDUCATION LOAN DISCLOSURES AND LIMITATIONS. 

(a) TRUTH IN LENDING ACT.—Section 128 of the Truth in 

Lending Act (15 U.S.C. 1638) is amended by adding at the end 

the following: 

‘‘(e) TERMS AND DISCLOSURE WITH RESPECT TO PRIVATE EDUCATION LOANS.— 

‘‘(1) DISCLOSURES REQUIRED IN PRIVATE EDUCATION LOAN

APPLICATIONS AND SOLICITATIONS.—In any application for a private education loan, or a solicitation for a private education 

loan without requiring an application, the private educational 

lender shall disclose to the borrower, clearly and conspicuously— 

‘‘(A) the potential range of rates of interest applicable 

to the private education loan; 

‘‘(B) whether the rate of interest applicable to the 

private education loan is fixed or variable; 

‘‘(C) limitations on interest rate adjustments, both in 

terms of frequency and amount, or the lack thereof, if 

applicable; 

‘‘(D) requirements for a co-borrower, including any 

changes in the applicable interest rates without a co-borrower; 

‘‘(E) potential finance charges, late fees, penalties, and 

adjustments to principal, based on defaults or late payments of the borrower; 

‘‘(F) fees or range of fees applicable to the private 

education loan; 

‘‘(G) the term of the private education loan; 

‘‘(H) whether interest will accrue while the student 

to whom the private education loan relates is enrolled 

at a covered educational institution; 

‘‘(I) payment deferral options; 

‘‘(J) general eligibility criteria for the private education 

loan; 

‘‘(K) an example of the total cost of the private education loan over the life of the loan— 

‘‘(i) which shall be calculated using the principal 

amount and the maximum rate of interest actually 

offered by the private educational lender; and 

‘‘(ii) calculated both with and without capitalization of interest, if an option exists for postponing 

interest payments; 


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122 STAT. 3484 PUBLIC LAW 110–315—AUG. 14, 2008 

‘‘(L) that a covered educational institution may have 

school-specific education loan benefits and terms not 

detailed on the disclosure form; 

‘‘(M) that the borrower may qualify for Federal student 

financial assistance through a program under title IV of 

the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), 

in lieu of, or in addition to, a loan from a non-Federal 

source; 

‘‘(N) the interest rates available with respect to such 

Federal student financial assistance through a program 

under title IV of the Higher Education Act of 1965 (20 

U.S.C. 1070 et seq.); 

‘‘(O) that, as provided in paragraph (6)— 

‘‘(i) the borrower shall have the right to accept 

the terms of the loan and consummate the transaction 

at any time within 30 calendar days (or such longer 

period as the private educational lender may provide) 

following the date on which the application for the 

private education loan is approved and the borrower 

receives the disclosure documents required under this 

subsection for the loan; and 

‘‘(ii) except for changes based on adjustments to 

the index used for a loan, the rates and terms of 

the loan may not be changed by the private educational 

lender during the period described in clause (i); 

‘‘(P) that, before a private education loan may be consummated, the borrower must obtain from the relevant 

institution of higher education the form required under 

paragraph (3), and complete, sign, and return such form 

to the private educational lender; 

‘‘(Q) that the consumer may obtain additional information concerning such Federal student financial assistance 

from their institution of higher education, or at the website 

of the Department of Education; and 

‘‘(R) such other information as the Board shall prescribe, by rule, as necessary or appropriate for consumers 

to make informed borrowing decisions. 

‘‘(2) DISCLOSURES AT THE TIME OF PRIVATE EDUCATION LOAN

APPROVAL.—Contemporaneously with the approval of a private 

education loan application, and before the loan transaction 

is consummated, the private educational lender shall disclose 

to the borrower, clearly and conspicuously— 

‘‘(A) the applicable rate of interest in effect on the 

date of approval; 

‘‘(B) whether the rate of interest applicable to the 

private education loan is fixed or variable; 

‘‘(C) limitations on interest rate adjustments, both in 

terms of frequency and amount, or the lack thereof, if 

applicable; 

‘‘(D) the initial approved principal amount; 

‘‘(E) applicable finance charges, late fees, penalties, 

and adjustments to principal, based on borrower defaults 

or late payments, including limitations on the discharge 

of a private education loan in bankruptcy; 

‘‘(F) fees or range of fees applicable to the private 

education loan; 

Regulations. 

Deadline. 


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PUBLIC LAW 110–315—AUG. 14, 2008 122 STAT. 3485 

‘‘(G) the maximum term under the private education 

loan program; 

‘‘(H) an estimate of the total amount for repayment, 

at both the interest rate in effect on the date of approval 

and at the maximum possible rate of interest offered by 

the private educational lender and applicable to the borrower, to the extent that such maximum rate may be 

determined, or if not, a good faith estimate thereof; 

‘‘(I) any principal and interest payments required while 

the student for whom the private education loan is intended 

is enrolled at a covered educational institution and unpaid 

interest that will accrue during such enrollment; 

‘‘(J) payment deferral options applicable to the borrower; 

‘‘(K) whether monthly payments are graduated; 

‘‘(L) that, as provided in paragraph (6)— 

‘‘(i) the borrower shall have the right to accept 

the terms of the loan and consummate the transaction 

at any time within 30 calendar days (or such longer 

period as the private educational lender may provide) 

following the date on which the application for the 

private education loan is approved and the borrower 

receives the disclosure documents required under this 

subsection for the loan; and 

‘‘(ii) except for changes based on adjustments to 

the index used for a loan, the rates and terms of 

the loan may not be changed by the private educational 

lender during the period described in clause (i); 

‘‘(M) that the borrower — 

‘‘(i) may qualify for Federal financial assistance 

through a program under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), in lieu 

of, or in addition to, a loan from a non-Federal source; 

and 

‘‘(ii) may obtain additional information concerning 

such assistance from their institution of higher education or the website of the Department of Education; 

‘‘(N) the interest rates available with respect to such 

Federal financial assistance through a program under title 

IV of the Higher Education Act of 1965 (20 U.S.C. 1070 

et seq.); 

‘‘(O) the maximum monthly payment, calculated using 

the maximum rate of interest actually offered by the private 

educational lender and applicable to the borrower, to the 

extent that such maximum rate may be determined, or 

if not, a good faith estimate thereof; and 

‘‘(P) such other information as the Board shall prescribe, by rule, as necessary or appropriate for consumers 

to make informed borrowing decisions. 

‘‘(3) SELF-CERTIFICATION OF INFORMATION.— 

‘‘(A) IN GENERAL.—Before a private educational lender 

may consummate a private education loan with respect 

to a student attending an institution of higher education, 

the lender shall obtain from the applicant for the private 

education loan the form developed by the Secretary of 

Education under section 155 of the Higher Education Act 

Regulations. 

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of 1965, signed by the applicant, in written or electronic 

form. 

‘‘(B) RULE OF CONSTRUCTION.—No other provision of 

this subsection shall be construed to require a private 

educational lender to perform any additional duty under 

this paragraph, other than collecting the form required 

under subparagraph (A). 

‘‘(4) DISCLOSURES AT THE TIME OF PRIVATE EDUCATION LOAN

CONSUMMATION.—Contemporaneously with the consummation 

of a private education loan, a private educational lender shall 

make to the borrower each of the disclosures described in— 

‘‘(A) paragraph (2)(A) (adjusted, as necessary, for the 

rate of interest in effect on the date of consummation, 

based on the index used for the loan); 

‘‘(B) subparagraphs (B) through (K) and (M) through 

(P) of paragraph (2); and 

‘‘(C) paragraph (7). 

