In the Senate of the United States, 

June 23, 2009. 

Resolved, That the bill from the House of Representatives (H.R. 1777) entitled ‘‘An Act to make technical corrections to the Higher Education Act of 1965, and for other 

purposes.’’, do pass with the following 

AMENDMENT: 

Strike all after the enacting clause and insert the 

following: 

1 SECTION 1. TABLE OF CONTENTS. 

2 The table of contents for this Act is as follows: 

Sec. 1. Table of contents. 

Sec. 2. References. 

Sec. 3. Effective date. 

TITLE I—GENERAL PROVISIONS 

Sec. 101. General provisions. 

TITLE II—TEACHER QUALITY ENHANCEMENT 

Sec. 201. Teacher quality enhancement. 

TITLE III—INSTITUTIONAL AID 

Sec. 301. Institutional aid. 

Sec. 302. Multiagency study of minority science programs. 

TITLE IV—STUDENT ASSISTANCE 

Sec. 401. Grants to students in attendance at institutions of higher education. 
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Sec. 402. Federal Family Education Loan Program. 

Sec. 403. Federal work-study programs. 

Sec. 404. Federal Direct Loan Program. 

Sec. 405. Federal Perkins Loans. 

Sec. 406. Need analysis. 

Sec. 407. General provisions of title IV. 

Sec. 408. Program integrity. 

Sec. 409. Waiver of master calendar and negotiated rulemaking requirements. 

TITLE V—DEVELOPING INSTITUTIONS 

Sec. 501. Developing institutions. 

TITLE VI—INTERNATIONAL EDUCATION PROGRAMS 

Sec. 601. International education programs. 

TITLE VII—GRADUATE AND POSTSECONDARY IMPROVEMENT 

Sec. 701. Graduate and postsecondary improvement programs. 

TITLE VIII—ADDITIONAL PROGRAMS 

Sec. 801. Additional programs. 

Sec. 802. Amendments to other higher education Acts. 

1 SEC. 2. REFERENCES. 

2 Except as otherwise expressly provided, whenever in 

3 this Act an amendment or repeal is expressed in terms of 

4 an amendment to, or repeal of, a section or other provision, 

5 the reference shall be considered to be made to a section or 

6 other provision of the Higher Education Act of 1965 (20 

7 U.S.C. 1001 et seq.). 

8 SEC. 3. EFFECTIVE DATE. 

9 Except as otherwise provided in this Act, the amend10 ments made by this Act shall take effect as if enacted on 

11 the date of enactment of the Higher Education Opportunity 

12 Act (Public Law 110–315). 
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1 TITLE I—GENERAL PROVISIONS 

2 SEC. 101. GENERAL PROVISIONS. 

3 (a) HIGHER EDUCATION OPPORTUNITY ACT.— 

4 (1) GENERAL DEFINITION OF INSTITUTION OF

5 HIGHER EDUCATION.—Section 101(b) of the Higher 

6 Education Opportunity Act (Public Law 110–315) is 

7 amended by striking ‘‘July 1, 2010’’ and inserting 

8 ‘‘the date of enactment of this Act’’. 

9 (2) DEFINITION OF INSTITUTION OF HIGHER

10 EDUCATION FOR PURPOSES OF TITLE IV PROGRAMS.— 

11 Section 102(e) of the Higher Education Opportunity 

12 Act (Public Law 110–315) is amended by striking the 

13 period at the end and inserting ‘‘, except that, with 

14 respect to foreign nursing schools that were eligible to 

15 participate in part B of title IV as of the day before 

16 the date of enactment of this Act, the amendments 

17 made by subsection (a)(1)(D) shall take effect on July 

18 1, 2012.’’. 

19 (b) HIGHER EDUCATION ACT OF 1965.—Title I (20 

20 U.S.C. 1001 et seq.) is amended— 

21 (1) in section 102(a)(2)(D) (20 U.S.C. 

22 1002(a)(2)(D)), by striking ‘‘under part B’’ and in23 serting ‘‘under part B of title IV’’; 

24 (2) in section 111(b) (20 U.S.C. 1011(b)), by 

25 striking ‘‘With’’ and inserting ‘‘with’’; 
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1 (3) in section 131(a)(3)(A)(iii)(I) (20 U.S.C. 

2 1015(a)(3)(A)(iii)(I)), by striking ‘‘section 

3 428(a)(2)(C)(i)’’ and inserting ‘‘section 

4 428(a)(2)(C)(ii)’’; 

5 (4) in section 136(d)(1) (20 U.S.C. 1015e(d)(1)), 

6 by striking ‘‘(Family Educational Rights and Pri7 vacy Act of 1974)’’ and inserting ‘‘(commonly known 

8 as the ‘Family Educational Rights and Privacy Act 

9 of 1974’)’’; 

10 (5) in section 141 (20 U.S.C. 1018)— 

11 (A) in the matter preceding subparagraph 

12 (A) of subsection (c)(3), by striking ‘‘under this 

13 title’’ and inserting ‘‘under title IV’’; and 

14 (B) in subsection (d)(3), by striking ‘‘ap15 propriate committees of Congress’’ and inserting 

16 ‘‘authorizing committees’’; 

17 (6) in section 153(a)(1)(B)(iii)(V) (20 U.S.C. 

18 1019b(a)(1)(B)(iii)(V)), by striking ‘‘borrowers who 

19 take out loans under’’ each place the term appears 

20 and inserting ‘‘borrowers of loans made under’’; and 

21 (7) in section 155(a) (20 U.S.C. 1019d(a)), by 

22 striking paragraph (4) and inserting the following: 

23 ‘‘(4) include a place to provide information on— 

24 ‘‘(A) the applicant’s cost of attendance at 

25 the institution of higher education, as deter-
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1 mined by the institution under part F of title 

2 IV; 

3 ‘‘(B) the applicant’s estimated financial as4 sistance, including amounts of financial assist5 ance used to replace the expected family con6 tribution, as determined by the institution, in 

7 accordance with title IV, for students who have 

8 completed the Free Application for Federal Stu9 dent Aid; and 

10 ‘‘(C) the difference between the amounts 

11 under subparagraphs (A) and (B), as applicable; 

12 and’’. 

13 TITLE II—TEACHER QUALITY 

14 ENHANCEMENT 

15 SEC. 201. TEACHER QUALITY ENHANCEMENT. 

16 Title II (20 U.S.C. 1021 et seq.) is amended— 

17 (1) in section 200(22) (20 U.S.C. 1021(22)), by 

18 striking subparagraph (D) and inserting the fol19 lowing: 

20 ‘‘(D) prior to completion of the program— 

21 ‘‘(i) attains full State certification or 

22 licensure and becomes highly qualified; and 

23 ‘‘(ii) acquires a master’s degree not 

24 later than 18 months after beginning the 

25 program.’’; 
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1 (2) in section 202 (20 U.S.C. 1022a)— 

2 (A) in subsection (b)(6)(E)(ii), by striking 

3 ‘‘section 1111(b)(2)’’ and inserting ‘‘section 

4 1111(b)(1)’’; 

5 (B) in subsection (c)(1), by striking ‘‘pre6 baccalaureate’’; 

7 (C) in subsection (d)— 

8 (i) in the heading, by striking ‘‘PRE9 BACCALAUREATE’’ and inserting ‘‘THE’’; 

10 and 

11 (ii) in the matter preceding paragraph 

12 (1), by striking ‘‘An eligible partnership 

13 that receives a grant to carry out an effec14 tive program for the pre-baccalaureate prep15 aration of teachers shall carry out a pro16 gram that includes all of the following:’’ 

17 and inserting ‘‘An eligible partnership that 

18 receives a grant to carry out a program for 

19 the preparation of teachers shall carry out 

20 an effective pre-baccalaureate teacher prepa21 ration program or a 5th year initial licens22 ing program that includes all of the fol23 lowing:’’; 

24 (D) in subsection (e)(2)— 
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1 (i) in subparagraph (A)(ii), by strik2 ing ‘‘to earn’’ and inserting ‘‘leading to’’; 

3 and 

4 (ii) in subparagraph (C)— 

5 (I) in clause (i), by striking ‘‘one6 year’’ before ‘‘teaching residency pro7 gram’’; and 

8 (II) in clause (iii)(I), by striking 

9 ‘‘one-year’’; and 

10 (E) in subsection (i)(3), by striking ‘‘con11 sent of’’ and inserting ‘‘consent to’’; and 

12 (3) in section 231(a)(1) (20 U.S.C. 1032(a)(1)), 

13 by striking ‘‘serve graduate’’ and inserting ‘‘assist in 

14 the graduation of’’. 

