I 

108TH CONGRESS 

1ST SESSION H. R. 3039

To expand opportunities for postsecondary education, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 9, 2003

Mr. COLE (for himself, Mr. BOEHNER, Mr. MCKEON, Mr. ISAKSON, Mr. 

GREENWOOD, Mr. TIBERI, Mr. KELLER, Mr. WILSON of South Carolina, 

Mr. CARTER, Mr. BURNS, Mr. HOUGHTON, Ms. ROS-LEHTINEN, and Mr. 

NUNES) introduced the following bill; which was referred to the Committee on Education and the Workforce 

A BILL

To expand opportunities for postsecondary education, and 

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as ‘‘Ex5 panding Opportunities in Higher Education Act of 2003’’. 

6 (b) TABLE OF CONTENTS.—

Sec. 1. Short title; table of contents. 

Sec. 2. Reference; effective date. 

TITLE I—GENERAL PROVISIONS 

Sec. 101. Definition of institution of higher education. 

Sec. 102. Distance education. 
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Sec. 103. Additional amendments to title I. 

TITLE II—DEVELOPING INSTITUTIONS 

Sec. 201. Title III authorizations. 

Sec. 202. Title V authorization. 

Sec. 203. Title III grants for American Indian Tribally Controlled Colleges and 

Universities. 

Sec. 204. Alaska Native and Native Hawaiian-serving institutions. 

Sec. 205. Grants to part B institutions. 

Sec. 206. Technical amendments. 

TITLE III—STUDENT ASSISTANCE 

Sec. 301. Treating active duty members of the National Guard and Reserves 

as independent students. 

Sec. 302. TRIO programs. 

Sec. 303. GEARUP. 

Sec. 304. HEP/CAMP program. 

Sec. 305. Technical amendments. 

TITLE IV—FINANCIAL AID SIMPLIFICATION 

Sec. 401. Simplification of the free application for Federal student aid 

(FASFA). 

Sec. 402. Simplified needs test improvements. 

Sec. 403. Expanding information dissemination regarding eligibility for Pell 

Grants. 

TITLE V—AMENDMENTS TO OTHER EDUCATION LAWS 

Subtitle a—Education of the Deaf Act of 1986

Sec. 501. Laurent Clerc National Deaf Education Center. 

Sec. 502. Agreement for the National Technical Institute for the Deaf. 

Sec. 503. Audit. 

Sec. 504. Reports. 

Sec. 505. Liaison for educational programs. 

Sec. 506. Federal endowment programs for Gallaudet University and the National Technical Institute for the Deaf. 

Sec. 507. Oversight and effect of agreements. 

Sec. 508. Authorization of appropriations. 

Subtitle B—Additional Education Laws 

Sec. 521. Tribally Controlled College or University Assistance Act of 1978. 

Sec. 522. Navajo Community College Act. 

Sec. 523. United States Institute of Peace.

1 SEC. 2. REFERENCE; EFFECTIVE DATE. 

2 (a) REFERENCE.—Except as otherwise expressly pro3 vided in this Act, whenever in this Act an amendment or 

4 repeal is expressed in terms of an amendment to, or repeal 
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1 of, a section or other provision, the reference shall be con2 sidered to be made to a section or other provision of the 

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

4 (b) EFFECTIVE DATE.—Except as otherwise provided 

5 in this Act, the amendments made by this Act shall take 

6 effect on the date of enactment of this Act. 

7 TITLE I—GENERAL PROVISIONS 

8 SEC. 101. DEFINITION OF INSTITUTION OF HIGHER EDU9 CATION. 

10 (a) AMENDMENT.—Title I of the Higher Education 

11 Act of 1965 is amended by striking sections 101 and 102 

12 (20 U.S.C. 1001, 1002) and inserting the following: 

13 ‘‘SEC. 101. DEFINITION OF INSTITUTION OF HIGHER EDU14 CATION. 

15 ‘‘(a) INSTITUTION OF HIGHER EDUCATION.—For 

16 purposes of this Act, the term ‘institution of higher edu17 cation’ means an educational institution in any State 

18 that—

19 ‘‘(1) admits as regular students only persons 

20 who—

21 ‘‘(A) meet the requirements of section 

22 484(d)(3), or have a certificate of graduation 

23 from a school providing secondary education, or 

24 the recognized equivalent of such a certificate; 

25 or 
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1 ‘‘(B) are beyond the age of compulsory 

2 school attendance in the State in which the in3 stitution is located; 

4 ‘‘(2) is legally authorized within such State to 

5 provide a program of education beyond secondary 

6 education; 

7 ‘‘(3)(A) is accredited by a nationally recognized 

8 accrediting agency or association; or 

9 ‘‘(B) if not so accredited, is a public or non10 profit institution that has been granted 

11 preaccreditation status by such an agency or asso12 ciation that has been recognized by the Secretary for 

13 the granting of preaccreditation status, and the Sec14 retary has determined that there is satisfactory as15 surance that the institution will meet the accredita16 tion standards of such an agency or association 

17 within a reasonable time; and 

18 ‘‘(4) meets either of the following criteria: 

19 ‘‘(A) is a nonprofit, for-profit, or public in20 stitution that—

21 ‘‘(i) provides an educational program 

22 for which the institution awards a bach23 elor’s degree; 

24 ‘‘(ii) provides not less than a two-year 

25 educational program—
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1 ‘‘(I) which is acceptable for full 

2 credit towards such a degree; 

3 ‘‘(II) for which the institution 

4 awards an associate degree; or 

5 ‘‘(iii) provides not less than a 1-year 

6 program of training that prepares students 

7 for gainful employment in a recognized oc8 cupation; or 

9 ‘‘(B) is a nonprofit, for-profit, or public in10 stitution that provides an eligible program (as 

11 defined in section 481)—

12 ‘‘(i) for which the institution awards a 

13 certificate; and 

14 ‘‘(ii) that prepares students for gain15 ful employment in a recognized occupation. 

16 ‘‘(b) ADDITIONAL LIMITATIONS.—

17 ‘‘(1) FOR-PROFIT POSTSECONDARY INSTITU18 TIONS.—A for-profit institution shall not be consid19 ered to be an institution of higher education unless 

20 such institution is accredited by a nationally recog21 nized accrediting agency or association and such in22 stitution has been in existence for at least 2 years. 

23 ‘‘(2) POSTSECONDARY VOCATIONAL INSTITU24 TIONS.—A nonprofit or public institution that meets 

25 the criteria of subsection (a)(4)(B) shall not be con-
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1 sidered to be an institution of higher education un2 less such institution has been in existence for at 

3 least 2 years. 

4 ‘‘(3) LIMITATIONS BASED ON MANAGEMENT.—

5 An institution shall not be considered to meet the 

6 definition of an institution of higher education in 

7 this section if—

8 ‘‘(A) the institution, or an affiliate of the 

9 institution that has the power, by contract or 

10 ownership interest, to direct or cause the direc11 tion of the management or policies of the insti12 tution, has filed for bankruptcy, except that 

13 this paragraph shall not apply to a nonprofit in14 stitution, the primary function of which is to 

15 provide health care educational services (or an 

16 affiliate of such an institution that has the 

17 power, by contract or ownership interest, to di18 rect or cause the direction of the institution’s 

19 management or policies) that filed for bank20 ruptcy under chapter 11 of title 11, United 

21 States Code, between July 1, 1998, and Decem22 ber 1, 1998; or 

23 ‘‘(B) the institution, the institution’s 

24 owner, or the institution’s chief executive officer 

25 has been convicted of, or has pled nolo 
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1 contendere or guilty to, a crime involving the 

2 acquisition, use, or expenditure of Federal 

3 funds, or has been judicially determined to have 

4 committed a crime involving the acquisition, 

5 use, or expenditure involving Federal funds. 

6 ‘‘(4) LIMITATION ON CORRESPONDENCE

7 COURSES.—An institution shall not be considered to 

8 meet the definition of an institution of higher edu9 cation in subsection (a) if such institution—

10 ‘‘(A) offers more than 50 percent of such 

11 institution’s courses by correspondence (exclud12 ing courses offered by telecommunications as 

13 defined in 484(l)(4)), unless the institution is 

14 an institution that meets the definition in sec15 tion 3(3)(C) of the Carl D. Perkins Vocational 

16 and Technical Education Act of 1998; 

17 ‘‘(B) enrolls 50 percent or more of the in18 stitution’s students in correspondence courses 

19 (excluding courses offered by telecommuni20 cations as defined in 484(l)(4)), unless the in21 stitution is an institution that meets the defini22 tion in section 3(3)(C) of the Carl D. Perkins 

23 Vocational and Technical Education Act of 

24 1998, except that the Secretary, at the request 

25 of the institution, may waive the applicability of 
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1 this subparagraph to the institution for good 

2 cause, as determined by the Secretary in the 

3 case of an institution of higher education that 

4 provides a 2- or 4-year program of instruction 

5 (or both) for which the institution awards an 

6 associate or baccalaureate degree, respectively; 

7 ‘‘(C) has a student enrollment in which 

8 more than 25 percent of the students are incar9 cerated, except that the Secretary may waive 

10 the limitation contained in this subparagraph 

11 for an institution that provides a 2- or 4-year 

12 program of instruction (or both) for which the 

13 institution awards a bachelor’s degree, or an as14 sociate’s degree or a postsecondary certificate, 

15 respectively; or 

16 ‘‘(D) has a student enrollment in which 

17 more than 50 percent of the students do not 

18 meet the requirements of section 484(d)(3) or 

19 have a secondary school diploma or its recog20 nized equivalent, and does not provide a 2- or 

21 4-year program of instruction (or both) for 

22 which the institution awards a bachelor’s degree 

23 or an associate’s degree, respectively, except 

24 that the Secretary may waive the limitation 

25 contained in this subparagraph if an institution 
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1 demonstrates to the satisfaction of the Sec2 retary that the institution exceeds such limita3 tion because the institution serves, through con4 tracts with Federal, State, or local government 

5 agencies, significant numbers of students who 

6 do not have a secondary school diploma or its 

7 recognized equivalent. 

