II 

109TH CONGRESS 

1ST SESSION S. 1614 

To extend the authorization of programs under the Higher Education Act 

of 1965, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 6, 2005 

Mr. ENZI (for himself and Mr. KENNEDY) introduced the following bill; which 

was read twice and referred to the Committee on Health, Education, 

Labor, and Pensions 

A BILL 

To extend the authorization of programs under the Higher 

Education Act of 1965, and for other purposes. 

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

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Higher Education Amendments of 2005’’. 

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

7 this Act is as follows: 

Sec. 1. Short title and table of contents. 

Sec. 2. References. 

Sec. 3. General effective date. 

TITLE I—GENERAL PROVISIONS 
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•S 1614 IS 

Sec. 101. Additional definitions. 

Sec. 102. General definition of institution of higher education. 

Sec. 103. Definition of institution of higher education for purposes of title IV 

programs. 

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

Sec. 105. National Advisory Committee on Institutional Quality and Integrity. 

Sec. 106. Drug and alcohol abuse prevention. 

Sec. 107. Prior rights and obligations. 

Sec. 108. Cost of higher education. 

Sec. 109. Performance-based organization for the delivery of Federal student financial assistance. 

Sec. 110. Procurement flexibility. 

TITLE II—TEACHER QUALITY ENHANCEMENT 

Sec. 201. Teacher quality enhancement grants for States and partnerships. 

TITLE III—INSTITUTIONAL AID 

Sec. 301. Program purpose. 

Sec. 302. Definitions; eligibility. 

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

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

Sec. 305. Native American-serving, nontribal institutions. 

Sec. 306. Part B definitions. 

Sec. 307. Grants to institutions. 

Sec. 308. Allotments to institutions. 

Sec. 309. Professional or graduate institutions. 

Sec. 310. Authorization of appropriations. 

Sec. 311. Technical corrections. 

TITLE IV—STUDENT ASSISTANCE 

PART A—GRANTS TO STUDENTS IN ATTENDANCE AT INSTITUTIONS OF

HIGHER EDUCATION

Sec. 401. Federal Pell Grants. 

Sec. 402. Federal trio programs. 

Sec. 403. Gaining early awareness and readiness for undergraduate programs. 

Sec. 404. Academic achievement incentive scholarships. 

Sec. 405. Federal supplemental educational opportunity grants. 

Sec. 406. Leveraging Educational Assistance Partnership Program. 

Sec. 407. Special programs for students whose families are engaged in migrant 

and seasonal farmwork. 

Sec. 408. Robert C. Byrd Honors Scholarship Program. 

Sec. 409. Child care access means parents in school. 

Sec. 410. Learning anytime anywhere partnerships. 

PART B—FEDERAL FAMILY EDUCATION LOAN PROGRAM

Sec. 421. Extension of authorities. 

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

Sec. 423. Federal consolidation loans. 

Sec. 424. Default Reduction Program. 

Sec. 425. Reports to credit bureaus and institutions of higher education. 

Sec. 426. Common forms and formats. 

Sec. 427. Student loan information by eligible borrowers. 
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•S 1614 IS 

Sec. 428. Consumer education information. 

Sec. 429. Definition of eligible lender. 

Sec. 430. Repayment by the Secretary of loans of bankrupt, deceased, or disabled borrowers; treatment of borrowers attending schools that 

fail to provide a refund, attending closed schools, or falsely certified as eligible to borrow. 

PART C—FEDERAL WORK-STUDY PROGRAMS

Sec. 441. Authorization of appropriations. 

Sec. 442. Allowance for books and supplies. 

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

Sec. 444. Job location and development programs. 

Sec. 445. Work colleges. 

PART D—WILLIAM D. FORD FEDERAL DIRECT LOAN PROGRAM

Sec. 451. Funds for administrative expenses. 

PART E—FEDERAL PERKINS LOANS

Sec. 461. Program authority. 

Sec. 462. Terms of loans. 

Sec. 463. Cancellation of loans for certain public service. 

PART F—NEED ANALYSIS

Sec. 471. Cost of attendance. 

Sec. 472. Definitions. 

PART G—GENERAL PROVISIONS RELATING TO STUDENT ASSISTANCE

Sec. 481. Definition of academic and award year. 

Sec. 482. Compliance calendar. 

Sec. 483. Forms and regulations. 

Sec. 484. Student eligibility. 

Sec. 485. Statute of limitations and state court judgments. 

Sec. 486. Institutional refunds. 

Sec. 487. Institutional and financial assistance for students. 

Sec. 488. National student loan data system. 

Sec. 489. Early awareness of financial aid eligibility and demonstration program to provide early estimates and early awards of financial 

aid. 

Sec. 490. College Access Initiative. 

Sec. 491. Program participation agreements. 

Sec. 492. Regulatory relief and improvement. 

Sec. 493. Transfer of allotments. 

Sec. 494. Wage garnishment requirement. 

Sec. 495. Purpose of administrative payments. 

Sec. 496. Advisory Committee on Student Financial Assistance. 

Sec. 497. Regional meetings. 

Sec. 498. Year 2000 requirements at the Department. 

PART H—PROGRAM INTEGRITY

Sec. 499. Recognition of accrediting agency or association. 

Sec. 499A. Administrative capacity standard. 

Sec. 499B. Program review and data. 
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TITLE V—DEVELOPING INSTITUTIONS 

Sec. 501. Definitions. 

Sec. 502. Authorized activities. 

Sec. 503. Duration of grant. 

Sec. 504. Postbaccalaureate opportunities for Hispanic Americans. 

Sec. 505. Applications. 

Sec. 506. Cooperative arrangements. 

Sec. 507. Authorization of appropriations. 

TITLE VI—INTERNATIONAL EDUCATION PROGRAMS 

Sec. 601. Findings. 

Sec. 602. Graduate and undergraduate language and area centers and programs. 

Sec. 603. Undergraduate international studies and foreign language programs. 

Sec. 604. Research; studies. 

Sec. 605. Technological innovation and cooperation for foreign information access. 

Sec. 606. Selection of certain grant recipients. 

Sec. 607. American overseas research centers. 

Sec. 608. Authorization of appropriations for international and foreign language studies. 

Sec. 609. Centers for international business education. 

Sec. 610. Education and training programs. 

Sec. 611. Authorization of appropriations for business and international education programs. 

Sec. 612. Minority foreign service professional development program. 

Sec. 613. Institutional development. 

Sec. 614. Study abroad program. 

Sec. 615. Advanced degree in international relations. 

Sec. 616. Internships. 

Sec. 617. Financial assistance. 

Sec. 618. Report. 

Sec. 619. Gifts and donations. 

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

Public Policy. 

Sec. 621. Definitions. 

Sec. 622. Assessment and enforcement. 

TITLE VII—GRADUATE AND POSTSECONDARY IMPROVEMENT 

PROGRAMS 

Sec. 701. Purpose. 

Sec. 702. Allocation of Jacob K. Javits Fellowships. 

Sec. 703. Stipends. 

Sec. 704. Authorization of appropriations for the Jacob K. Javits Fellowship 

Program. 

Sec. 705. Institutional eligibility under the Graduate Assistance in Areas of National Need Program. 

Sec. 706. Awards to graduate students. 

Sec. 707. Additional assistance for cost of education. 

Sec. 708. Authorization of appropriations for the Graduate Assistance in Areas 

of National Need Program. 

Sec. 709. Authorization of appropriations for the Thurgood Marshall Legal 

Educational Opportunity Program. 
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•S 1614 IS 

Sec. 710. Fund for the improvement of postsecondary education. 

Sec. 711. Special projects. 

Sec. 712. Authorization of appropriations for the fund for the improvement of 

postsecondary education. 

Sec. 713. Authorization of appropriations for the urban community service program. 

Sec. 714. Grants authorized for demonstration projects to ensure students with 

disabilities receive a quality higher education. 

Sec. 715. Applications for demonstration projects to ensure students with disabilities receive a quality higher education. 

Sec. 716. Authorization of appropriations for the demonstration projects to ensure students with disabilities receive a quality higher education. 

