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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1777 Enrolled Bill (ENR)]

        H.R.1777

                      One Hundred Eleventh Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
             the sixth day of January, two thousand and nine

                                 An Act

 
 To make technical corrections to the Higher Education Act of 1965, and 
                           for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. TABLE OF CONTENTS.
    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.
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.
SEC. 2. REFERENCES.
    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Higher Education Act of 
1965 (20 U.S.C. 1001 et seq.).
SEC. 3. EFFECTIVE DATE.
    Except as otherwise provided in this Act, the amendments made by 
this Act shall take effect as if enacted on the date of enactment of 
the Higher Education Opportunity Act (Public Law 110-315).

                      TITLE I--GENERAL PROVISIONS

    SEC. 101. GENERAL PROVISIONS.
    (a) Higher Education Opportunity Act.--
        (1) General definition of institution of higher education.--
    Section 101(b) of the Higher Education Opportunity Act (Public Law 
    110-315) is amended by striking ``July 1, 2010'' and inserting 
    ``the date of enactment of this Act''.
        (2) Definition of institution of higher education for purposes 
    of title iv programs.--Section 102(e) of the Higher Education 
    Opportunity Act (Public Law 110-315) is amended by striking the 
    period at the end and inserting ``, except that, with respect to 
    foreign nursing schools that were eligible to participate in part B 
    of title IV as of the day before the date of enactment of this Act, 
    the amendments made by subsection (a)(1)(D) shall take effect on 
    July 1, 2012.''.
    (b) Higher Education Act of 1965.--Title I (20 U.S.C. 1001 et seq.) 
is amended--
        (1) in section 102(a)(2)(D) (20 U.S.C. 1002(a)(2)(D)), by 
    striking ``under part B'' and inserting ``under part B of title 
    IV'';
        (2) in section 111(b) (20 U.S.C. 1011(b)), by striking ``With'' 
    and inserting ``with'';
        (3) in section 131(a)(3)(A)(iii)(I) (20 U.S.C. 
    1015(a)(3)(A)(iii)(I)), by striking ``section 428(a)(2)(C)(i)'' and 
    inserting ``section 428(a)(2)(C)(ii)'';
        (4) in section 136(d)(1) (20 U.S.C. 1015e(d)(1)), by striking 
    ``(Family Educational Rights and Privacy Act of 1974)'' and 
    inserting ``(commonly known as the `Family Educational Rights and 
    Privacy Act of 1974')'';
        (5) in section 141 (20 U.S.C. 1018)--
            (A) in the matter preceding subparagraph (A) of subsection 
        (c)(3), by striking ``under this title'' and inserting ``under 
        title IV''; and
            (B) in subsection (d)(3), by striking ``appropriate 
        committees of Congress'' and inserting ``authorizing 
        committees'';
        (6) in section 153(a)(1)(B)(iii)(V) (20 U.S.C. 
    1019b(a)(1)(B)(iii)(V)), by striking ``borrowers who take out loans 
    under'' each place the term appears and inserting ``borrowers of 
    loans made under''; and
        (7) in section 155(a) (20 U.S.C. 1019d(a)), by striking 
    paragraph (4) and inserting the following:
        ``(4) include a place to provide information on--
            ``(A) the applicant's cost of attendance at the institution 
        of higher education, as determined by the institution under 
        part F of title IV;
            ``(B) the applicant's estimated financial assistance, 
        including amounts of financial assistance used to replace the 
        expected family contribution, as determined by the institution, 
        in accordance with title IV, for students who have completed 
        the Free Application for Federal Student Aid; and
            ``(C) the difference between the amounts under 
        subparagraphs (A) and (B), as applicable; and''.

                 TITLE II--TEACHER QUALITY ENHANCEMENT

    SEC. 201. TEACHER QUALITY ENHANCEMENT.
    Title II (20 U.S.C. 1021 et seq.) is amended--
        (1) in section 200(22) (20 U.S.C. 1021(22)), by striking 
    subparagraph (D) and inserting the following:
            ``(D) prior to completion of the program--
                ``(i) attains full State certification or licensure and 
            becomes highly qualified; and
                ``(ii) acquires a master's degree not later than 18 
            months after beginning the program.'';
        (2) in section 202 (20 U.S.C. 1022a)--
            (A) in subsection (b)(6)(E)(ii), by striking ``section 
        1111(b)(2)'' and inserting ``section 1111(b)(1)'';
            (B) in subsection (c)(1), by striking ``pre-
        baccalaureate'';
            (C) in subsection (d)--
                (i) in the heading, by striking ``Pre-Baccalaureate'' 
            and inserting ``the''; and
                (ii) in the matter preceding paragraph (1), by striking 
            ``An eligible partnership that receives a grant to carry 
            out an effective program for the pre-baccalaureate 
            preparation of teachers shall carry out a program that 
            includes all of the following:'' and inserting ``An 
            eligible partnership that receives a grant to carry out a 
            program for the preparation of teachers shall carry out an 
            effective pre-baccalaureate teacher preparation program or 
            a 5th year initial licensing program that includes all of 
            the following:'';
            (D) in subsection (e)(2)--
                (i) in subparagraph (A)(ii), by striking ``to earn'' 
            and inserting ``leading to''; and
                (ii) in subparagraph (C)--

                    (I) in clause (i), by striking ``one-year'' before 
                ``teaching residency program''; and
                    (II) in clause (iii)(I), by striking ``one-year''; 
                and

            (E) in subsection (i)(3), by striking ``consent of'' and 
        inserting ``consent to''; and
        (3) in section 231(a)(1) (20 U.S.C. 1032(a)(1)), by striking 
    ``serve graduate'' and inserting ``assist in the graduation of''.

                      TITLE III--INSTITUTIONAL AID

    SEC. 301. INSTITUTIONAL AID.
    Title III (20 U.S.C. 1051 et seq.) is amended--
        (1) in section 316 (20 U.S.C. 1059c)--
            (A) in subsection (a), by striking ``Indian Tribal'' and 
        inserting ``Tribal''; and
            (B) in subsection (b)--
                (i) in paragraph (1), by striking ``the Tribally 
            Controlled College or University Assistance Act of 1978'' 
            and inserting ``the Tribally Controlled Colleges and 
            Universities Assistance Act of 1978'';
                (ii) in paragraph (2), by striking ``the Tribally 
            Controlled College or University Assistance Act of 1978'' 
            and inserting ``the Tribally Controlled Colleges and 
            Universities Assistance Act of 1978''; and
                (iii) in paragraph (3)(A), by striking ``the Navajo 
            Community College Assistance Act of 1978'' and inserting 
            ``the Navajo Community College Act'';
        (2) in section 318(b)(1) (20 U.S.C. 1059e(b)(1)), by striking 
    subparagraph (F) and inserting the following:
            ``(F) is not receiving assistance under--
                ``(i) part B;
                ``(ii) part A of title V; or
                ``(iii) an annual authorization of appropriations under 
            the Act of March 2, 1867 (14 Stat. 438; 20 U.S.C. 123).'';
        (3) in section 323(a) (20 U.S.C. 1062(a)), in the matter 
    preceding paragraph (1), by striking ``in any fiscal year'' and 
    inserting ``for any fiscal year,'';
        (4) in section 324(d) (20 U.S.C. 1063(d))--
            (A) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively;
            (B) by striking ``Notwithstanding subsections (a)'' and 
        inserting ``(1) Notwithstanding subsections (a)''; and
            (C) by adding at the end the following:
    ``(2) If the amount appropriated pursuant to section 399(a)(2)(A) 
for any fiscal year is not sufficient to pay the minimum allotment 
required by paragraph (1) to all part B institutions, the amount of 
such minimum allotments shall be ratably reduced. If additional sums 
become available for such fiscal year, such reduced allocations shall 
be increased on the same basis as the basis on which they were reduced 
(until the amount allotted equals the minimum allotment required by 
paragraph (1)).'';
        (5) in section 351(a) (20 U.S.C. 1067a(a))--
            (A) by striking ``section 304(a)(1)'' and inserting 
        ``section 303(a)(1)''; and
            (B) by striking ``of 1979'';
        (6) in section 355(a) (20 U.S.C. 1067e(a)), by striking ``302'' 
    and inserting ``312'';
        (7) in section 371(c) (20 U.S.C. 1067q(c))--
            (A) in paragraph (3)(D), by striking ``402A(g)'' and 
        inserting ``402A(h)'';
            (B) in paragraph (4), by striking ``402A(g)'' and inserting 
        ``402A(h)''; and
            (C) in paragraph (9)--
                (i) in subparagraph (C)(iii), by striking ``402A(g)'' 
            and inserting ``402A(h)''; and
                (ii) by amending subparagraph (F) to read as follows:
            ``(F) is not receiving assistance under--
                ``(i) part B;
                ``(ii) part A of title V; or
                ``(iii) an annual authorization of appropriations under 
            the Act of March 2, 1867 (14 Stat. 438; 20 U.S.C. 123).''; 
            and
        (8) in section 392(a)(6) (20 U.S.C. 1068a(a)(6)), by striking 
    ``College or University'' and inserting ``Colleges and 
    Universities''.
    SEC. 302. MULTIAGENCY STUDY OF MINORITY SCIENCE PROGRAMS.
    Section 1024 (20 U.S.C. 1067d) is repealed.