8 ‘‘(c) LIST OF ACCREDITING AGENCIES.—For pur9 poses of this section, the Secretary shall publish a list of 

10 nationally recognized accrediting agencies or associations 

11 that the Secretary determines, pursuant to subpart 2 of 

12 part H of title IV, to be reliable authority as to the quality 

13 of the education or training offered. 

14 ‘‘(d) CERTIFICATION.—The Secretary shall certify, 

15 for the purposes of participation in title IV, an institu16 tion’s qualification as an institution of higher education 

17 in accordance with the requirements of subpart 3 of part 

18 H of title IV. 

19 ‘‘(e) LOSS OF ELIGIBILITY.—An institution of higher 

20 education shall not be considered to meet the definition 

21 of an institution of higher education in this section for 

22 the purposes of participation in title IV if such institution 

23 is removed from eligibility for funds under title IV as a 

24 result of an action pursuant to part H of title IV. 
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1 ‘‘SEC. 102. INSTITUTIONS OUTSIDE THE UNITED STATES. 

2 ‘‘(a) INSTITUTIONS OUTSIDE THE UNITED

3 STATES.—

4 ‘‘(1) IN GENERAL.—An institution outside the 

5 United States shall be considered to be an institu6 tion of higher education only for purposes of part B 

7 of title IV if the institution is comparable to an in8 stitution of higher education, as defined in section 

9 101, and has been approved by the Secretary for 

10 purposes of that part. The Secretary shall establish 

11 criteria by regulation for that approval and that de12 termination of comparability. An institution may not 

13 be so approved or determined to be comparable un14 less such institution is a public or nonprofit institu15 tion, except that, subject to paragraph (2)(B), a 

16 graduate medical school or veterinary school located 

17 outside the United States may be a for-profit insti18 tution. 

19 ‘‘(2) MEDICAL AND VETERINARY SCHOOL CRI20 TERIA.—In the case of a graduate medical or veteri21 nary school outside the United States, such criteria 

22 shall include a requirement that a student attending 

23 such school outside the United States is ineligible 

24 for loans made, insured, or guaranteed under part B 

25 of title IV unless—
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1 ‘‘(A) in the case of a graduate medical 

2 school located outside the United States—

3 ‘‘(i)(I) at least 60 percent of those en4 rolled in, and at least 60 percent of the 

5 graduates of, the graduate medical school 

6 outside the United States were not persons 

7 described in section 484(a)(5) in the year 

8 preceding the year for which a student is 

9 seeking a loan under part B of title IV; 

10 and 

11 ‘‘(II) at least 60 percent of the indi12 viduals who were students or graduates of 

13 the graduate medical school outside the 

14 United States or Canada (both nationals of 

15 the United States and others) taking the 

16 examinations administered by the Edu17 cational Commission for Foreign Medical 

18 Graduates received a passing score in the 

19 year preceding the year for which a stu20 dent is seeking a loan under part B of title 

21 IV; or 

22 ‘‘(ii) the institution has a clinical 

23 training program that was approved by a 

24 State as of January 1, 1992; or 
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1 ‘‘(B) in the case of a veterinary school lo2 cated outside the United States that is not a 

3 public or nonprofit institution, the institution’s 

4 students complete their clinical training at an 

5 approved veterinary school located in the 

6 United States. 

7 ‘‘(b) ADVISORY PANEL.—

8 ‘‘(1) IN GENERAL.—For the purpose of quali9 fying a foreign medical school as an institution of 

10 higher education only for purposes of part B of title 

11 IV, the Secretary shall publish qualifying criteria by 

12 regulation and establish an advisory panel of medical 

13 experts that shall—

14 ‘‘(A) evaluate the standards of accredita15 tion applied to applicant foreign medical 

16 schools; and 

17 ‘‘(B) determine the comparability of those 

18 standards to standards for accreditation applied 

19 to United States medical schools. 

20 ‘‘(2) FAILURE TO RELEASE INFORMATION.—

21 The failure of an institution outside the United 

22 States to provide, release, or authorize release to the 

23 Secretary of such information as may be required by 

24 subsection (a)(2) shall render such institution ineli25 gible for the purpose of part B of title IV. 
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1 ‘‘(c) SPECIAL RULE.—If, pursuant to this section, an 

2 institution located outside the United States loses eligi3 bility to participate in the programs under part B of title 

4 IV, then a student enrolled at such institution may, not5 withstanding such loss of eligibility, continue to be eligible 

6 to receive a loan under part B while attending such insti7 tution for the academic year succeeding the academic year 

8 in which such loss of eligibility occurred.’’. 

9 (b) RESTRICTIONS ON FUNDS FOR FOR-PROFIT

10 SCHOOLS.—Part B of title I is amended by inserting after 

11 section 122 (20 U.S.C. 1011k) the following new section: 

12 ‘‘SEC. 123. RESTRICTIONS ON FUNDS FOR FOR-PROFIT 

13 SCHOOLS. 

14 ‘‘(a) IN GENERAL.—Notwithstanding any other pro15 vision of this Act authorizing the use of funds by an insti16 tution of higher education that receives funds under this 

17 Act, none of the funds made available under this Act to 

18 a for-profit institution of higher education may be used 

19 for—

20 ‘‘(1) construction, maintenance, renovation, re21 pair, or improvement of classrooms, libraries, labora22 tories, or other instructional facilities; 

23 ‘‘(2) establishing, improving, or increasing an 

24 endowment fund; or 
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1 ‘‘(3) establishing or improving an institutional 

2 development office to strengthen or improve con3 tributions from alumni and the private sector. 

4 ‘‘(b) EXCEPTION.—Subsection (a) shall not apply to 

5 funds received by the institution from the grant, loan, or 

6 work assistance that is awarded under title IV to the stu7 dents attending such institution.’’. 

8 (c) CONFORMING AMENDMENTS.—

9 (1) Section 114(a) (20 U.S.C. 1011c(a)) is 

10 amended by striking ‘‘(as defined in section 102)’’. 

11 (2) Subsection (d) of section 484 (20 U.S.C. 

12 1091(d)) is amended by striking the designation and 

13 heading of such subsection and inserting the fol14 lowing: 

15 ‘‘(d) SATISFACTION OF SECONDARY EDUCATION

16 STANDARDS.—’’. 

17 (d) EFFECTIVE DATE.—Section 102(a) of the Higher 

18 Education Act of 1965 as amended by this section shall 

19 be effective as if enacted on October 7, 1998. 

20 SEC. 102. DISTANCE EDUCATION. 

21 (a) DISTANCE EDUCATION.—

22 (1) ELIGIBLE PROGRAM.—Section 481(b) (20 

23 U.S.C. 1088(b)) is amended by adding at the end 

24 the following new paragraph: 
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1 ‘‘(3) DISTANCE EDUCATION.—An otherwise eli2 gible program that is offered in whole or in part 

3 through telecommunications is eligible for the pur4 poses of this title if the program is offered by an in5 stitution that has been evaluated and determined to 

6 have the capability to effectively deliver distance 

7 education programs by an accrediting agency or as8 sociation that—

9 ‘‘(A) is recognized by the Secretary under 

10 subpart 2 of Part H; and 

11 ‘‘(B) has evaluation of distance education 

12 programs within the scope of its recognition.’’. 

13 (2) STANDARDS FOR ACCREDITATION.—Section 

14 496(a) (20 U.S.C. 1099b(a)) is amended—

15 (A) in paragraph (4), by inserting after 

16 ‘‘standards’’ the following: ‘‘(including stand17 ards to assess the quality of distance education 

18 that are comparable to the standards used for 

19 face-to-face classroom instruction)’’; 

20 (B) in paragraph (5)—

21 (i) in subparagraph (A), by inserting 

22 ‘‘and retention rates,’’ after ‘‘completion,’’; 

23 (ii) by redesignating subparagraph (J) 

24 as subparagraph (L); 
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1 (iii) by striking ‘‘and’’ at the end of 

2 subparagraph (I); 

3 (iv) by inserting after subparagraph 

4 (I) the following new subparagraphs: 

5 ‘‘(J) development, management, and 

6 growth of distance education programs, if appli7 cable; 

8 ‘‘(K) measures of student achievement (in9 cluding State licensing examination results and 

10 completion, retention, and job placement rates) 

11 specific to programs offered through distance 

12 education as appropriate; and’’; and 

13 (v) in the matter following such sub14 paragraph (K) (as added by clause (iii)), 

15 by striking ‘‘and (J)’’ and inserting ‘‘and 

16 (L)’’. 