‘‘(5) FORMAT OF DISCLOSURES.— 

‘‘(A) MODEL FORM.—Not later than 2 years after the 

date of enactment of this subsection, the Board shall, based 

on consumer testing, and in consultation with the Secretary 

of Education, develop and issue model forms that may 

be used, at the option of the private educational lender, 

for the provision of disclosures required under this subsection. 

‘‘(B) FORMAT.—Model forms developed under this paragraph shall— 

‘‘(i) be comprehensible to borrowers, with a clear 

format and design; 

‘‘(ii) provide for clear and conspicuous disclosures; 

‘‘(iii) enable borrowers easily to identify material 

terms of the loan and to compare such terms among 

private education loans; and 

‘‘(iv) be succinct, and use an easily readable type 

font. 

‘‘(C) SAFE HARBOR.—Any private educational lender 

that elects to provide a model form developed under this 

subsection that accurately reflects the practices of the private educational lender shall be deemed to be in compliance 

with the disclosures required under this subsection. 

‘‘(6) EFFECTIVE PERIOD OF APPROVED RATE OF INTEREST

AND LOAN TERMS.— 

‘‘(A) IN GENERAL.—With respect to a private education 

loan, the borrower shall have the right to accept the terms 

of the loan and consummate the transaction at any time 

within 30 calendar days (or such longer period as the 

private educational lender may provide) following the date 

on which the application for the private education loan 

is approved and the borrower receives the disclosure documents required under this subsection for the loan, and 

the rates and terms of the loan may not be changed by 

the private educational lender during that period. 

‘‘(B) PROHIBITION ON CHANGES.—Except for changes 

based on adjustments to the index used for a loan, the 

rates and terms of the loan may not be changed by the 

private educational lender prior to the earlier of— 

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‘‘(i) the date of acceptance of the terms of the 

loan and consummation of the transaction by the borrower, as described in subparagraph (A); or 

‘‘(ii) the expiration of the period described in 

subparagraph (A). 

‘‘(7) RIGHT TO CANCEL.—With respect to a private education 

loan, the borrower may cancel the loan, without penalty to 

the borrower, at any time within 3 business days of the date 

on which the loan is consummated, and the private educational 

lender shall disclose such right to the borrower in accordance 

with paragraph (4). 

‘‘(8) PROHIBITION ON DISBURSEMENT.—No funds may be 

disbursed with respect to a private education loan until the 

expiration of the 3-day period described in paragraph (7). 

‘‘(9) BOARD REGULATIONS.—In issuing regulations under 

this subsection, the Board shall prevent, to the extent possible, 

duplicative disclosure requirements for private educational 

lenders that are otherwise required to make disclosures under 

this title, except that in any case in which the disclosure 

requirements of this subsection differ or conflict with the disclosure requirements of any other provision of this title, the 

requirements of this subsection shall be controlling. 

‘‘(10) DEFINITIONS.—For purposes of this subsection, the 

terms ‘covered educational institution’, ‘private educational 

lender’, and ‘private education loan’ have the same meanings 

as in section 140. 

‘‘(11) DUTIES OF LENDERS PARTICIPATING IN PREFERRED

LENDER ARRANGEMENTS.—Each private educational lender that 

has a preferred lender arrangement with a covered educational 

institution shall annually, by a date determined by the Board, 

in consultation with the Secretary of Education, provide to 

the covered educational institution such information as the 

Board determines to include in the model form developed under 

paragraph (5) for each type of private education loan that 

the lender plans to offer to students attending the covered 

educational institution, or to the families of such students, 

for the next award year (as that term is defined in section 

481 of the Higher Education Act of 1965).’’. 

(b) SELF-CERTIFICATION FORM.—Part E of title I of the Higher 

Education Act of 1965, as added by this Act, is further amended 

by inserting after section 154 the following: 

‘‘SEC. 155. SELF-CERTIFICATION FORM FOR PRIVATE EDUCATION 

LOANS. 

‘‘(a) IN GENERAL.—The Secretary, in consultation with the 

Board of Governors of the Federal Reserve System, shall develop 

the self-certification form for private education loans that shall 

be used to satisfy the requirements of section 128(e)(3) of the 

Truth in Lending Act. Such form shall— 

‘‘(1) be developed in a standardized format; 

‘‘(2) be made available to the applicant by the relevant 

institution of higher education, in written or electronic form, 

upon request of the applicant; 

‘‘(3) contain only disclosures that— 

‘‘(A) the applicant may qualify for Federal student 

financial assistance through a program under title IV of 

20 USC 1019d. 

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this Act, or State or institutional student financial assistance, in place of, or in addition to, a private education 

loan; 

‘‘(B) the applicant is encouraged to discuss the availability of Federal, State, and institutional student financial 

assistance with financial aid officials at the applicant’s 

institution of higher education; 

‘‘(C) a private education loan may affect the applicant’s 

eligibility for free or low-cost Federal, State or institutional 

student financial assistance; and 

‘‘(D) the information that the applicant is required 

to provide on the form is available from officials at the 

financial aid office of the institution of higher education; 

‘‘(4) include a place to provide information on— 

‘‘(A) the applicant’s cost of attendance at the institution 

of higher education, as determined by the institution under 

Part F of title IV; 

‘‘(B) the applicant’s expected family contribution, as 

determined under Part F of title IV, as applicable, for 

students who have completed the free application for Federal student aid; 

‘‘(C) the applicant’s estimated financial assistance, as 

determined by the institution, in accordance with title IV, 

as applicable; 

‘‘(D) the difference between the amounts under subparagraphs (A) and (C), as applicable; and 

‘‘(E) the sum of the amounts under subparagraphs 

(B) and (D), as applicable; and 

‘‘(5) include a place for the applicant’s signature, in written 

or electronic form. 

‘‘(b) LIMIT ON LIABILITY.—Nothing in this section shall be construed to create a private right of action against an institution 

of higher education with respect to the form developed under subsection (a).’’. 

SEC. 1022. APPLICATION OF TRUTH IN LENDING ACT TO ALL PRIVATE 

EDUCATION LOANS. 

Section 104(3) of the Truth in Lending Act (15 U.S.C. 1603(3)) 

is amended by inserting ‘‘and other than private education loans 

(as that term is defined in section 140(a))’’ after ‘‘consumer’’. 

Subtitle C—College Affordability 

SEC. 1031. COMMUNITY REINVESTMENT ACT CREDIT FOR LOW-COST 

LOANS. 

(a) IN GENERAL.—Section 804 of the Community Reinvestment 

Act of 1977 (12 U.S.C. 2903) is amended by adding at the end 

the following new subsection: 

‘‘(d) LOW-COST EDUCATION LOANS.—In assessing and taking 

into account, under subsection (a), the record of a financial institution, the appropriate Federal financial supervisory agency shall 

consider, as a factor, low-cost education loans provided by the 

financial institution to low-income borrowers.’’. 

(b) REGULATIONS REQUIRED.—Not later than 1 year after the 

date of enactment of this Act, each appropriate Federal financial 

supervisory agency shall issue rules in final form to implement 

12 USC 2903 

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section 804(d) of the Community Reinvestment Act of 1977, as 

added by this section. 

Subtitle D—Financial Literacy; Studies 

and Reports 

SEC. 1041. DEFINITIONS. 