15 TITLE III—INSTITUTIONAL AID 

16 SEC. 301. INSTITUTIONAL AID. 

17 Title III (20 U.S.C. 1051 et seq.) is amended— 

18 (1) in section 316 (20 U.S.C. 1059c)— 

19 (A) in subsection (a), by striking ‘‘Indian 

20 Tribal’’ and inserting ‘‘Tribal’’; and 

21 (B) in subsection (b)— 

22 (i) in paragraph (1), by striking ‘‘the 

23 Tribally Controlled College or University 

24 Assistance Act of 1978’’ and inserting ‘‘the 
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1 Tribally Controlled Colleges and Univer2 sities Assistance Act of 1978’’; 

3 (ii) in paragraph (2), by striking ‘‘the 

4 Tribally Controlled College or University 

5 Assistance Act of 1978’’ and inserting ‘‘the 

6 Tribally Controlled Colleges and Univer7 sities Assistance Act of 1978’’; and 

8 (iii) in paragraph (3)(A), by striking 

9 ‘‘the Navajo Community College Assistance 

10 Act of 1978’’ and inserting ‘‘the Navajo 

11 Community College Act’’; 

12 (2) in section 318(b)(1) (20 U.S.C. 1059e(b)(1)), 

13 by striking subparagraph (F) and inserting the fol14 lowing: 

15 ‘‘(F) is not receiving assistance under— 

16 ‘‘(i) part B; 

17 ‘‘(ii) part A of title V; or 

18 ‘‘(iii) an annual authorization of ap19 propriations under the Act of March 2, 

20 1867 (14 Stat. 438; 20 U.S.C. 123).’’; 

21 (3) in section 323(a) (20 U.S.C. 1062(a)), in the 

22 matter preceding paragraph (1), by striking ‘‘in any 

23 fiscal year’’ and inserting ‘‘for any fiscal year,’’; 

24 (4) in section 324(d) (20 U.S.C. 1063(d))— 
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1 (A) by redesignating paragraphs (1) and 

2 (2) as subparagraphs (A) and (B), respectively; 

3 (B) by striking ‘‘Notwithstanding sub4 sections (a)’’ and inserting ‘‘(1) Notwithstanding 

5 subsections (a)’’; and 

6 (C) by adding at the end the following: 

7 ‘‘(2) If the amount appropriated pursuant to section 

8 399(a)(2)(A) for any fiscal year is not sufficient to pay the 

9 minimum allotment required by paragraph (1) to all part 

10 B institutions, the amount of such minimum allotments 

11 shall be ratably reduced. If additional sums become avail12 able for such fiscal year, such reduced allocations shall be 

13 increased on the same basis as the basis on which they were 

14 reduced (until the amount allotted equals the minimum al15 lotment required by paragraph (1)).’’; 

16 (5) in section 351(a) (20 U.S.C. 1067a(a))— 

17 (A) by striking ‘‘section 304(a)(1)’’ and in18 serting ‘‘section 303(a)(1)’’; and 

19 (B) by striking ‘‘of 1979’’; 

20 (6) in section 355(a) (20 U.S.C. 1067e(a)), by 

21 striking ‘‘302’’ and inserting ‘‘312’’; 

22 (7) in section 371(c) (20 U.S.C. 1067q(c))— 

23 (A) in paragraph (3)(D), by striking 

24 ‘‘402A(g)’’ and inserting ‘‘402A(h)’’; 
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1 (B) in paragraph (4), by striking 

2 ‘‘402A(g)’’ and inserting ‘‘402A(h)’’; and 

3 (C) in paragraph (9)— 

4 (i) in subparagraph (C)(iii), by strik5 ing ‘‘402A(g)’’ and inserting ‘‘402A(h)’’; 

6 and 

7 (ii) by amending subparagraph (F) to 

8 read as follows: 

9 ‘‘(F) is not receiving assistance under— 

10 ‘‘(i) part B; 

11 ‘‘(ii) part A of title V; or 

12 ‘‘(iii) an annual authorization of ap13 propriations under the Act of March 2, 

14 1867 (14 Stat. 438; 20 U.S.C. 123).’’; and 

15 (8) in section 392(a)(6) (20 U.S.C. 1068a(a)(6)), 

16 by striking ‘‘College or University’’ and inserting 

17 ‘‘Colleges and Universities’’. 

18 SEC. 302. MULTIAGENCY STUDY OF MINORITY SCIENCE 

19 PROGRAMS. 

20 Section 1024 (20 U.S.C. 1067d) is repealed. 

21 TITLE IV—STUDENT ASSISTANCE 

22 SEC. 401. GRANTS TO STUDENTS IN ATTENDANCE AT INSTI23 TUTIONS OF HIGHER EDUCATION. 

24 (a) AMENDMENTS.—Part A of title IV (20 U.S.C. 1070 

25 et seq.) is amended— 
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1 (1) in section 400(b) (20 U.S.C. 1070(b)), by 

2 striking ‘‘1 through 8’’ and inserting ‘‘1 through 9’’; 

3 (2) in section 401 (20 U.S.C. 1070a)— 

4 (A) in the second sentence of subsection 

5 (a)(1), by striking ‘‘manner,,’’ and inserting 

6 ‘‘manner,’’; 

7 (B) in subsection (b)(1), by striking ‘‘sec8 tion 401’’ and inserting ‘‘this section’’; and 

9 (C) in subsection (b)(9)(A)— 

10 (i) in clause (vi), by striking 

11 ‘‘$105,000,000’’ and inserting 

12 ‘‘$258,000,000’’; and 

13 (ii) in clause (viii), by striking 

14 ‘‘$4,400,000,000’’ and inserting 

15 ‘‘$4,452,000,000’’; 

16 (3) by striking paragraph (4) of section 401(f) 

17 (20 U.S.C. 1070a(f)), as added by section 401(c) of 

18 the Higher Education Opportunity Act (Public Law 

19 110–315); 

20 (4) in section 402A (20 U.S.C. 1070a–11)— 

21 (A) in subsection (b)(1), by striking ‘‘orga22 nizations including’’ and inserting ‘‘organiza23 tions, including’’; and 

24 (B) in subsection (c)(8)(C)(iv)(I), by insert25 ing ‘‘to be’’ after ‘‘determined’’; 
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1 (5) in section 402E(d)(2)(C) (20 U.S.C. 1070a– 

2 15(d)(2)(C)), by striking ‘‘320.’’ and inserting ‘‘320’’; 

3 (6) in section 415E(b)(1)(B) (20 U.S.C. 1070c– 

4 3a(b)(1)(B))— 

5 (A) in clause (i), by striking ‘‘If a’’ and in6 serting ‘‘Except as provided in clause (ii), if a’’; 

7 (B) by redesignating clause (ii) as clause 

8 (iii); and 

9 (C) by inserting after clause (i) (as amend10 ed by subparagraph (A)) the following: 

11 ‘‘(ii) SPECIAL CONTINUATION AND

12 TRANSITION RULE.—If a State that applied 

13 for and received an allotment under this 

14 section for fiscal year 2010 pursuant to sub15 section (j) meets the specifications estab16 lished in the State’s application under sub17 section (c) for fiscal year 2011, then the 

18 Secretary shall make an allotment to such 

19 State for fiscal year 2011 that is not less 

20 than the allotment made pursuant to sub21 section (j) to such State for fiscal year 2010 

22 under this section (as this section was in ef23 fect on the day before the date of enactment 

24 of the Higher Education Opportunity Act 

25 (Public Law 110–315)).’’; 
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1 (7) in section 419C(b)(1) (20 U.S.C. 1070d– 

2 33(b)(1)), by inserting ‘‘and’’ after the semicolon at 

3 the end; 

4 (8) in section 419D(d) (20 U.S.C. 1070d–34(d)), 

5 by striking ‘‘1134’’ and inserting ‘‘134’’; and 

6 (9) by adding at the end the following: 

7 ‘‘Subpart 10—Scholarships for Veteran’s Dependents 

8 ‘‘SEC. 420R. SCHOLARSHIPS FOR VETERAN’S DEPENDENTS. 

9 ‘‘(a) DEFINITION OF ELIGIBLE VETERAN’S DEPEND10 ENT.—The term ‘eligible veteran’s dependent’ means a de11 pendent or an independent student— 

12 ‘‘(1) whose parent or guardian was a member of 

13 the Armed Forces of the United States and died as a 

14 result of performing military service in Iraq or Af15 ghanistan after September 11, 2001; and 

16 ‘‘(2) who, at the time of the parent or guardian’s 

17 death, was— 

18 ‘‘(A) less than 24 years of age; or 

19 ‘‘(B) enrolled at an institution of higher 

20 education on a part-time or full-time basis. 

21 ‘‘(b) GRANTS.— 

22 ‘‘(1) IN GENERAL.—The Secretary shall award a 

23 grant to each eligible veteran’s dependent to assist in 

24 paying the eligible veteran’s dependent’s cost of at25 tendance at an institution of higher education. 
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1 ‘‘(2) DESIGNATION.—Grants made under this 

2 section shall be known as ‘Iraq and Afghanistan Serv3 ice Grants’. 

4 ‘‘(c) PREVENTION OF DOUBLE BENEFITS.—No eligible 

5 veteran’s dependent may receive a grant under both this 

6 section and section 401. 

7 ‘‘(d) TERMS AND CONDITIONS.—The Secretary shall 

8 award grants under this section in the same manner, and 

9 with the same terms and conditions, including the length 

10 of the period of eligibility, as the Secretary awards Federal 

11 Pell Grants under section 401, except that— 

12 ‘‘(1) the award rules and determination of need 

13 applicable to the calculation of Federal Pell Grants, 

14 shall not apply to grants made under this section; 

15 ‘‘(2) the provisions of subsection (a)(3), sub16 section (b)(1), the matter following subsection 

17 (b)(2)(A)(v), subsection (b)(3), and subsection (f), of 

18 section 401 shall not apply; and 

19 ‘‘(3) a grant made under this section to an eligi20 ble veteran’s dependent for any award year shall 

21 equal the maximum Federal Pell Grant available for 

22 that award year, except that such a grant under this 

23 section— 
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1 ‘‘(A) shall not exceed the cost of attendance 

2 of the eligible veteran’s dependent for that award 

3 year; and 

4 ‘‘(B) shall be adjusted to reflect the attend5 ance by the eligible veteran’s dependent on a less 

6 than full-time basis in the same manner as such 

7 adjustments are made under section 401. 

8 ‘‘(e) ESTIMATED FINANCIAL ASSISTANCE.—For pur9 poses of determinations of need under part F, a grant 

10 awarded under this section shall not be treated as estimated 

11 financial assistance as described in sections 471(3) and 

12 480(j). 

13 ‘‘(f) AUTHORIZATION AND APPROPRIATIONS OF

14 FUNDS.—There are authorized to be appropriated, and 

15 there are appropriated, out of any money in the Treasury 

16 not otherwise appropriated, for the Secretary to carry out 

17 this section, such sums as may be necessary for fiscal year 

18 2010 and each succeeding fiscal year.’’. 

19 (b) EFFECTIVE DATE.—The amendment made by sub20 section (a)(9) shall take effect on July 1, 2010. 