17 (b) CORRESPONDENCE COURSES.—Section 484(l)(1) 

18 (20 U.S.C. 1091(l)(1)) is amended—

19 (1) in subparagraph (A)—

20 (A) by striking ‘‘for a program of study of 

21 1 year or longer’’; and 

22 (B) by striking ‘‘unless the total’’ and all 

23 that follows through ‘‘courses at the institu24 tion’’; and 
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1 (2) by amending subparagraph (B) to read as 

2 follows: 

3 ‘‘(B) EXCEPTION.—Subparagraph (A) 

4 does not apply to an institution or school de5 scribed in section 3(3)(C) of the Carl D. Per6 kins Vocational and Technical Education Act of 

7 1998.’’. 

8 SEC. 103. ADDITIONAL AMENDMENTS TO TITLE I. 

9 (a) NEW BORROWER DEFINITION.—Paragraph (7) 

10 of section 103 (20 U.S.C. 1003) is amended to read as 

11 follows: 

12 ‘‘(7) NEW BORROWER.—The term ‘new bor13 rower’ when used with respect to any date for any 

14 loan under any provision of—

15 ‘‘(A) part B or part D of title IV means 

16 an individual who on that date has no out17 standing balance of principal or interest owing 

18 on any loan made, insured, or guaranteed under 

19 either of those parts; and 

20 ‘‘(B) part E of title IV means an indi21 vidual who on that date has no outstanding bal22 ance of principal or interest owing on any loan 

23 made under that part.’’. 

24 (b) EXTENSION OF NATIONAL ADVISORY COM25 MITTEE ON INSTITUTIONAL QUALITY AND INTEGRITY.—
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1 Section 114(g) (20 U.S.C. 1011c(g)) is amended by strik2 ing ‘‘2004’’ and inserting ‘‘2011’’. 

3 (c) PRIOR RIGHTS AND OBLIGATIONS.—Section 

4 121(a) (20 U.S.C. 1011j(a)) is amended by striking 

5 ‘‘1999 and each of the 4’’ each place it appears and insert6 ing ‘‘2004 and each of the 5’’. 

7 (d) PERFORMANCE-BASED ORGANIZATION.—Section 

8 141 (20 U.S.C. 1018) is amended—

9 (1) in subsection (a)(2)(B)—

10 (A) by inserting ‘‘unit’’ after ‘‘to reduce 

11 the’’; and 

12 (B) by inserting ‘‘and, to the extent prac13 ticable, the total costs of administering those 

14 programs’’ after ‘‘those programs’’; 

15 (2) in subsection (c)—

16 (A) in paragraph (1)(A), by striking ‘‘Each 

17 year’’ and inserting ‘‘Each fiscal year’’; 

18 (B) in paragraph (1)(B), by inserting ‘‘sec19 ondary markets, guaranty agencies,’’ after 

20 ‘‘lenders,’’; and 

21 (C) in paragraph (2)(B), by striking 

22 ‘‘Chief Financial Officer Act of 1990 and’’ and 

23 inserting ‘‘Chief Financial Officers Act of 

24 1990,’’ and by inserting before the period at the 
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1 end the following: ‘‘, and other relevant stat2 utes’’; and 

3 (3) in subsection (f)(3)(A), by striking ‘‘para4 graph (1)(A)’’ and inserting ‘‘paragraph (1)’’. 

5 TITLE II—DEVELOPING 

6 INSTITUTIONS 

7 SEC. 201. TITLE III AUTHORIZATIONS. 

8 Section 399(a) (20 U.S.C. 1068h(a)) is amended—

9 (1) by striking ‘‘1999’’ each place it appears 

10 and inserting ‘‘2004’’; 

11 (2) by striking ‘‘4 succeeding fiscal years’’ each 

12 place it appears and inserting ‘‘5 succeeding fiscal 

13 years’’; 

14 (3) in paragraph (1)—

15 (A) by striking ‘‘$10,000,000’’ in subpara16 graph (B) and inserting ‘‘$23,000,000’’; and 

17 (B) by striking ‘‘$5,000,000’’ in subpara18 graph (C) and inserting ‘‘$8,200,000’’; 

19 (4) in paragraph (2)—

20 (A) by striking ‘‘$135,000,000’’ in sub21 paragraph (A) and inserting ‘‘$225,000,000’’; 

22 and 

23 (B) by striking ‘‘$35,000,000’’ in subpara24 graph (B) and inserting ‘‘$54,000,000’’; and 
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1 (5) in paragraph (4), by striking ‘‘$110,000’’ 

2 and inserting ‘‘$210,000’’. 

3 SEC. 202. TITLE V AUTHORIZATION. 

4 (a) AUTHORIZATION OF APPROPRIATIONS.—Sub5 section (a) of section 518 of such Act (20 U.S.C. 

6 1103g(a)) is amended to read as follows: 

7 ‘‘(a) AUTHORIZATIONS OF APPROPRIATIONS.—There 

8 are authorized to be appropriated to carry out this title 

9 $94,000,000 for fiscal year 2004 and such sums as may 

10 be necessary for each of the 5 succeeding fiscal years.’’. 

11 (b) ELIGIBLE INSTITUTIONS.—

12 (1) DEFINITIONAL CHANGES.—Section 502(a) 

13 (20 U.S.C. 1102a(a)) is amended—

14 (A) in paragraph (5)—

15 (i) by inserting ‘‘and’’ after the semi16 colon at the end of subparagraph (A); 

17 (ii) by inserting ‘‘at the end of the 

18 award year immediately preceding the date 

19 of application’’ after ‘‘Hispanic students’’ 

20 in subparagraph (B); 

21 (iii) by striking ‘‘; and’’ at the end of 

22 subparagraph (B) and inserting a period; 

23 and 

24 (iv) by striking subparagraph (C); and 

25 (B) by striking paragraph (7). 
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1 (2) ASSURANCE OF ENROLLMENT OF NEEDY

2 STUDENTS.—Section 511(c) (20 U.S.C. 1103(c)) is 

3 amended—

4 (A) by redesignating paragraphs (8) and 

5 (9) as paragraphs (9) and (10), respectively; 

6 and 

7 (B) by inserting after paragraph (7) the 

8 following new paragraph: 

9 ‘‘(8) contain such assurances as the Secretary 

10 may require that the institution has an enrollment 

11 of needy students as required by section 502(b);’’. 

12 SEC. 203. TITLE III GRANTS FOR AMERICAN INDIAN TRIB13 ALLY CONTROLLED COLLEGES AND UNIVER14 SITIES. 

15 (a) ELIGIBLE INSTITUTIONS.—Subsection (b) of sec16 tion 316 (20 U.S.C. 1059c(b)) is amended to read as fol17 lows: 

18 ‘‘(b) ELIGIBLE INSTITUTIONS.—For purposes of this 

19 section, Indian Tribal Colleges and Universities are the 

20 following: 

21 ‘‘(1) any of the following institutions that meet 

22 the definition of tribally controlled college or univer23 sity in section 2 of the Tribally Controlled College 

24 or University Assistance Act of 1978: Bay Mills 

25 Community College; Blackfeet Community College; 
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1 Cankdeska Cikana Community College; Chief Dull 

2 Knife College; College of Menominee Nation; 

3 Crownpoint Institute of Technology; Dine ́ College; 

4 D-Q University; Fond Du Lac Tribal and Commu5 nity College; Fort Belknap College; Fort Berthold 

6 Community College; Fort Peck Community College; 

7 Haskell Indian Nations University; Institute of 

8 American Indian and Alaska Native Culture and 

9 Arts Development; Lac Courte Oreilles Ojibwa Com10 munity College; Leech Lake Tribal College; Little 

11 Big Horn College; Little Priest Tribal College; Ne12 braska Indian Community College; Northwest Indian 

13 College; Oglala Lakota College; Saginaw Chippewa 

14 Tribal College; Salish Kootenai College; Si Tanka 

15 University-Eagle Butte Campus; Sinte Gleska Uni16 versity; Sisseton Wahpeton Community College; Sit17 ting Bull College; Southwestern Indian Polytechnic 

18 Institute; Stone Child College; Tohono O’Odham 

19 Community College; Turtle Mountain Community 

20 College; United Tribes Technical College; and White 

21 Earth Tribal and Community College; and 

22 ‘‘(2) any other institution that meets the defini23 tion of tribally controlled college or university in sec24 tion 2 of the Tribally Controlled College or Univer-
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1 sity Assistance Act of 1978, and meets all other re2 quirements of this section.’’. 