As used in this subtitle— 

(1) the terms ‘‘covered educational institution’’, ‘‘private 

educational lender’’, and ‘‘private education loan’’ have the same 

meanings as in section 140 of the Truth in Lending Act, as 

added by this Act; 

(2) the term ‘‘historically Black colleges and universities’’ 

means a ‘‘part B institution’’, within the meaning of section 

322 of the Higher Education Act of 1965 (20 U.S.C. 1061)); 

and 

(3) the term ‘‘land-grant colleges and universities’’ has the 

same meaning as in section 1404 of the National Agricultural 

Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 

3103). 

SEC. 1042. COORDINATED EDUCATION EFFORTS. 

(a) IN GENERAL.—The Secretary of the Treasury (in this section 

referred to as the ‘‘Secretary’’), in coordination with the Secretary 

of Education, the Secretary of Agriculture (with respect to landgrant colleges and universities), and any other appropriate agency 

that is a member of the Financial Literacy and Education Commission established under the Financial Literacy and Education 

Improvement Act (20 U.S.C. 9701 et seq.), shall seek to enhance 

financial literacy among students at covered educational institutions 

through— 

(1) the development of initiatives, programs, and curricula 

that improve student awareness of the short- and long-term 

costs associated with education loans and other debt assumed 

while in college, their repayment obligations, and their rights 

as borrowers; and 

(2) assisting such students in navigating the financial aid 

process. 

(b) DUTIES.—For purposes of this section, the Secretary, 

working in conjunction with the Secretary of Education, the Secretary of Agriculture, and the Financial Literacy and Education 

Commission, shall— 

(1) identify programs that promote or enhance financial 

literacy for college students, with specific emphasis on programs 

that impart the knowledge and ability for students to best 

navigate the financial aid process, including those that involve 

partnerships between nonprofit organizations, colleges and 

universities, State and local governments, and student 

organizations; 

(2) evaluate the effectiveness of such programs in terms 

of measured results, including positive behavioral change 

among college students; 

(3) promote the programs identified as being the most 

effective; and 

20 USC 9709. 

20 USC 9709 

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(4) encourage covered educational institutions to implement 

financial education programs for their students, including those 

that have the highest evaluations. 

(c) REPORT.— 

(1) IN GENERAL.—Not later than 2 years after the date 

of enactment of this Act, the Financial Literacy and Education 

Commission shall submit a report to the Committee on 

Banking, Housing, and Urban Affairs and the Committee on 

Health Education, Labor, and Pensions of the Senate and the 

Committee on Financial Services and the Committee on Education and Labor of the House of Representatives on the state 

of financial education among students at covered educational 

institutions. 

(2) CONTENT.—The report required by this subsection shall 

include a description of progress made in enhancing financial 

education with respect to student understanding of financial 

aid, including the programs and evaluations required by this 

section. 

(3) APPEARANCE BEFORE CONGRESS.—The Secretary shall, 

upon request, provide testimony before the Committee on 

Banking, Housing, and Urban Affairs of the Senate and the 

Committee on Financial Services of the House of Representatives concerning the report required by this subsection. 

TITLE XI—STUDIES AND REPORTS 

SEC. 1101. STUDY ON FOREIGN GRADUATE MEDICAL SCHOOLS. 

(a) IN GENERAL.—Not later than 18 months after the date 

of enactment of this Act, the Comptroller General of the United 

States shall— 

(1) complete a study that examines the performance of 

students from the United States receiving Federal student 

financial aid to attend graduate medical schools located outside 

of the United States; 

(2) provide data and make recommendations to the 

National Committee on Foreign Medical Education and Accreditation in a timely manner so as to assist the Secretary of 

Education in the Department of Education’s review required 

under section 102 of the Higher Education Act of 1965 (20 

U.S.C. 1002); and 

(3) submit to the authorizing committees a report setting 

forth the conclusions of the study. 

(b) CONTENTS.—The study conducted under this section shall 

include the following: 

(1) The amount of Federal student financial aid dollars 

that are spent on graduate medical schools located outside 

of the United States every year, and the percentage of overall 

student aid such amount represents. 

(2) The percentage of students of such medical schools 

who pass the examination sponsored by the Federation of State 

Medical Boards of the United States, Inc., and the National 

Board of Medical Examiners the first time. 

(3) The percentage of students of such medical schools 

who pass the United States medical licensing examination after 

taking such examinations multiple times, disaggregated by the 

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number of times the students had to take the examinations 

to pass. 

(4) The percentage of recent graduates of such medical 

schools practicing medicine in the United States, and a description of where the students are practicing and what types of 

medicine the students are practicing. 

(5) The rate of graduates of such medical schools who 

lose malpractice lawsuits or have the graduates’ medical 

licenses revoked, as compared to graduates of graduate medical 

schools located in the United States. 

(6) Recommendations regarding the percentage passing 

rate of the United States medical licensing examination that 

the United States should require of graduate medical schools 

located outside of the United States for Federal student financial aid purposes. 

SEC. 1102. EMPLOYMENT OF POSTSECONDARY EDUCATION GRADUATES. 

(a) STUDY, ASSESSMENTS, AND RECOMMENDATIONS.—The Comptroller General of the United States shall— 

(1) conduct a study of— 

(A) the information that States have on the employment of students who have completed postsecondary education programs; 

(B) the feasibility of collecting information on students 

who complete all types of postsecondary education programs (including two- and four-year degree, certificate, 

professional, and graduate programs) at all types of institutions of higher education (including public, private nonprofit, and for–profit schools), regarding— 

(i) employment, including— 

(I) the type of job obtained not later than 

six months after the completion of the degree, 

certificate, or program; 

(II) whether such job was related to the course 

of study; 

(III) the starting salary for such job; and 

(IV) the student’s satisfaction with the student’s preparation for such job and guidance provided with respect to securing the job; and 

(ii) for recipients of Federal student aid, the type 

of assistance received, so that the information can be 

used to evaluate various education programs; 

(C) the evaluation systems used by other industries 

to identify successful programs and challenges, set priorities, monitor performance, and make improvements; 

(D) the best means of collecting information from or 

regarding recent postsecondary graduates, including— 

(i) whether a national website would be the most 

effective way to collect information; 

(ii) whether postsecondary education graduates 

could be encouraged to voluntarily submit information 

by allowing a graduate to access aggregated information about other graduates (such as graduates from 

the graduate’s school, with the graduate’s degree, or 

in the graduate’s area) if the graduate completes an 

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(iii) whether employers could be encouraged to 

submit information by allowing an employer to access 

aggregated information about graduates (such as 

institutions of higher education attended, degrees, or 

starting pay) if the employer completes an online 

questionnaire to evaluate the employer’s satisfaction 

with the graduates the employer hires; and 

(iv) whether postsecondary institutions that 

receive Federal funds or whose students have received 

Federal student financial aid could be required to 

submit aggregated information about the graduates 

of the institutions; and 

(E) the best means of displaying employment information; and 

(2) provide assessments and recommendations regarding— 

(A) whether successful State cooperative relationships 

between higher education system offices and State agencies 

responsible for employment statistics can be encouraged 

and replicated in other States; 

(B) whether there is value in collecting additional 

information from, or about, the employment experience 

of individuals who have recently completed a postsecondary 

educational program; 

(C) the most promising ways of obtaining and displaying or disseminating such information; 

(D) if a website is used for such information, whether 

the website should be run by a governmental agency or 

contracted out to an independent education or employment 

organization; 

(E) whether a voluntary information system would 

work, both from the graduates’ and employers’ perspectives; 

(F) the value of such information to future students, 

institutions, accrediting agencies or associations, policymakers, and employers, including how the information 

would be used and the practical applications of the information; 

(G) whether the request for such information is duplicative of information that is already being collected; and 

(H) whether the National Postsecondary Student Aid 

Survey conducted by the National Center for Education 

Statistics could be amended to collect such information. 