21 (c) HIGHER EDUCATION OPPORTUNITY ACT.—Section 

22 404 of the Higher Education Opportunity Act (Public Law 

23 110–315) is amended by adding at the end the following 

24 new subsection: 

25 ‘‘(i) EFFECTIVE DATE; TRANSITION.— 
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1 ‘‘(1) IN GENERAL.—The amendments made by 

2 subsection (e) shall apply to grants made under chap3 ter 2 of subpart 2 of part A of title IV of the Higher 

4 Education Act of 1965 (20 U.S.C. 1070a–21 et seq.) 

5 on or after the date of enactment of this Act, except 

6 that a recipient of a grant under such chapter that 

7 is made prior to such date may elect to apply the re8 quirements contained in the amendments made by 

9 subsection (e) to that grant if the grant recipient in10 forms the Secretary of the election. 

11 ‘‘(2) SPECIAL RULE.—A grant recipient may 

12 make the election described in paragraph (1) only if 

13 the election does not decrease the amount of the schol14 arship promised to an individual student under the 

15 grant.’’. 

16 SEC. 402. FEDERAL FAMILY EDUCATION LOAN PROGRAM. 

17 (a) AMENDMENT TO PROVISION AMENDED BY THE

18 COLLEGE COST REDUCTION AND ACCESS ACT.— 

19 (1) IN GENERAL.—Section 428(b)(1)(G)(i) (20 

20 U.S.C. 1078(b)(1)(G)(i)), as amended by section 303 

21 of the College Cost Reduction and Access Act (Public 

22 Law 110–84), is amended by striking ‘‘or 439(q)’’. 

23 (2) EFFECTIVE DATE.—The amendment made by 

24 paragraph (1) shall be effective as if enacted as part 

25 of the amendment in section 303(a) of the College 
17 

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1 Cost Reduction and Access Act (Public Law 110–84), 

2 shall take effect on October 1, 2012, and shall apply 

3 with respect to loans made on or after such date. 

4 (b) ENTRANCE COUNSELING FUNCTIONS.— 

5 (1) GUARANTY AGENCIES.—Section 428(b)(3) (20 

6 U.S.C. 1078(b)(3)) is amended— 

7 (A) in subparagraph (C), by inserting ‘‘or 

8 485(l)’’ after ‘‘section 485(b)’’; and 

9 (B) in subparagraph (D), by inserting ‘‘or 

10 485(l)’’ after ‘‘section 485(b)’’. 

11 (2) ELIGIBLE LENDERS.—Section 435(d)(5) (20 

12 U.S.C. 1085(d)(5)) is amended— 

13 (A) in subparagraph (E), by inserting ‘‘or 

14 485(l)’’ after ‘‘section 485(b)’’; and 

15 (B) in subparagraph (F), by inserting ‘‘or 

16 485(l)’’ after ‘‘section 485(b)’’. 

17 (c) AMENDMENT TO PROVISION AMENDED BY THE

18 HIGHER EDUCATION OPPORTUNITY ACT.— 

19 (1) IN GENERAL.—Section 428C(c)(3)(A) (20 

20 U.S.C. 1078–3(c)(3)(A)), as amended by section 425 

21 of the Higher Education Opportunity Act (Public 

22 Law 110–315), is amended by striking ‘‘section 

23 493C’’ and inserting ‘‘section 493C,’’. 

24 (2) EFFECTIVE DATE.—The amendment made by 

25 paragraph (1) shall be effective as if enacted as part 
18 

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1 of the amendments in section 425(d)(1) of the Higher 

2 Education Opportunity Act (Public Law 110–315), 

3 and shall take effect on July 1, 2009. 

4 (d) REHABILITATION OF STUDENT LOANS.— 

5 (1) Section 428F (20 U.S.C. 1078–6) is amend6 ed— 

7 (A) in subsection (a)— 

8 (i) by amending paragraph (1) to read 

9 as follows: 

10 ‘‘(1) SALE OR ASSIGNMENT OF LOAN.— 

11 ‘‘(A) IN GENERAL.—Each guaranty agency, 

12 upon securing 9 payments made within 20 days 

13 of the due date during 10 consecutive months of 

14 amounts owed on a loan for which the Secretary 

15 has made a payment under paragraph (1) of sec16 tion 428(c), shall— 

17 ‘‘(i) if practicable, sell the loan to an 

18 eligible lender; or 

19 ‘‘(ii) on or before September 30, 2011, 

20 assign the loan to the Secretary if— 

21 ‘‘(I) the Secretary has determined 

22 that market conditions unduly limit a 

23 guaranty agency’s ability to sell loans 

24 under clause (i); and 
19 

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1 ‘‘(II) the guaranty agency has 

2 been unable to sell loans under clause 

3 (i). 

4 ‘‘(B) MONTHLY PAYMENTS.—Neither the 

5 guaranty agency nor the Secretary shall demand 

6 from a borrower as monthly payment amounts 

7 described in subparagraph (A) more than is rea8 sonable and affordable based on the borrower’s 

9 total financial circumstances. 

10 ‘‘(C) CONSUMER REPORTING AGENCIES.— 

11 Upon the sale or assignment of the loan, the Sec12 retary, guaranty agency or other holder of the 

13 loan shall request any consumer reporting agen14 cy to which the Secretary, guaranty agency or 

15 holder, as applicable, reported the default of the 

16 loan, to remove the record of the default from the 

17 borrower’s credit history. 

18 ‘‘(D) DUTIES UPON SALE.—With respect to 

19 a loan sold under subparagraph (A)(i)— 

20 ‘‘(i) the guaranty agency— 

21 ‘‘(I) shall repay the Secretary 

22 81.5 percent of the amount of the prin23 cipal balance outstanding at the time 

24 of such sale, multiplied by the reinsur25 ance percentage in effect when pay-
20 

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1 ment under the guaranty agreement 

2 was made with respect to the loan; and 

3 ‘‘(II) may, in order to defray col4 lection costs— 

5 ‘‘(aa) charge to the borrower 

6 an amount not to exceed 18.5 per7 cent of the outstanding principal 

8 and interest at the time of the 

9 loan sale; and 

10 ‘‘(bb) retain such amount 

11 from the proceeds of the loan sale; 

12 and 

13 ‘‘(ii) the Secretary shall reinstate the 

14 Secretary’s obligation to— 

15 ‘‘(I) reimburse the guaranty agen16 cy for the amount that the agency 

17 may, in the future, expend to discharge 

18 the guaranty agency’s insurance obli19 gation; and 

20 ‘‘(II) pay to the holder of such 

21 loan a special allowance pursuant to 

22 section 438. 

23 ‘‘(E) DUTIES UPON ASSIGNMENT.—With re24 spect to a loan assigned under subparagraph 

25 (A)(ii)— 
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1 ‘‘(i) the guaranty agency shall add to 

2 the principal and interest outstanding at 

3 the time of the assignment of such loan an 

4 amount equal to the amount described in 

5 subparagraph (D)(i)(II)(aa); and 

6 ‘‘(ii) the Secretary shall pay the guar7 anty agency, for deposit in the agency’s Op8 erating Fund established pursuant to sec9 tion 422B, an amount equal to the amount 

10 added to the principal and interest out11 standing at the time of the assignment in 

12 accordance with clause (i). 

13 ‘‘(F) ELIGIBLE LENDER LIMITATION.—A 

14 loan shall not be sold to an eligible lender under 

15 subparagraph (A)(i) if such lender has been 

16 found by the guaranty agency or the Secretary 

17 to have substantially failed to exercise the due 

18 diligence required of lenders under this part. 

19 ‘‘(G) DEFAULT DUE TO ERROR.—A loan 

20 that does not meet the requirements of subpara21 graph (A) may also be eligible for sale or assign22 ment under this paragraph upon a determina23 tion that the loan was in default due to clerical 

24 or data processing error and would not, in the 

25 absence of such error, be in a delinquent status.’’; 
22 

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1 (ii) in paragraph (2)— 

2 (I) by striking ‘‘paragraph (1) of 

3 this subsection’’ and inserting ‘‘para4 graph (1)(A)(i)’’; and 

5 (II) by striking ‘‘paragraph 

6 (1)(B)(ii) of this subsection’’ and in7 serting ‘‘paragraph (1)(D)(ii)(I)’’; 

8 (iii) in paragraph (3)— 

9 (I) by striking ‘‘sold under para10 graph (2)’’ and inserting ‘‘sold or as11 signed under paragraph (1)(A)’’; and 

12 (II) by striking ‘‘sale.’’ and in13 serting ‘‘sale or assignment.’’; 

14 (iv) in paragraph (4), by striking 

15 ‘‘which is sold under paragraph (1) of this 

16 subsection’’ and inserting ‘‘that is sold or 

17 assigned under paragraph (1)’’; and 

18 (v) in paragraph (5), by inserting 

19 ‘‘(whether by loan sale or assignment)’’ 

20 after ‘‘rehabilitating a loan’’; and 

21 (B) in subsection (b), in the first sentence, 

22 by inserting ‘‘or assigned to the Secretary’’ after 

23 ‘‘sold to an eligible lender’’. 

24 (2) EFFECTIVE DATE.—The amendments made 

25 by paragraph (1) shall be effective on the date of en-
23 

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1 actment of this Act, and shall apply to any loan on 

2 which monthly payments described in section 

3 428F(a)(1)(A) were paid before, on, or after such date 

4 of enactment. 

5 (e) REPAYMENT IN FULL FOR DEATH AND DIS6 ABILITY.— 

7 (1) IN GENERAL.—Section 437(a)(1) (20 U.S.C. 

8 1087(a)(1)), as amended by section 437 of the Higher 

9 Education Opportunity Act (Public Law 110–315), is 

10 amended— 

11 (A) in the matter preceding subparagraph 

12 (A), by striking ‘‘Secretary),, or if’’ and insert13 ing ‘‘Secretary), or if’’; and 

14 (B) in subparagraph (B), by inserting ‘‘the 

15 reinstatement and resumption to be’’ after ‘‘de16 termines’’. 

17 (2) EFFECTIVE DATE.—The amendments made 

18 by paragraph (1) shall be effective as if enacted as 

19 part of the amendments in section 437(a) of the High20 er Education Opportunity Act (Public Law 110–315), 

21 and shall take effect on July 1, 2010. 