3 (b) DISTANCE LEARNING.—Subsection (c)(2) of such 

4 section is amended—

5 (1) by striking ‘‘and’’ at the end of subpara6 graph (K); 

7 (2) by redesignating subparagraph (L) as sub8 paragraph (M); and 

9 (3) by inserting after subparagraph (K) the fol10 lowing new subparagraph: 

11 ‘‘(L) developing or improving facilities for 

12 Internet use or other distance learning aca13 demic instruction capabilities; and’’. 

14 (c) APPLICATION, PLAN, AND ALLOCATION.—Sub15 section (d) of such section is amended to read as follows: 

16 ‘‘(d) APPLICATION, PLAN, AND ALLOCATION.—

17 ‘‘(1) INSTITUTIONAL ELIGIBILITY.—To be eligi18 ble to receive assistance under this section, an In19 dian Tribal College or University shall be an eligible 

20 institution under section 312(b). 

21 ‘‘(2) APPLICATION.—Any Indian Tribal College 

22 or University desiring to receive assistance under 

23 this section shall submit an application to the Sec24 retary at such time, and in such manner, as the Sec25 retary may reasonably require. 
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1 ‘‘(3) ALLOCATIONS TO INSTITUTIONS.—

2 ‘‘(A) ALLOTMENT: PELL GRANT BASIS.—

3 From the amount appropriated to carry out 

4 this section for any fiscal year, the Secretary 

5 shall allot to each eligible institution a sum 

6 which bears the same ratio to one-half that 

7 amount as the number of Pell Grant recipients 

8 in attendance at such institution at the end of 

9 the award year preceding the beginning of that 

10 fiscal year bears to the total number of Pell 

11 Grant recipients at all eligible institutions. 

12 ‘‘(B) ALLOTMENT: DEGREE AND CERTIFI13 CATE BASIS.—From the amount appropriated 

14 to carry out this part for any fiscal year, the 

15 Secretary shall allot to each eligible institution 

16 a sum which bears the same ratio to one-half 

17 that amount as the number of degrees or cer18 tificates awarded by such institution during the 

19 proceeding academic year bears to the total 

20 number of degrees or certificates at all eligible 

21 institutions. 

22 ‘‘(C) MINIMUM GRANT.—Notwithstanding 

23 subparagraphs (A) and (B), the amount allot24 ted to each institution under this section shall 

25 not be less than $400,000. 
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1 ‘‘(4) SPECIAL RULES.—

2 ‘‘(A) CONCURRENT FUNDING.—For the 

3 purposes of this part, no Tribal College or Uni4 versity that is eligible for and receives funds 

5 under this section shall concurrently receive 

6 funds under other provisions of this part or 

7 part B. 

8 ‘‘(B) EXEMPTION.—Section 313(d) shall 

9 not apply to institutions that are eligible to re10 ceive funds under this section.’’. 

11 SEC. 204. ALASKA NATIVE AND NATIVE HAWAIIAN-SERVING 

12 INSTITUTIONS. 

13 (a) DISTANCE LEARNING.—Section 317(c)(2) (20 

14 U.S.C. 1059d(c)(2)) is amended—

15 (1) by striking ‘‘and’’ at the end of subpara16 graph (G); 

17 (2) by striking the period at the end of sub18 paragraph (H) and inserting ‘‘; and’’; and 

19 (3) by inserting after subparagraph (H) the fol20 lowing new subparagraph: 

21 ‘‘(I) development or improvement of facili22 ties for Internet use or other distance learning 

23 academic instruction capabilities.’’. 
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1 (b) ENDOWMENT FUNDS.—Section 317(c) is further 

2 amended by adding at the end the following new para3 graph: 

4 ‘‘(3) ENDOWMENT FUNDS.—

5 ‘‘(A) IN GENERAL.—An Alaska Native or 

6 Native Hawaiian-serving institution may use 

7 not more than 20 percent of the grant funds 

8 provided under this section to establish or in9 crease an endowment fund at the institution. 

10 ‘‘(B) MATCHING REQUIREMENT.—In order 

11 to be eligible to use grant funds in accordance 

12 with subparagraph (A), the institution shall 

13 provide to the endowment fund from non-Fed14 eral funds an amount equal to the Federal 

15 funds used in accordance with subparagraph 

16 (A), for the establishment or increase of the en17 dowment fund. 

18 ‘‘(C) APPLICABILITY OF OTHER PROVI19 SIONS.—The provisions of part C regarding the 

20 establishment or increase of an endowment 

21 fund, that the Secretary determines are not in22 consistent with this paragraph, shall apply to 

23 funds used under subparagraph (A).’’. 

24 (c) APPLICATION PROCESS.—Section 317(d) is 

25 amended—
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1 (1) by adding at the end of paragraph (1) the 

2 following new sentences: ‘‘Each Alaska Native-serv3 ing institution and Native Hawaiian-serving institu4 tion shall develop a 5-year plan for improving the as5 sistance provided to Alaska Native or Native Hawai6 ian students. Such plan shall not be subject to ap7 proval by the Secretary.’’; and 

8 (2) in paragraph (2)—

9 (A) by redesignating subparagraph (B) as 

10 subparagraph (C); and 

11 (B) by striking subparagraph (A) and in12 serting the following: 

13 ‘‘(A) an assurance that the institution has 

14 developed a 5-year plan for serving Alaska Na15 tive or Native Hawaiian students; 

16 ‘‘(B) a list of activities and other informa17 tion that are consistent with the institution’s 5-

18 year plan; and’’. 

19 SEC. 205. GRANTS TO PART B INSTITUTIONS. 

20 (a) TECHNICAL ASSISTANCE.—Section 323 (20 

21 U.S.C. 1062) is amended—

22 (1) by redesignating subsection (c) as sub23 section (d); and 

24 (2) by inserting after subsection (b) the fol25 lowing new subsection: 
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•HR 3039 IH 

1 ‘‘(c) TECHNICAL ASSISTANCE.—

2 ‘‘(1) IN GENERAL.—An institution may not use 

3 more than 2 percent of the grant funds provided 

4 under this part to secure technical assistance serv5 ices. 

6 ‘‘(2) TECHNICAL ASSISTANCE SERVICES.—

7 Technical assistance services may include assistance 

8 with enrollment management, financial management, 

9 and strategic planning. 

10 ‘‘(3) REPORT.—The institution shall report to 

11 the Secretary on an annual basis, in such form as 

12 the Secretary requires, the use of funds under this 

13 subsection.’’. 

14 (b) DISTANCE LEARNING.—Section 323(a)(2) (20 

15 U.S.C. 1062(a)(2)) is amended by inserting ‘‘development 

16 or improvement of facilities for Internet use or other dis17 tance learning academic instruction capabilities’’ after 

18 ‘‘facilities’’. 

19 SEC. 206. TECHNICAL AMENDMENTS. 

20 (a) AMENDMENTS TO TITLE III.—Title III is further 

21 amended—

22 (1) in section 312(b)(1)(F), by inserting ‘‘which 

23 is’’ before ‘‘located’’; 

24 (2) in section 312(b)(1) (20 U.S.C. 

25 1058(b)(1)), by redesignating subparagraphs (E) 
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•HR 3039 IH 

1 and (F) as subparagraphs (F) and (G), respectively, 

2 and by inserting after subparagraph (D) the fol3 lowing new subparagraph: 

4 ‘‘(E) which provides not less than a 2-year 

5 educational program that is acceptable for full 

6 credit toward a bachelor’s degree;’’; 

7 (3) in section 316(b)(3) (20 U.S.C. 

8 1059c(b)(3)), by striking ‘‘give’’ and inserting 

9 ‘‘given’’; 

10 (4) in section 323(a) (20 U.S.C. 1062(a)), by 

11 striking ‘‘section 360(a)(2)’’ and inserting 

12 ‘‘399(a)(2)’’; 

13 (5) in section 324(d)(2) (20 U.S.C. 

14 1063(d)(2)), by striking ‘‘section 360(a)(2)(A)’’ and 

15 inserting ‘‘section 399(a)(2)(A)’’; 

16 (6) in section 326(e)(1) (20 U.S.C. 

17 1063b(e)(1)), in the matter preceding subparagraph 

18 (A), by inserting a colon after ‘‘the following’’; 

19 (7) in section 327(b) (20 U.S.C. 1063c(b)), by 

20 striking ‘‘initial’’; 

21 (8) in section 342(5)(C) (20 U.S.C. 

22 1066a(5)(C))—

23 (A) by inserting a comma after ‘‘equip24 ment’’ the first place it appears; and 
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•HR 3039 IH 

1 (B) by striking ‘‘technology,,’’ and insert2 ing ‘‘technology,’’; 

3 (9) in section 343(e) (20 U.S.C. 1066b(e)), by 

4 inserting after the subsection designation the fol5 lowing: ‘‘SALE OF QUALIFIED BONDS.—’’; 

6 (10) in section 351(a) (20 U.S.C. 1067a(a)), by 

7 striking ‘‘of 1979’’; and 

8 (11) in section 396 (20 U.S.C. 1068e), by strik9 ing ‘‘section 360’’ and inserting ‘‘section 399’’. 

10 (b) AMENDMENTS TO TITLE V.—Title V is further 

11 amended—

12 (1) in section 502(a)(2)(A) (20 U.S.C. 