TITLE VIII—MISCELLANEOUS 

Sec. 801. Mathematics and Science Scholars Program. 

TITLE IX—AMENDMENTS TO OTHER LAWS 

PART A—EDUCATION OF THE DEAF ACT OF 1986 

Sec. 901. Laurent Clerc National Deaf Education Center. 

Sec. 902. Agreement with Gallaudet University. 

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

Sec. 904. Cultural experiences grants. 

Sec. 905. Audit. 

Sec. 906. Reports. 

Sec. 907. Monitoring, evaluation, and reporting. 

Sec. 908. Liaison for educational programs. 

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

Sec. 910. Oversight and effect of agreements. 

Sec. 911. International students. 

Sec. 912. Research priorities. 

Sec. 913. Authorization of appropriations. 

PART B—UNITED STATES INSTITUTE OF PEACE ACT

Sec. 921. United States Institute of Peace Act. 

PART C—THE HIGHER EDUCATION AMENDMENTS OF 1998 

Sec. 931. Repeals. 

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

incarcerated youth offenders. 

PART D—INDIAN EDUCATION

SUBPART 1—TRIBAL COLLEGES AND UNIVERSITIES

Sec. 941. Tribally Controlled College and University Assistance. 

SUBPART 2—NAVAJO HIGHER EDUCATION

Sec. 945. Short title. 

Sec. 946. Reauthorization of the Navajo Community College Act. 

TITLE X—RECONCILIATION 
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•S 1614 IS 

Sec. 1001. Provisional grant assistance program. 

Sec. 1002. National SMART grants. 

Sec. 1003. Loan limits. 

Sec. 1004. PLUS loan interest rates and zero special allowance payment. 

Sec. 1005. Reduction of lender insurance reimbursement rates. 

Sec. 1006. Guaranty agency origination fee. 

Sec. 1007. Deferment of student loans for military service. 

Sec. 1008. Rehabilitation through consolidation. 

Sec. 1009. Single holder rule. 

Sec. 1010. Default reduction program. 

Sec. 1011. Requirements for disbursements of student loans. 

Sec. 1012. Special insurance and reinsurance rules. 

Sec. 1013. School as lender moratorium. 

Sec. 1014. Permanent reduction of special allowance payments for loans from 

the proceeds of tax exempt issues. 

Sec. 1015. Loan fees from lenders. 

Sec. 1016. Origination fee. 

Sec. 1017. Income contingent repayment for public sector employees. 

Sec. 1018. Income protection allowance for dependent students. 

Sec. 1019. Simplified need test and automatic zero improvements. 

Sec. 1020. Loan forgiveness for teachers. 

1 SEC. 2. REFERENCES. 

2 Except as otherwise expressly provided, whenever in 

3 this Act an amendment or repeal is expressed in terms 

4 of an amendment to, or repeal of, a section or other provi5 sion, the reference shall be considered to be made to a 

6 section or other provision of the Higher Education Act of 

7 1965 (20 U.S.C. 1001 et seq.). 

8 SEC. 3. GENERAL EFFECTIVE DATE. 

9 Except as otherwise provided in this Act or the 

10 amendments made by this Act, the amendments made by 

11 this Act shall take effect on July 1, 2006. 

12 TITLE I—GENERAL PROVISIONS 

13 SEC. 101. ADDITIONAL DEFINITIONS. 

14 (a) AMENDMENT.—Section 103 (20 U.S.C. 1003) is 

15 amended— 
7 

•S 1614 IS 

1 (1) by redesignating paragraphs (1) through 

2 (16) as paragraphs (2) through (17), respectively; 

3 and 

4 (2) by inserting before paragraph (2) (as redes5 ignated by paragraph (1)) the following: 

6 ‘‘(1) AUTHORIZING COMMITTEES.—The term 

7 ‘authorizing committees’ means the Committee on 

8 Health, Education, Labor, and Pensions of the Sen9 ate and the Committee on Education and the Work10 force of the House of Representatives.’’. 

11 (b) CONFORMING AMENDMENTS.—The Act (20 

12 U.S.C. 1001 et seq.) is amended— 

13 (1) in section 131(a)(3)(B) (20 U.S.C. 

14 1015(a)(3)(B)), by striking ‘‘Committee on Labor 

15 and Human Resources of the Senate and the Com16 mittee on Education and the Workforce of the 

17 House of Representatives’’ and inserting ‘‘author18 izing committees’’; 

19 (2) in section 141(d)(4)(B) (20 U.S.C. 

20 1018(d)(4)(B)), by striking ‘‘Committee on Edu21 cation and the Workforce of the House of Rep22 resentatives and the Committee on Labor and 

23 Human Resources of the Senate’’ and inserting ‘‘au24 thorizing committees’’; 

25 (3) in section 206 (20 U.S.C. 1026)— 
8 

•S 1614 IS 

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

2 of subsection (a), by striking ‘‘, the Committee 

3 on Labor and Human Resources of the Senate, 

4 and the Committee on Education and the 

5 Workforce of the House of Representatives’’ 

6 and inserting ‘‘and the authorizing commit7 tees’’; and 

8 (B) in subsection (d), by striking ‘‘Com9 mittee on Labor and Human Resources of the 

10 Senate and the Committee on Education and 

11 the Workforce of the House of Representatives’’ 

12 and inserting ‘‘authorizing committees’’; 

13 (4) in section 207(c)(1) (20 U.S.C. 1027(c)(1)), 

14 by striking ‘‘Committee on Labor and Human Re15 sources of the Senate and the Committee on Edu16 cation and the Workforce of the House of Rep17 resentatives’’ and inserting ‘‘authorizing commit18 tees’’; 

19 (5) in section 401(f)(3) (20 U.S.C. 

20 1070a(f)(3)), by striking ‘‘to the Committee on Ap21 propriations’’ and all that follows through ‘‘House of 

22 Representatives’’ and inserting ‘‘to the Committee 

23 on Appropriations of the Senate, the Committee on 

24 Appropriations of the House of Representatives, and 

25 the authorizing committees’’; 
9 

•S 1614 IS 

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

2 (A) in subsection (c)(9)(K), by striking 

3 ‘‘House Committee on Education and the 

4 Workforce and the Senate Committee on Labor 

5 and Human Resources’’ and inserting ‘‘author6 izing committees’’; 

7 (B) in the matter following paragraph (2) 

8 of subsection (g), by striking ‘‘Committee on 

9 Labor and Human Resources of the Senate and 

10 the Committee on Education and the Workforce 

11 of the House of Representatives’’ and inserting 

12 ‘‘authorizing committees’’; and 

13 (C) in subsection (n)(4), ‘‘Committee on 

14 Education and the Workforce of the House of 

15 Representatives and the Committee on Labor 

16 and Human Resources of the Senate’’ and in17 serting ‘‘authorizing committees’’; 

18 (7) in section 428A (20 U.S.C. 1078–1)— 

19 (A) in the matter preceding subparagraph 

20 (A) of subsection (a)(4), by striking ‘‘Com21 mittee on Labor and Human Resources of the 

22 Senate and the Committee on Education and 

23 the Workforce of the House of Representatives’’ 

24 and inserting ‘‘authorizing committees’’; and 

25 (B) in subsection (c)— 
10 

•S 1614 IS 

1 (i) in the matter preceding subpara2 graph (A) of paragraph (2), by striking 

3 ‘‘Chairperson’’ and all that follows through 

4 ‘‘House of Representatives’’ and inserting 

5 ‘‘Chairpersons and Ranking Members of 

6 the authorizing committees’’; 

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

8 ‘‘Chairperson’’ and all that follows through 

9 ‘‘House of Representatives’’ and inserting 

10 ‘‘Chairpersons and Ranking Members of 

11 the authorizing committees’’; and 

12 (iii) in paragraph (5), by striking 

13 ‘‘Chairperson’’ and all that follows through 

14 ‘‘House of Representatives’’ and inserting 

15 ‘‘Chairpersons and Ranking Members of 

16 the authorizing committees’’; 

17 (8) in the matter preceding paragraph (1) of 

18 section 428I(h) (20 U.S.C. 1078–9(h)), by striking 

19 ‘‘Chairman’’ and all that follows through ‘‘Education 

20 and Labor’’ and inserting ‘‘Chairpersons of the au21 thorizing committees’’; 

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

23 (A) in subsection (f)(1)(C), by striking 

24 ‘‘the Committee on Education and the Work25 force of the House of Representatives or the 
11 

•S 1614 IS 

1 Committee on Labor and Human Resources of 

2 the Senate’’ and inserting ‘‘either of the author3 izing committees’’; and 

4 (B) in the matter following subparagraph 

5 (D) of subsection (n)(3), by striking ‘‘Com6 mittee on Education and the Workforce of the 

7 House of Representatives and the Committee 

8 on Labor and Human Resources of the Senate’’ 

9 and inserting ‘‘authorizing committees’’; 

10 (10) in section 437(c)(1) (20 U.S.C. 