                      TITLE IV--STUDENT ASSISTANCE

    SEC. 401. GRANTS TO STUDENTS IN ATTENDANCE AT INSTITUTIONS OF 
      HIGHER EDUCATION.
    (a) Amendments.--Part A of title IV (20 U.S.C. 1070 et seq.) is 
amended--
        (1) in section 400(b) (20 U.S.C. 1070(b)), by striking ``1 
    through 8'' and inserting ``1 through 9'';
        (2) in section 401 (20 U.S.C. 1070a)--
            (A) in the second sentence of subsection (a)(1), by 
        striking ``manner,,'' and inserting ``manner,'';
            (B) in subsection (b)(1), by striking ``section 401'' and 
        inserting ``this section''; and
            (C) in subsection (b)(9)(A)--
                (i) in clause (vi), by striking ``$105,000,000'' and 
            inserting ``$258,000,000''; and
                (ii) in clause (viii), by striking ``$4,400,000,000'' 
            and inserting ``$4,452,000,000'';
        (3) by striking paragraph (4) of section 401(f) (20 U.S.C. 
    1070a(f)), as added by section 401(c) of the Higher Education 
    Opportunity Act (Public Law 110-315);
        (4) in section 402A (20 U.S.C. 1070a-11)--
            (A) in subsection (b)(1), by striking ``organizations 
        including'' and inserting ``organizations, including''; and
            (B) in subsection (c)(8)(C)(iv)(I), by inserting ``to be'' 
        after ``determined'';
        (5) in section 402E(d)(2)(C) (20 U.S.C. 1070a-15(d)(2)(C)), by 
    striking ``320.'' and inserting ``320'';
        (6) in section 415E(b)(1)(B) (20 U.S.C. 1070c-3a(b)(1)(B))--
            (A) in clause (i), by striking ``If a'' and inserting 
        ``Except as provided in clause (ii), if a'';
            (B) by redesignating clause (ii) as clause (iii); and
            (C) by inserting after clause (i) (as amended by 
        subparagraph (A)) the following:
                ``(ii) Special continuation and transition rule.--If a 
            State that applied for and received an allotment under this 
            section for fiscal year 2010 pursuant to subsection (j) 
            meets the specifications established in the State's 
            application under subsection (c) for fiscal year 2011, then 
            the Secretary shall make an allotment to such State for 
            fiscal year 2011 that is not less than the allotment made 
            pursuant to subsection (j) to such State for fiscal year 
            2010 under this section (as this section was in effect on 
            the day before the date of enactment of the Higher 
            Education Opportunity Act (Public Law 110-315)).'';
        (7) in section 419C(b)(1) (20 U.S.C. 1070d-33(b)(1)), by 
    inserting ``and'' after the semicolon at the end;
        (8) in section 419D(d) (20 U.S.C. 1070d-34(d)), by striking 
    ``1134'' and inserting ``134''; and
        (9) by adding at the end the following:

          ``Subpart 10--Scholarships for Veteran's Dependents

``SEC. 420R. SCHOLARSHIPS FOR VETERAN'S DEPENDENTS.
    ``(a) Definition of Eligible Veteran's Dependent.--The term 
`eligible veteran's dependent' means a dependent or an independent 
student--
        ``(1) whose parent or guardian was a member of the Armed Forces 
    of the United States and died as a result of performing military 
    service in Iraq or Afghanistan after September 11, 2001; and
        ``(2) who, at the time of the parent or guardian's death, was--
            ``(A) less than 24 years of age; or
            ``(B) enrolled at an institution of higher education on a 
        part-time or full-time basis.
    ``(b) Grants.--
        ``(1) In general.--The Secretary shall award a grant to each 
    eligible veteran's dependent to assist in paying the eligible 
    veteran's dependent's cost of attendance at an institution of 
    higher education.
        ``(2) Designation.--Grants made under this section shall be 
    known as `Iraq and Afghanistan Service Grants'.
    ``(c) Prevention of Double Benefits.--No eligible veteran's 
dependent may receive a grant under both this section and section 401.
    ``(d) Terms and Conditions.--The Secretary shall award grants under 
this section in the same manner, and with the same terms and 
conditions, including the length of the period of eligibility, as the 
Secretary awards Federal Pell Grants under section 401, except that--
        ``(1) the award rules and determination of need applicable to 
    the calculation of Federal Pell Grants, shall not apply to grants 
    made under this section;
        ``(2) the provisions of subsection (a)(3), subsection (b)(1), 
    the matter following subsection (b)(2)(A)(v), subsection (b)(3), 
    and subsection (f), of section 401 shall not apply; and
        ``(3) a grant made under this section to an eligible veteran's 
    dependent for any award year shall equal the maximum Federal Pell 
    Grant available for that award year, except that such a grant under 
    this section--
            ``(A) shall not exceed the cost of attendance of the 
        eligible veteran's dependent for that award year; and
            ``(B) shall be adjusted to reflect the attendance by the 
        eligible veteran's dependent on a less than full-time basis in 
        the same manner as such adjustments are made under section 401.
    ``(e) Estimated Financial Assistance.--For purposes of 
determinations of need under part F, a grant awarded under this section 
shall not be treated as estimated financial assistance as described in 
sections 471(3) and 480(j).
    ``(f) Authorization and Appropriations of Funds.--There are 
authorized to be appropriated, and there are appropriated, out of any 
money in the Treasury not otherwise appropriated, for the Secretary to 
carry out this section, such sums as may be necessary for fiscal year 
2010 and each succeeding fiscal year.''.
    (b) Effective Date.--The amendment made by subsection (a)(9) shall 
take effect on July 1, 2010.
    (c) Higher Education Opportunity Act.--Section 404 of the Higher 
Education Opportunity Act (Public Law 110-315) is amended by adding at 
the end the following new subsection:
    ``(i) Effective Date; Transition.--
        ``(1) In general.--The amendments made by subsection (e) shall 
    apply to grants made under chapter 2 of subpart 2 of part A of 
    title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a-21 et 
    seq.) on or after the date of enactment of this Act, except that a 
    recipient of a grant under such chapter that is made prior to such 
    date may elect to apply the requirements contained in the 
    amendments made by subsection (e) to that grant if the grant 
    recipient informs the Secretary of the election.
        ``(2) Special rule.--A grant recipient may make the election 
    described in paragraph (1) only if the election does not decrease 
    the amount of the scholarship promised to an individual student 
    under the grant.''.
    SEC. 402. FEDERAL FAMILY EDUCATION LOAN PROGRAM.
    (a) Amendment to Provision Amended by the College Cost Reduction 
and Access Act.--
        (1) In general.--Section 428(b)(1)(G)(i) (20 U.S.C. 
    1078(b)(1)(G)(i)), as amended by section 303 of the College Cost 
    Reduction and Access Act (Public Law 110-84), is amended by 
    striking ``or 439(q)''.
        (2) Effective date.--The amendment made by paragraph (1) shall 
    be effective as if enacted as part of the amendment in section 
    303(a) of the College Cost Reduction and Access Act (Public Law 
    110-84), shall take effect on October 1, 2012, and shall apply with 
    respect to loans made on or after such date.
    (b) Entrance Counseling Functions.--
        (1) Guaranty agencies.--Section 428(b)(3) (20 U.S.C. 
    1078(b)(3)) is amended--
            (A) in subparagraph (C), by inserting ``or 485(l)'' after 
        ``section 485(b)''; and
            (B) in subparagraph (D), by inserting ``or 485(l)'' after 
        ``section 485(b)''.
        (2) Eligible lenders.--Section 435(d)(5) (20 U.S.C. 1085(d)(5)) 
    is amended--
            (A) in subparagraph (E), by inserting ``or 485(l)'' after 
        ``section 485(b)''; and
            (B) in subparagraph (F), by inserting ``or 485(l)'' after 
        ``section 485(b)''.
    (c) Amendment to Provision Amended by the Higher Education 
Opportunity Act.--
        (1) In general.--Section 428C(c)(3)(A) (20 U.S.C. 1078-
    3(c)(3)(A)), as amended by section 425 of the Higher Education 
    Opportunity Act (Public Law 110-315), is amended by striking 
    ``section 493C'' and inserting ``section 493C,''.
        (2) Effective date.--The amendment made by paragraph (1) shall 
    be effective as if enacted as part of the amendments in section 
    425(d)(1) of the Higher Education Opportunity Act (Public Law 110-
    315), and shall take effect on July 1, 2009.
    (d) Rehabilitation of Student Loans.--
        (1) Section 428F (20 U.S.C. 1078-6) is amended--
            (A) in subsection (a)--
                (i) by amending paragraph (1) to read as follows:
        ``(1) Sale or assignment of loan.--
            ``(A) In general.--Each guaranty agency, upon securing 9 
        payments made within 20 days of the due date during 10 
        consecutive months of amounts owed on a loan for which the 
        Secretary has made a payment under paragraph (1) of section 
        428(c), shall--
                ``(i) if practicable, sell the loan to an eligible 
            lender; or
                ``(ii) on or before September 30, 2011, assign the loan 
            to the Secretary if--