(b) REPORTS.— 

(1) PRELIMINARY REPORT.—Not later than one year after 

the date of enactment of this Act, the Comptroller General 

of the United States shall submit to the authorizing committees 

a preliminary report regarding the study, assessments, and 

recommendations described in subsection (a). 

(2) FINAL REPORT.—Not later than two years after the 

date of enactment of this Act, the Comptroller General of the 

United States shall submit to the authorizing committees a 

final report regarding such study, assessments, and recommendations. 

SEC. 1103. STUDY ON IPEDS. 

The Comptroller General of the United States shall— 

(1) conduct a study on the time and cost burdens to institutions of higher education associated with completing the 

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Integrated Postsecondary Education Data System (referred to 

in this section as the ‘‘IPEDS’’) survey, which shall— 

(A) report on the time and cost burden of completing 

the IPEDS survey for four-year, two-year, and less than 

two-year institutions of higher education; 

(B) present recommendations for reducing such burden; 

and 

(C) report on the feasibility of collecting additional 

data from institutions for use in IPEDS, including information on the percentage of enrolled undergraduate students 

who graduate within two years (in the case of two-year 

institutions), and four, five, and six years (in the case 

of two- and four-year institutions), disaggregated by race 

and ethnic background and by income categories; 

(2) not later than one year after the date of enactment 

of this Act, submit to the authorizing committees a preliminary 

report regarding the findings of the study described in paragraph (1); and 

(3) not later than two years after the date of enactment 

of this Act, submit to the authorizing committees a final report 

regarding such findings. 

SEC. 1104. REPORT AND STUDY ON ARTICULATION AGREEMENTS. 

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

a study to review the articulation agreements at State-supported 

college and university systems, including junior or community colleges, as well as those at other institutions of higher education. 

Such study shall consider— 

(1) the extent to which States and institutions have developed and implemented articulation agreements; 

(2) with respect to the articulation agreements developed— 

(A) the number and types of institutions participating 

in articulation agreements; 

(B) the cost-savings to the participating institutions 

and to the students; 

(C) what strategies are being employed, including 

common course numbering, general education core curriculum, and management systems; 

(D) the effective use of technologies to contain costs, 

maintain quality of instruction, and inform students; and 

(E) a description of the students to whom the articulation agreements are offered and, to the extent practicable, 

a description of the students who take advantage of the 

articulation agreements; 

(3) best practices and innovative strategies employed to 

implement effective articulation agreements; and 

(4) barriers to the implementation of articulation agreements, including technological and informational barriers. 

(b) REPORT.—The Secretary of Education shall submit to the 

authorizing committees an interim report on the study required 

by subsection (a) not later than two years after the date of enactment of this Act and a final report on such study not later than 

January 1, 2013. 

SEC. 1105. REPORT ON PROPRIETARY INSTITUTIONS OF HIGHER EDUCATION. 

(a) IN GENERAL.—Not later than two years after the date of 

enactment of this Act, the Comptroller General of the United States 

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shall conduct an analysis of proprietary institutions of higher education subject to section 487(a)(24) of the Higher Education Act 

of 1965 (20 U.S.C. 1094(a)(24)) and shall submit to the authorizing 

committees a report that provides the results of the analysis. 

(b) CONTENTS OF REPORT.—The report shall provide— 

(1) the number of institutions subject to section 487(a)(24) 

of the Higher Education Act of 1965 (20 U.S.C. 1094(a)(24)); 

(2) the number and percentage of such institutions each 

year that do not comply with such section; 

(3) the number of such institutions that are in compliance 

with such section at the time of submission of the report; 

and 

(4) in the case of institutions that are in compliance with 

such section at the time of submission of the report, information 

on the extent to which such institutions’ revenue is derived 

from funds provided under title IV of the Higher Education 

Act of 1965 (20 U.S.C. 1070 et seq.), including information 

on the number of such institutions that derive not less than 

85 percent of their revenues from funds provided under such 

title. 

SEC. 1106. ANALYSIS OF FEDERAL REGULATIONS ON INSTITUTIONS 

OF HIGHER EDUCATION. 

The Secretary of Education shall enter into an agreement with 

the National Research Council of the National Academy of Sciences 

for the conduct of a study to ascertain the amount and scope 

of all Federal regulations and reporting requirements with which 

institutions of higher education must comply. The study shall be 

completed not later than two years after the date of enactment 

of this Act, and shall include information describing— 

(1) by agency, the number of Federal regulations and 

reporting requirements affecting institutions of higher education; 

(2) by agency, the estimated time required and costs to 

institutions of higher education (disaggregated by types of 

institutions) to comply with the regulations and reporting 

requirements described in paragraph (1); and 

(3) by agency, recommendations for consolidating, streamlining, and eliminating redundant and burdensome Federal 

regulations and reporting requirements affecting institutions 

of higher education. 

SEC. 1107. INDEPENDENT EVALUATION OF DISTANCE EDUCATION PROGRAMS. 

(a) INDEPENDENT EVALUATION.—The Secretary of Education 

shall enter into an agreement with the National Research Council 

of the National Academy of Sciences to conduct a statistically valid 

evaluation of the quality of distance education programs, as compared to campus-based education programs, at institutions of higher 

education. Such evaluation shall include— 

(1) identification of the elements by which the quality of 

distance education can be assessed, which may include elements 

such as subject matter, interactivity, and student outcomes; 

(2) identification of distance education program success, 

with respect to student achievement, in relation to the mission 

of the institution of higher education; 

(3) identification of the benefits and limitations of distance 

education programs and campus-based programs for different 

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students (including classification of types of students by age 

category) by assessing access, job placement rates, graduation 

rates, and other factors related to persistence, completion, and 

cost; and 

(4) identification and analysis of factors that may make 

direct comparisons of distance education programs and campusbased education programs difficult. 

(b) SCOPE.—The National Research Council shall select for 

participation in the evaluation under subsection (a) a diverse group 

of institutions of higher education with respect to size, mission, 

and geographic distribution. 

(c) INTERIM AND FINAL REPORTS.—The contract under subsection (a) shall require that the National Research Council submit 

to the authorizing committees— 

(1) an interim report regarding the evaluation under subsection (a) not later than June 30, 2009; and 

(2) a final report regarding such evaluation not later than 

June 30, 2010. 

SEC. 1108. REVIEW OF COSTS AND BENEFITS OF ENVIRONMENTAL, 

HEALTH, AND SAFETY STANDARDS. 

(a) REVIEW OF STANDARDS.—The Secretary of Education shall 

enter into an agreement with the National Research Council of 

the National Academy of Sciences to conduct a national study 

that— 

(1) reviews, analyzes, and compares existing standards in 

environmental, health, and safety areas, for the regulation 

of— 

(A) industrial research and development facilities; and 

(B) research and teaching laboratories and facilities 

at institutions of higher education; and 

(2) based upon the review in paragraph (1), develops recommended frameworks for alternative regulatory standards, 

if any, for research and teaching laboratories and facilities 

at institutions of higher education that— 

(A) maintain the overall level of protection of the 

environment, and of the health and safety of those using 

such laboratories and facilities; 

(B) reflect the need to ensure consistent application 

of Federal laws; and 

(C) take into account the educational and research 

activities of institutions of higher education. 