11 1087(c)(1)), by striking ‘‘Committee on Education 

12 and the Workforce of the House of Representatives 

13 and the Committee on Labor and Human Resources 

14 of the Senate’’ and inserting ‘‘authorizing commit15 tees’’; 

16 (11) in section 439 (20 U.S.C. 1087–2)— 

17 (A) in subsection (d)(1)(E)(iii), by striking 

18 ‘‘advise the Chairman’’ and all that follows 

19 through ‘‘House of Representatives’’ and insert20 ing ‘‘advise the Chairpersons and Ranking 

21 Members of the authorizing committees’’; 

22 (B) in subsection (r)— 

23 (i) in paragraph (3), by striking ‘‘in24 form the Chairman’’ and all that follows 

25 through ‘‘House of Representatives,’’ and 
12 

•S 1614 IS 

1 inserting ‘‘inform the Chairpersons and 

2 Ranking Members of the authorizing com3 mittees’’; 

4 (ii) in paragraph (5)(B), by striking 

5 ‘‘plan, to the Chairman’’ and all that fol6 lows through ‘‘Education and Labor’’ and 

7 inserting ‘‘plan, to the Chairpersons and 

8 Ranking Members of the authorizing com9 mittees’’; 

10 (iii) in paragraph (6)(B)— 

11 (I) by striking ‘‘plan, to the 

12 Chairman’’ and all that follows 

13 through ‘‘House of Representatives’’ 

14 and inserting ‘‘plan, to the Chair15 persons and Ranking Members of the 

16 authorizing committees’’; and 

17 (II) by striking ‘‘Chairmen and 

18 ranking minority members of such 

19 Committees’’ and inserting ‘‘Chair20 persons and Ranking Members of the 

21 authorizing committees’’; 

22 (iv) in paragraph (8)(C), by striking 

23 ‘‘implemented to the Chairman’’ and all 

24 that follows through ‘‘House of Represent25 atives, and’’ and inserting ‘‘implemented to 
13 

•S 1614 IS 

1 the Chairpersons and Ranking Members of 

2 the authorizing committees, and to’’; and 

3 (v) in the matter preceding subpara4 graph (A) of paragraph (10), by striking 

5 ‘‘days to the Chairman’’ and all that fol6 lows through ‘‘Education and Labor’’ and 

7 inserting ‘‘days to the Chairpersons and 

8 Ranking Members of the authorizing com9 mittees’’; and 

10 (C) in subsection (s)(2)— 

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

12 of subparagraph (A), by striking ‘‘Treas13 ury and to the Chairman’’ and all that fol14 lows through ‘‘House of Representatives’’ 

15 and inserting ‘‘Treasury and to the Chair16 persons and Ranking Members of the au17 thorizing committees’’; and 

18 (ii) in subparagraph (B), by striking 

19 ‘‘Treasury and to the Chairman’’ and all 

20 that follows through ‘‘House of Represent21 atives’’ and inserting ‘‘Treasury and to the 

22 Chairpersons and Ranking Members of the 

23 authorizing committees’’; 

24 (12) in section 455(b)(8)(B) (20 U.S.C. 

25 1087e(b)(8)(B)), by striking ‘‘Committee on Labor 
14 

•S 1614 IS 

1 and Human Resources of the Senate and the Com2 mittee on Education and the Workforce of the 

3 House of Representatives’’ and inserting ‘‘author4 izing committees’’; 

5 (13) in section 482(d) (20 U.S.C. 1089(d)), by 

6 striking ‘‘Committee on Labor and Human Re7 sources of the Senate and the Committee on Edu8 cation and Labor of the House of Representatives’’ 

9 and inserting ‘‘authorizing committees’’; 

10 (14) in section 483(c) (20 U.S.C. 1090(c)), by 

11 striking ‘‘Committee on Labor and Human Re12 sources of the Senate and the Committee on Edu13 cation and the Workforce of the House of Rep14 resentatives’’ and inserting ‘‘authorizing commit15 tees’’; 

16 (15) in section 485 (20 U.S.C. 1092)— 

17 (A) in subsection (f)(5)(A), by striking 

18 ‘‘Committee on Education and the Workforce of 

19 the House of Representatives and the Com20 mittee on Labor and Human Resources of the 

21 Senate’’ and inserting ‘‘authorizing commit22 tees’’; and 

23 (B) in subsection (g)(4)(B), by striking 

24 ‘‘Committee on Education and the Workforce of 

25 the House of Representatives and the Com-
15 

•S 1614 IS 

1 mittee on Labor and Human Resources of the 

2 Senate’’ and inserting ‘‘authorizing commit3 tees’’; 

4 (16) in section 486 (20 U.S.C. 1093)— 

5 (A) in subsection (e), by striking ‘‘Com6 mittee on Labor and Human Resources of the 

7 Senate and the Committee on Education and 

8 the Workforce of the House of Representatives’’ 

9 and inserting ‘‘authorizing committees’’; and 

10 (B) in subsection (f)(3)— 

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

12 of subparagraph (A), by striking ‘‘Com13 mittee on Labor and Human Resources of 

14 the Senate and the Committee on Edu15 cation and the Workforce of the House of 

16 Representatives’’ and inserting ‘‘author17 izing committees’’; and 

18 (ii) in the matter preceding clause (i) 

19 of subparagraph (B), by striking ‘‘Com20 mittee on Labor and Human Resources of 

21 the Senate and the Committee on Edu22 cation and the Workforce of the House of 

23 Representatives’’ and inserting ‘‘author24 izing committees’’; 

25 (17) in section 487A (20 U.S.C. 1094a)— 
16 

•S 1614 IS 

1 (A) in subsection (a)(5), by striking ‘‘Com2 mittee on Labor and Human Resources of the 

3 Senate and the Committee on Education and 

4 the Workforce of the House of Representatives’’ 

5 and inserting ‘‘authorizing committees’’; and 

6 (B) in subsection (b)(3)(B), in the matter 

7 preceding clause (i)— 

8 (i) by striking ‘‘Committee on Labor 

9 and Human Resources of the Senate and 

10 the Committee on Education and the 

11 Workforce of the House of Representa12 tives’’ and inserting ‘‘authorizing commit13 tees’’; and 

14 (ii) by striking ‘‘such Committees’’ 

15 and inserting ‘‘the authorizing commit16 tees’’; 

17 (18) in section 493A(a)(5) (20 U.S.C. 

18 1098c(a)(5)), by striking ‘‘Chairperson of the Com19 mittee on Labor and Human Resources of the Sen20 ate and the Chairperson of the Committee on Edu21 cation and the Workforce of the House of Rep22 resentatives’’ and inserting ‘‘Chairpersons of the au23 thorizing committees’’; and 

24 (19) in section 498B(d) (20 U.S.C. 1099c– 

25 2(d))— 
17 

•S 1614 IS 

1 (A) in paragraph (1), by striking ‘‘Com2 mittee on Labor and Human Resources of the 

3 Senate and the Committee on Education and 

4 the Workforce of the House of Representatives’’ 

5 and inserting ‘‘authorizing committees’’; and 

6 (B) in paragraph (2), by striking ‘‘Com7 mittee on Labor and Human Resources of the 

8 Senate and the Committee on Education and 

9 the Workforce of the House of Representatives’’ 

10 and inserting ‘‘authorizing committees’’. 