                    ``(I) the Secretary has determined that market 
                conditions unduly limit a guaranty agency's ability to 
                sell loans under clause (i); and
                    ``(II) the guaranty agency has been unable to sell 
                loans under clause (i).

            ``(B) Monthly payments.--Neither the guaranty agency nor 
        the Secretary shall demand from a borrower as monthly payment 
        amounts described in subparagraph (A) more than is reasonable 
        and affordable based on the borrower's total financial 
        circumstances.
            ``(C) Consumer reporting agencies.--Upon the sale or 
        assignment of the loan, the Secretary, guaranty agency or other 
        holder of the loan shall request any consumer reporting agency 
        to which the Secretary, guaranty agency or holder, as 
        applicable, reported the default of the loan, to remove the 
        record of the default from the borrower's credit history.
            ``(D) Duties upon sale.--With respect to a loan sold under 
        subparagraph (A)(i)--
                ``(i) the guaranty agency--

                    ``(I) shall repay the Secretary 81.5 percent of the 
                amount of the principal balance outstanding at the time 
                of such sale, multiplied by the reinsurance percentage 
                in effect when payment under the guaranty agreement was 
                made with respect to the loan; and
                    ``(II) may, in order to defray collection costs--

                        ``(aa) charge to the borrower an amount not to 
                    exceed 18.5 percent of the outstanding principal 
                    and interest at the time of the loan sale; and
                        ``(bb) retain such amount from the proceeds of 
                    the loan sale; and
                ``(ii) the Secretary shall reinstate the Secretary's 
            obligation to--

                    ``(I) reimburse the guaranty agency for the amount 
                that the agency may, in the future, expend to discharge 
                the guaranty agency's insurance obligation; and
                    ``(II) pay to the holder of such loan a special 
                allowance pursuant to section 438.

            ``(E) Duties upon assignment.--With respect to a loan 
        assigned under subparagraph (A)(ii)--
                ``(i) the guaranty agency shall add to the principal 
            and interest outstanding at the time of the assignment of 
            such loan an amount equal to the amount described in 
            subparagraph (D)(i)(II)(aa); and
                ``(ii) the Secretary shall pay the guaranty agency, for 
            deposit in the agency's Operating Fund established pursuant 
            to section 422B, an amount equal to the amount added to the 
            principal and interest outstanding at the time of the 
            assignment in accordance with clause (i).
            ``(F) Eligible lender limitation.--A loan shall not be sold 
        to an eligible lender under subparagraph (A)(i) if such lender 
        has been found by the guaranty agency or the Secretary to have 
        substantially failed to exercise the due diligence required of 
        lenders under this part.
            ``(G) Default due to error.--A loan that does not meet the 
        requirements of subparagraph (A) may also be eligible for sale 
        or assignment under this paragraph upon a determination that 
        the loan was in default due to clerical or data processing 
        error and would not, in the absence of such error, be in a 
        delinquent status.'';
                (ii) in paragraph (2)--

                    (I) by striking ``paragraph (1) of this 
                subsection'' and inserting ``paragraph (1)(A)(i)''; and
                    (II) by striking ``paragraph (1)(B)(ii) of this 
                subsection'' and inserting ``paragraph (1)(D)(ii)(I)'';

                (iii) in paragraph (3)--

                    (I) by striking ``sold under paragraph (2)'' and 
                inserting ``sold or assigned under paragraph (1)(A)''; 
                and
                    (II) by striking ``sale.'' and inserting ``sale or 
                assignment.'';

                (iv) in paragraph (4), by striking ``which is sold 
            under paragraph (1) of this subsection'' and inserting 
            ``that is sold or assigned under paragraph (1)''; and
                (v) in paragraph (5), by inserting ``(whether by loan 
            sale or assignment)'' after ``rehabilitating a loan''; and
            (B) in subsection (b), in the first sentence, by inserting 
        ``or assigned to the Secretary'' after ``sold to an eligible 
        lender''.
        (2) Effective date.--The amendments made by paragraph (1) shall 
    be effective on the date of enactment of this Act, and shall apply 
    to any loan on which monthly payments described in section 
    428F(a)(1)(A) were paid before, on, or after such date of 
    enactment.
    (e) Repayment in Full for Death and Disability.--
        (1) In general.--Section 437(a)(1) (20 U.S.C. 1087(a)(1)), as 
    amended by section 437 of the Higher Education Opportunity Act 
    (Public Law 110-315), is amended--
            (A) in the matter preceding subparagraph (A), by striking 
        ``Secretary),, or if'' and inserting ``Secretary), or if''; and
            (B) in subparagraph (B), by inserting ``the reinstatement 
        and resumption to be'' after ``determines''.
        (2) Effective date.--The amendments made by paragraph (1) shall 
    be effective as if enacted as part of the amendments in section 
    437(a) of the Higher Education Opportunity Act (Public Law 110-
    315), and shall take effect on July 1, 2010.
    (f) Other Amendments.--Part B of title IV (20 U.S.C. 1071 et seq.) 
is further amended--
        (1) in section 428 (20 U.S.C. 1078)--
            (A) in subsection (a)(2)(A)(i)(II), by striking ``and'' 
        after the semicolon at the end;
            (B) in subsection (b)--
                (i) in the matter following subclause (II) of paragraph 
            (1)(M)(i), by inserting ``section'' before ``428B'';
                (ii) in paragraph (3)(A)(i), by striking ``any 
            institution of higher education or the employees of an 
            institution of higher education'' and inserting ``any 
            institution of higher education, any employee of an 
            institution of higher education, or any individual or 
            entity'';
                (iii) in paragraph (4), by striking ``For the purpose 
            of paragraph (1)(M)(i)(III) of this subsection,'' and 
            inserting ``With respect to the graduate fellowship program 
            referred to in paragraph (1)(M)(i)(II),''; and
                (iv) in paragraph (7)--