22 (f) OTHER AMENDMENTS.—Part B of title IV (20 

23 U.S.C. 1071 et seq.) is further amended— 

24 (1) in section 428 (20 U.S.C. 1078)— 
24 

† HR 1777 EAS 

1 (A) in subsection (a)(2)(A)(i)(II), by strik2 ing ‘‘and’’ after the semicolon at the end; 

3 (B) in subsection (b)— 

4 (i) in the matter following subclause 

5 (II) of paragraph (1)(M)(i), by inserting 

6 ‘‘section’’ before ‘‘428B’’; 

7 (ii) in paragraph (3)(A)(i), by striking 

8 ‘‘any institution of higher education or the 

9 employees of an institution of higher edu10 cation’’ and inserting ‘‘any institution of 

11 higher education, any employee of an insti12 tution of higher education, or any indi13 vidual or entity’’; 

14 (iii) in paragraph (4), by striking 

15 ‘‘For the purpose of paragraph 

16 (1)(M)(i)(III) of this subsection,’’ and in17 serting ‘‘With respect to the graduate fellow18 ship program referred to in paragraph 

19 (1)(M)(i)(II),’’; and 

20 (iv) in paragraph (7)— 

21 (I) in subparagraph (B), by strik22 ing ‘‘clause (i) or (ii) of’’; and 

23 (II) in subparagraph (D), by 

24 striking ‘‘subparagraph (A)(i)’’ and 

25 inserting ‘‘subparagraph (A)’’; and 
25 

† HR 1777 EAS 

1 (C) in subsection (c)(9)(K), by striking ‘‘3 

2 months’’ and inserting ‘‘6 months’’; 

3 (2) in section 428B(e) (20 U.S.C. 1078–2(e))— 

4 (A) in paragraph (3)(B), by striking ‘‘sub5 section (c)(5)(B)’’ and inserting ‘‘subsection 

6 (d)(5)(B)’’; and 

7 (B) by repealing paragraph (5); 

8 (3) in section 428C (20 U.S.C. 1078–3)— 

9 (A) in subsection (a)(4)(E), by striking 

10 ‘‘subpart II of part B’’ and inserting ‘‘part E’’; 

11 (B) in the matter preceding clause (i) of 

12 subsection (c)(2)(A)— 

13 (i) by striking ‘‘subsection (b)(2)(F)’’ 

14 and inserting ‘‘subsection (b)(2)’’; and 

15 (ii) by inserting a comma after ‘‘grad16 uated’’; 

17 (C) in subsection (d)(3)(D), by striking 

18 ‘‘loan insurance fund’’ and inserting ‘‘loan in19 surance account’’; and 

20 (D) in subsection (f)(3), by striking ‘‘sub21 section (a)’’ and inserting ‘‘this subsection’’; 

22 (4) in section 428G(c) (20 U.S.C. 1078–7(c))— 

23 (A) in paragraph (1), by striking ‘‘section 

24 428(a)(2)(A)(i)(III)’’ and inserting ‘‘section 

25 428(a)(2)(A)(i)(II)’’; and 
26 

† HR 1777 EAS 

1 (B) by striking paragraph (3) and inserting 

2 the following: 

3 ‘‘(3) notwithstanding subsection (a)(2), may, 

4 with the permission of the borrower, be disbursed by 

5 the lender on a weekly or monthly basis, provided 

6 that the proceeds of the loan are disbursed by the 

7 lender in substantially equal weekly or monthly in8 stallments, as the case may be, over the period of en9 rollment for which the loan is made.’’; 

10 (5) in section 428H (20 U.S.C. 1078–8)— 

11 (A) in subsection (d), by amending the text 

12 of the header of paragraph (2) to read as follows: 

13 ‘‘LIMITS FOR GRADUATE, PROFESSIONAL, AND

14 INDEPENDENT POSTBACCALAUREATE STUDENTS’’; 

15 and 

16 (B) in subsection (e), by amending para17 graph (6) to read as follows: 

18 ‘‘(6) REPAYMENT PERIOD.—For purposes of cal19 culating the repayment period under section 

20 428(b)(9), such period shall commence at the time the 

21 first payment of principal is due from the borrower.’’; 

22 (6) in section 428J (20 U.S.C. 1078–10)— 

23 (A) in subsection (c)(1), by adding at the 

24 end the following: ‘‘No borrower may receive a 
27 

† HR 1777 EAS 

1 reduction of loan obligations under both this sec2 tion and section 460.’’; and 

3 (B) in subsection (g)(2)— 

4 (i) in subparagraph (B), by inserting 

5 ‘‘or’’ after the semicolon at the end; 

6 (ii) by striking subparagraph (C); 

7 (iii) by redesignating subparagraph 

8 (D) as subparagraph (C); and 

9 (iv) in subparagraph (C), as redesig10 nated by clause (iii), by striking ‘‘12571’’ 

11 and inserting ‘‘12601’’; 

12 (7) in section 428K(g)(9)(B) (20 U.S.C. 1078– 

13 11(g)(9)(B)), by striking ‘‘under subsection (ll)(3) of 

14 such section (42 U.S.C. 1395x(ll)(3))’’ and inserting 

15 ‘‘under subsection (ll)(4) of such section (42 U.S.C. 

16 1395x(ll)(4))’’; 

17 (8) in section 430A(f) (20 U.S.C. 1080a(f))— 

18 (A) by striking ‘‘and (6)’’ and inserting 

19 ‘‘and (5)’’; and 

20 (B) by striking ‘‘(a)(6)’’ and inserting 

21 ‘‘(a)(5)’’; 

22 (9) in section 432 (20 U.S.C. 1082)— 

23 (A) in subsection (b), by striking ‘‘section 

24 1078 of this title’’ and inserting ‘‘section 428’’; 

25 and 
28 

† HR 1777 EAS 

1 (B) in subsection (m)(1)(B)— 

2 (i) in clause (i), by inserting ‘‘and’’ 

3 after the semicolon at the end; and 

4 (ii) in clause (ii), by striking ‘‘; and’’ 

5 and inserting a period; 

6 (10) in section 435 (20 U.S.C. 1085)— 

7 (A) in subsection (a)(2)(C)(ii), by striking 

8 ‘‘a tribally controlled community college within 

9 the meaning of section 2(a)(4) of the Tribally 

10 Controlled Community College Assistance Act of 

11 1978’’ and inserting ‘‘a tribally controlled college 

12 or university, as defined in section 2(a)(4) of the 

13 Tribally Controlled Colleges and Universities As14 sistance Act of 1978’’; 

15 (B) in subsection (d)— 

16 (i) in paragraph (1)— 

17 (I) in subparagraph (A)(ii)(III), 

18 by striking ‘‘section 501(1) of such 

19 Code’’ and inserting ‘‘section 501(a) of 

20 such Code’’; and 

21 (II) in subparagraph (G), by 

22 striking ‘‘sections 428A(d), 428B(d), 

23 and 428C,’’ and inserting ‘‘sections 

24 428B(d) and 428C,’’; 
29 

† HR 1777 EAS 

1 (ii) in paragraph (2)(A)(vi), by strik2 ing ‘‘section 435(m)’’ and inserting ‘‘sub3 section (m)’’; 

4 (iii) in paragraph (3), by striking 

5 ‘‘section 435(m)’’ and inserting ‘‘subsection 

6 (m)’’; and 

7 (iv) in paragraph (5)(A), by striking 

8 ‘‘to any institution of higher education or 

9 any employee of an institution of higher 

10 education in order to secure applicants for 

11 loans under this part’’ and inserting ‘‘to 

12 any institution of higher education, any 

13 employee of an institution of higher edu14 cation, or any individual or entity in order 

15 to secure applicants for loans under this 

16 part’’; 

17 (C) in subsection (o)(1)(A)(ii), by striking 

18 ‘‘Service’’ and inserting ‘‘Services’’; and 

19 (D) in subsection (p)(1), by striking ‘‘sec20 tion 771’’ and inserting ‘‘section 781’’; and 

21 (11) in section 438(b)(2) (20 U.S.C. 1087– 

22 1(b)(2))— 

23 (A) in the second sentence of subparagraph 

24 (A), by striking ‘‘427A(f)’’ and inserting 

25 ‘‘427A(i)’’; 
30 

† HR 1777 EAS 

1 (B) in the first sentence of subparagraph 

2 (B)(i), by striking ‘‘1954’’ and inserting ‘‘1986’’; 

3 and 

4 (C) in the second sentence of subparagraph 

5 (F), by striking ‘‘427A(f)’’ and inserting 

6 ‘‘427A(i)’’. 

7 SEC. 403. FEDERAL WORK-STUDY PROGRAMS. 

8 Section 443 (42 U.S.C. 2753) is amended— 

9 (1) in subsection (b)(2), by striking ‘‘section 

10 443’’ and inserting ‘‘this section’’; 

11 (2) in subsection (d)(1), by striking ‘‘subsection 

12 (b)(2)(B)’’ and inserting ‘‘subsection (b)(2)(A)’’; and 

13 (3) in subsection (e)(1), in the matter preceding 

14 subparagraph (A), by striking ‘‘in accordance with 

15 such subsection’’. 

16 SEC. 404. FEDERAL DIRECT LOAN PROGRAM. 

17 (a) TEMPORARY AUTHORITY TO PURCHASE LOANS.— 

18 Section 459A (20 U.S.C. 1087i–1) is amended— 

19 (1) in subsection (a)— 

20 (A) in paragraph (2), in the matter pre21 ceding subparagraph (A), by striking ‘‘purchase 

22 of loans under this section’’ and inserting ‘‘pur23 chase of loans under paragraph (1)’’; and 

24 (B) by inserting after paragraph (2) the fol25 lowing new paragraph: 
31 

† HR 1777 EAS 

1 ‘‘(3) TEMPORARY AUTHORITY TO PURCHASE RE2 HABILITATED LOANS.— 

3 ‘‘(A) AUTHORITY.—In addition to the au4 thority described in paragraph (1), the Sec5 retary, in consultation with the Secretary of the 

6 Treasury, is authorized to purchase, or enter into 

7 forward commitments to purchase, from any eli8 gible lender (as defined in section 435(d)(1)), 

9 loans that such lender purchased under section 

10 428F on or after October 1, 2003, and before 

11 July 1, 2010, and that are not in default, on 

12 such terms as the Secretary, the Secretary of the 

13 Treasury, and the Director of the Office of Man14 agement and Budget jointly determine are in the 

15 best interest of the United States, except that any 

16 purchase under this paragraph shall not result 

17 in any net cost to the Federal Government (in18 cluding the cost of servicing the loans pur19 chased), as determined jointly by the Secretary, 

20 the Secretary of the Treasury, and the Director 

21 of the Office of Management and Budget. 