13 1101a(a)(2)(A)), by redesignating clauses (v) and 

14 (vi) as clauses (vi) and (vii), respectively, and insert15 ing after clause (iv) the following new clause: 

16 ‘‘(v) which provides not less than a 2-

17 year educational program that is accept18 able for full credit toward a bachelor’s de19 gree; and’’. 

20 (2) in section 504(a) (20 U.S.C. 1101c(a))—

21 (A) by striking the following: 

22 ‘‘(a) AWARD PERIOD.—

23 ‘‘(1) IN GENERAL.—The Secretary’’, and insert24 ing the following: 

25 ‘‘(a) AWARD PERIOD.—The Secretary’’; and 
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1 (B) by striking paragraph (2). 

2 (c) REPEAL.—Section 1024 (20 U.S.C. 1135b–3), as 

3 transferred by section 301(a)(5) of the Higher Education 

4 Amendments of 1998 (Public Law 105–244; 112 Stat. 

5 1636), is repealed. 

6 TITLE III—STUDENT 

7 ASSISTANCE 

8 SEC. 301. TREATING ACTIVE DUTY MEMBERS OF THE NA9 TIONAL GUARD AND RESERVES AS INDE10 PENDENT STUDENTS. 

11 Section 480(d)(3) (20 U.S.C. 1087vv(d)(3)) is 

12 amended by inserting before the semicolon at the end the 

13 following: ‘‘or is currently serving on active duty in the 

14 Armed Forces for other than training purposes’’. 

15 SEC. 302. TRIO PROGRAMS. 

16 (a) DURATION OF GRANTS.——

17 (1) AMENDMENT.—Section 402A(b)(2) (20 

18 U.S.C. 1070a–11(b)(2)) is amended to read as fol19 lows: 

20 ‘‘(2) DURATION.—Grants or contracts awarded 

21 under this chapter shall be awarded for a period of 

22 5 years, except that—

23 ‘‘(A) grants under section 402G shall be 

24 awarded for a period of 2 years; and 
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1 ‘‘(B) grants under section 402H shall be 

2 awarded for a period determined by the Sec3 retary.’’. 

4 (2) TRANSITION TO SYNCHRONOUS GRANTS PE5 RIODS.—Notwithstanding section 402A(b)(2) of the 

6 Higher Education Act of 1965 (as in effect both 

7 prior to and after the amendment made by para8 graph (1) of this subsection), the Secretary of Edu9 cation may continue an award made before the date 

10 of enactment of this Act under section 402B, 402C, 

11 402D, 402E, or 402F of such Act as necessary to 

12 permit all the awards made under such a section to 

13 expire at the end of the same fiscal year, and there14 after to expire at the end of 5 years as provided in 

15 the amendment made by paragraph (1) of this sub16 section. 

17 (b) MINIMUM GRANTS.—Section 402A(b)(3) (20 

18 U.S.C. 1070a–11(b)(3)) is amended to read as follows: 

19 ‘‘(3) MINIMUM GRANTS.—Unless the institution 

20 or agency requests a smaller amount, individual 

21 grants for programs authorized under this chapter 

22 shall be no less than $200,000, except that indi23 vidual grants for programs authorized under section 

24 402G shall be no less than $170,000. ’’. 
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1 (c) APPLICATION STATUS.—Section 402A(c) (20 

2 U.S.C. 1070a–11(c)) is amended by striking paragraph 

3 (7). 

4 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

5 402A(f) (20 U.S.C. 1070a–11(f)) is amended by striking 

6 ‘‘$700,000,000 for fiscal year 1999, and such sums as 

7 may be necessary for each of the 4 succeeding fiscal years’’ 

8 and inserting ‘‘$835,000,000 for fiscal year 2004 and 

9 such sums as may be necessary for each of the 5 suc10 ceeding fiscal years’’. 

11 (e) DEFINITION.—Section 402A(g) (20 U.S.C. 

12 1070a–11(g)) is amended—

13 (1) in paragraph (3), by striking ‘‘by reason of 

14 such individual’s age’’; 

15 (2) by redesignating paragraphs (1) through 

16 (4) as paragraphs (3) through (6), respectively; and 

17 (3) by inserting before paragraph (3), as redes18 ignated, the following: 

19 ‘‘(1) DIFFERENT CAMPUS.—The term ‘different 

20 campus’ means an institutional site that—

21 ‘‘(A) is geographically apart from the main 

22 campus of the institution; 

23 ‘‘(B) is permanent in nature; and 
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1 ‘‘(C) offers courses in educational pro2 grams leading to a degree, certificate, or other 

3 recognized educational credential. 

4 ‘‘(2) DIFFERENT POPULATION.—The term ‘dif5 ferent population’ means a group of individuals, with 

6 respect to whom an entity seeks to serve through an 

7 application for funding under this chapter, that—

8 ‘‘(A) is separate and distinct from any 

9 other population that the entity seeks to serve 

10 through an application for funding under this 

11 chapter; or 

12 ‘‘(B) while sharing some of the same needs 

13 as another population that the entity seeks to 

14 serve through an application for funding under 

15 this chapter, has distinct needs for specialized 

16 services.’’. 

17 (f) MAXIMUM STIPENDS.—Section 402C(e) (20 

18 U.S.C. 1070a–13(e)) is amended—

19 (1) by striking ‘‘$60’’ and inserting ‘‘$100’’; 

20 and 

21 (2) by striking ‘‘$40’’ and inserting ‘‘$60’’. 

22 (g) STUDENT SUPPORT SERVICES PRIORITY.—Sec23 tion 402D(c) (20 U.S.C. 1070a–14(c)) is amended—

24 (1) by striking ‘‘and’’ at the end of paragraph 

25 (5); 
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1 (2) in paragraph (6)—

2 (A) by striking ‘‘and’’ at the end of sub3 paragraph (A); 

4 (B) by striking the period at the end of 

5 subparagraph (B) and inserting ‘‘; and’’; and 

6 (C) by inserting after subparagraph (B) 

7 the following new subparagraph: 

8 ‘‘(C) working with other entities that serve 

9 low-income working adults to increase access to 

10 and successful progress in postsecondary edu11 cation by low-income working adults seeking 

12 their first postsecondary credential.’’. 

13 (3) by redesignating paragraph (6) as para14 graph (7); and 

15 (4) by inserting after paragraph (5) the fol16 lowing new paragraph: 

17 ‘‘(6) shall give priority for new grants or con18 tracts to those institutions with an undergraduate 

19 student enrollment of which 50 percent or more are 

20 Pell Grant recipients; and’’. 

21 (h) POSTBACCALAUREATE ACHIEVEMENT MAXIMUM

22 STIPENDS.—Section 402E(e) (20 U.S.C. 1070a–15(e)) is 

23 amended by striking ‘‘$2,800’’ and inserting ‘‘$5,000’’. 
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1 (i) EDUCATIONAL OPPORTUNITY CENTERS: APPLICA2 TION APPROVAL.—Section 402F(c) (20 U.S.C. 1070a–

3 16(c)) is amended—

4 (1) by striking ‘‘and’’ at the end of paragraph 

5 (2); 

6 (2) by striking the period at the end of para7 graph (3) and inserting ‘‘; and’’; and 

8 (3) by inserting after paragraph (3) the fol9 lowing new paragraph: 

10 ‘‘(4) consider the services to low-income work11 ing adults in its region to be provided by the project 

12 proposed in the application, in order to increase ac13 cess to postsecondary education by low-income work14 ing adults.’’. 

15 SEC. 303. GEARUP. 

16 (a) CONTINUING ELIGIBILITY.—Section 404A (20 

17 U.S.C. 1070a–21) is amended by adding at the end the 

18 following new subsection: 

19 ‘‘(d) CONTINUING ELIGIBILITY.—An eligible entity 

20 shall not cease to be an eligible entity upon the expiration 

21 of any grant under this chapter (including a continuation 

22 award). The Secretary shall require any such entity seek23 ing a new grant to demonstrate the effectiveness of the 

24 prior programs under this chapter in its plan submitted 

25 under section 404C.’’. 
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1 (b) COORDINATION.—Section 404C(a)(2) (20 U.S.C. 

2 1070a–23(a)(2)) is amended—

3 (1) by striking ‘‘and’’ at the end of subpara4 graph (A); 

5 (2) by redesignating subparagraph (B) as sub6 paragraph (C); and 

7 (3) by inserting after subparagraph (A) the fol8 lowing new subparagraph: 

9 ‘‘(B) describe activities for coordinating, 

10 complementing, and enhancing services under 

11 this chapter provided by other eligible entities 

12 in the State; and’’. 

13 (c) REAUTHORIZATION.—Section 404H (20 U.S.C. 

14 1070a–28) is amended by striking ‘‘$200,000,000 for fis15 cal year 1999 and such sums as may be necessary for each 

16 of the 4 succeeding fiscal years’’ and inserting 

17 ‘‘$300,000,000 for fiscal year 2004 and such sums as may 

18 be necessary for each of the 5 succeeding fiscal years’’. 