11 SEC. 102. GENERAL DEFINITION OF INSTITUTION OF HIGH12 ER EDUCATION. 

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

14 (1) in subsection (a)(3), by inserting ‘‘, or 

15 awards a degree that is acceptable for admission to 

16 a graduate or professional degree program, subject 

17 to the review and approval by the Secretary’’ after 

18 ‘‘such a degree’’; and 

19 (2) by striking subsection (b)(2) and inserting 

20 the following: 

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

22 institution in any State that, in lieu of the require23 ment in subsection (a)(1), admits as regular stu24 dents persons— 
18 

•S 1614 IS 

1 ‘‘(A) who meet the requirements of section 

2 484(d)(3); 

3 ‘‘(B) who are beyond the age of compul4 sory school attendance in the State in which the 

5 institution is located; or 

6 ‘‘(C) who will be dually or concurrently en7 rolled in such institution and a secondary 

8 school.’’. 

9 SEC. 103. DEFINITION OF INSTITUTION OF HIGHER EDU10 CATION FOR PURPOSES OF TITLE IV PRO11 GRAMS. 

12 Section 102 (20 U.S.C. 1002) is amended— 

13 (1) in subsection (a)— 

14 (A) by striking paragraph (2)(A)(i) and in15 serting the following: 

16 ‘‘(i) in the case of a graduate medical 

17 school located outside the United States— 

18 ‘‘(I) at least 60 percent of those 

19 enrolled in, and at least 60 percent of 

20 the graduates of, the graduate med21 ical school outside the United States 

22 were not persons described in section 

23 484(a)(5) in the year preceding the 

24 year for which a student is seeking a 

25 loan under part B of title IV; and 
19 

•S 1614 IS 

1 ‘‘(II) at least 60 percent of the 

2 individuals who were students or 

3 graduates of the graduate medical 

4 school outside the United States or 

5 Canada (both nationals of the United 

6 States and others) taking the exami7 nations administered by the Edu8 cational Commission for Foreign Med9 ical Graduates received a passing 

10 score in the year preceding the year 

11 for which a student is seeking a loan 

12 under part B of title IV; or’’; 

13 (B) by striking paragraph (3) and insert14 ing the following: 

15 ‘‘(3) LIMITATIONS BASED ON ENROLLMENT.— 

16 An institution shall not be considered to meet the 

17 definition of an institution of higher education in 

18 paragraph (1) if such institution— 

19 ‘‘(A) has a student enrollment in which 

20 more than 25 percent of the students are incar21 cerated, except that the Secretary may waive 

22 the limitation contained in this subparagraph 

23 for a nonprofit institution that provides a 2- or 

24 4-year program of instruction (or both) for 

25 which the institution awards a bachelor’s de-
20 

•S 1614 IS 

1 gree, or an associate’s degree or a postsec2 ondary diploma, respectively; or 

3 ‘‘(B) has a student enrollment in which 

4 more than 50 percent of the students do not 

5 have a secondary school diploma or its recog6 nized equivalent, and does not provide a 2- or 

7 4-year program of instruction (or both) for 

8 which the institution awards a bachelor’s degree 

9 or an associate’s degree, respectively, except 

10 that the Secretary may waive the limitation 

11 contained in this subparagraph if a nonprofit 

12 institution demonstrates to the satisfaction of 

13 the Secretary that the institution exceeds such 

14 limitation because the institution serves, 

15 through contracts with Federal, State, or local 

16 government agencies, significant numbers of 

17 students who do not have a secondary school di18 ploma or its recognized equivalent.’’; 

19 (C) by redesignating paragraphs (4), (5), 

20 and (6), as paragraphs (5), (6), and (7), re21 spectively; and 

22 (D) by inserting after paragraph (3) the 

23 following: 

24 ‘‘(4) LIMITATIONS BASED ON MODE OF DELIV25 ERY.— 
21 

•S 1614 IS 

1 ‘‘(A) IN GENERAL.—An institution shall 

2 not be considered to meet the definition of an 

3 institution of higher education in paragraph (1) 

4 if such institution— 

5 ‘‘(i) offers more than 50 percent of 

6 such institution’s courses by correspond7 ence, unless the institution is an institution 

8 that meets the definition in section 3(3)(C) 

9 of the Carl D. Perkins Vocational and 

10 Technical Education Act of 1998; or 

11 ‘‘(ii) enrolls 50 percent or more of the 

12 institution’s students in correspondence 

13 courses, unless the institution is an institu14 tion that meets the definition in such sec15 tion 3(3)(C), except that the Secretary, at 

16 the request of such institution, may waive 

17 the applicability of this subparagraph to 

18 such institution for good cause, as deter19 mined by the Secretary in the case of an 

20 institution of higher education that pro21 vides a 2- or 4-year program of instruction 

22 (or both) for which the institution awards 

23 an associate or baccalaureate degree, re24 spectively. 
22 

•S 1614 IS 

1 ‘‘(B) DISTANCE EDUCATION PROGRAM ELI2 GIBILITY.—Notwithstanding subparagraph (A), 

3 an institution of higher education, other than a 

4 foreign institution, that offers education or 

5 training programs principally through distance 

6 education shall be considered to meet the defini7 tion of an institution of higher education in 

8 paragraph (1) if such institution— 

9 ‘‘(i) has been evaluated and deter10 mined (before or after the date of enact11 ment of the Higher Education Amend12 ments of 2005) to have capability to effec13 tively deliver distance education programs 

14 by an accrediting agency or association 

15 that— 

16 ‘‘(I) is recognized by the Sec17 retary under title IV; and 

18 ‘‘(II) has evaluation of distance 

19 education programs within the scope 

20 of its recognition, as described in sec21 tion 496(n)(3); 

22 ‘‘(ii) is otherwise eligible to participate 

23 in programs authorized under title IV; 

24 ‘‘(iii) has not had its participation in 

25 programs under title IV suspended or ter-
23 

•S 1614 IS 

1 minated within the 5 years preceding the 

2 year for which the determination is made; 

3 ‘‘(iv) has not had, or failed to resolve, 

4 an audit finding or program review finding 

5 under this Act during the 2 years pre6 ceding the year for which the determina7 tion is made that, following any appeal to 

8 the Secretary, resulted in the institution 

9 being required to repay an amount that is 

10 equal to or greater than 25 percent of the 

11 total funds the institution received under 

12 the programs authorized under title IV for 

13 the most recent award year; and 

14 ‘‘(v) has met the requirements of sec15 tion 487(d), if applicable. 

16 ‘‘(C) DEFINITION.— 

17 ‘‘(i) IN GENERAL.—In this Act, except 

18 as otherwise provided, the term ‘distance 

19 education’ means a course or program that 

20 uses 1 or more of the technologies de21 scribed in clause (ii) to— 

22 ‘‘(I) deliver instruction to stu23 dents who are separated from the in24 structor; and 
24 

•S 1614 IS 

1 ‘‘(II) support regular and sub2 stantive interaction between the stu3 dents and the instructor, either syn4 chronously or asynchronously. 

5 ‘‘(ii) INCLUSIONS.—For the purposes 

6 of clause (i), the technologies used may in7 clude— 

8 ‘‘(I) the Internet; 

9 ‘‘(II) one-way and two-way trans10 missions through open broadcast, 

11 closed circuit, cable, microwave, 

12 broadband lines, fiber optics, satellite, 

13 or wireless communications devices; 

14 ‘‘(III) audio conferencing; or 

15 ‘‘(IV) video cassette, DVDs, and 

16 CD–ROMs, provided that they are 

17 used in a course in conjunction with 

18 the technologies listed in subclauses 

19 (I) through (III).’’; and 

20 (2) in subsection (b)(1)— 

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

22 ‘‘and’’ after the semicolon; 

23 (B) in subparagraph (E), by striking ‘‘; 

24 and’’ and inserting a period; and 

25 (C) by striking subparagraph (F). 
25 

•S 1614 IS 

1 SEC. 104. PROTECTION OF STUDENT SPEECH AND ASSOCIA2 TION RIGHTS. 

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

4 (1) in subsection (a)— 

5 (A) by inserting ‘‘(1)’’ before ‘‘It is the 

6 sense’’; and 

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

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

9 ‘‘(A) the diversity of institutions and edu10 cational missions is one of the key strengths of 

11 American higher education; 

12 ‘‘(B) individual colleges and universities have 

13 different missions and each institution should design 

14 its academic program in accordance with its edu15 cational goals; 

16 ‘‘(C) within the context of institutional mission, 

17 a college should facilitate the free and open ex18 change of ideas; 

19 ‘‘(D) students should not be intimated, har20 assed, discouraged from speaking out, or discrimi21 nated against; 

22 ‘‘(E) students should be treated equally and 

23 fairly; and 

24 ‘‘(F) nothing in this paragraph shall be con25 strued to modify, change, or infringe upon any con-
26 

•S 1614 IS 

1 stitutionally protected religious liberty, freedom, ex2 pression, or association.’’; and 

3 (2) in subsection (b)(1), by inserting ‘‘, pro4 vided that the imposition of such sanction is done 

5 objectively and fairly’’ after ‘‘higher education’’. 