22 ‘‘(B) FEDERAL REGISTER NOTICE.—The 

23 Secretary, the Secretary of the Treasury, and the 

24 Director of the Office of Management and Budget 

25 shall jointly publish a notice in the Federal Reg-
32 

† HR 1777 EAS 

1 ister prior to any purchase of loans under this 

2 paragraph that— 

3 ‘‘(i) establishes the terms and condi4 tions governing the purchases authorized by 

5 this paragraph; 

6 ‘‘(ii) includes an outline of the method7 ology and factors that the Secretary, the 

8 Secretary of the Treasury, and the Director 

9 of the Office of Management and Budget 

10 will jointly consider in evaluating the price 

11 at which to purchase loans rehabilitated 

12 pursuant to section 428F(a); and 

13 ‘‘(iii) describes how the use of such 

14 methodology and consideration of such fac15 tors used to determine purchase price will 

16 ensure that loan purchases do not result in 

17 any net cost to the Federal Government (in18 cluding the cost of servicing the loans pur19 chased).’’; and 

20 (2) by amending subsection (b) to read as fol21 lows: 

22 ‘‘(b) PROCEEDS.—The Secretary shall require, as a 

23 condition of any purchase under subsection (a), that the 

24 funds paid by the Secretary to any eligible lender under 

25 this section be used— 
33 

† HR 1777 EAS 

1 ‘‘(1) to ensure continued participation of such 

2 lender in the Federal student loan programs author3 ized under part B of this title; and 

4 ‘‘(2)(A) in the case of loans purchased pursuant 

5 to subsection (a)(1), to originate new Federal loans to 

6 students, as authorized under part B of this title; or 

7 ‘‘(B) in the case of loans purchased pursuant to 

8 subsection (a)(3), to originate such new Federal loans 

9 to students, or to purchase loans in accordance with 

10 section 428F(a).’’. 

11 (b) OTHER AMENDMENTS.—Part D of title IV (20 

12 U.S.C. 1087a et seq.) is amended— 

13 (1) by repealing paragraph (3) of section 453(c) 

14 (20 U.S.C. 1087c(c)); 

15 (2) in section 455 (20 U.S.C. 1087e)— 

16 (A) in subsection (d)(1)(C), by striking 

17 ‘‘428(b)(9)(A)(v)’’ and inserting 

18 ‘‘428(b)(9)(A)(iv)’’; 

19 (B) in subsection (h), by striking ‘‘(except 

20 as authorized under section 457(a)(1))’’; and 

21 (C) in subsection (k)(1)(B), by striking ‘‘, 

22 or in a notice under section 457(a)(1),’’; 

23 (3) by repealing section 457 (20 U.S.C. 1087g); 

24 and 

25 (4) in section 460 (20 U.S.C. 1087j)— 
34 

† HR 1777 EAS 

1 (A) in subsection (c)(1), by adding at the 

2 end the following: ‘‘No borrower may receive a 

3 reduction of loan obligations under both this sec4 tion and section 428J.’’; and 

5 (B) in subsection (g)(2)— 

6 (i) by striking subparagraph (A); 

7 (ii) by redesignating subparagraphs 

8 (B) through (D) as subparagraphs (A) 

9 through (C), respectively; and 

10 (iii) in subparagraph (C), as redesig11 nated by clause (ii), by striking ‘‘12571’’ 

12 and inserting ‘‘12601’’. 

13 SEC. 405. FEDERAL PERKINS LOANS. 

14 Part E of title IV (20 U.S.C. 1087aa et seq.) is amend15 ed— 

16 (1) in section 462(a)(1) (20 U.S.C. 

17 1087bb(a)(1)), by striking subparagraph (A) and in18 serting the following: 

19 ‘‘(A) 100 percent of the amount received under 

20 subsections (a) and (b) of this section for fiscal year 

21 1999 (as such subsections were in effect with respect 

22 to allocations for such fiscal year), multiplied by’’; 

23 (2) in section 463(c) (20 U.S.C. 1087cc(c))— 

24 (A) in paragraph (2)— 
35 

† HR 1777 EAS 

1 (i) by moving the margins of subpara2 graph (A) 2 ems to the left; and 

3 (ii) by striking subparagraph (B) and 

4 inserting the following: 

5 ‘‘(B) information concerning the repayment and 

6 collection of any such loan, including information 

7 concerning the status of such loan; and’’; and 

8 (B) in paragraph (3)— 

9 (i) by striking ‘‘and (6)’’ and inserting 

10 ‘‘and (5)’’; and 

11 (ii) by striking ‘‘(a)(6)’’ and inserting 

12 ‘‘(a)(5)’’; 

13 (3) in the first sentence of the matter preceding 

14 paragraph (1) of section 463A(a) (20 U.S.C. 1087cc– 

15 1(a)), by striking ‘‘, in order to carry out the provi16 sions of section 463(a)(8),’’; 

17 (4) in section 464 (20 U.S.C. 1087dd)— 

18 (A) in subsection (c)— 

19 (i) in paragraph (1)(D)— 

20 (I) by striking ‘‘(I)’’ and inserting 

21 ‘‘(i)’’; and 

22 (II) by striking ‘‘(II)’’ and insert23 ing ‘‘(ii)’’; and 

24 (ii) in paragraph (2)(A)(iii)— 
36 

† HR 1777 EAS 

1 (I) by aligning the margin of the 

2 matter preceding subclause (I) with the 

3 margins of clause (ii); 

4 (II) by aligning the margins of 

5 subclauses (I) and (II) with the mar6 gins of clause (i)(I); and 

7 (III) by aligning the margins of 

8 the matter following subclause (II) 

9 with the margins of the matter fol10 lowing subclause (II) of clause (i); and 

11 (B) in subsection (g)(5), by striking ‘‘credit 

12 bureaus’’ and inserting ‘‘consumer reporting 

13 agencies’’; 

14 (5) in section 465(a)(6) (20 U.S.C. 

15 1087ee(a)(6)), by striking ‘‘12571’’ and inserting 

16 ‘‘12601’’; 

17 (6) in section 467(b) (20 U.S.C. 1087gg(b)), by 

18 striking ‘‘paragraph (5)(A), (5)(B)(i), or (6)’’ and in19 serting ‘‘paragraph (4) or (5)’’; and 

20 (7) in section 469(c) (20 U.S.C. 1087ii(c)), by 

21 striking ‘‘and the term’’ and all that follows through 

22 the period at the end and inserting ‘‘and the term 

23 ‘early intervention services’ has the meaning given the 

24 term in section 632 of such Act.’’. 
37 

† HR 1777 EAS 

1 SEC. 406. NEED ANALYSIS. 

2 (a) AMENDMENTS.—Part F of title IV (20 U.S.C. 

3 1087kk et seq.) is amended— 

4 (1) in section 473 (20 U.S.C. 1087mm)— 

5 (A) by striking ‘‘For the purpose of this 

6 title, except subpart 2 of part A,’’ and inserting 

7 ‘‘(a) IN GENERAL.—For the purpose of this title, 

8 other than subpart 2 of part A, and except as 

9 provided in subsection (b),’’; and 

10 (B) by adding at the end the following: 

11 ‘‘(b) SPECIAL RULE.— 

12 ‘‘(1) IN GENERAL.—Notwithstanding any other 

13 provision of this title, the family contribution of each 

14 student described in paragraph (2) shall be deemed to 

15 be zero for the academic year for which the deter16 mination is made. 

17 ‘‘(2) APPLICABILITY.—Paragraph (1) shall apply 

18 to any dependent or independent student with respect 

19 to determinations of need for academic year 2009– 

20 2010 and succeeding academic years— 

21 ‘‘(A) who is eligible to receive a Federal Pell 

22 Grant for the academic year for which the deter23 mination is made; 

24 ‘‘(B) whose parent or guardian was a mem25 ber of the Armed Forces of the United States and 

26 died as a result of performing military service in 
38 

† HR 1777 EAS 

1 Iraq or Afghanistan after September 11, 2001; 

2 and 

3 ‘‘(C) who, at the time of the parent or 

4 guardian’s death, was— 

5 ‘‘(i) less than 24 years of age; or 

6 ‘‘(ii) enrolled at an institution of high7 er education on a part-time or full-time 

8 basis. 

9 ‘‘(3) INFORMATION.—Notwithstanding any other 

10 provision of law, the Secretary of Veterans Affairs 

11 and the Secretary of Defense, as appropriate, shall 

12 provide the Secretary of Education with information 

13 necessary to determine which students meet the re14 quirements of paragraph (2).’’; 

15 (2) in section 475(c)(5)(B) (20 U.S.C. 

16 1087oo(c)(5)(B)), by inserting ‘‘of 1986’’ after 

17 ‘‘Code’’; 

18 (3) in section 477(b)(5)(B) (20 U.S.C. 