19 SEC. 304. HEP/CAMP PROGRAM. 

20 Section 418A (20 U.S.C. 1070d–2) is amended—

21 (1) in subsection (b)(1)(B)(i), by inserting ‘‘or 

22 whose spouse’’ after ‘‘themselves’’; 

23 (2) in subsection (b)(3)(B), by inserting ‘‘, in24 cluding preparation for college entrance exams,’’ 

25 after ‘‘program’’; 
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1 (3) in subsection (b)(8), by inserting ‘‘, includ2 ing child care and transportation’’ after ‘‘students’’; 

3 (4) by striking ‘‘and’’ at the end of subsection 

4 (b)(7), by striking the period at the end of sub5 section (b)(8) and inserting ‘‘; and’’, and by adding 

6 at the end of subsection (b) the following new para7 graph: 

8 ‘‘(9) follow up activity and reporting require9 ments, except that not more than 2 percent of the 

10 funds provided under this section may be used for 

11 such purposes.’’; 

12 (5) in subsection (c)(1)(A), by inserting ‘‘or 

13 whose spouse’’ after ‘‘themselves’’; 

14 (6) in subsection (c)(2)(B), by inserting ‘‘(in15 cluding mentoring and guidance of such students)’’ 

16 after ‘‘services’’; 

17 (7) in subsection (c)(2), by striking ‘‘and’’ at 

18 the end of subparagraph (A), by striking the period 

19 at the end of subparagraph (B) and inserting ‘‘; 

20 and’’, and by adding at the end of subsection (c)(2) 

21 the following new subparagraph: 

22 ‘‘(C) for students in any program that 

23 does not award a bachelor’s degree, encour24 aging the transfer to, and persistence in, such 
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1 a program, and monitoring the rate of such 

2 transfer, persistence, and completion.’’; and 

3 (8) in subsection (h)—

4 (A) in paragraph (1), by striking 

5 ‘‘$15,000,000 for fiscal year 1999 and such 

6 sums as may be necessary for each of the 4 

7 succeeding fiscal years’’ and inserting 

8 ‘‘$24,000,000 for fiscal year 2004 and such 

9 sums as may be necessary for each of the 5 

10 succeeding fiscal years’’; and 

11 (B) in paragraph (2), by striking 

12 ‘‘$5,000,000 for fiscal year 1999 and such 

13 sums as may be necessary for each of the 4 

14 succeeding fiscal years’’ and inserting 

15 ‘‘$16,000,000 for fiscal year 2004 and such 

16 sums as may be necessary for each of the 5 

17 succeeding fiscal years’’. 

18 SEC. 305. TECHNICAL AMENDMENTS. 

19 Title IV is further amended as follows: 

20 (1)(A) Section 404A(b) (20 U.S.C. 1070a–

21 21(b)) is amended by adding at the end thereof the 

22 following new paragraph: 

23 ‘‘(3) DURATION.—An award made by the Sec24 retary under this chapter to an eligible entity de-
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1 scribed in paragraph (1) or (2) of subsection (c) 

2 shall be for the period of 6 years.’’. 

3 (B) The amendment made by subparagraph (A) 

4 shall apply to awards made either before or after the 

5 date of enactment of this Act. 

6 (2) Section 407E (20 U.S.C. 1070a–35) is re7 designated as section 406E. 

8 (3) Section 419C(b)(1) (20 U.S.C. 1070d–

9 33(b)(1)) is amended by inserting ‘‘and’’ after the 

10 semicolon at the end thereof. 

11 (4) Section 419D(d) (20 U.S.C. 1070d–34(d)) 

12 is amended by striking ‘‘Public Law 95–1134’’ and 

13 inserting ‘‘Public Law 95–134’’. 

14 TITLE IV—FINANCIAL AID 

15 SIMPLIFICATION 

16 SEC. 401. SIMPLIFICATION OF THE FREE APPLICATION FOR 

17 FEDERAL STUDENT AID (FASFA). 

18 Section 491 (20 U.S.C. 1098) is amended—

19 (1) by redesignating subsection (k) as sub20 section (l); and 

21 (2) by inserting after subsection (j) the fol22 lowing new subsection: 

23 ‘‘(k) SPECIAL STUDY OF SIMPLIFICATION OF NEED

24 ANALYSIS AND APPLICATION FOR TITLE IV AID.—
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1 ‘‘(1) STUDY REQUIRED.—The Advisory Com2 mittee shall conduct a thorough study of the feasi3 bility of simplifying the need analysis methodology 

4 for all Federal student financial assistance programs 

5 and the process of applying for such assistance. 

6 ‘‘(2) REQUIRED SUBJECTS OF STUDY.—In per7 forming the study, the Advisory Committee shall, at 

8 a minimum, examine the following: 

9 ‘‘(A) whether the methodology used to cal10 culate the expected family contribution can be 

11 simplified without significant adverse effects on 

12 program intent, costs, integrity, delivery, and 

13 distribution of awards; 

14 ‘‘(B) whether the number of data elements, 

15 and, accordingly, the number and complexity of 

16 questions asked of students and families, used 

17 to calculate the expected family contribution 

18 can be reduced without such adverse effects; 

19 ‘‘(C) whether the procedures for deter20 mining such data elements, including deter21 mining and updating offsets and allowances, is 

22 the most efficient, effective, and fair means to 

23 determine a family’s available income and as24 sets; 
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•HR 3039 IH 

1 ‘‘(D) whether the methodology used to cal2 culate the expected family contribution, specifi3 cally the consideration of income earned by a 

4 dependent student and its effect on Pell Grant 

5 eligibility, is an effective and fair means to de6 termine a family’s available income and a stu7 dent’s need; 

8 ‘‘(E) whether the nature and timing of the 

9 application required in section 483(a)(1), eligi10 bility and award determination, financial aid 

11 processing, and funds delivery can be stream12 lined further for students and families, institu13 tions, and States; 

14 ‘‘(F) whether it is feasible to allow stu15 dents to complete only those limited sections of 

16 the financial aid application that apply to their 

17 specific circumstances and the State in which 

18 they reside; 

19 ‘‘(G) whether a widely disseminated print20 ed form, or the use of an Internet or other elec21 tronic means, can be developed to notify indi22 viduals of an estimation of their approximate 

23 eligibility for grant, work-study, and loan assist24 ance upon completion and verification of the 

25 simplified application form; 
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1 ‘‘(H) whether information provided on 

2 other Federal forms (such as the form applying 

3 for supplemental security income under title 

4 XVI of the Social Security Act, the form for ap5 plying for food stamps under the Food Stamp 

6 Act of 1977, and the schedule for applying for 

7 the earned income tax credit under section 32 

8 of the Internal Revenue Code of 1986) that are 

9 designed to determine eligibility for various 

10 Federal need-based assistance programs could 

11 be used to qualify potential students for the 

12 simplified needs test; and 

13 ‘‘(I) whether any proposed changes to data 

14 elements collected, in addition to those used to 

15 calculate expected family contribution, or any 

16 proposed changes to the form’s design or the 

17 process of applying for aid, may have adverse 

18 effects on program costs, integrity, delivery, or 

19 distribution of awards, as well as application 

20 development or application processing. 

21 ‘‘(3) ADDITIONAL CONSIDERATIONS.—In con22 ducting the feasibility study, the Advisory Commit23 tee’s primary objective under this subsection shall be 

24 simplifying the financial aid application forms and 

25 process and obtaining a substantial reduction in the 
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1 number of required data items. In carrying out that 

2 objective, the Advisory Committee shall pay special 

3 attention to the needs of low-income and moderate4 income students and families. 

5 ‘‘(4) CONSULTATION.—

6 ‘‘(A) IN GENERAL.—The Advisory Com7 mittee shall consult with a broad range of inter8 ested parties in higher education, including par9 ents and students, high school guidance coun10 selors, financial aid and other campus adminis11 trators, appropriate State administrators, ad12 ministrators of intervention and outreach pro13 grams, and appropriate officials from the De14 partment of Education. 

15 ‘‘(B) FORMS DESIGN EXPERT.—With the 

16 goal of making significant changes to the form 

17 to make the questions more easily understand18 able, the Advisory Committee shall consult a 

19 forms design expert to ensure that its rec20 ommendations for revision of the application 

21 form would assist in making the form easily 

22 readable and understood by parents, students, 

23 and other members of the public. 

24 ‘‘(C) CONGRESSIONAL CONSULTATION.—

25 The Advisory Committee shall consult on a reg-
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1 ular basis with the Committee on Education 

2 and the Workforce of the House of Representa3 tives and the Committee on Health, Education, 

4 Labor, and Pensions of the Senate in carrying 

5 out the feasibility study required by this sub6 section. 

7 ‘‘(D) DEPARTMENTAL CONSULTATION.—

8 The Secretary of Education shall provide such 

9 assistance to the Advisory Committee as is re10 quested and practicable in conducting the study 

11 required by this subsection. 