                    (I) in subparagraph (B), by striking ``clause (i) 
                or (ii) of''; and
                    (II) in subparagraph (D), by striking 
                ``subparagraph (A)(i)'' and inserting ``subparagraph 
                (A)''; and

            (C) in subsection (c)(9)(K), by striking ``3 months'' and 
        inserting ``6 months'';
        (2) in section 428B(e) (20 U.S.C. 1078-2(e))--
            (A) in paragraph (3)(B), by striking ``subsection 
        (c)(5)(B)'' and inserting ``subsection (d)(5)(B)''; and
            (B) by repealing paragraph (5);
        (3) in section 428C (20 U.S.C. 1078-3)--
            (A) in subsection (a)(4)(E), by striking ``subpart II of 
        part B'' and inserting ``part E'';
            (B) in the matter preceding clause (i) of subsection 
        (c)(2)(A)--
                (i) by striking ``subsection (b)(2)(F)'' and inserting 
            ``subsection (b)(2)''; and
                (ii) by inserting a comma after ``graduated'';
            (C) in subsection (d)(3)(D), by striking ``loan insurance 
        fund'' and inserting ``loan insurance account''; and
            (D) in subsection (f)(3), by striking ``subsection (a)'' 
        and inserting ``this subsection'';
        (4) in section 428G(c) (20 U.S.C. 1078-7(c))--
            (A) in paragraph (1), by striking ``section 
        428(a)(2)(A)(i)(III)'' and inserting ``section 
        428(a)(2)(A)(i)(II)''; and
            (B) by striking paragraph (3) and inserting the following:
        ``(3) notwithstanding subsection (a)(2), may, with the 
    permission of the borrower, be disbursed by the lender on a weekly 
    or monthly basis, provided that the proceeds of the loan are 
    disbursed by the lender in substantially equal weekly or monthly 
    installments, as the case may be, over the period of enrollment for 
    which the loan is made.'';
        (5) in section 428H (20 U.S.C. 1078-8)--
            (A) in subsection (d), by amending the text of the header 
        of paragraph (2) to read as follows: ``Limits for graduate, 
        professional, and independent postbaccalaureate students''; and
            (B) in subsection (e), by amending paragraph (6) to read as 
        follows:
        ``(6) Repayment period.--For purposes of calculating the 
    repayment period under section 428(b)(9), such period shall 
    commence at the time the first payment of principal is due from the 
    borrower.'';
        (6) in section 428J (20 U.S.C. 1078-10)--
            (A) in subsection (c)(1), by adding at the end the 
        following: ``No borrower may receive a reduction of loan 
        obligations under both this section and section 460.''; and
            (B) in subsection (g)(2)--
                (i) in subparagraph (B), by inserting ``or'' after the 
            semicolon at the end;
                (ii) by striking subparagraph (C);
                (iii) by redesignating subparagraph (D) as subparagraph 
            (C); and
                (iv) in subparagraph (C), as redesignated by clause 
            (iii), by striking ``12571'' and inserting ``12601'';
        (7) in section 428K(g)(9)(B) (20 U.S.C. 1078-11(g)(9)(B)), by 
    striking ``under subsection (ll)(3) of such section (42 U.S.C. 
    1395x(ll)(3))'' and inserting ``under subsection (ll)(4) of such 
    section (42 U.S.C. 1395x(ll)(4))'';
        (8) in section 430A(f) (20 U.S.C. 1080a(f))--
            (A) by striking ``and (6)'' and inserting ``and (5)''; and
            (B) by striking ``(a)(6)'' and inserting ``(a)(5)'';
        (9) in section 432 (20 U.S.C. 1082)--
            (A) in subsection (b), by striking ``section 1078 of this 
        title'' and inserting ``section 428''; and
            (B) in subsection (m)(1)(B)--
                (i) in clause (i), by inserting ``and'' after the 
            semicolon at the end; and
                (ii) in clause (ii), by striking ``; and'' and 
            inserting a period;
        (10) in section 435 (20 U.S.C. 1085)--
            (A) in subsection (a)(2)(C)(ii), by striking ``a tribally 
        controlled community college within the meaning of section 
        2(a)(4) of the Tribally Controlled Community College Assistance 
        Act of 1978'' and inserting ``a tribally controlled college or 
        university, as defined in section 2(a)(4) of the Tribally 
        Controlled Colleges and Universities Assistance Act of 1978'';
            (B) in subsection (d)--
                (i) in paragraph (1)--

                    (I) in subparagraph (A)(ii)(III), by striking 
                ``section 501(1) of such Code'' and inserting ``section 
                501(a) of such Code''; and
                    (II) in subparagraph (G), by striking ``sections 
                428A(d), 428B(d), and 428C,'' and inserting ``sections 
                428B(d) and 428C,'';