19 1087qq(b)(5)(B)), by inserting ‘‘of 1986’’ after 

20 ‘‘Code’’; 

21 (4) in section 479 (20 U.S.C. 1087ss)— 

22 (A) in subsection (b) (as amended by sec23 tion 602 of the College Cost Reduction and Ac24 cess Act (Public Law 110–84))— 
39 

† HR 1777 EAS 

1 (i) in paragraph (1)(A)(i), by amend2 ing subclause (III) to read as follows: 

3 ‘‘(III) include at least one parent 

4 who is a dislocated worker; or’’; and 

5 (ii) in paragraph (1)(B)(i), by amend6 ing subclause (III) to read as follows: 

7 ‘‘(III) is a dislocated worker or 

8 has a spouse who is a dislocated work9 er; or’’; and 

10 (B) in subsection (c) (as amended by such 

11 section 602)— 

12 (i) in paragraph (1)(A), by amending 

13 clause (iii) to read as follows: 

14 ‘‘(iii) include at least one parent who 

15 is a dislocated worker; or’’; and 

16 (ii) in paragraph (2)(A), by amending 

17 clause (iii) to read as follows: 

18 ‘‘(iii) is a dislocated worker or has a 

19 spouse who is a dislocated worker; or’’; 

20 (5) in section 479C (20 U.S.C. 1087uu–1)— 

21 (A) in paragraph (1), by striking ‘‘under’’ 

22 and all that follows through ‘‘; and’’ and insert23 ing ‘‘under Public Law 98–64 (25 U.S.C. 117a 

24 et seq.; 97 Stat. 365) (commonly known as the 

25 ‘Per Capita Act’) or the Indian Tribal Judgment 
40 

† HR 1777 EAS 

1 Funds Use or Distribution Act (25 U.S.C. 1401 

2 et seq.); and’’; and 

3 (B) in paragraph (2)— 

4 (i) by striking ‘‘Alaskan’’ and insert5 ing ‘‘Alaska’’; 

6 (ii) by inserting ‘‘(43 U.S.C. 1601 et 

7 seq.)’’ before ‘‘or the’’; and 

8 (iii) by inserting ‘‘of 1980 (25 U.S.C. 

9 1721 et seq.)’’ after ‘‘Maine Indian Claims 

10 Settlement Act’’; 

11 (6) in section 480(a)(2) (20 U.S.C. 

12 1087vv(a)(2)), by striking ‘‘12571’’ and inserting 

13 ‘‘12511’’; 

14 (7) in section 480(c)(2) (20 U.S.C. 

15 1087vv(c)(2))— 

16 (A) in the matter preceding subparagraph 

17 (A), by striking ‘‘the following’’ and inserting 

18 ‘‘benefits under the following provisions of law’’; 

19 and 

20 (B) by striking subparagraphs (A) through 

21 (J) and inserting the following: 

22 ‘‘(A) Chapter 103 of title 10, United States Code 

23 (Senior Reserve Officers’ Training Corps). 
41 

† HR 1777 EAS 

1 ‘‘(B) Chapter 106A of title 10, United States 

2 Code (Educational Assistance for Persons Enlisting 

3 for Active Duty). 

4 ‘‘(C) Chapter 1606 of title 10, United States 

5 Code (Selected Reserve Educational Assistance Pro6 gram). 

7 ‘‘(D) Chapter 1607 of title 10, United States 

8 Code (Educational Assistance Program for Reserve 

9 Component Members Supporting Contingency Oper10 ations and Certain Other Operations). 

11 ‘‘(E) Chapter 30 of title 38, United States Code 

12 (All-Volunteer Force Educational Assistance Program, 

13 also known as the ‘Montgomery GI Bill—active 

14 duty’). 

15 ‘‘(F) Chapter 31 of title 38, United States Code 

16 (Training and Rehabilitation for Veterans with Serv17 ice-Connected Disabilities). 

18 ‘‘(G) Chapter 32 of title 38, United States Code 

19 (Post-Vietnam Era Veterans’ Educational Assistance 

20 Program). 

21 ‘‘(H) Chapter 33 of title 38, United States Code 

22 (Post-9/11 Educational Assistance). 

23 ‘‘(I) Chapter 35 of title 38, United States Code 

24 (Survivors’ and Dependents’ Educational Assistance 

25 Program). 
42 

† HR 1777 EAS 

1 ‘‘(J) Section 903 of the Department of Defense 

2 Authorization Act, 1981 (10 U.S.C. 2141 note) (Edu3 cational Assistance Pilot Program). 

4 ‘‘(K) Section 156(b) of the ‘Joint Resolution 

5 making further continuing appropriations and pro6 viding for productive employment for the fiscal year 

7 1983, and for other purposes’ (42 U.S.C. 402 note) 

8 (Restored Entitlement Program for Survivors, also 

9 known as ‘Quayle benefits’). 

10 ‘‘(L) The provisions of chapter 3 of title 37, 

11 United States Code, related to subsistence allowances 

12 for members of the Reserve Officers Training Corps.’’; 

13 and 

14 (8) in section 480(j)(1) (20 U.S.C. 1087vv(j)(1)), 

15 by striking ‘‘12571’’ and inserting ‘‘12511’’. 

16 (b) EFFECTIVE DATE.—The amendments made by— 

17 (1) paragraph (1) of subsection (a) shall take ef18 fect on July 1, 2009; and 

19 (2) paragraph (4) of such subsection shall be ef20 fective as if enacted as part of the amendments in sec21 tion 602(a) of the College Cost Reduction and Access 

22 Act (Public Law 110–84), and shall take effect on 

23 July 1, 2009. 

24 (c) HIGHER EDUCATION OPPORTUNITY ACT.—Section 

25 473(f) of the Higher Education Opportunity Act (Public 
43 

† HR 1777 EAS 

1 Law 110–315) is amended by inserting ‘‘, except that the 

2 amendments made in subsection (e) shall take effect on July 

3 1, 2009’’ before the period at the end. 

4 SEC. 407. GENERAL PROVISIONS OF TITLE IV. 

5 (a) DELAYED IMPLEMENTATION OF EZ FAFSA.—Not6 withstanding any other provision of law, the Secretary of 

7 Education shall be required to carry out the requirements 

8 under the following provisions of section 483 of the Higher 

9 Education Act of 1965 (20 U.S.C. 1090) only for academic 

10 year 2010–2011 and subsequent academic years: 

11 (1) In subsection (a) of such section— 

12 (A) subparagraphs (A)(i) and (B) of para13 graph (2); 

14 (B) in paragraph (3)— 

15 (i) the second sentence of subparagraph 

16 (A); 

17 (ii) clauses (i) and (ii) of subpara18 graph (B); and 

19 (iii) subparagraph (C); 

20 (C) paragraph (4)(A)(iv); and 

21 (D) paragraph (5)(E). 

22 (2) Subsection (h) of such section. 

23 (b) OTHER AMENDMENTS.—Part G of title IV (20 

24 U.S.C. 1088 et seq.) is amended— 
44 

† HR 1777 EAS 

1 (1) in the matter preceding paragraph (1) of sec2 tion 481(c) (20 U.S.C. 1088(c)), by striking ‘‘or any 

3 State, or private, profit or nonprofit organization’’ 

4 and inserting ‘‘any State, or any private, for-profit 

5 or nonprofit organization,’’; 

6 (2) in section 482(b) (20 U.S.C. 1089(b)), by 

7 striking ‘‘413D(e), 442(e), or 462(j)’’ and inserting 

8 ‘‘413D(d), 442(d), or 462(i)’’; 

9 (3) in section 483 (20 U.S.C. 1090)— 

10 (A) in subsection (a)(3)(C), by inserting 

11 ‘‘that’’ after ‘‘except’’; and 

12 (B) in subsection (e)(8)(A), by striking 

13 ‘‘identify’’ and inserting ‘‘determine’’; 

14 (4) in section 484 (20 U.S.C. 1091)— 

15 (A) in the matter preceding subparagraph 

16 (A) of subsection (a)(4), by striking ‘‘certifi17 cation,,’’ and inserting ‘‘certification,’’; 

18 (B) in subsection (b)(1)(B)— 

19 (i) by striking ‘‘have (A)’’ and insert20 ing ‘‘have (i)’’; and 

21 (ii) by striking ‘‘and (B)’’ and insert22 ing ‘‘and (ii)’’; 

23 (C) in subsection (f)(1), by striking ‘‘part 

24 B’’ and all that follows through ‘‘part E’’ in 
45 

† HR 1777 EAS 

1 each place that the phrase occurs and inserting 

2 ‘‘part B, part D, or part E’’; 

3 (D) in subsection (h)— 

4 (i) in paragraph (2), by striking 

5 ‘‘(h)(4)(A)(i)’’ and inserting ‘‘(g)(4)(A)(i)’’; 

6 and 

7 (ii) in paragraph (3), by striking 

8 ‘‘(h)(4)(B)(i)’’ and inserting ‘‘(g)(4)(B)(i)’’; 

9 and 

10 (E) in subsection (n), by striking ‘‘section 

11 1113 of Public Law 97–252’’ and inserting ‘‘sec12 tion 12(f) of the Military Selective Service Act 

13 (50 U.S.C. App. 462(f))’’; 

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

15 (A) in subsection (a)— 

16 (i) in paragraph (1)— 

17 (I) the matter preceding subpara18 graph (A), by striking ‘‘also referred to 

19 as the Family Educational Rights and 

20 Privacy Act of 1974’’ and inserting 

21 ‘‘commonly known as the ‘Family 

22 Educational Rights and Privacy Act of 

23 1974’ ’’; and 
46 

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1 (II) in subparagraph (I), by strik2 ing ‘‘handicapped students’’ and in3 serting ‘‘students with disabilities’’; 

4 (ii) in paragraph (4)(B), by inserting 

5 ‘‘during which’’ after ‘‘time period’’; and 

6 (iii) in the matter preceding subclause 

7 (I) of paragraph (7)(B)(iv), by inserting 

8 ‘‘education’’ after ‘‘higher’’; 

9 (B) in subsection (e)(3)(B), by inserting 

10 ‘‘during which’’ after ‘‘time period’’; 

11 (C) in subsection (f)— 

12 (i) in the matter preceding subpara13 graph (A) of paragraph (1), by inserting 

14 ‘‘of’’ after ‘‘foreign institution’’; and 

15 (ii) in paragraphs (3), (4)(A), (5), and 

16 (8)(A), by striking ‘‘under this title’’ each 

17 place it appears and inserting ‘‘under this 

18 title, other than a foreign institution of 

19 higher education,’’; 