(b) REPORT.—The National Research Council shall report to 

Congress regarding the recommended frameworks for alternative 

regulatory standards developed under subsection (a). Such report 

shall contain recommendations for statutory or regulatory changes 

needed to implement the different standards described in subsection 

(a), and the projected costs and benefits resulting from the adoption 

of such standards. 

SEC. 1109. STUDY OF MINORITY MALE ACADEMIC ACHIEVEMENT. 

(a) STUDY REQUIRED.—The Secretary of Education shall carry 

out the following: 

(1) Commission and ensure the conduct of a national study 

of underrepresented minority males (particularly African American, Hispanic American, Native American, Native Hawaiian, 

and Alaska Native males) completing high school, and entering 

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and graduating from colleges and universities in accordance 

with the following: 

(A) The data comprising the study shall focus primarily 

on African American, Hispanic American, Native American, 

Native Hawaiian, and Alaska Native males and shall utilize existing data sources. 

(B) The study shall focus on high school completion 

and preparation for college, success on the SAT and ACT, 

and minority male access to college, including the financing 

of college, and college persistence and graduation. 

(C) The implementation of the study shall be in four 

stages based on the recommendations of the Commissioner 

for Education Statistics. 

(2) Make specific recommendations to the authorizing 

committees and States on new approaches to increase— 

(A) the number of minority males successfully preparing themselves for college study; 

(B) the number of minority males graduating from 

high school and entering college; and 

(C) the number of minority males graduating from 

college and entering careers in which they are underrepresented. 

(b) SUBMISSION OF THE REPORT.—Not later than four years 

after the date of enactment of this Act, the Secretary of Education 

shall submit a report on the study required by subsection (a)(1), 

together with the recommendations required by subsection (a)(2), 

to the authorizing committees. 

SEC. 1110. STUDY ON BIAS IN STANDARDIZED TESTS. 

(a) STUDY.—The Secretary of Education shall enter into an 

agreement with the Board on Testing and Assessment of the 

National Academy of Sciences for the conduct of a study to identify 

any race, ethnicity, or gender bias in the content and construction 

of standardized tests that are used for admission to institutions 

of higher education. 

(b) REPORT.—Not later than two years after the date of enactment of this Act, the Secretary of Education shall issue an interim 

report to the authorizing committees related to the progress of 

the study under subsection (a). 

SEC. 1111. ENDOWMENT REPORT. 

(a) ANALYSIS OF ENDOWMENTS.—The Comptroller General of 

the United States shall conduct a study on the amounts, uses, 

and public purposes of the endowments of institutions of higher 

education. The study shall include information (disaggregated by 

types of institutions) describing— 

(1) the average and range of— 

(A) the outstanding balance of such endowments; and 

(B) the growth of such endowments over the last 20 

years; 

(2) the amount and percentage of endowment assets distributed on an annual basis for spending on education; 

(3) the amount and percentage of endowment assets distributed on an annual basis for financial aid or for the purpose 

of reducing the costs of tuition, fees, textbooks, and room and 

board; and 

(4) the extent to which the funds in such endowments 

are restricted, and the restrictions placed upon such funds. 

Study. 

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(b) SUBMISSION OF REPORT.—The Comptroller General of the 

United States shall submit a report on the study required by 

subsection (a) to the authorizing committees not later than 18 

months after the date of enactment of this Act. 

SEC. 1112. STUDY OF CORRECTIONAL POSTSECONDARY EDUCATION. 

(a) STUDY REQUIRED.—The Secretary of Education, in consultation with the Secretary of Labor and the Attorney General, shall— 

(1) conduct a longitudinal study to assess the effects of 

correctional postsecondary education that— 

(A) employs rigorous empirical methods that control 

for self-selection bias; 

(B) measures a range of outcomes, including those 

related to employment and earnings, recidivism, engaged 

citizenship, impact on families of the incarcerated, and 

impact on the culture of the correctional institution; 

(C) examines different delivery systems of postsecondary education, such as on-site and distance learning; 

and 

(D) includes a projected cost-benefit analysis of the 

Federal investment in terms of reduction of future 

offending, reduction of future prison costs (construction 

and operational), increased tax payments by formerly incarcerated individuals, a reduction of welfare and other social 

service costs for successful formerly incarcerated individuals, and increased costs from the employment of formerly 

incarcerated individuals; and 

(2) make specific recommendations to the authorizing 

committees and the relevant State agencies responsible for 

correctional education, such as the State superintendents of 

education and State secretaries of corrections, on best 

approaches to increase correctional education and its effectiveness. 

(b) SUBMISSION OF REPORTS.—Not later than three years after 

the date of enactment of this Act, the Secretary of Education shall 

submit an interim report on the progress of the study required 

by subsection (a)(1) to the authorizing committees. Not later than 

seven years after the date of enactment of this Act, the Secretary 

of Education shall submit a final report, together with the recommendations required by subsection (a)(2), to the authorizing 

committees. 

SEC. 1113. STUDY OF AID TO LESS-THAN-HALF-TIME STUDENTS. 

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

on making and expanding the student aid available under title 

IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) 

to 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. 

(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-halftime students seeking a college degree or certificate. 

(2) The demand for Federal aid for less-than-half-time students and whether the demand is satisfied by existing sources 

of Federal aid, taking into consideration not only the number 

of less-than-half-time students currently seeking a college 

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degree or certificate, but also any increase in the number 

of less-than-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-thanhalf-time students, including identifying— 

(A) statutory and regulatory barriers, such as student 

eligibility, institutional eligibility, needs analysis, program 

integrity, and award amounts; and 

(B) other factors that may limit participation in an 

expanded Federal aid program for less-than-half-time students. 

(c) RECOMMENDATIONS TO BE PROVIDED.—The Secretary’s recommendations under this section shall include recommendations 

for designing a demonstration student loan program tailored to 

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.—In this section— 

(1) the term ‘‘Secretary’’ means the Secretary of Education; 

and 

(2) the term ‘‘less-than-half-time student’’ means a student 

who is carrying less than one-half the normal full-time work 

load for the course of study that the student is pursuing, 

as determined by the institution such student is attending. 

SEC. 1114. STUDY ON REGIONAL SENSITIVITY IN THE NEEDS ANALYSIS 

FORMULA. 

(a) STUDY.—The Comptroller General of the United States shall 

conduct a study to review the methodology that is used to determine 

the expected family contribution under part F of title IV of the 

Higher Education Act of 1965 (20 U.S.C. 1087kk et seq.). 

(b) STUDY COMPONENTS.—The study conducted under subsection (a) shall identify and evaluate the needs analysis formula 

under part F of title IV of the Higher Education Act of 1965 

(20 U.S.C. 1087kk et seq.) and examine the need for regional 

sensitivity in need analysis. The study shall include— 

(1) the factors that are used to determine a student’s 

expected family contribution under part F of title IV of the 

Higher Education Act of 1965; 

(2) the varying allowances that are made in calculating 

the expected family contribution; 

(3) the effects of the income protection allowance on all 

aid recipients; and 

(4) options for modifying the income protection allowance 

to reflect the significant differences in the cost of living in 

various parts of the United States. 

(c) REPORT.—Not later than one year after the date of enactment of this Act, the Comptroller General of the United States 

shall report to the authorizing committees on the results of the 

study conducted under this section. 

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SEC. 1115. STUDY OF THE IMPACT OF STUDENT LOAN DEBT ON PUBLIC 

SERVICE. 