                (ii) in paragraph (2)(A)(vi), by striking ``section 
            435(m)'' and inserting ``subsection (m)'';
                (iii) in paragraph (3), by striking ``section 435(m)'' 
            and inserting ``subsection (m)''; and
                (iv) in paragraph (5)(A), by striking ``to any 
            institution of higher education or any employee of an 
            institution of higher education in order to secure 
            applicants for loans under this part'' and inserting ``to 
            any institution of higher education, any employee of an 
            institution of higher education, or any individual or 
            entity in order to secure applicants for loans under this 
            part'';
            (C) in subsection (o)(1)(A)(ii), by striking ``Service'' 
        and inserting ``Services''; and
            (D) in subsection (p)(1), by striking ``section 771'' and 
        inserting ``section 781''; and
        (11) in section 438(b)(2) (20 U.S.C. 1087-1(b)(2))--
            (A) in the second sentence of subparagraph (A), by striking 
        ``427A(f)'' and inserting ``427A(i)'';
            (B) in the first sentence of subparagraph (B)(i), by 
        striking ``1954'' and inserting ``1986''; and
            (C) in the second sentence of subparagraph (F), by striking 
        ``427A(f)'' and inserting ``427A(i)''.
    SEC. 403. FEDERAL WORK-STUDY PROGRAMS.
    Section 443 (42 U.S.C. 2753) is amended--
        (1) in subsection (b)(2), by striking ``section 443'' and 
    inserting ``this section'';
        (2) in subsection (d)(1), by striking ``subsection (b)(2)(B)'' 
    and inserting ``subsection (b)(2)(A)''; and
        (3) in subsection (e)(1), in the matter preceding subparagraph 
    (A), by striking ``in accordance with such subsection''.
    SEC. 404. FEDERAL DIRECT LOAN PROGRAM.
    (a) Temporary Authority to Purchase Loans.--Section 459A (20 U.S.C. 
1087i-1) is amended--
        (1) in subsection (a)--
            (A) in paragraph (2), in the matter preceding subparagraph 
        (A), by striking ``purchase of loans under this section'' and 
        inserting ``purchase of loans under paragraph (1)''; and
            (B) by inserting after paragraph (2) the following new 
        paragraph:
        ``(3) Temporary authority to purchase rehabilitated loans.--
            ``(A) Authority.--In addition to the authority described in 
        paragraph (1), the Secretary, in consultation with the 
        Secretary of the Treasury, is authorized to purchase, or enter 
        into forward commitments to purchase, from any eligible lender 
        (as defined in section 435(d)(1)), loans that such lender 
        purchased under section 428F on or after October 1, 2003, and 
        before July 1, 2010, and that are not in default, on such terms 
        as the Secretary, the Secretary of the Treasury, and the 
        Director of the Office of Management and Budget jointly 
        determine are in the best interest of the United States, except 
        that any purchase under this paragraph shall not result in any 
        net cost to the Federal Government (including the cost of 
        servicing the loans purchased), as determined jointly by the 
        Secretary, the Secretary of the Treasury, and the Director of 
        the Office of Management and Budget.
            ``(B) Federal register notice.--The Secretary, the 
        Secretary of the Treasury, and the Director of the Office of 
        Management and Budget shall jointly publish a notice in the 
        Federal Register prior to any purchase of loans under this 
        paragraph that--
                ``(i) establishes the terms and conditions governing 
            the purchases authorized by this paragraph;
                ``(ii) includes an outline of the methodology and 
            factors that the Secretary, the Secretary of the Treasury, 
            and the Director of the Office of Management and Budget 
            will jointly consider in evaluating the price at which to 
            purchase loans rehabilitated pursuant to section 428F(a); 
            and
                ``(iii) describes how the use of such methodology and 
            consideration of such factors used to determine purchase 
            price will ensure that loan purchases do not result in any 
            net cost to the Federal Government (including the cost of 
            servicing the loans purchased).''; and
        (2) by amending subsection (b) to read as follows:
    ``(b) Proceeds.--The Secretary shall require, as a condition of any 
purchase under subsection (a), that the funds paid by the Secretary to 
any eligible lender under this section be used--
        ``(1) to ensure continued participation of such lender in the 
    Federal student loan programs authorized under part B of this 
    title; and
        ``(2)(A) in the case of loans purchased pursuant to subsection 
    (a)(1), to originate new Federal loans to students, as authorized 
    under part B of this title; or
        ``(B) in the case of loans purchased pursuant to subsection 
    (a)(3), to originate such new Federal loans to students, or to 
    purchase loans in accordance with section 428F(a).''.
    (b) Other Amendments.--Part D of title IV (20 U.S.C. 1087a et seq.) 
is amended--
        (1) by repealing paragraph (3) of section 453(c) (20 U.S.C. 
    1087c(c));
        (2) in section 455 (20 U.S.C. 1087e)--
            (A) in subsection (d)(1)(C), by striking 
        ``428(b)(9)(A)(v)'' and inserting ``428(b)(9)(A)(iv)'';
            (B) in subsection (h), by striking ``(except as authorized 
        under section 457(a)(1))''; and
            (C) in subsection (k)(1)(B), by striking ``, or in a notice 
        under section 457(a)(1),'';
        (3) by repealing section 457 (20 U.S.C. 1087g); and
        (4) in section 460 (20 U.S.C. 1087j)--
            (A) in subsection (c)(1), by adding at the end the 
        following: ``No borrower may receive a reduction of loan 
        obligations under both this section and section 428J.''; and
            (B) in subsection (g)(2)--
                (i) by striking subparagraph (A);
                (ii) by redesignating subparagraphs (B) through (D) as 
            subparagraphs (A) through (C), respectively; and
                (iii) in subparagraph (C), as redesignated by clause 
            (ii), by striking ``12571'' and inserting ``12601''.
    SEC. 405. FEDERAL PERKINS LOANS.
    Part E of title IV (20 U.S.C. 1087aa et seq.) is amended--
        (1) in section 462(a)(1) (20 U.S.C. 1087bb(a)(1)), by striking 
    subparagraph (A) and inserting the following:
        ``(A) 100 percent of the amount received under subsections (a) 
    and (b) of this section for fiscal year 1999 (as such subsections 
    were in effect with respect to allocations for such fiscal year), 
    multiplied by'';
        (2) in section 463(c) (20 U.S.C. 1087cc(c))--
            (A) in paragraph (2)--
                (i) by moving the margins of subparagraph (A) 2 ems to 
            the left; and
                (ii) by striking subparagraph (B) and inserting the 
            following:
        ``(B) information concerning the repayment and collection of 
    any such loan, including information concerning the status of such 
    loan; and''; and
            (B) in paragraph (3)--
                (i) by striking ``and (6)'' and inserting ``and (5)''; 
            and
                (ii) by striking ``(a)(6)'' and inserting ``(a)(5)'';
        (3) in the first sentence of the matter preceding paragraph (1) 
    of section 463A(a) (20 U.S.C. 1087cc-1(a)), by striking ``, in 
    order to carry out the provisions of section 463(a)(8),'';
        (4) in section 464 (20 U.S.C. 1087dd)--
            (A) in subsection (c)--
                (i) in paragraph (1)(D)--

                    (I) by striking ``(I)'' and inserting ``(i)''; and
                    (II) by striking ``(II)'' and inserting ``(ii)''; 
                and

                (ii) in paragraph (2)(A)(iii)--

                    (I) by aligning the margin of the matter preceding 
                subclause (I) with the margins of clause (ii);
                    (II) by aligning the margins of subclauses (I) and 
                (II) with the margins of clause (i)(I); and
                    (III) by aligning the margins of the matter 
                following subclause (II) with the margins of the matter 
                following subclause (II) of clause (i); and

            (B) in subsection (g)(5), by striking ``credit bureaus'' 
        and inserting ``consumer reporting agencies'';
        (5) in section 465(a)(6) (20 U.S.C. 1087ee(a)(6)), by striking 
    ``12571'' and inserting ``12601'';
        (6) in section 467(b) (20 U.S.C. 1087gg(b)), by striking 
    ``paragraph (5)(A), (5)(B)(i), or (6)'' and inserting ``paragraph 
    (4) or (5)''; and
        (7) in section 469(c) (20 U.S.C. 1087ii(c)), by striking ``and 
    the term'' and all that follows through the period at the end and 
    inserting ``and the term `early intervention services' has the 
    meaning given the term in section 632 of such Act.''.
    SEC. 406. NEED ANALYSIS.
    (a) Amendments.--Part F of title IV (20 U.S.C. 1087kk et seq.) is 
amended--
        (1) in section 473 (20 U.S.C. 1087mm)--
            (A) by striking ``For the purpose of this title, except 
        subpart 2 of part A,'' and inserting ``(a) In General.--For the 
        purpose of this title, other than subpart 2 of part A, and 
        except as provided in subsection (b),''; and
            (B) by adding at the end the following:
    ``(b) Special Rule.--
        ``(1) In general.--Notwithstanding any other provision of this 
    title, the family contribution of each student described in 
    paragraph (2) shall be deemed to be zero for the academic year for 
    which the determination is made.
        ``(2) Applicability.--Paragraph (1) shall apply to any 
    dependent or independent student with respect to determinations of 
    need for academic year 2009-2010 and succeeding academic years--
            ``(A) who is eligible to receive a Federal Pell Grant for 
        the academic year for which the determination is made;
            ``(B) whose parent or guardian was a member of the Armed 
        Forces of the United States and died as a result of performing 
        military service in Iraq or Afghanistan after September 11, 
        2001; and
            ``(C) who, at the time of the parent or guardian's death, 
        was--
                ``(i) less than 24 years of age; or
                ``(ii) enrolled at an institution of higher education 
            on a part-time or full-time basis.
        ``(3) Information.--Notwithstanding any other provision of law, 
    the Secretary of Veterans Affairs and the Secretary of Defense, as 
    appropriate, shall provide the Secretary of Education with 
    information necessary to determine which students meet the 
    requirements of paragraph (2).'';
        (2) in section 475(c)(5)(B) (20 U.S.C. 1087oo(c)(5)(B)), by 
    inserting ``of 1986'' after ``Code'';
        (3) in section 477(b)(5)(B) (20 U.S.C. 1087qq(b)(5)(B)), by 
    inserting ``of 1986'' after ``Code'';
        (4) in section 479 (20 U.S.C. 1087ss)--
            (A) in subsection (b) (as amended by section 602 of the 
        College Cost Reduction and Access Act (Public Law 110-84))--
                (i) in paragraph (1)(A)(i), by amending subclause (III) 
            to read as follows:

                    ``(III) include at least one parent who is a 
                dislocated worker; or''; and

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

                    ``(III) is a dislocated worker or has a spouse who 
                is a dislocated worker; or''; and