6 SEC. 105. NATIONAL ADVISORY COMMITTEE ON INSTITU7 TIONAL QUALITY AND INTEGRITY. 

8 Section 114(g) (20 U.S.C. 1011c(g)) is amended by 

9 striking ‘‘September 30, 2004’’ and inserting ‘‘September 

10 30, 2011’’. 

11 SEC. 106. DRUG AND ALCOHOL ABUSE PREVENTION. 

12 Section 120 (20 U.S.C. 1011i) is amended by striking 

13 subsections (e) and (f) and inserting the following: 

14 ‘‘(e) GRANTS DIRECTED AT REDUCING HIGHER

15 EDUCATION DRUG AND ALCOHOL ABUSE.— 

16 ‘‘(1) AUTHORIZATION OF PROGRAM.—The Sec17 retary may award grants to eligible entities to enable 

18 the entities to reduce the rate of drug abuse, under19 age alcohol use, and binge drinking among students 

20 at institutions of higher education. 

21 ‘‘(2) APPLICATIONS.—An eligible entity that de22 sires to receive a grant under this subsection shall 

23 submit an application to the Secretary at such time, 

24 in such manner, and accompanied by such informa-
27 

•S 1614 IS 

1 tion as the Secretary may require. Each application 

2 shall include— 

3 ‘‘(A) a description of how the eligible enti4 ty will work to enhance an existing, or where 

5 none exists to build a, statewide coalition; 

6 ‘‘(B) a description of how the eligible enti7 ty will target underage students in the State; 

8 ‘‘(C) a description of how the eligible enti9 ty intends to ensure that the statewide coalition 

10 is actually implementing the purpose described 

11 in paragraph (1) and moving toward the 

12 achievement indicators described in paragraph 

13 (4); 

14 ‘‘(D) a list of the members of the statewide 

15 coalition or interested parties involved in the 

16 work of the eligible entity; 

17 ‘‘(E) a description of how the eligible enti18 ty intends to work with State agencies on sub19 stance abuse prevention and education; 

20 ‘‘(F) the anticipated impact of funds pro21 vided under this subsection in reducing the 

22 rates of drug abuse and underage alcohol use; 

23 ‘‘(G) outreach strategies, including ways in 

24 which the eligible entity proposes to— 

25 ‘‘(i) reach out to students; 
28 

•S 1614 IS 

1 ‘‘(ii) promote the purpose described in 

2 paragraph (1); 

3 ‘‘(iii) address the range of needs of 

4 the students and the surrounding commu5 nities; and 

6 ‘‘(iv) address community norms for 

7 underage students regarding drug abuse 

8 and alcohol use; and 

9 ‘‘(H) such additional information as re10 quired by the Secretary. 

11 ‘‘(3) USES OF FUNDS.—Each eligible entity 

12 that receives a grant under this subsection shall use 

13 the grant funds to carry out the activities described 

14 in such entity’s application submitted pursuant to 

15 paragraph (2). 

16 ‘‘(4) ACCOUNTABILITY.—On the date on which 

17 the Secretary first publishes a notice in the Federal 

18 Register soliciting applications for grants under this 

19 subsection, the Secretary shall include in the notice 

20 achievement indicators for the program authorized 

21 under this subsection. The achievement indicators 

22 shall be designed— 

23 ‘‘(A) to measure the impact that the state24 wide coalitions assisted under this subsection 

25 are having on the institutions of higher edu-
29 

•S 1614 IS 

1 cation and the surrounding communities, in2 cluding changes in the number of alcohol and 

3 drug-related abuse incidents of any kind (in4 cluding violations, physical assaults, sexual as5 saults, reports of intimidation, disruptions of 

6 school functions, disruptions of student studies, 

7 mental health referrals, illnesses, or deaths); 

8 ‘‘(B) to measure the quality and accessi9 bility of the programs or information offered by 

10 the statewide coalitions; and 

11 ‘‘(C) to provide such other measures of 

12 program impact as the Secretary determines 

13 appropriate. 

14 ‘‘(5) SUPPLEMENT NOT SUPPLANT.—Grant 

15 funds provided under this subsection shall be used to 

16 supplement, and not supplant, Federal and non-Fed17 eral funds available for carrying out the activities 

18 described in this subsection. 

19 ‘‘(6) DEFINITIONS.—In this subsection: 

20 ‘‘(A) ELIGIBLE ENTITY.—The term ‘eligi21 ble entity’ means a State, an institution of 

22 higher education, or a nonprofit entity. 

23 ‘‘(B) INSTITUTION OF HIGHER EDU24 CATION.—The term ‘institution of higher edu-
30 

•S 1614 IS 

1 cation’ has the meaning given the term in sec2 tion 101(a). 

3 ‘‘(C) STATE.—The term ‘State’ means 

4 each of the 50 States, the District of Columbia, 

5 and the Commonwealth of Puerto Rico. 

6 ‘‘(D) STATEWIDE COALITION.—The term 

7 ‘statewide coalition’ means a coalition that— 

8 ‘‘(i) includes— 

9 ‘‘(I) institutions of higher edu10 cation within a State; and 

11 ‘‘(II) a nonprofit group, a com12 munity drug abuse or underage drink13 ing prevention coalition, or another 

14 substance abuse prevention group 

15 within a State; and 

16 ‘‘(ii) works toward lowering the alco17 hol abuse rate by targeting underage stu18 dents at institutions of higher education 

19 throughout the State and in the sur20 rounding communities. 

21 ‘‘(E) SURROUNDING COMMUNITY.—The 

22 term ‘surrounding community’ means the com23 munity— 
31 

•S 1614 IS 

1 ‘‘(i) that surrounds an institution of 

2 higher education participating in a state3 wide coalition; 

4 ‘‘(ii) where the students from the in5 stitution of higher education take part in 

6 the community; and 

7 ‘‘(iii) where students from the institu8 tion of higher education live in off-campus 

9 housing. 

10 ‘‘(7) ADMINISTRATIVE EXPENSES.—Not more 

11 than 5 percent of a grant awarded under this sub12 section may be expended for administrative ex13 penses. 

14 ‘‘(8) AUTHORIZATION OF APPROPRIATIONS.— 

15 There are authorized to be appropriated to carry out 

16 this subsection such sums as may be necessary for 

17 fiscal year 2006 and each of the 5 succeeding fiscal 

18 years.’’. 

19 SEC. 107. PRIOR RIGHTS AND OBLIGATIONS. 

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

21 (1) in paragraph (1), by striking ‘‘1999’’ and 

22 inserting ‘‘2006’’; and 

23 (2) in paragraph (2), by striking ‘‘1999’’ and 

24 inserting ‘‘2006’’. 
32 

•S 1614 IS 

1 SEC. 108. COST OF HIGHER EDUCATION. 

2 Section 131 (20 U.S.C. 1015) is amended— 

3 (1) by striking subsection (b) and inserting the 

4 following: 

5 ‘‘(b) COLLEGE CONSUMER INFORMATION.— 

6 ‘‘(1) IN GENERAL.—The Secretary shall make 

7 available to the public, on an annual basis, the infor8 mation described in paragraph (2), in a form that 

9 enables the public to compare the information 

10 among institutions of higher education. Such infor11 mation shall be made available for each of the cat12 egories described in paragraph (3) and updated reg13 ularly. 