12 ‘‘(5) REPORT.—The Advisory Committee shall, 

13 not later than one year after the date of enactment 

14 of the Expanding Opportunities in Higher Education 

15 Act of 2003, prepare and submit a report on the 

16 study required by this section to the Committee on 

17 Education and the Workforce of the House of Rep18 resentatives and the Committee on Health, Edu19 cation, Labor, and Pensions of the Senate, and the 

20 Secretary of Education. Such report shall include 

21 any recommendations for legislative changes that the 

22 Advisory Committee considers appropriate to reform 

23 the needs analysis methodology and forms for all 

24 Federal student financial assistance. 
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1 ‘‘(6) IMPLEMENTATION.—The Secretary of 

2 Education shall consult with the Committee on Edu3 cation and the Workforce of the House of Rep4 resentatives and the Committee on Health, Edu5 cation, Labor, and Pensions of the Senate and shall 

6 subsequently initiate a redesign of the form required 

7 by the Secretary under section 483. Such redesign 

8 shall include the testing of alternative simplified 

9 versions of the free federal form. The Secretary shall 

10 report on the progress of these efforts to the Com11 mittee on Education and the Workforce of the 

12 House of Representatives and the Committee on 

13 Health, Education, Labor, and Pensions of the Sen14 ate not later than one year after receipt of the Advi15 sory Committee report required by this section.’’. 

16 SEC. 402. SIMPLIFIED NEEDS TEST IMPROVEMENTS. 

17 Section 479 (20 U.S.C. 1087ss) is amended—

18 (1) by striking clause (i) of subsection 

19 (b)(1)(B) and inserting the following: 

20 ‘‘(i) the student (and the student’s 

21 spouse, if any) files a form described in 

22 paragraph (3) or certifies that the student 

23 (and the student’s spouse, if any) is not re24 quired to file an income tax return, or the 

25 student (or the student’s spouse, if any) 
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•HR 3039 IH 

1 receives benefits under a means-tested 

2 Federal benefit program;’’; 

3 (2) by striking subparagraph (A) of subsection 

4 (c)(1) and inserting the following: 

5 ‘‘(A) the student’s parents file a form de6 scribed in subsection (b)(3) or certify that they 

7 are not required to file an income tax return, 

8 or the student’s parents or the student receives 

9 benefits under a means-tested Federal benefit 

10 program;’’; 

11 (3) by striking subparagraph (A) of subsection 

12 (c)(2) and inserting the following: 

13 ‘‘(A) the student (and the student’s 

14 spouse, if any) files a form described in sub15 section (b)(3) or certifies that the student (and 

16 the student’s spouse, if any) is not required to 

17 file an income tax return, or the student (or the 

18 student’s spouse, if any) receives benefits under 

19 a means-tested Federal benefit program;’’; and 

20 (4) by adding at the end the following new sub21 section: 

22 ‘‘(d) DEFINITION OF MEANS-TESTED FEDERAL

23 BENEFIT PROGRAM.—For purposes of this section, the 

24 term ‘means-tested Federal benefit program’ means a 

25 mandatory spending program of the Federal Government 
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1 in which eligibility for the programs’ benefits, or the 

2 amount of such benefits, or both, are determined on the 

3 basis of income or resources of the individual or family 

4 seeking the benefit, and includes the supplemental security 

5 income program under title XVI of the Social Security 

6 Act, the food stamp program under the Food Stamp Act 

7 of 1977, and the free and reduced price school lunch pro8 gram under the Richard B. Russell National School Lunch 

9 Act.’’. 

10 SEC. 403. EXPANDING INFORMATION DISSEMINATION RE11 GARDING ELIGIBILITY FOR PELL GRANTS. 

12 Section 483(a) (20 U.S.C. 1090(a)) is amended by 

13 adding at the end the following new paragraph: 

14 ‘‘(8) EXPANDING INFORMATION DISSEMINATION

15 REGARDING ELIGIBILITY FOR PELL GRANTS.—The 

16 Secretary shall make special efforts, in conjunction 

17 with State efforts, to notify students and their par18 ents who qualify for a free lunch under the Richard 

19 B. Russell National School Lunch Act (42 U.S.C. 

20 1751 et seq.), the Food Stamps program, or such 

21 other programs as the Secretary shall determine, of 

22 their potential eligibility for a maximum Pell Grant, 

23 and shall disseminate such informational materials 

24 as the Secretary deems appropriate.’’. 
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1 TITLE V—AMENDMENTS TO 

2 OTHER EDUCATION LAWS 

3 Subtitle A—Education of the Deaf 

4 Act of 1986

5 SECTION 501. LAURENT CLERC NATIONAL DEAF EDU6 CATION CENTER. 

7 (a) GENERAL AUTHORITY.—Section 104(a)(1)(A) of 

8 the Education of the Deaf Act of 1986 (20 U.S.C. 

9 4304(a)(1)(A)) is amended by inserting after ‘‘maintain 

10 and operate’’ the following: ‘‘, at the Laurent Clerc Na11 tional Deaf Education Center,’’. 

12 (b) ADMINISTRATIVE REQUIREMENTS.—

13 (1) IN GENERAL.—Section 104(b) of the Edu14 cation of the Deaf Act of 1986 (20 U.S.C. 4304(b)) 

15 is amended—

16 (A) in the matter preceding subparagraph 

17 (A) of paragraph (1), by striking ‘‘elementary 

18 and secondary education programs’’ and insert19 ing ‘‘Laurent Clerc National Deaf Education 

20 Center’’; and 

21 (B) in paragraph (2), by striking ‘‘elemen22 tary and secondary education programs’’ and 

23 inserting ‘‘Laurent Clerc National Deaf Edu24 cation Center’’. 
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1 (2) PLAN.—Section 104(b) of the Education of 

2 the Deaf Act of 1986 (20 U.S.C. 4304(b)) is amend3 ed by adding at the end the following new para4 graph: 

5 ‘‘(5) In consultation with the Secretary, the Univer6 sity shall develop and implement a plan consistent with 

7 the mission of the elementary and secondary programs op8 erated at the Laurent Clerc National Deaf Education Cen9 ter to ensure that such programs meet the requirements, 

10 as determined by the Secretary, for public elementary and 

11 secondary education schools established under sections 

12 1111 and 1119 of the Elementary and Secondary Edu13 cation Act of 1965.’’. 

14 SEC. 502. AGREEMENT FOR THE NATIONAL TECHNICAL IN15 STITUTE FOR THE DEAF. 

16 (a) GENERAL AUTHORITY.—Section 112(a) of the 

17 Education of the Deaf Act of 1986 (20 U.S.C. 4332(a)) 

18 is amended—

19 (1) in paragraph (1)—

20 (A) in the first sentence—

21 (i) by striking ‘‘an institution of high22 er education’’ and inserting ‘‘the Rochester 

23 Institute of Technology, Rochester, New 

24 York,’’; and 
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1 (ii) by striking ‘‘of a’’ and inserting 

2 ‘‘of the’’; and 

3 (B) by striking the second sentence; and 

4 (2) in paragraph (2)—

5 (A) in the matter preceding subparagraph 

6 (A), by striking ‘‘the institution of higher edu7 cation with which the Secretary has an agree8 ment under this section’’ and inserting ‘‘the 

9 Rochester Institute of Technology’’; and 

10 (B) in subparagraph (B), by striking ‘‘the 

11 institution’’ and inserting ‘‘the Rochester Insti12 tute of Technology’’. 

13 (b) PROVISIONS OF AGREEMENT.—Section 112(b) of 

14 the Education of the Deaf Act of 1986 (20 U.S.C. 

15 4332(b)) is amended—

16 (1) in paragraph (2), by striking ‘‘or other gov17 erning body of the institution’’ and inserting ‘‘of the 

18 Rochester Institute of Technology’’; and 

19 (2) in paragraph (3)—

20 (A) by striking ‘‘or other governing body of 

21 the institution’’ and inserting ‘‘of the Rochester 

22 Institute of Technology’’; 

23 (B) by striking ‘‘the institution of higher 

24 education under the agreement with the Sec-
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1 retary’’ and inserting ‘‘of the Rochester Insti2 tute of Technology’’; and 

3 (C) by striking ‘‘Committee on Education 

4 and Labor of the House of Representatives and 

5 to the Committee on Labor and Human Re6 sources of the Senate’’ and inserting ‘‘Com7 mittee on Education and the Workforce of the 

8 House of Representatives and to the Committee 

9 on Health, Education, Labor, and Pensions of 

10 the Senate’’. 

11 SEC. 503. AUDIT. 

12 (a) INDEPENDENT FINANCIAL AND COMPLIANCE

13 AUDIT.—Section 203(b)(1) of the Education of the Deaf 

14 Act of 1986 (20 U.S.C. 4353(b)(1)) is amended by strik15 ing the second sentence and inserting the following: ‘‘The 

16 NTID shall have an annual independent financial and 

17 compliance audit made of NTID programs and activi18 ties.’’. 

19 (b) COMPLIANCE.—Section 203(b)(2) of the Edu20 cation of the Deaf Act of 1986 (20 U.S.C. 4353(b)(2)) 

21 is amended by striking ‘‘sections’’ and all that follows 

22 through ‘‘section 207’’ and inserting ‘‘sections 102(b), 

23 105(b)(4), 112(b)(5), 203(c), 207(b)(2), subsections (c) 

24 through (f) of section 207’’. 
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1 (c) SUBMISSION OF AUDITS.—Section 203(b)(3) of 

2 the Education of the Deaf Act of 1986 (20 U.S.C. 