(a) STUDY.—The Secretary of Education, in consultation with 

the Office of Management and Budget, is authorized to coordinate 

with an organization with expertise in the field of public service, 

such as the National Academy of Public Administrators or the 

American Society for Public Administration, to coordinate with 

interested parties to conduct a study of how student loan debt 

levels impact the decisions of graduates of postsecondary and graduate education programs to enter into public service careers. Such 

study shall include— 

(1) an assessment of the challenges to recruiting and 

retaining well-qualified public servants, including the impact 

of student loan debt; 

(2) an evaluation of existing Federal programs to recruit 

and retain well-qualified public servants; 

(3) an evaluation of whether additional Federal programs 

could increase the number of graduates of postsecondary and 

graduate education programs who enter careers in public 

service; and 

(4) recommendations for programs that could encourage 

new graduates of postsecondary and graduate education programs to enter public service careers. 

(b) REPORT.—Not later than one year after the date of enactment of this Act, the Secretary of Education, in consultation with 

the Office of Management and Budget, shall submit to the authorizing committees a report related to the findings of the study 

conducted under subsection (a). 

SEC. 1116. STUDY ON TEACHING STUDENTS WITH READING DISABILITIES. 

(a) INDEPENDENT EVALUATION.—The Secretary of Education 

shall enter into an agreement with the Center for Education of 

the National Academies for a scientifically-based study of the 

quality of teacher education programs— 

(1) to determine if teachers are adequately prepared to 

meet the needs of students with reading and language processing disabilities, including dyslexia; and 

(2) to determine the extent to which teacher education 

programs are based on the essential components of reading 

instruction and scientifically valid research. 

(b) COMPONENTS.—The study conducted under subsection (a) 

shall be designed to provide statistically reliable information on— 

(1) the number, type of courses, and credit hours required 

to meet the requirements of reading degree programs of teacher 

education programs; and 

(2) the extent to which the content of the reading degree 

programs are based on— 

(A) the essential components of reading instruction 

and scientifically valid research, including phonemic awareness, phonics, fluency, vocabulary, and comprehension; and 

(B) early intervention strategies based on scientific 

evidence concerning challenges to the development of language processing capacity, including dyslexia, and the 

extent to which such strategies are effective in preventing 

reading failure before it occurs. 

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(c) SCOPE.—The Director of the Center for Education of the 

National Academy of Sciences shall select for participation in the 

study under subsection (a) a diverse group of institutions of higher 

education with respect to size, mission, and geographic distribution. 

(d) INTERIM AND FINAL REPORTS.—The Director of the Center 

for Education of the National Academy of Sciences shall submit 

to the authorizing committees and the Secretary of Education— 

(1) an interim report regarding the study under subsection 

(a) not later than one year after the date the Center for Education of the National Academies enters into an agreement 

with the Secretary of Education under this section; and 

(2) a final report summarizing the findings, conclusions, 

and recommendations of such study not later than two years 

after the date the Center for Education of the National Academies enters into such agreement. 

(e) TASK FORCE.— 

(1) ESTABLISHMENT.—Upon submission of the final report 

under subsection (d)(2), the Secretary of Education shall establish a task force to make policy recommendations to the Secretary regarding the findings of the report. 

(2) MEMBERSHIP.—The membership of the task force established under paragraph (1) shall include chief State school 

officers, State reading consultants, master teachers, national 

reading experts, and researchers with expertise in relevant 

fields. 

(3) PUBLIC HEARINGS.—The task force established under 

paragraph (1) shall hold public hearings to provide an opportunity for public comment on the recommendations made under 

paragraph (1). 

SEC. 1117. REPORT ON INCOME CONTINGENT REPAYMENT THROUGH 

THE INCOME TAX WITHHOLDING SYSTEM. 

(a) REPORT.—Not later than one year after the date of enactment of this Act, the Secretary of Education and the Secretary 

of the Treasury shall conduct a study to determine the feasibility 

and benefits of developing a system through which a borrower 

who is repaying a loan through the income contingent repayment 

plan or the income-based repayment program may make payments 

on the loan using the income tax withholding system (referred 

to in this section as ‘‘direct IDEA loans’’). The goal of this program 

would be to— 

(1) streamline the repayment process and provide greater 

flexibility for borrowers electing to use the direct IDEA loan; 

(2) reduce the number of loan defaults by borrowers; and 

(3) reduce the redundancy in reporting information pertaining to income contingent repayment and income-based 

repayment to the Department of Education, institutions, and 

applicants. 

(b) EVALUATIONS.—In conducting the study under subsection 

(a), the Secretary of Education and the Secretary of the Treasury 

shall evaluate— 

(1) the feasibility of implementing direct IDEA loans by 

the Department of Education and the Department of the 

Treasury; 

(2) any advantages or disadvantages of direct IDEA loans 

on borrowers and taxpayers; 

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(3) the program structure necessary to administer direct 

IDEA loans; and 

(4) whether the repayment programs that implement 

income contingent and income-based repayment collected 

through revenue services, such as programs in England, Australia, and New Zealand, could be effective in collecting loan 

payments under the income contingent and income-based repayment options in the United States. 

(c) RECOMMENDATIONS.—Not later than one year after the date 

of enactment of this Act, the Secretary of Education and the Secretary of the Treasury shall provide a report on the study conducted 

under subsection (a) to Congress. The report shall include recommendations based on the factors examined in subsection (b) 

for implementing direct IDEA loans, including the necessary statutory changes needed to implement such repayment option. 

SEC. 1118. DEVELOPING ADDITIONAL MEASURES OF DEGREE COMPLETION. 

(a) IN GENERAL.—The Secretary of Education, in coordination 

with the Commissioner for Education Statistics and after consultation with representatives from diverse institutions of higher education, students, experts in the field of higher education policy, 

State higher education officials, and other stakeholders in the 

higher education community, shall issue a report with recommendations to Congress about alternatives ways to measure and report 

degree or program completion rates for institutions of higher education receiving funds under title IV of the Higher Education Act 

of 1965 (20 U.S.C. 1070 et seq.). 

(b) MEASURES TO TAKE INTO CONSIDERATION.—The alternative 

measures described in subsection (a) shall consider— 

(1) the number of degrees awarded and the increase in 

number of degrees awarded disaggregated by race, ethnicity, 

gender, and income for all students who have earned a degree; 

and 

(2) the increase in degrees awarded in high-need fields 

such as science, technology, engineering, mathematics, education, and nursing. 

SEC. 1119. STUDY ON THE FINANCIAL AND COMPLIANCE AUDITS OF 

THE FEDERAL STUDENT LOAN PROGRAM. 

(a) IN GENERAL.—Not later than one year after the date of 

enactment of this Act, the Comptroller General of the United States 

shall complete a study to examine all the financial and compliance 

audits and reviews required or conducted as part of the proper 

management of the Federal student loan programs under parts 

B and D of title IV of the Higher Education Act of 1965 (20 

U.S.C. 1071 et seq. and 1087a et seq.), whether each such audit 

or review is required under a law or is otherwise performed in 

order to evaluate a program. 

(b) CONTENT OF STUDY.— 

(1) COMPARISON OF AUDITS AND REVIEWS UNDER PARTS B

AND D OF TITLE IV.—As part of the study under subsection 

(a), the Comptroller General of the United States shall compare 

the audits and reviews of programs under parts B and D 

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

1071 et seq. and 1087a et seq.) for purposes of— 

(A) determining whether such audits and reviews are 

comparable among programs; 

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(B) determining whether such audits and reviews 

result in a level of protection of borrower interests and 

of Federal fiscal interests that is comparable for each program; and 

(C) determining the extent to which the Department 

of Education ensures timely submission of required financial and compliance audits and reviews and compliance 

with statutory and regulatory requirements. 