20 (D) in subsection (g)(2), by striking ‘‘sub21 paragraph (G)’’ and inserting ‘‘paragraph 

22 (1)(G)’’; 

23 (E) in subsection (i)— 

24 (i) in paragraph (2), by striking ‘‘eli25 gible institution participating in any pro-
47 

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1 gram under this title’’ and inserting ‘‘insti2 tution described in paragraph (1)’’; 

3 (ii) in paragraph (3), in the matter 

4 preceding subparagraph (A), by striking 

5 ‘‘eligible institution participating in any 

6 program under this title’’ and inserting 

7 ‘‘institution described in paragraph (1)’’; 

8 and 

9 (iii) in paragraph (5)(B), by striking 

10 ‘‘the Family Educational Rights and Pri11 vacy Act of 1974’’ and inserting ‘‘commonly 

12 known as the ‘Family Educational Rights 

13 and Privacy Act of 1974’ ’’; 

14 (F) in subsection (k)(2), by inserting ‘‘sec15 tion’’ before ‘‘484(r)(1)’’; and 

16 (G) in the matter preceding clause (i) of 

17 subsection (l)(1)(A), by striking ‘‘subparagraph 

18 (B)’’ and inserting ‘‘paragraph (2)’’; 

19 (6) in section 485A (20 U.S.C. 1092a)— 

20 (A) in subsection (a)— 

21 (i) by striking ‘‘or defined in subpart 

22 I of part C of title VII of the Public Health 

23 Service Act’’ and inserting ‘‘or an eligible 

24 lender as defined in section 719 of the Pub-
48 

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1 lic Health Service Act (42 U.S.C. 292o)’’; 

2 and 

3 (ii) by striking ‘‘under subpart I of 

4 part C of title VII of the Public Health 

5 Service Act (known as Health Education 

6 Assistance Loans)’’ and inserting ‘‘under 

7 part A of title VII of the Public Health 

8 Service Act (42 U.S.C. 292 et seq.)’’; 

9 (B) in subsection (b), by striking ‘‘subpart 

10 I of part C of title VII of the Public Health 

11 Service Act’’ and inserting ‘‘part A of title VII 

12 of the Public Health Service Act (42 U.S.C. 292 

13 et seq.)’’; 

14 (C) in subsection (e)— 

15 (i) by striking ‘‘Health Education As16 sistance Loan’’ and inserting ‘‘loan under 

17 part A of title VII of the Public Health 

18 Service Act (42 U.S.C. 292 et seq.)’’; and 

19 (ii) in paragraph (2), by striking 

20 ‘‘733(e)(3)’’ and inserting ‘‘707(e)(3)’’; and 

21 (D) in subsection (f)— 

22 (i) in paragraph (1)— 

23 (I) in the second sentence, by 

24 striking ‘‘subpart I of part C of title 

25 VII of the Public Health Service Act’’ 
49 

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1 and inserting ‘‘part A of title VII of 

2 the Public Health Service Act (42 

3 U.S.C. 292 et seq.)’’; and 

4 (II) in the fourth sentence, by 

5 striking ‘‘728(a)’’ and inserting ‘‘710’’; 

6 and 

7 (ii) in paragraph (2), by striking 

8 ‘‘subpart I of part C of title VII of the Pub9 lic Health Service Act’’ and inserting ‘‘part 

10 A of title VII of the Public Health Service 

11 Act (42 U.S.C. 292 et seq.)’’; 

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

13 (A) in subsection (a)(5), by striking ‘‘))’’ 

14 and inserting ‘‘)’’; and 

15 (B) in subsection (d)(3)(D), by striking ‘‘the 

16 Family Educational Rights and Privacy Act of 

17 1974’’ and inserting ‘‘commonly known as the 

18 ‘Family Educational Rights and Privacy Act of 

19 1974’ ’’; 

20 (8) in section 487 (20 U.S.C. 1094)— 

21 (A) in subsection (a)(23)(A), by inserting 

22 ‘‘of 1993’’ after ‘‘Registration Act’’; 

23 (B) in subsection (c)(1)— 
50 

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1 (i) in subparagraph (A)(i), by striking 

2 ‘‘students receives’’ and inserting ‘‘students 

3 receive’’; 

4 (ii) in subparagraph (F), by striking 

5 ‘‘paragraph (2)(B)’’ and inserting ‘‘para6 graph (3)(B)’’; and 

7 (iii) in subparagraph (H), by striking 

8 ‘‘paragraph (2)(B)’’ and inserting ‘‘para9 graph (3)(B)’’; 

10 (C) in subsection (f)(1), by striking 

11 ‘‘496(c)(4)’’ and inserting ‘‘496(c)(3)’’; and 

12 (D) in subsection (g)(1), by striking ‘‘sub13 section (f)(2)’’ and inserting ‘‘subsection (e)(2)’’; 

14 (9) in section 487A(b) (20 U.S.C. 1094a(b))— 

15 (A) in paragraph (1)— 

16 (i) by striking ‘‘Any activities’’ and 

17 inserting ‘‘Any experimental sites’’; and 

18 (ii) by striking ‘‘June 30, 2009’’ and 

19 inserting ‘‘June 30, 2010’’; and 

20 (B) by adding at the end the following: 

21 ‘‘(4) DETERMINATION OF SUCCESS.—For the 

22 purposes of paragraph (1), the Secretary shall make 

23 a determination of success regarding an institution’s 

24 participation as an experimental site based on— 
51 

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1 ‘‘(A) the ability of the experimental site to 

2 reduce administrative burdens to the institution, 

3 as documented in the Secretary’s biennial report 

4 under paragraph (2), without creating costs for 

5 the taxpayer; and 

6 ‘‘(B) whether the experimental site has im7 proved the delivery of services to, or otherwise 

8 benefitted, students.’’; 

9 (10) in section 489(a) (20 U.S.C. 1096(a))— 

10 (A) in the third sentence, by striking ‘‘has 

11 agreed to assign under section 463(a)(6)(B)’’ and 

12 inserting ‘‘has referred under section 

13 463(a)(4)(B)’’; and 

14 (B) in the fourth sentence, by striking 

15 ‘‘484(h)’’ and inserting ‘‘484(g)’’; 

16 (11) in section 491(l)(2)(A) (20 U.S.C. 

17 1098(l)(2)(A)), by inserting ‘‘the’’ after ‘‘enactment 

18 of’’; and 

19 (12) in section 492(a) (20 U.S.C. 1098a(a))— 

20 (A) in paragraph (1), by striking ‘‘regula21 tions’’ and all that follows through ‘‘The’’ and 

22 inserting ‘‘regulations for this title. The’’; and 

23 (B) in paragraph (2), by striking ‘‘ISSUES’’ 

24 and all that follows through ‘‘provide’’ and in25 serting ‘‘ISSUES.—The Secretary shall provide’’. 
52 

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1 SEC. 408. PROGRAM INTEGRITY. 

2 Part H of title IV (20 U.S.C. 1099a et seq.) is amend3 ed— 

4 (1) in section 496(a)(6)(G) (20 U.S.C. 

5 1099b(a)(6)(G)), by striking the period at the end 

6 and inserting a semicolon; and 

7 (2) in section 498(c)(2) (20 U.S.C. 1099c(c)(2)), 

8 by striking ‘‘for profit’’ and inserting ‘‘for-profit’’. 

9 SEC. 409. WAIVER OF MASTER CALENDAR AND NEGOTIATED 

10 RULEMAKING REQUIREMENTS. 

11 Sections 482 and 492 of the Higher Education Act of 

12 1965 (20 U.S.C. 1089, 1098a) shall not apply to the amend13 ments made by this title, or to any regulations promulgated 

14 under those amendments. 

15 TITLE V—DEVELOPING 

16 INSTITUTIONS 

17 SEC. 501. DEVELOPING INSTITUTIONS. 

18 Section 502(b)(2) (20 U.S.C. 1101a(b)(2)) is amended 

19 by striking ‘‘which determination’’ and inserting ‘‘which 

20 the determination’’. 

21 TITLE VI—INTERNATIONAL 

22 EDUCATION PROGRAMS 

23 SEC. 601. INTERNATIONAL EDUCATION PROGRAMS. 

24 (a) HIGHER EDUCATION ACT OF 1965.—Title VI (20 

25 U.S.C. 1121 et seq.) is amended— 

26 (1) in section 604(a) (20 U.S.C. 1124(a))— 
53 

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1 (A) in the matter preceding subparagraph 

2 (A) of paragraph (2), by inserting ‘‘the’’ before 

3 ‘‘Federal’’; and 

4 (B) in paragraph (7)(D), by striking ‘‘insti5 tution, combination’’ and inserting ‘‘applicant, 

6 consortium,’’; and 

7 (2) in section 622(a) (20 U.S.C. 1131–1(a)), by 

8 inserting a period after ‘‘title’’. 

9 (b) HIGHER EDUCATION OPPORTUNITY ACT.—The 

10 matter preceding paragraph (1) of section 621 of the Higher 

11 Education Opportunity Act (Public Law 110–315) is 

12 amended by striking ‘‘Section 631 (20 U.S.C. 1132)’’ and 

13 inserting ‘‘Section 631(a) (20 U.S.C. 1132(a))’’. 

14 TITLE VII—GRADUATE AND 

15 POSTSECONDARY IMPROVE16 MENT 

17 SEC. 701. GRADUATE AND POSTSECONDARY IMPROVEMENT 

18 PROGRAMS. 

19 Title VII (20 U.S.C. 1133 et seq.) is amended— 

20 (1) in the matter preceding paragraph (1) of sec21 tion 721(d) (20 U.S.C. 1136(d)), by striking ‘‘services 

22 through’’ and all that follows through ‘‘resource cen23 ters’’ and inserting ‘‘services through pre-college pro24 grams, undergraduate prelaw information resource 

25 centers’’; 
54 

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1 (2) in section 723(b)(1)(P) (20 U.S.C. 