14 ‘‘(2) INFORMATION.—The information de15 scribed in this paragraph is the following: 

16 ‘‘(A) Tuition and fees for a full-time un17 dergraduate student. 

18 ‘‘(B) Cost of attendance for a full-time un19 dergraduate student. 

20 ‘‘(C) The average annual cost of attend21 ance for a full-time undergraduate student for 

22 the 10 academic years preceding the year for 

23 which the information is made available under 

24 this subsection, or if data are not available for 

25 such 10 preceding academic years, data for as 
33 

•S 1614 IS 

1 many of such 10 preceding academic years as 

2 are available. 

3 ‘‘(D) The percentage of full-time under4 graduate students receiving financial assistance, 

5 including— 

6 ‘‘(i) Federal grants; 

7 ‘‘(ii) State and local grants; 

8 ‘‘(iii) institutional grants; and 

9 ‘‘(iv) loans to students. 

10 ‘‘(E) The percentage of students success11 fully transferring academic credit from another 

12 institution of higher education. 

13 ‘‘(F) Information regarding students who 

14 have completed an undergraduate certificate or 

15 degree program and who are placed in employ16 ment. 

17 ‘‘(G) Information regarding students who 

18 have completed an undergraduate degree and 

19 who enroll in graduate education. 

20 ‘‘(H) A ranking of the dollar and percent21 age increases in tuition for all institutions of 

22 higher education for which data are available, 

23 disaggregated by quartiles. 

24 ‘‘(3) CATEGORIES.—The categories described in 

25 this paragraph are as follows: 
34 

•S 1614 IS 

1 ‘‘(A) All institutions of higher education. 

2 ‘‘(B) 4-year public, degree-granting, insti3 tutions of higher education. 

4 ‘‘(C) 2-year public, degree-granting, insti5 tutions of higher education. 

6 ‘‘(D) 4-year, nonprofit, private, degree7 granting institutions of higher education. 

8 ‘‘(E) 2-year, nonprofit, private, degree9 granting institutions of higher education. 

10 ‘‘(F) 4-year, for-profit, private, degree11 granting institutions of higher education. 

12 ‘‘(G) 2-year, for-profit, private, degree13 granting institutions of higher education. 

14 ‘‘(4) STANDARD DEFINITIONS.—In carrying out 

15 this section, the Secretary shall use the standard 

16 definitions developed under subsection (a)(3).’’; and 

17 (2) in subsection (c)— 

18 (A) in paragraph (1), by inserting ‘‘be con19 ducted on an annual basis and’’ after ‘‘Such 

20 study shall’’; 

21 (B) in paragraph (2)— 

22 (i) in subparagraph (B), by striking 

23 ‘‘and’’ after the semicolon; 

24 (ii) in subparagraph (C), by striking 

25 the period and inserting a semicolon; and 
35 

•S 1614 IS 

1 (iii) by adding at the end the fol2 lowing: 

3 ‘‘(D) the average cost of attending an in4 stitution of higher education, disaggregated by 

5 category, as described in subsection (b)(3), of 

6 institution of higher education; 

7 ‘‘(E) the average annual cost of attending 

8 an institution of higher education for the 10 

9 academic years preceding the year for which the 

10 study is conducted (if available), disaggregated 

11 by category, as described in subsection (b)(3), 

12 of institution of higher education; and 

13 ‘‘(F) the assistance provided to institutions 

14 of higher education by each State, which infor15 mation the Secretary shall make available to 

16 the public.’’; 

17 (C) in paragraph (3)— 

18 (i) in the paragraph heading, by strik19 ing ‘‘FINAL’’ and inserting ‘‘ANNUAL’’; 

20 (ii) by striking ‘‘a report’’ and insert21 ing ‘‘an annual report’’; and 

22 (iii) by striking ‘‘not later than Sep23 tember 30, 2002’’; and 

24 (D) by striking paragraph (4) and insert25 ing the following: 
36 

•S 1614 IS 

1 ‘‘(4) HIGHER EDUCATION COST INDEX.—The 

2 Bureau of Labor Statistics, in consultation with the 

3 Commissioner of Education Statistics, shall develop 

4 a higher education cost index that tracks inflation 

5 changes in the relevant costs associated with higher 

6 education.’’. 

7 SEC. 109. PERFORMANCE-BASED ORGANIZATION FOR THE 

8 DELIVERY OF FEDERAL STUDENT FINANCIAL 

9 ASSISTANCE. 

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

11 (1) in subsection (a)— 

12 (A) in paragraph (1), by striking ‘‘oper13 ational’’ and inserting ‘‘administrative and 

14 oversight’’; and 

15 (B) in paragraph (2)(D), by striking ‘‘of 

16 the operational functions’’ and inserting ‘‘and 

17 administration’’; 

18 (2) in subsection (b)— 

19 (A) in paragraph (1)— 

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

21 ‘‘the information systems administered by 

22 the PBO, and other functions performed 

23 by the PBO’’ and inserting ‘‘the Federal 

24 student financial assistance programs au25 thorized under title IV’’; and 
37 

•S 1614 IS 

1 (ii) by striking subparagraph (C) and 

2 inserting the following: 

3 ‘‘(C) assist the Chief Operating Officer in 

4 identifying goals for— 

5 ‘‘(i) the administration of the systems 

6 used to administer the Federal student fi7 nancial assistance programs authorized 

8 under title IV; and 

9 ‘‘(ii) the updating of such systems to 

10 current technology.’’; and 

11 (B) in paragraph (2)— 

12 (i) in the matter preceding subpara13 graph (A), by striking ‘‘administration of 

14 the information and financial systems that 

15 support’’ and inserting ‘‘the administration 

16 of Federal’’; 

17 (ii) in subparagraph (A)— 

18 (I) in the matter preceding clause 

19 (i), by striking ‘‘of the delivery system 

20 for Federal student assistance’’ and 

21 inserting ‘‘for the Federal student as22 sistance programs authorized under 

23 title IV’’; 

24 (II) by striking clauses (i) and 

25 (ii) and inserting the following: 
38 

•S 1614 IS 

1 ‘‘(i) the collection, processing, and 

2 transmission of data to students, institu3 tions, lenders, State agencies, and other 

4 authorized parties; 

5 ‘‘(ii) the design and technical speci6 fications for software development and pro7 curement for systems supporting the stu8 dent financial assistance programs author9 ized under title IV;’’; 

10 (III) in clause (iii), by striking 

11 ‘‘delivery’’ and inserting ‘‘administra12 tion’’; 

13 (IV) in clause (iv)— 

14 (aa) by inserting ‘‘the’’ after 

15 ‘‘supporting’’; and 

16 (bb) by striking ‘‘and’’ after 

17 the semicolon; 

18 (V) in clause (v), by striking 

19 ‘‘systems that support those pro20 grams.’’ and inserting ‘‘the adminis21 tration of the Federal student assist22 ance programs authorized under title 

23 IV; and’’; and 

24 (VI) by adding at the end the fol25 lowing: 
39 

•S 1614 IS 

1 ‘‘(vi) ensuring the integrity of the stu2 dent assistance programs authorized under 

3 title IV.’’; and 

4 (iii) in subparagraph (B), by striking 

5 ‘‘operations and services’’ and inserting 

6 ‘‘activities and functions’’; and 

7 (3) in subsection (c)— 

8 (A) in paragraph (1)(C)— 

9 (i) in clause (iii), by striking ‘‘infor10 mation and delivery’’; and 

11 (ii) in clause (iv)— 

12 (I) by striking ‘‘Developing an’’ 

13 and inserting ‘‘Developing’’; and 

14 (II) by striking ‘‘delivery and in15 formation system’’ and inserting ‘‘sys16 tems’’; 

17 (B) in paragraph (2)— 

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

19 ‘‘the’’ after ‘‘PBO and’’; and 

20 (ii) in subparagraph (B), by striking 

21 ‘‘Officer’’ and inserting ‘‘Officers’’; and 

22 (C) in paragraph (3), by inserting ‘‘stu23 dents,’’ after ‘‘consult with’’; 