3 4353(b)(3)) is amended by inserting after ‘‘Secretary’’ the 

4 following: ‘‘and the Committee on Education and the 

5 Workforce of the House of Representatives and the Com6 mittee on Health, Education, Labor, and Pensions of the 

7 Senate’’. 

8 SEC. 504. REPORTS. 

9 (a) TECHNICAL AMENDMENTS.—Section 204 of the 

10 Education of the Deaf Act of 1986 (20 U.S.C. 4354) is 

11 amended in the matter preceding paragraph (1)—

12 (1) by striking ‘‘or other governing body of the 

13 institution of higher education with which the Sec14 retary has an agreement under section 112’’ and in15 serting ‘‘of NTID’’; and 

16 (2) by striking ‘‘Committee on Education and 

17 Labor of the House of Representatives and the Com18 mittee on Labor and Human Resources of the Sen19 ate’’ and inserting ‘‘Committee on Education and 

20 the Workforce of the House of Representatives and 

21 the Committee on Health, Education, Labor, and 

22 Pensions of the Senate’’. 

23 (b) CONTENTS OF REPORT.—Section 204 of the 

24 Education of the Deaf Act of 1986 (20 U.S.C. 4354) is 

25 amended—
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1 (1) in paragraph (2)(C), by striking ‘‘upon 

2 graduation/completion’’ and inserting ‘‘within one 

3 year of graduation/completion’’; and 

4 (2) in paragraph (3)(B), by striking ‘‘of the in5 stitution of higher education with which the Sec6 retary has an agreement under section 112, includ7 ing specific schedules and analyses for all NTID 

8 funds, as required under section 203’’ and inserting 

9 ‘‘of NTID programs and activities’’. 

10 SEC. 505. LIAISON FOR EDUCATIONAL PROGRAMS. 

11 Section 206(a) of the Education of the Deaf Act of 

12 1986 (20 U.S.C. 4356(a)) is amended by striking ‘‘Not 

13 later than 30 days after the date of enactment of this Act, 

14 the’’ and inserting ‘‘The’’. 

15 SEC. 506. FEDERAL ENDOWMENT PROGRAMS FOR GAL16 LAUDET UNIVERSITY AND THE NATIONAL 

17 TECHNICAL INSTITUTE FOR THE DEAF. 

18 Section 207(a)(2) of the Education of the Deaf Act 

19 of 1986 (20 U.S.C. 4357(a)(2)) is amended by striking 

20 ‘‘or other governing body of the institution of higher edu21 cation with which the Secretary has an agreement under 

22 section 112’’ and inserting ‘‘of NTID’’. 

23 SEC. 507. OVERSIGHT AND EFFECT OF AGREEMENTS. 

24 Section 208(a) of the Education of the Deaf Act of 

25 1986 (20 U.S.C. 4359(a)) is amended—
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1 (1) by striking ‘‘the institution of higher edu2 cation with which the Secretary has an agreement 

3 under part B of title I’’ and inserting ‘‘NTID’’; and 

4 (2) by striking ‘‘Committee on Labor and 

5 Human Resources of the Senate and the Committee 

6 on Education and Labor of the House of Represent7 atives’’ and inserting ‘‘Committee on Education and 

8 the Workforce of the House of Representatives and 

9 the Committee on Health, Education, Labor, and 

10 Pensions of the Senate’’. 

11 SEC. 508. AUTHORIZATION OF APPROPRIATIONS. 

12 (a) MONITORING AND EVALUATION ACTIVITIES.—

13 Section 205(c) of the Education of the Deaf Act of 1986 

14 (20 U.S.C. 4355(c)) is amended by striking ‘‘fiscal years 

15 1998 through 2003’’ and inserting ‘‘fiscal years 2004 

16 through 2009’’. 

17 (b) FEDERAL ENDOWMENT PROGRAMS FOR GAL18 LAUDET UNIVERSITY AND THE NATIONAL INSTITUTE FOR

19 THE DEAF.—Section 207(h) of the Education of the Deaf 

20 Act of 1986 (20 U.S.C. 4357(h)) is amended in para21 graphs (1) and (2) by striking ‘‘fiscal years 1998 through 

22 2003’’ each place it appears and inserting ‘‘fiscal years 

23 2004 through 2009’’. 
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1 (c) GENERAL AUTHORIZATION OF APPROPRIA2 TIONS.—Section 212 of the Education of the Deaf Act of 

3 1986 (20 U.S.C. 4360a) is amended—

4 (1) in the matter preceding paragraph (1) in 

5 subsection (a), by striking ‘‘fiscal years 1998 

6 through 2003’’ and inserting ‘‘fiscal years 2004 

7 through 2009’’; and 

8 (2) in subsection (b), by striking ‘‘fiscal years 

9 1998 through 2003’’ and inserting ‘‘fiscal years 

10 2004 through 2009’’. 

11 Subtitle B—Additional Education 

12 Laws 

13 SEC. 521. TRIBALLY CONTROLLED COLLEGE OR UNIVER14 SITY ASSISTANCE ACT OF 1978. 

15 (a) TITLE I AUTHORIZATION.—Section 110(a) of the 

16 Tribally Controlled Community College or University As17 sistance Act of 1978 (25 U.S.C. 1810(a)) is amended—

18 (1) by striking ‘‘1999’’ each place it appears 

19 and inserting ‘‘2004’’; and 

20 (2) by striking ‘‘4 succeeding’’ each place it ap21 pears and inserting ‘‘5 succeeding’’. 

22 (b) TITLE III REAUTHORIZATION.—Section 306(a) 

23 of the Tribally Controlled Community College or Univer24 sity Assistance Act of 1978 (25 U.S.C. 1836(a)) is amend25 ed—
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1 (1) by striking ‘‘1999’’ and inserting ‘‘2004’’; 

2 and 

3 (2) by striking ‘‘4 succeeding’’ and inserting ‘‘5 

4 succeeding’’. 

5 (c) TITLE IV REAUTHORIZATION.—Section 403 of 

6 the Tribal Economic Development and Technology Re7 lated Education Assistance Act of 1990 (25 U.S.C. 1852) 

8 is amended—

9 (1) by striking ‘‘1999’’ and inserting ‘‘2004’’; 

10 and 

11 (2) by striking ‘‘4 succeeding’’ and inserting ‘‘5 

12 succeeding’’. 

13 (d) ADDITIONAL AMENDMENTS.—The Tribally Con14 trolled Community College or University Assistance Act 

15 of 1978 is further amended—

16 (1) in section 2(a)(6) (25 U.S.C. 1801(a)(6)), 

17 by striking ‘‘in the field of Indian education’’ and in18 serting ‘‘in the field of Tribal Colleges and Univer19 sities and Indian higher education’’; 

20 (2) in section 2(b), by striking paragraph (5) 

21 and inserting the following: 

22 ‘‘(5) Eligible credits earned in a continuing 

23 education program shall be determined as one credit 

24 for every 10 contact hours for institutions on a 

25 quarter system, and 15 contact hours for institu-
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1 tions on a semester system, of participation in an or2 ganized continuing education experience under re3 sponsible sponsorship, capable direction, and quali4 fied instruction, as described in the criteria estab5 lished by the International Association for Con6 tinuing Education and Training, may not exceed 20 

7 percent of an institution’s total Indian student 

8 count.’’; 

9 (3) in section 103 (25 U.S.C. 1804), by striking 

10 ‘‘and’’ at the end of paragraph (2), by striking the 

11 period at the end of paragraph (3) and inserting ‘‘; 

12 and’’, and by inserting after paragraph (3) the fol13 lowing new paragraph: 

14 ‘‘(4) has been accredited by a nationally recog15 nized accrediting agency or association determined 

16 by the Secretary of Education to be a reliable au17 thority as to the quality of training offered, or which 

18 is, according to such an agency or association, mak19 ing reasonable progress toward accreditation.’’. 

20 SEC. 522. NAVAJO COMMUNITY COLLEGE ACT. 

21 Section 5(a)(1) of the Navajo Community College Act 

22 (25 U.S.C. 640c–1(a)(1)) is amended—

23 (1) by striking ‘‘1999’’ and inserting ‘‘2004’’; 

24 and 
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1 (2) by striking ‘‘4 succeeding’’ and inserting ‘‘5 

2 succeeding’’. 

3 SEC. 523. UNITED STATES INSTITUTE OF PEACE. 

4 Section 1710(a)(1) of the United States Institute of 

5 Peace Act (22 U.S.C. 4609(a)(1)) is amended by striking 

6 ‘‘$15,000,000 for fiscal year 1999 and such sums as may 

7 be necessary for each of the 4 succeeding fiscal years’’ and 

8 inserting ‘‘$17,200,000 for fiscal year 2004 and such 

9 sums as may be necessary for each of the 5 succeeding 

10 fiscal years’’.

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