(2) ADDITIONAL CONTENT OF STUDY.—The study under subsection (a) shall— 

(A) provide a list of the financial and compliance audits 

and reviews required or conducted as part of the proper 

management of the Federal student loan programs under 

parts B and D of title IV of the Higher Education Act 

of 1965 (20 U.S.C. 1071 et seq. and 1087a et seq.); 

(B) determine the frequency of each audit and review; 

(C) provide a list of the entities and activities that 

are the subject of each audit and review, including institutions of higher education, servicers, secondary markets, 

guaranty agencies, the Department of Education and the 

contractors of the Department of Education, and any other 

entities that are required to participate in the audit or 

review; 

(D) determine the degree of individual borrower level 

reconciliation required under Federal student loan programs under such parts B and D of title IV; 

(E) make recommendations with respect to such audits 

and reviews to ensure— 

(i) such audits and reviews are comparable among 

Federal student loan programs under such parts B 

and D of title IV; and 

(ii) a level of protection of borrower interests and 

of Federal fiscal interests that is comparable for Federal student loan programs under such parts B and 

D of title IV, to the extent such comparability does 

not exist; and 

(F) assess the extent to which the Department of Education makes appropriate use of such financial and compliance audits and reviews in the Department’s administration and oversight of the Federal student loan programs 

under such parts B and D of title IV. 

SEC. 1120. SUMMIT ON SUSTAINABILITY. 

Not later than September 30, 2010, the Secretary of Education, 

in consultation with the Administrator of the Environmental Protection Agency, shall convene a summit of higher education experts 

working in the area of sustainable operations and programs, representatives from agencies of the Federal Government, and business 

and industry leaders to focus on efforts of national distinction 

that— 

(1) encourage faculty, staff, and students at institutions 

of higher education to establish administrative and academic 

sustainability programs on campus; 

(2) enhance research by faculty and students at institutions 

of higher education in sustainability practices and innovations 

that assist and improve sustainability; 

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(3) encourage institutions of higher education to work with 

community partners from the business, government, and nonprofit sectors to design and implement sustainability programs 

for application in the community and workplace; 

(4) identify opportunities for partnerships involving institutions of higher education and the Federal Government to 

expand sustainable operations and academic programs focused 

on environmental and economic sustainability; and 

(5) charge the summit participants or steering committee 

to submit a set of recommendations for addressing sustainability through institutions of higher education. 

SEC. 1121. NURSING SCHOOL CAPACITY. 

(a) FINDINGS.—Congress finds the following: 

(1) Researchers in the field of public health have identified 

the need for a national study to identify constraints encountered 

by schools of nursing in graduating the number of nurses 

sufficient to meet the health care needs of the United States. 

(2) The shortage of qualified registered nurses has 

adversely affected the health care system of the United States. 

(3) Individual States have had varying degrees of success 

with programs designed to increase the recruitment and retention of nurses. 

(4) Schools of nursing have been unable to provide a sufficient number of qualified graduates to meet the workforce 

needs. 

(5) Many nurses are approaching the age of retirement, 

and the problem worsens each year. 

(6) In 2004, an estimated 125,000 applications from qualified applicants were rejected by schools of nursing, due to 

a shortage of faculty and a lack of capacity for additional 

students. 

(b) STUDY WITH RESPECT TO CONSTRAINTS WITH RESPECT TO

SCHOOLS OF NURSING.— 

(1) IN GENERAL.—The Secretary shall enter into an agreement with the Institute of Medicine of the National Academy 

of Sciences to conduct a study for the purpose of— 

(A) identifying constraints encountered by schools of 

nursing in admitting and graduating the number of registered nurses necessary to ensure patient safety and meet 

the need for quality assurance in the provision of health 

care; and 

(B) developing recommendations to alleviate the constraints on a short-term and long-term basis. 

(2) CERTAIN COMPONENTS.—The Secretary shall ensure that 

the agreement under paragraph (1) provides that the study 

under such paragraph will include information on the following: 

(A) The trends in applications for attendance at schools 

of nursing that are relevant to the purpose of the study, 

including trends regarding applicants who are accepted 

for enrollment and applicants who are not accepted, 

particularly qualified applicants who are not accepted. 

(B) The number and demographic characteristics of 

entry-level and graduate students currently enrolled in 

schools of nursing, the retention rates at the schools, and 

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the number of recent graduates from the schools, as compared to previous years and to the projected need for registered nurses based on two-year, five-year, and ten-year 

projections. 

(C) The number and demographic characteristics of 

nurses who pursue graduate education in nursing and nonnursing programs but do not pursue faculty positions in 

schools of nursing, the reasons for not pursuing faculty 

positions, including any regulatory barriers to choosing 

to pursue such positions, and the effect of such decisions 

on the ability of the schools to obtain adequate numbers 

of faculty members. 

(D) The extent to which— 

(i) entry-level graduates of the schools of nursing 

are satisfied with their educational preparation, 

including their participation in nurse externships, 

internships, and residency programs; and 

(ii) such entry-level graduates are able to effectively transition into the nursing workforce. 

(E) The satisfaction of nurse managers and administrators with respect to the preparation and performance levels 

of entry-level graduates from the schools after one year, 

three years, and five years of practice, respectively. 

(F) The extent to which the current salary, benefit 

structures, and characteristics of the workplace, including 

the number of nurses who are presently serving in faculty 

positions, influence the career path of nurses who have 

pursued graduate education. 

(G) The extent to which the use of innovative technologies for didactic and clinical nursing education might 

provide for an increase in the ability of schools of nursing 

to train qualified nurses. 

(3) RECOMMENDATIONS.—The Institute of Medicine may 

include in the recommendations developed under paragraph 

(1)(B) recommendations for legislative or administrative 

changes at the Federal or State level, and measures that can 

be taken in the private sector— 

(A) to facilitate the recruitment of students into the 

nursing profession; 

(B) to facilitate the retention of nurses in the workplace; and 

(C) to improve the resources and ability of the education and health care systems to prepare a sufficient 

number of qualified registered nurses. 

(4) METHODOLOGY OF STUDY.— 

(A) SCOPE.—The Secretary shall ensure that the agreement under paragraph (1) provides that the study under 

such paragraph will consider the perspectives of— 

(i) nurses and physicians in each of the various 

types of inpatient, outpatient, and residential facilities 

in the health care delivery system; 

(ii) faculty and administrators of schools of 

nursing; 

(iii) providers of health plans or health insurance; 

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(B) CONSULTATION WITH RELEVANT ORGANIZATION.— 

The Secretary shall ensure that the agreement under paragraph (1) provides that relevant agencies and organizations 

with expertise on the nursing shortage will be consulted 

with respect to the study under such paragraph, including 

the following: 

(i) The Agency for Healthcare Research and 

Quality. 

(ii) The American Academy of Nursing. 

(iii) The American Association of Colleges of 

Nursing. 

(iv) The American Nurses Association. 

(v) The American Organization of Nurse Executives. 

(vi) The National Institute of Nursing Research. 

(vii) The National League for Nursing. 

(viii) The National Organization for Associate 

Degree Nursing. 

(ix) The National Student Nurses Association. 

(5) REPORT.—The Secretary shall ensure that the agreement under paragraph (1) provides that, not later than 18 

months after the date of enactment of this section, the Institute 

of Medicine shall submit a report providing the findings and 

recommendations made in the study under this section to the 

Secretary and the authorizing committees. 