            (B) in subsection (c) (as amended by such section 602)--
                (i) in paragraph (1)(A), by amending clause (iii) to 
            read as follows:
                ``(iii) include at least one parent who is a dislocated 
            worker; or''; and
                (ii) in paragraph (2)(A), by amending clause (iii) to 
            read as follows:
                ``(iii) is a dislocated worker or has a spouse who is a 
            dislocated worker; or'';
        (5) in section 479C (20 U.S.C. 1087uu-1)--
            (A) in paragraph (1), by striking ``under'' and all that 
        follows through ``; and'' and inserting ``under Public Law 98-
        64 (25 U.S.C. 117a et seq.; 97 Stat. 365) (commonly known as 
        the `Per Capita Act') or the Indian Tribal Judgment Funds Use 
        or Distribution Act (25 U.S.C. 1401 et seq.); and''; and
            (B) in paragraph (2)--
                (i) by striking ``Alaskan'' and inserting ``Alaska'';
                (ii) by inserting ``(43 U.S.C. 1601 et seq.)'' before 
            ``or the''; and
                (iii) by inserting ``of 1980 (25 U.S.C. 1721 et seq.)'' 
            after ``Maine Indian Claims Settlement Act'';
        (6) in section 480(a)(2) (20 U.S.C. 1087vv(a)(2)), by striking 
    ``12571'' and inserting ``12511'';
        (7) in section 480(c)(2) (20 U.S.C. 1087vv(c)(2))--
            (A) in the matter preceding subparagraph (A), by striking 
        ``the following'' and inserting ``benefits under the following 
        provisions of law''; and
            (B) by striking subparagraphs (A) through (J) and inserting 
        the following:
        ``(A) Chapter 103 of title 10, United States Code (Senior 
    Reserve Officers' Training Corps).
        ``(B) Chapter 106A of title 10, United States Code (Educational 
    Assistance for Persons Enlisting for Active Duty).
        ``(C) Chapter 1606 of title 10, United States Code (Selected 
    Reserve Educational Assistance Program).
        ``(D) Chapter 1607 of title 10, United States Code (Educational 
    Assistance Program for Reserve Component Members Supporting 
    Contingency Operations and Certain Other Operations).
        ``(E) Chapter 30 of title 38, United States Code (All-Volunteer 
    Force Educational Assistance Program, also known as the `Montgomery 
    GI Bill--active duty').
        ``(F) Chapter 31 of title 38, United States Code (Training and 
    Rehabilitation for Veterans with Service-Connected Disabilities).
        ``(G) Chapter 32 of title 38, United States Code (Post-Vietnam 
    Era Veterans' Educational Assistance Program).
        ``(H) Chapter 33 of title 38, United States Code (Post-9/11 
    Educational Assistance).
        ``(I) Chapter 35 of title 38, United States Code (Survivors' 
    and Dependents' Educational Assistance Program).
        ``(J) Section 903 of the Department of Defense Authorization 
    Act, 1981 (10 U.S.C. 2141 note) (Educational Assistance Pilot 
    Program).
        ``(K) Section 156(b) of the `Joint Resolution making further 
    continuing appropriations and providing for productive employment 
    for the fiscal year 1983, and for other purposes' (42 U.S.C. 402 
    note) (Restored Entitlement Program for Survivors, also known as 
    `Quayle benefits').
        ``(L) The provisions of chapter 3 of title 37, United States 
    Code, related to subsistence allowances for members of the Reserve 
    Officers Training Corps.''; and
        (8) in section 480(j)(1) (20 U.S.C. 1087vv(j)(1)), by striking 
    ``12571'' and inserting ``12511''.
    (b) Effective Date.--The amendments made by--
        (1) paragraph (1) of subsection (a) shall take effect on July 
    1, 2009; and
        (2) paragraph (4) of such subsection shall be effective as if 
    enacted as part of the amendments in section 602(a) of the College 
    Cost Reduction and Access Act (Public Law 110-84), and shall take 
    effect on July 1, 2009.
    (c) Higher Education Opportunity Act.--Section 473(f) of the Higher 
Education Opportunity Act (Public Law 110-315) is amended by inserting 
``, except that the amendments made in subsection (e) shall take effect 
on July 1, 2009'' before the period at the end.
    SEC. 407. GENERAL PROVISIONS OF TITLE IV.
    (a) Delayed Implementation of EZ FAFSA.--Notwithstanding any other 
provision of law, the Secretary of Education shall be required to carry 
out the requirements under the following provisions of section 483 of 
the Higher Education Act of 1965 (20 U.S.C. 1090) only for academic 
year 2010-2011 and subsequent academic years:
        (1) In subsection (a) of such section--
            (A) subparagraphs (A)(i) and (B) of paragraph (2);
            (B) in paragraph (3)--
                (i) the second sentence of subparagraph (A);
                (ii) clauses (i) and (ii) of subparagraph (B); and
                (iii) subparagraph (C);
            (C) paragraph (4)(A)(iv); and
            (D) paragraph (5)(E).
        (2) Subsection (h) of such section.
    (b) Other Amendments.--Part G of title IV (20 U.S.C. 1088 et seq.) 
is amended--
        (1) in the matter preceding paragraph (1) of section 481(c) (20 
    U.S.C. 1088(c)), by striking ``or any State, or private, profit or 
    nonprofit organization'' and inserting ``any State, or any private, 
    for-profit or nonprofit organization,'';
        (2) in section 482(b) (20 U.S.C. 1089(b)), by striking 
    ``413D(e), 442(e), or 462(j)'' and inserting ``413D(d), 442(d), or 
    462(i)'';
        (3) in section 483 (20 U.S.C. 1090)--
            (A) in subsection (a)(3)(C), by inserting ``that'' after 
        ``except''; and
            (B) in subsection (e)(8)(A), by striking ``identify'' and 
        inserting ``determine'';
        (4) in section 484 (20 U.S.C. 1091)--
            (A) in the matter preceding subparagraph (A) of subsection 
        (a)(4), by striking ``certification,,'' and inserting 
        ``certification,'';
            (B) in subsection (b)(1)(B)--
                (i) by striking ``have (A)'' and inserting ``have 
            (i)''; and
                (ii) by striking ``and (B)'' and inserting ``and 
            (ii)'';
            (C) in subsection (f)(1), by striking ``part B'' and all 
        that follows through ``part E'' in each place that the phrase 
        occurs and inserting ``part B, part D, or part E'';
            (D) in subsection (h)--
                (i) in paragraph (2), by striking ``(h)(4)(A)(i)'' and 
            inserting ``(g)(4)(A)(i)''; and
                (ii) in paragraph (3), by striking ``(h)(4)(B)(i)'' and 
            inserting ``(g)(4)(B)(i)''; and
            (E) in subsection (n), by striking ``section 1113 of Public 
        Law 97-252'' and inserting ``section 12(f) of the Military 
        Selective Service Act (50 U.S.C. App. 462(f))'';
        (5) in section 485 (20 U.S.C. 1092)--
            (A) in subsection (a)--
                (i) in paragraph (1)--

                    (I) the matter preceding subparagraph (A), by 
                striking ``also referred to as the Family Educational 
                Rights and Privacy Act of 1974'' and inserting 
                ``commonly known as the `Family Educational Rights and 
                Privacy Act of 1974'''; and
                    (II) in subparagraph (I), by striking ``handicapped 
                students'' and inserting ``students with 
                disabilities'';