24 (4) in subsection (d)— 
40 

•S 1614 IS 

1 (A) in paragraph (1), by striking the sec2 ond sentence; and 

3 (B) in paragraph (5)— 

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

5 ‘‘paragraph (2)’’ and inserting ‘‘paragraph 

6 (4)’’; and 

7 (ii) in subparagraph (C), by striking 

8 ‘‘this’’; 

9 (5) in subsection (f)— 

10 (A) in paragraph (2), by striking ‘‘to bor11 rowers’’ and inserting ‘‘to students, bor12 rowers,’’; and 

13 (B) in paragraph (3)(A), by striking 

14 ‘‘(1)(A)’’ and inserting ‘‘(1)’’; 

15 (6) in subsection (g)(3), by striking ‘‘not more 

16 than 25’’; 

17 (7) in subsection (h), by striking ‘‘organiza18 tional effectiveness’’ and inserting ‘‘effectiveness’’; 

19 (8) by striking subsection (i); 

20 (9) by redesignating subsection (j) as sub21 section (i); and 

22 (10) in subsection (i) (as redesignated by para23 graph (9)), by striking ‘‘, including transition costs’’. 

24 SEC. 110. PROCUREMENT FLEXIBILITY. 

25 Section 142 (20 U.S.C. 1018a) is amended— 
41 

•S 1614 IS 

1 (1) in subsection (b)— 

2 (A) in paragraph (1)— 

3 (i) by striking ‘‘for information sys4 tems supporting the programs authorized 

5 under title IV’’; and 

6 (ii) by striking ‘‘and’’ after the semi7 colon; 

8 (B) in paragraph (2), by striking the pe9 riod at the end and inserting ‘‘; and’’; and 

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

11 ‘‘(3) through the Chief Operating Officer— 

12 ‘‘(A) to the maximum extent practicable, 

13 utilize procurement systems that streamline op14 erations, improve internal controls, and enhance 

15 management; and 

16 ‘‘(B) assess the efficiency of such systems 

17 and assess such systems’ ability to meet PBO 

18 requirements.’’; 

19 (2) by striking subsection (c)(2) and inserting 

20 the following: 

21 ‘‘(2) FEE FOR SERVICE ARRANGEMENTS.—The 

22 Chief Operating Officer shall, when appropriate and 

23 consistent with the purposes of the PBO, acquire 

24 services related to the functions set forth in section 

25 141(b)(2) from any entity that has the capability 
42 

•S 1614 IS 

1 and capacity to meet the requirements set by the 

2 PBO. The Chief Operating Officer is authorized to 

3 pay fees that are equivalent to those paid by other 

4 entities to an organization that provides services 

5 that meet the requirements of the PBO, as deter6 mined by the Chief Operating Officer.’’; 

7 (3) in subsection (d)(2)(B), by striking ‘‘on 

8 Federal Government contracts’’; 

9 (4) in subsection (g)— 

10 (A) in paragraph (4)(A)— 

11 (i) in the subparagraph heading, by 

12 striking ‘‘SOLE SOURCE.—’’ and inserting 

13 ‘‘SINGLE-SOURCE BASIS.—’’; and 

14 (ii) by striking ‘‘sole-source’’ and in15 serting ‘‘single-source’’; and 

16 (B) in paragraph (7), by striking ‘‘sole17 source’’ and inserting ‘‘single-source’’; 

18 (5) in subsection (h)(2)(A), by striking ‘‘sole19 source’’ and inserting ‘‘single-source’’; and 

20 (6) in subsection (l), by striking paragraph (3) 

21 and inserting the following: 

22 ‘‘(3) SINGLE-SOURCE BASIS.—The term ‘single23 source basis’, with respect to an award of a contract, 

24 means that the contract is awarded to a source after 

25 soliciting an offer or offers from, and negotiating 
43 

•S 1614 IS 

1 with, only such source (although such source is not 

2 the only source in the marketplace capable of meet3 ing the need) because such source is the most advan4 tageous source for purposes of the award.’’. 

5 TITLE II—TEACHER QUALITY 

6 ENHANCEMENT 

7 SEC. 201. TEACHER QUALITY ENHANCEMENT GRANTS FOR 

8 STATES AND PARTNERSHIPS. 

9 Part A of title II (20 U.S.C. 1021 et seq.) is amended 

10 to read as follows: 

11 ‘‘PART A—TEACHER QUALITY ENHANCEMENT 

12 GRANTS FOR STATES AND PARTNERSHIPS 

13 ‘‘SEC. 201. PURPOSES; DEFINITIONS. 

14 ‘‘(a) PURPOSES.—The purposes of this part are to— 

15 ‘‘(1) improve student achievement; 

16 ‘‘(2) improve the quality of the current and fu17 ture teaching force by improving the preparation of 

18 prospective teachers and enhancing professional de19 velopment activities; 

20 ‘‘(3) hold institutions of higher education ac21 countable for preparing highly qualified teachers; 

22 and 

23 ‘‘(4) recruit qualified individuals, including mi24 norities and individuals from other occupations, into 

25 the teaching force. 
44 

•S 1614 IS 

1 ‘‘(b) DEFINITIONS.—In this part: 

2 ‘‘(1) ARTS AND SCIENCES.—The term ‘arts and 

3 sciences’ means— 

4 ‘‘(A) when referring to an organizational 

5 unit of an institution of higher education, any 

6 academic unit that offers 1 or more academic 

7 majors in disciplines or content areas cor8 responding to the academic subject areas in 

9 which teachers provide instruction; and 

10 ‘‘(B) when referring to a specific academic 

11 subject area, the disciplines or content areas in 

12 which academic majors are offered by the arts 

13 and sciences organizational unit. 

14 ‘‘(2) CHILDREN FROM LOW-INCOME FAMI15 LIES.—The term ‘children from low-income families’ 

16 means children as described in section 1124(c)(1)(A) 

17 of the Elementary and Secondary Education Act of 

18 1965. 

19 ‘‘(3) EARLY CHILDHOOD EDUCATION PRO20 GRAM.—The term ‘early childhood education pro21 gram’ means a Head Start program or an Early 

22 Head Start program carried out under the Head 

23 Start Act (42 U.S.C. 9831 et seq.), a State licensed 

24 or regulated child care program or school, or a State 

25 prekindergarten program that serves children from 
45 

•S 1614 IS 

1 birth through kindergarten and that addresses the 

2 children’s cognitive (including language, early lit3 eracy, and pre-numeracy), social, emotional, and 

4 physical development. 

5 ‘‘(4) EARLY CHILDHOOD EDUCATOR.—The 

6 term ‘early childhood educator’ means an individual 

7 with primary responsibility for the education of chil8 dren in an early childhood education program. 

9 ‘‘(5) EDUCATIONAL SERVICE AGENCY.—The 

10 term ‘educational service agency’ has the meaning 

11 given such term in section 9101 of the Elementary 

12 and Secondary Education Act of 1965. 

13 ‘‘(6) EXEMPLARY TEACHER.—The term ‘exem14 plary teacher’ has the meaning given such term in 

15 section 9101 of the Elementary and Secondary Edu16 cation Act of 1965. 

17 ‘‘(7) HIGH-NEED LOCAL EDUCATIONAL AGEN18 CY.—The term ‘high-need local educational agency’ 

19 means a local educational agency or educational 

20 service agency— 

21 ‘‘(A)(i) that serves not fewer than 10,000 

22 children from low-income families; 

23 ‘‘(ii) for which not less than 20 percent of 

24 the children served by the agency are children 

25 from low-income families; or 
46 

•S 1614 IS 

1 ‘‘(iii) with a total of less than 600 students 

2 in average daily attendance at the schools that 

3 are served by the agency and all of whose 

4 schools are designated with a school locale code 

5 of 7 or 8, as determined by the Secretary; and 

6 ‘‘(B)(i) for which there is a high percent7 age of teachers not teaching in the academic 

8 subject areas or grade levels in which the teach9 ers were trained to teach; or 

10 ‘‘(ii) for which there is a high teacher 

11 turnover rate or a high percentage of teachers 

12 with emergency, provisional, or temporary cer13 tification or licensure. 