(6) OTHER ORGANIZATION.—If the Institute of Medicine 

declines to conduct the study under paragraph (1), the Secretary 

may enter into an agreement with another appropriate private 

entity to conduct the study. 

(c) DEFINITIONS.—In this section: 

(1) TERMS IN PUBLIC HEALTH SERVICE ACT.—The terms 

‘‘collegiate school of nursing’’, ‘‘associate degree school of 

nursing’’, and ‘‘diploma school of nursing’’ have the meanings 

given to such terms in section 801 of the Public Health Service 

Act (42 U.S.C. 296). 

(2) SCHOOL OF NURSING.—The term ‘‘school of nursing’’ 

means a collegiate school of nursing, an associate degree school 

of nursing, or a diploma school of nursing in a State. 

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Education. 

SEC. 1122. STUDY AND REPORT ON NONINDIVIDUAL INFORMATION. 

(a) DEFINITIONS.—In this section: 

(1) HISTORICALLY BLACK COLLEGE OR UNIVERSITY.—The 

term ‘‘historically Black college or university’’ has the meaning 

given the term ‘‘part B institution’’ in section 322 of the Higher 

Education Act of 1965 (20 U.S.C. 1061). 

(2) TRUTH IN LENDING ACT.—The terms ‘‘covered educational institution’’ and ‘‘private education loan’’ have the 

meanings given the terms in section 140 of the Truth in Lending 

Act, as added by title X. 

(b) STUDY.—The Comptroller General of the United States shall 

conduct a study— 

(1) on the impact on and benefits to borrowers of the 

inclusion of nonindividual factors, including cohort default rate, 

accreditation, and graduation rate at institutions of higher 

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education, used in the underwriting criteria to determine the 

pricing of private education loans; 

(2) to examine whether and to what extent the inclusion 

of such nonindividual factors— 

(A) increases access to private education loans for borrowers who lack credit history or results in less favorable 

rates for such borrowers; and 

(B) affects the types of private education loan products 

and rates available at certain institutions of higher education, including a comparison of such impact— 

(i) on private and public institutions; and 

(ii) on historically Black colleges and universities 

and institutions of higher education; and 

(3) to assess the extent to which the use of such nonindividual factors in underwriting may have a disparate impact 

on the pricing of private education loans, based on gender, 

race, income level, and covered educational institution. 

(c) REPORT.—Not later than one year after the date of enactment of this Act, the Comptroller General of the United States 

shall submit a report to the Committee on Banking, Housing, and 

Urban Affairs and the Committee on Health, Education, Labor, 

and Pensions of the Senate and the Committee on Financial Services 

of the House of Representatives on the results of the study required 

by this section. 

SEC. 1123. FEASIBILITY STUDY FOR STUDENT LOAN CLEARINGHOUSE. 

(a) IN GENERAL.—Not later than 18 months after the date 

of enactment of this Act, the Comptroller General of the United 

States shall conduct a study of the feasibility of developing a 

national student loan clearinghouse on the website of the Department of Education that would provide for one or more of the 

following: 

(1) A registry of real-time information on Federal student 

loans (including loans under parts B and D of title IV of 

the Higher Education Act of 1965 (20 U.S.C. 1071 et seq. 

and 1087a et seq.) and private education loans (as defined 

in section 140 of the Truth in Lending Act)), for both undergraduate and graduate students, and parents of students, for 

use by prospective borrowers or any person desiring information 

regarding available interest rates, fees, and other terms from 

lenders. 

(2) A mechanism whereby prospective borrowers could be 

matched with lenders that offer highly competitive products 

and loan servicing quality, including any procedures and safeguards necessary to minimize potentially adverse effects of 

multiple inquiries into participating borrowers’ credit histories 

recorded by consumer reporting agencies. 

(3) Options concerning the establishment and ongoing 

maintenance of such a system, including whether such a system 

should be operated by one or more entities, and methods to 

finance such a system at no or minimal cost to consumers 

and the Government. 

(4) Other features that could help prospective borrowers 

make informed decisions in selecting lenders from whom to 

obtain Federal and private education loans. 

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(b) CONSULTATION.—In conducting the study under subsection 

(a), the Comptroller General of the United States shall consult 

with— 

(1) the Secretary of Education; 

(2) the Federal Trade Commission; 

(3) representatives of student loan borrowers; 

(4) representatives from institutions of higher education, 

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

(5) Federal and private educational lenders (as defined 

in section 140 of the Truth in Lending Act), loan servicers, 

and guaranty agencies; and 

(6) other appropriate entities with relevant experience. 

(c) REPORT.—Not later than two years after the date of enactment of this Act, the Comptroller General of the United States 

shall submit to the authorizing committees a report on the study 

conducted under subsection (a). 

SEC. 1124. STUDY ON DEPARTMENT OF EDUCATION OVERSIGHT OF 

INCENTIVE COMPENSATION BAN. 

(a) IN GENERAL.—Not later than 18 months after the date 

of enactment of this Act, the Comptroller General of the United 

States shall— 

(1) conduct a study of efforts by the Secretary of Education 

to enforce the provisions of section 487(a)(20) of the Higher 

Education Act of 1965 (20 U.S.C. 1094(a)(20)); and 

(2) submit to the authorizing committees a report that 

provides the results of such study. 

(b) CONTENT OF REPORT.—The report submitted under subsection (a) shall include— 

(1) an analysis of the nature, extent, and effectiveness 

of the Secretary of Education’s activities to enforce the provisions of section 487(a)(20) of the Higher Education Act of 1965 

(20 U.S.C. 1094(a)(20)); 

(2) the number of institutions of higher education for which 

investigations were initiated by the Secretary for potential violations of such section since 1998; 

(3) in cases where violations of such section by institutions 

of higher education were substantiated by the Secretary— 

(A) the names of such institutions; 

(B) the nature of the violations; and 

(C) the penalty, if any, imposed by the Secretary for 

such violations; 

(4) an analysis of the impact of the ‘‘safe harbor’’ regulations 

under section 668.14(b)(22)(ii)(A) through (L) of title 34, Code 

of Federal Regulations, promulgated under such section 

487(a)(20), on the number and nature of cases examined by 

the Secretary for potential violations of such section 487(a)(20), 

including whether the number of cases examined by the Secretary has increased or decreased since such regulations went 

into effect; 

(5) information on the extent to which the Secretary has 

considered efforts by States to examine unethical or unlawful 

student recruitment or admissions practices by institutions of 

higher education, including practices that violate the provisions 

of such section 487(a)(20); and 

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LEGISLATIVE HISTORY—H.R. 4137: 

HOUSE REPORTS: Nos. 110–500, Pt. 1 (Comm. on Education and Labor) and

110–803 (Comm. of Conference). 

CONGRESSIONAL RECORD, Vol. 154 (2008): 

Feb. 7, considered and passed House. 

July 29, considered and passed Senate, amended. 

July 31, House and Senate agreed to conference report. 

Æ 

(6) information on the extent to which the Secretary 

reviews publicly-available documents, such as filings to the 

Securities and Exchange Commission, to monitor the compliance of institutions of higher education with the provisions 

of such section 487(a)(20). 

SEC. 1125. DEFINITION OF AUTHORIZING COMMITTEES. 

For purposes of this title, the term ‘‘authorizing committees’’ 

has the meaning given such term in section 103 of the Higher 

Education Act of 1965, as amended by this Act. 

Approved August 14, 2008. 


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