                (ii) in paragraph (4)(B), by inserting ``during which'' 
            after ``time period''; and
                (iii) in the matter preceding subclause (I) of 
            paragraph (7)(B)(iv), by inserting ``education'' after 
            ``higher'';
            (B) in subsection (e)(3)(B), by inserting ``during which'' 
        after ``time period'';
            (C) in subsection (f)--
                (i) in the matter preceding subparagraph (A) of 
            paragraph (1), by inserting ``of'' after ``foreign 
            institution''; and
                (ii) in paragraphs (3), (4)(A), (5), and (8)(A), by 
            striking ``under this title'' each place it appears and 
            inserting ``under this title, other than a foreign 
            institution of higher education,'';
            (D) in subsection (g)(2), by striking ``subparagraph (G)'' 
        and inserting ``paragraph (1)(G)'';
            (E) in subsection (i)--
                (i) in paragraph (2), by striking ``eligible 
            institution participating in any program under this title'' 
            and inserting ``institution described in paragraph (1)'';
                (ii) in paragraph (3), in the matter preceding 
            subparagraph (A), by striking ``eligible institution 
            participating in any program under this title'' and 
            inserting ``institution described in paragraph (1)''; and
                (iii) in paragraph (5)(B), by striking ``the Family 
            Educational Rights and Privacy Act of 1974'' and inserting 
            ``commonly known as the `Family Educational Rights and 
            Privacy Act of 1974''';
            (F) in subsection (k)(2), by inserting ``section'' before 
        ``484(r)(1)''; and
            (G) in the matter preceding clause (i) of subsection 
        (l)(1)(A), by striking ``subparagraph (B)'' and inserting 
        ``paragraph (2)'';
        (6) in section 485A (20 U.S.C. 1092a)--
            (A) in subsection (a)--
                (i) by striking ``or defined in subpart I of part C of 
            title VII of the Public Health Service Act'' and inserting 
            ``or an eligible lender as defined in section 719 of the 
            Public Health Service Act (42 U.S.C. 292o)''; and
                (ii) by striking ``under subpart I of part C of title 
            VII of the Public Health Service Act (known as Health 
            Education Assistance Loans)'' and inserting ``under part A 
            of title VII of the Public Health Service Act (42 U.S.C. 
            292 et seq.)'';
            (B) in subsection (b), by striking ``subpart I of part C of 
        title VII of the Public Health Service Act'' and inserting 
        ``part A of title VII of the Public Health Service Act (42 
        U.S.C. 292 et seq.)'';
            (C) in subsection (e)--
                (i) by striking ``Health Education Assistance Loan'' 
            and inserting ``loan under part A of title VII of the 
            Public Health Service Act (42 U.S.C. 292 et seq.)''; and
                (ii) in paragraph (2), by striking ``733(e)(3)'' and 
            inserting ``707(e)(3)''; and
            (D) in subsection (f)--
                (i) in paragraph (1)--

                    (I) in the second sentence, by striking ``subpart I 
                of part C of title VII of the Public Health Service 
                Act'' and inserting ``part A of title VII of the Public 
                Health Service Act (42 U.S.C. 292 et seq.)''; and
                    (II) in the fourth sentence, by striking ``728(a)'' 
                and inserting ``710''; and

                (ii) in paragraph (2), by striking ``subpart I of part 
            C of title VII of the Public Health Service Act'' and 
            inserting ``part A of title VII of the Public Health 
            Service Act (42 U.S.C. 292 et seq.)'';
        (7) in section 485B (20 U.S.C. 1092b)--
            (A) in subsection (a)(5), by striking ``))'' and inserting 
        ``)''; and
            (B) in subsection (d)(3)(D), by striking ``the Family 
        Educational Rights and Privacy Act of 1974'' and inserting 
        ``commonly known as the `Family Educational Rights and Privacy 
        Act of 1974''';
        (8) in section 487 (20 U.S.C. 1094)--
            (A) in subsection (a)(23)(A), by inserting ``of 1993'' 
        after ``Registration Act'';
            (B) in subsection (c)(1)--
                (i) in subparagraph (A)(i), by striking ``students 
            receives'' and inserting ``students receive'';
                (ii) in subparagraph (F), by striking ``paragraph 
            (2)(B)'' and inserting ``paragraph (3)(B)''; and
                (iii) in subparagraph (H), by striking ``paragraph 
            (2)(B)'' and inserting ``paragraph (3)(B)'';
            (C) in subsection (f)(1), by striking ``496(c)(4)'' and 
        inserting ``496(c)(3)''; and
            (D) in subsection (g)(1), by striking ``subsection (f)(2)'' 
        and inserting ``subsection (e)(2)'';
        (9) in section 487A(b) (20 U.S.C. 1094a(b))--
            (A) in paragraph (1)--
                (i) by striking ``Any activities'' and inserting ``Any 
            experimental sites''; and
                (ii) by striking ``June 30, 2009'' and inserting ``June 
            30, 2010''; and
            (B) by adding at the end the following:
        ``(4) Determination of success.--For the purposes of paragraph 
    (1), the Secretary shall make a determination of success regarding 
    an institution's participation as an experimental site based on--
            ``(A) the ability of the experimental site to reduce 
        administrative burdens to the institution, as documented in the 
        Secretary's biennial report under paragraph (2), without 
        creating costs for the taxpayer; and
            ``(B) whether the experimental site has improved the 
        delivery of services to, or otherwise benefitted, students.'';
        (10) in section 489(a) (20 U.S.C. 1096(a))--
            (A) in the third sentence, by striking ``has agreed to 
        assign under section 463(a)(6)(B)'' and inserting ``has 
        referred under section 463(a)(4)(B)''; and
            (B) in the fourth sentence, by striking ``484(h)'' and 
        inserting ``484(g)'';
        (11) in section 491(l)(2)(A) (20 U.S.C. 1098(l)(2)(A)), by 
    inserting ``the'' after ``enactment of''; and
        (12) in section 492(a) (20 U.S.C. 1098a(a))--
            (A) in paragraph (1), by striking ``regulations'' and all 
        that follows through ``The'' and inserting ``regulations for 
        this title. The''; and
            (B) in paragraph (2), by striking ``Issues'' and all that 
        follows through ``provide'' and inserting ``Issues.--The 
        Secretary shall provide''.
    SEC. 408. PROGRAM INTEGRITY.
    Part H of title IV (20 U.S.C. 1099a et seq.) is amended--
        (1) in section 496(a)(6)(G) (20 U.S.C. 1099b(a)(6)(G)), by 
    striking the period at the end and inserting a semicolon; and
        (2) in section 498(c)(2) (20 U.S.C. 1099c(c)(2)), by striking 
    ``for profit'' and inserting ``for-profit''.
    SEC. 409. WAIVER OF MASTER CALENDAR AND NEGOTIATED RULEMAKING 
      REQUIREMENTS.
    Sections 482 and 492 of the Higher Education Act of 1965 (20 U.S.C. 
1089, 1098a) shall not apply to the amendments made by this title, or 
to any regulations promulgated under those amendments.

                    TITLE V--DEVELOPING INSTITUTIONS

    SEC. 501. DEVELOPING INSTITUTIONS.
    Section 502(b)(2) (20 U.S.C. 1101a(b)(2)) is amended by striking 
``which determination'' and inserting ``which the determination''.

               TITLE VI--INTERNATIONAL EDUCATION PROGRAMS

    SEC. 601. INTERNATIONAL EDUCATION PROGRAMS.
    (a) Higher Education Act of 1965.--Title VI (20 U.S.C. 1121 et 
seq.) is amended--
        (1) in section 604(a) (20 U.S.C. 1124(a))--
            (A) in the matter preceding subparagraph (A) of paragraph 
        (2), by inserting ``the'' before ``Federal''; and
            (B) in paragraph (7)(D), by striking ``institution, 
        combination'' and inserting ``applicant, consortium,''; and
        (2) in section 622(a) (20 U.S.C. 1131-1(a)), by inserting a 
    period after ``title''.
    (b) Higher Education Opportunity Act.--The matter preceding 
paragraph (1) of section 621 of the Higher Education Opportunity Act 
(Public Law 110-315) is amended by striking ``Section 631 (20 U.S.C. 
1132)'' and inserting ``Section 631(a) (20 U.S.C. 1132(a))''.