2 1136a(b)(1)(P)), by striking ‘‘Sate’’ and inserting 

3 ‘‘State’’; 

4 (3) in section 744(c)(6)(C) (20 U.S.C. 

5 1138c(c)(6)(C)), by inserting ‘‘of the National Acad6 emies’’ after ‘‘Institute of Medicine’’; 

7 (4) in section 760 (20 U.S.C. 1140), by striking 

8 paragraph (1) and inserting the following: 

9 ‘‘(1) COMPREHENSIVE TRANSITION AND POST10 SECONDARY PROGRAM FOR STUDENTS WITH INTEL11 LECTUAL DISABILITIES.—The term ‘comprehensive 

12 transition and postsecondary program for students 

13 with intellectual disabilities’ means a degree, certifi14 cate, or nondegree program that meets each of the fol15 lowing: 

16 ‘‘(A) Is offered by an institution of higher 

17 education. 

18 ‘‘(B) Is designed to support students with 

19 intellectual disabilities who are seeking to con20 tinue academic, career and technical, and inde21 pendent living instruction at an institution of 

22 higher education in order to prepare for gainful 

23 employment. 

24 ‘‘(C) Includes an advising and curriculum 

25 structure. 
55 

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1 ‘‘(D) Requires students with intellectual dis2 abilities to participate on not less than a half3 time basis as determined by the institution, with 

4 such participation focusing on academic compo5 nents, and occurring through 1 or more of the 

6 following activities: 

7 ‘‘(i) Regular enrollment in credit-bear8 ing courses with nondisabled students of9 fered by the institution. 

10 ‘‘(ii) Auditing or participating in 

11 courses with nondisabled students offered by 

12 the institution for which the student does 

13 not receive regular academic credit. 

14 ‘‘(iii) Enrollment in noncredit-bearing, 

15 nondegree courses with nondisabled stu16 dents. 

17 ‘‘(iv) Participation in internships or 

18 work-based training in settings with non19 disabled individuals. 

20 ‘‘(E) Requires students with intellectual dis21 abilities to be socially and academically inte22 grated with non-disabled students to the max23 imum extent possible.’’; 

24 (5) in section 772 (20 U.S.C. 1140l)— 
56 

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1 (A) in subsection (a)(2)(A), by striking 

2 ‘‘with in’’ and inserting ‘‘with’’; and 

3 (B) in the matter preceding subclause (I) of 

4 subsection (b)(1)(C)(ii), by striking ‘‘subpara5 graph (C)’’ and inserting ‘‘clause (i)’’; 

6 (6) in section 781 (20 U.S.C. 1141)— 

7 (A) in subsection (c)(1), by striking ‘‘Serv8 ice’’ each place the term appears and inserting 

9 ‘‘Services’’; 

10 (B) in the matter preceding paragraph (1) 

11 of subsection (e)— 

12 (i) by striking ‘‘(as defined’’ and all 

13 that follows through ‘‘this Act)’’ and insert14 ing ‘‘(as described in section 435(p))’’; and 

15 (ii) by striking ‘‘435(j)’’ and inserting 

16 ‘‘428(b)’’; 

17 (C) in subsection (g)(2), by striking ‘‘Serv18 ice’’ and inserting ‘‘Services’’; and 

19 (D) in subsection (i)— 

20 (i) in paragraph (1)(D), by striking 

21 ‘‘consortia’’ and inserting ‘‘consortium’’; 

22 and 

23 (ii) in paragraph (2)— 
57 

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1 (I) in the paragraph heading, by 

2 striking ‘‘CONSORTIA’’ and inserting 

3 ‘‘CONSORTIUM’’; and 

4 (II) by striking ‘‘consortia’’ each 

5 place the term appears and inserting 

6 ‘‘consortium’’. 

7 TITLE VIII—ADDITIONAL 

8 PROGRAMS 

9 SEC. 801. ADDITIONAL PROGRAMS. 

10 Title VIII (20 U.S.C. 1161a et seq.) is amended— 

11 (1) in section 802(d)(2)(D) (20 U.S.C. 

12 1161b(d)(2)(D)), by striking ‘‘regulation’’ and insert13 ing ‘‘regulations’’; 

14 (2) in section 804(d) (20 U.S.C. 1161d(d))— 

15 (A) in the heading, by striking ‘‘DEFINI16 TION’’ and inserting ‘‘DEFINITIONS’’; and 

17 (B) by striking paragraph (2) and inserting 

18 the following: 

19 ‘‘(2) PUBLIC HEALTH SERVICE ACT.—The terms 

20 ‘accredited’ and ‘school of nursing’ have the meanings 

21 given those terms in section 801 of the Public Health 

22 Service Act (42 U.S.C. 296).’’; 

23 (3) in section 808(a)(1) (20 U.S.C. 1161h(a)(1)), 

24 by striking ‘‘the Family Education Rights and Pri25 vacy Act of 1974’’ and inserting ‘‘section 444 of the 
58 

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1 General Education Provisions Act (commonly known 

2 as the ‘Family Educational Rights and Privacy Act 

3 of 1974’)’’; 

4 (4) in section 819(b)(3) (20 U.S.C. 1161j(b)(3)), 

5 by inserting a period after ‘‘101(a)’’; 

6 (5) in section 820 (20 U.S.C. 1161k)— 

7 (A) in subsection (d)(5), by inserting ‘‘the’’ 

8 before ‘‘grant’’; 

9 (B) in subsection (f)(2), by striking ‘‘sub10 part’’ each place the term appears and inserting 

11 ‘‘section’’; and 

12 (C) in subsection (h), by striking ‘‘use’’ and 

13 inserting ‘‘used’’; 

14 (6) in section 821 (20 U.S.C. 1161l)— 

15 (A) in subsection (a)(1), by striking ‘‘sub16 section (g)’’ and inserting ‘‘subsection (f)’’; and 

17 (B) in subsection (c)(1)(B), by striking 

18 ‘‘within’’ and inserting ‘‘in’’; 

19 (7) in section 824(f)(3) (20 U.S.C. 1161l– 

20 3(f)(3))— 

21 (A) in subparagraph (A), by inserting ‘‘a’’ 

22 after ‘‘submitting’’; and 

23 (B) in subparagraph (C), by striking 

24 ‘‘pursing’’ and inserting ‘‘pursuing’’; 
59 

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1 (8) in section 825(a) (20 U.S.C. 1161l–4(a)), by 

2 striking ‘‘the Family Educational Rights and Privacy 

3 Act of 1974’’ and inserting ‘‘commonly known as the 

4 ‘Family Educational Rights and Privacy Act of 

5 1974’ ’’; 

6 (9) in section 826(3) (20 U.S.C. 1161l–5(3)), by 

7 striking ‘‘the Family Educational Rights and Privacy 

8 Act of 1974’’ and inserting ‘‘commonly known as the 

9 ‘Family Educational Rights and Privacy Act of 

10 1974’ ’’; 

11 (10) in section 830(a)(1)(B) (20 U.S.C. 

12 1161m(a)(1)(B)), by striking ‘‘of for’’ and inserting 

13 ‘‘of’’; 

14 (11) in section 833(e)(1) (20 U.S.C. 1161n– 

15 2(e)(1))— 

16 (A) in the matter preceding subparagraph 

17 (A), by striking ‘‘because of’’ and inserting 

18 ‘‘based on’’; and 

19 (B) in subparagraph (D), by striking ‘‘pur20 poses of this section’’ and inserting ‘‘purpose of 

21 this part’’; 

22 (12) in section 841(c)(1) (20 U.S.C. 

23 1161o(c)(1)), by striking ‘‘486A(d)’’ and inserting 

24 ‘‘486A(b)(1)’’; 
60 

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1 (13) in section 851(j) (20 U.S.C. 1161p(j)), by 

2 inserting ‘‘to be appropriated’’ after ‘‘authorized’’; 

3 and 

4 (14) in section 894(b)(2) (20 U.S.C. 

5 1161y(b)(2)), by striking ‘‘the Family Educational 

6 Rights and Privacy Act of 1974’’ and inserting ‘‘com7 monly known as the ‘Family Educational Rights and 

8 Privacy Act of 1974’ ’’. 

9 SEC. 802. AMENDMENTS TO OTHER HIGHER EDUCATION 

10 ACTS. 

11 (a) HIGHER EDUCATION AMENDMENTS OF 1998.— 

12 (1) INCARCERATED INDIVIDUALS.—Section 

13 821(h) of the Higher Education Amendments of 1998 

14 (20 U.S.C. 1151(h)) is amended to read as follows: 

15 ‘‘(h) ALLOCATION OF FUNDS.— 

16 ‘‘(1) FISCAL YEAR 2009.—From the funds appro17 priated pursuant to subsection (i) for fiscal year 

18 2009, the Secretary shall allot to each State an 

19 amount that bears the same relationship to such funds 

20 as the total number of incarcerated individuals de21 scribed in paragraphs (1) and (2) of subsection (e) in 

22 the State bears to the total number of such individ23 uals in all States. 

24 ‘‘(2) FUTURE FISCAL YEARS.—From the funds 

25 appropriated pursuant to subsection (i) for each fiscal 
61 

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1 year after fiscal year 2009, the Secretary shall allot 

2 to each State an amount that bears the same relation3 ship to such funds as the total number of students eli4 gible under subsection (e) in such State bears to the 

5 total number of such students in all States.’’. 

6 (2) UNDERGROUND RAILROAD.—Section 841(c) 

7 of the Higher Education Amendments of 1998 (20 

8 U.S.C. 1153(c)) is amended by inserting ‘‘this sec9 tion’’ after ‘‘to carry out’’. 

10 (b) EDUCATION OF THE DEAF ACT OF 1986.—Section 

11 203(b)(2) of the Education of the Deaf Act of 1986 (20 

12 U.S.C. 4353(b)(2)) is amended by striking ‘‘and subsections 

13 (b) and (c) of section 209.’’ and inserting ‘‘and subsections 

14 (a), (b), and (c) of section 209.’’. 

Attest: 

Secretary. 
111TH CONGRESS 

1ST SESSION H.R. 1777 

AMENDMENT