           TITLE VII--GRADUATE AND POSTSECONDARY IMPROVEMENT

    SEC. 701. GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS.
    Title VII (20 U.S.C. 1133 et seq.) is amended--
        (1) in the matter preceding paragraph (1) of section 721(d) (20 
    U.S.C. 1136(d)), by striking ``services through'' and all that 
    follows through ``resource centers'' and inserting ``services 
    through pre-college programs, undergraduate prelaw information 
    resource centers'';
        (2) in section 723(b)(1)(P) (20 U.S.C. 1136a(b)(1)(P)), by 
    striking ``Sate'' and inserting ``State'';
        (3) in section 744(c)(6)(C) (20 U.S.C. 1138c(c)(6)(C)), by 
    inserting ``of the National Academies'' after ``Institute of 
    Medicine'';
        (4) in section 760 (20 U.S.C. 1140), by striking paragraph (1) 
    and inserting the following:
        ``(1) Comprehensive transition and postsecondary program for 
    students with intellectual disabilities.--The term `comprehensive 
    transition and postsecondary program for students with intellectual 
    disabilities' means a degree, certificate, or nondegree program 
    that meets each of the following:
            ``(A) Is offered by an institution of higher education.
            ``(B) Is designed to support students with intellectual 
        disabilities who are seeking to continue academic, career and 
        technical, and independent living instruction at an institution 
        of higher education in order to prepare for gainful employment.
            ``(C) Includes an advising and curriculum structure.
            ``(D) Requires students with intellectual disabilities to 
        participate on not less than a half-time basis as determined by 
        the institution, with such participation focusing on academic 
        components, and occurring through 1 or more of the following 
        activities:
                ``(i) Regular enrollment in credit-bearing courses with 
            nondisabled students offered by the institution.
                ``(ii) Auditing or participating in courses with 
            nondisabled students offered by the institution for which 
            the student does not receive regular academic credit.
                ``(iii) Enrollment in noncredit-bearing, nondegree 
            courses with nondisabled students.
                ``(iv) Participation in internships or work-based 
            training in settings with nondisabled individuals.
            ``(E) Requires students with intellectual disabilities to 
        be socially and academically integrated with non-disabled 
        students to the maximum extent possible.'';
        (5) in section 772 (20 U.S.C. 1140l)--
            (A) in subsection (a)(2)(A), by striking ``with in'' and 
        inserting ``with''; and
            (B) in the matter preceding subclause (I) of subsection 
        (b)(1)(C)(ii), by striking ``subparagraph (C)'' and inserting 
        ``clause (i)'';
        (6) in section 781 (20 U.S.C. 1141)--
            (A) in subsection (c)(1), by striking ``Service'' each 
        place the term appears and inserting ``Services'';
            (B) in the matter preceding paragraph (1) of subsection 
        (e)--
                (i) by striking ``(as defined'' and all that follows 
            through ``this Act)'' and inserting ``(as described in 
            section 435(p))''; and
                (ii) by striking ``435(j)'' and inserting ``428(b)'';
            (C) in subsection (g)(2), by striking ``Service'' and 
        inserting ``Services''; and
            (D) in subsection (i)--
                (i) in paragraph (1)(D), by striking ``consortia'' and 
            inserting ``consortium''; and
                (ii) in paragraph (2)--

                    (I) in the paragraph heading, by striking 
                ``consortia'' and inserting ``consortium''; and
                    (II) by striking ``consortia'' each place the term 
                appears and inserting ``consortium''.

                    TITLE VIII--ADDITIONAL PROGRAMS

    SEC. 801. ADDITIONAL PROGRAMS.
    Title VIII (20 U.S.C. 1161a et seq.) is amended--
        (1) in section 802(d)(2)(D) (20 U.S.C. 1161b(d)(2)(D)), by 
    striking ``regulation'' and inserting ``regulations'';
        (2) in section 804(d) (20 U.S.C. 1161d(d))--
            (A) in the heading, by striking ``Definition'' and 
        inserting ``Definitions''; and
            (B) by striking paragraph (2) and inserting the following:
        ``(2) Public health service act.--The terms `accredited' and 
    `school of nursing' have the meanings given those terms in section 
    801 of the Public Health Service Act (42 U.S.C. 296).'';
        (3) in section 808(a)(1) (20 U.S.C. 1161h(a)(1)), by striking 
    ``the Family Education Rights and Privacy Act of 1974'' and 
    inserting ``section 444 of the General Education Provisions Act 
    (commonly known as the `Family Educational Rights and Privacy Act 
    of 1974')'';
        (4) in section 819(b)(3) (20 U.S.C. 1161j(b)(3)), by inserting 
    a period after ``101(a)'';
        (5) in section 820 (20 U.S.C. 1161k)--
            (A) in subsection (d)(5), by inserting ``the'' before 
        ``grant'';
            (B) in subsection (f)(2), by striking ``subpart'' each 
        place the term appears and inserting ``section''; and
            (C) in subsection (h), by striking ``use'' and inserting 
        ``used'';
        (6) in section 821 (20 U.S.C. 1161l)--
            (A) in subsection (a)(1), by striking ``subsection (g)'' 
        and inserting ``subsection (f)''; and
            (B) in subsection (c)(1)(B), by striking ``within'' and 
        inserting ``in'';
        (7) in section 824(f)(3) (20 U.S.C. 1161l-3(f)(3))--
            (A) in subparagraph (A), by inserting ``a'' after 
        ``submitting''; and
            (B) in subparagraph (C), by striking ``pursing'' and 
        inserting ``pursuing'';
        (8) in section 825(a) (20 U.S.C. 1161l-4(a)), by striking ``the 
    Family Educational Rights and Privacy Act of 1974'' and inserting 
    ``commonly known as the `Family Educational Rights and Privacy Act 
    of 1974''';
        (9) in section 826(3) (20 U.S.C. 1161l-5(3)), by striking ``the 
    Family Educational Rights and Privacy Act of 1974'' and inserting 
    ``commonly known as the `Family Educational Rights and Privacy Act 
    of 1974''';
        (10) in section 830(a)(1)(B) (20 U.S.C. 1161m(a)(1)(B)), by 
    striking ``of for'' and inserting ``of'';
        (11) in section 833(e)(1) (20 U.S.C. 1161n-2(e)(1))--
            (A) in the matter preceding subparagraph (A), by striking 
        ``because of'' and inserting ``based on''; and
            (B) in subparagraph (D), by striking ``purposes of this 
        section'' and inserting ``purpose of this part'';
        (12) in section 841(c)(1) (20 U.S.C. 1161o(c)(1)), by striking 
    ``486A(d)'' and inserting ``486A(b)(1)'';
        (13) in section 851(j) (20 U.S.C. 1161p(j)), by inserting ``to 
    be appropriated'' after ``authorized''; and
        (14) in section 894(b)(2) (20 U.S.C. 1161y(b)(2)), by striking 
    ``the Family Educational Rights and Privacy Act of 1974'' and 
    inserting ``commonly known as the `Family Educational Rights and 
    Privacy Act of 1974'''.
    SEC. 802. AMENDMENTS TO OTHER HIGHER EDUCATION ACTS.
    (a) Higher Education Amendments of 1998.--
        (1) Incarcerated individuals.--Section 821(h) of the Higher 
    Education Amendments of 1998 (20 U.S.C. 1151(h)) is amended to read 
    as follows:
    ``(h) Allocation of Funds.--
        ``(1) Fiscal year 2009.--From the funds appropriated pursuant 
    to subsection (i) for fiscal year 2009, the Secretary shall allot 
    to each State an amount that bears the same relationship to such 
    funds as the total number of incarcerated individuals described in 
    paragraphs (1) and (2) of subsection (e) in the State bears to the 
    total number of such individuals in all States.
        ``(2) Future fiscal years.--From the funds appropriated 
    pursuant to subsection (i) for each fiscal year after fiscal year 
    2009, the Secretary shall allot to each State an amount that bears 
    the same relationship to such funds as the total number of students 
    eligible under subsection (e) in such State bears to the total 
    number of such students in all States.''.
        (2) Underground railroad.--Section 841(c) of the Higher 
    Education Amendments of 1998 (20 U.S.C. 1153(c)) is amended by 
    inserting ``this section'' after ``to carry out''.
    (b) Education of the Deaf Act of 1986.--Section 203(b)(2) of the 
Education of the Deaf Act of 1986 (20 U.S.C. 4353(b)(2)) is amended by 
striking ``and subsections (b) and (c) of section 209.'' and inserting 
``and subsections (a), (b), and (c) of section 209.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```