14 ‘‘(8) HIGHLY QUALIFIED.—The term ‘highly 

15 qualified’ has the meaning given such term in sec16 tion 9101 of the Elementary and Secondary Edu17 cation Act of 1965 and, with respect to special edu18 cation teachers, in section 602 of the Individuals 

19 with Disabilities Education Act. 

20 ‘‘(9) PROFESSIONAL DEVELOPMENT.—The 

21 term ‘professional development’ has the meaning 

22 given such term in section 9101 of the Elementary 

23 and Secondary Education Act of 1965. 

24 ‘‘(10) SCIENTIFICALLY BASED READING RE25 SEARCH.—The term ‘scientifically based reading re-
47 

•S 1614 IS 

1 search’ has the meaning given such term in section 

2 1208 of the Elementary and Secondary Education 

3 Act of 1965. 

4 ‘‘(11) SCIENTIFICALLY BASED RESEARCH.— 

5 The term ‘scientifically based research’ has the 

6 meaning given such term in section 9101 of the Ele7 mentary and Secondary Education Act of 1965. 

8 ‘‘(12) TEACHER MENTORING.—The term 

9 ‘teacher mentoring’ means mentoring of teachers 

10 through an established or implemented program— 

11 ‘‘(A) that includes qualifications for men12 tors; 

13 ‘‘(B) that provides training for mentors; 

14 ‘‘(C) that provides regular and ongoing op15 portunities for mentors and mentees to observe 

16 each other’s teaching methods in classroom set17 tings during the school day; 

18 ‘‘(D) in which the mentoring is provided by 

19 a colleague who teaches in the same field, 

20 grade, or subject as the mentee; and 

21 ‘‘(E) that includes— 

22 ‘‘(i) common planning time or regu23 larly scheduled collaboration with teachers 

24 in the teachers’ same field, grade, or sub25 ject area; and 
48 

•S 1614 IS 

1 ‘‘(ii) additional professional develop2 ment opportunities. 

3 ‘‘(13) TEACHING SKILLS.—The term ‘teaching 

4 skills’ means the ability to— 

5 ‘‘(A) increase student achievement; 

6 ‘‘(B) effectively convey and explain aca7 demic subject matter; 

8 ‘‘(C) employ strategies that— 

9 ‘‘(i) are based on scientifically based 

10 research; 

11 ‘‘(ii) are specific to academic subject 

12 matter; and 

13 ‘‘(iii) focus on identification and tai14 loring of academic instruction to students’ 

15 specific learning needs, particularly stu16 dents with disabilities, students who are 

17 limited English proficient, and students 

18 who are gifted and talented; 

19 ‘‘(D) conduct ongoing assessment of stu20 dent learning; 

21 ‘‘(E) effectively manage a classroom; 

22 ‘‘(F) communicate and work with parents 

23 and guardians, and involve parents and guard24 ians in their children’s education; and 
49 

•S 1614 IS 

1 ‘‘(G) in the case of an early childhood edu2 cator, use age appropriate strategies and prac3 tices for children in early childhood education 

4 programs. 

5 ‘‘SEC. 202. STATE GRANTS. 

6 ‘‘(a) IN GENERAL.—From amounts made available 

7 under section 209(a)(1) for a fiscal year, the Secretary 

8 is authorized to award grants under this section, on a 

9 competitive basis, to eligible States to enable the eligible 

10 States to carry out the activities described in subsections 

11 (d) and (e). 

12 ‘‘(b) ELIGIBLE STATE.— 

13 ‘‘(1) DEFINITION.—In this part, the term ‘eligi14 ble State’ means— 

15 ‘‘(A) the Governor of a State; or 

16 ‘‘(B) in the case of a State for which the 

17 constitution or law of such State designates an18 other individual, entity, or agency in the State 

19 to be responsible for teacher certification or li20 censure and preparation activity, such indi21 vidual, entity, or agency. 

22 ‘‘(2) CONSULTATION.—The Governor or the in23 dividual, entity, or agency designated under para24 graph (1)(B) shall consult with the Governor, State 

25 board of education, State educational agency, State 
50 

•S 1614 IS 

1 agency for higher education, or other applicable 

2 State entities (including the State agency responsible 

3 for early childhood education), as appropriate, with 

4 respect to the activities assisted under this section, 

5 including the development of the grant application 

6 and implementation of the activities. 

7 ‘‘(3) CONSTRUCTION.—Nothing in this sub8 section shall be construed to negate or supersede the 

9 legal authority under State law of any State agency, 

10 State entity, or State public official over programs 

11 that are under the jurisdiction of the agency, entity, 

12 or official. 

13 ‘‘(c) APPLICATION.—To be eligible to receive a grant 

14 under this section, an eligible State shall submit an appli15 cation to the Secretary that— 

16 ‘‘(1) meets the requirement of this section; 

17 ‘‘(2) demonstrates that the eligible State is in 

18 full compliance with— 

19 ‘‘(A) sections 206(b) and 207; and 

20 ‘‘(B) if applicable, sections 207(b) and 

21 208, as such sections were in effect on the day 

22 before the date of enactment of the Higher 

23 Education Amendments of 2005; 
51 

•S 1614 IS 

1 ‘‘(3) includes a description of how the eligible 

2 State intends to use funds provided under this sec3 tion; 

4 ‘‘(4) includes measurable objectives for the use 

5 of the funds provided under this section; 

6 ‘‘(5) describes how funded activities will— 

7 ‘‘(A) reduce shortages, if any, of— 

8 ‘‘(i) highly qualified general and spe9 cial education teachers, including in low-in10 come urban and rural areas and in high11 need academic subject areas; and 

12 ‘‘(ii) fully competent early childhood 

13 educators; and 

14 ‘‘(B) be consistent with State, local, and 

15 other education reform activities that promote 

16 effective teaching skills and student academic 

17 achievement and consistent with State early 

18 learning standards for early childhood education 

19 programs, including how funded activities will 

20 support carrying out the applicable require21 ments of the eligible State under sections 1111 

22 and 1119 of the Elementary and Secondary 

23 Education Act of 1965, and section 612(a)(14) 

24 of the Individuals with Disabilities Education 

25 Act; 
52 

•S 1614 IS 

1 ‘‘(6) contains an assurance that the eligible 

2 State will carry out each of the intended uses of 

3 grant funds described in paragraph (3); 

4 ‘‘(7) describes the eligible State’s— 

5 ‘‘(A) current capacity to measure the effec6 tiveness of teacher preparation programs and 

7 professional development activities within the 

8 State using available statewide data; 

9 ‘‘(B) activities to enhance or expand the 

10 integration of existing data systems to better 

11 measure the effectiveness of teacher preparation 

12 programs and professional development activi13 ties within the State; or 

14 ‘‘(C) if such data systems do not exist, 

15 plans for the development of an integrated 

16 statewide data system to measure the effective17 ness of teacher preparation programs and pro18 fessional development activities within the State 

19 using available statewide data; and 

20 ‘‘(8) contains such other information and assur21 ances as the Secretary may require. 

22 ‘‘(d) REQUIRED USES OF FUNDS.—An eligible State 

23 that receives a grant under this section shall use the grant 

24 funds to reform teacher preparation requirements, to co25 ordinate with State activities under section 2113(c) of the 
53 

•S 1614 IS 

1 Elementary and Secondary Education Act of 1965 and 

2 subsections (a) and (b) of section 654 of the Individuals 

3 with Disabilities Education Act, and to ensure that cur4 rent and prospective teachers are highly qualified, by car5 rying out each of the following activities: 

6 ‘‘(1) REFORMS.—Ensuring that all teacher 

7 preparation programs in the State are preparing 

8 current or prospective teachers to become highly 

9 qualified, to understand scientifically based research 

10 and its applicability, and to use technology effec11 tively, including use of instructional techniques to 

12 improve student academic achievement, by assisting 

13 such programs— 

14 ‘‘(A) in retraining faculty; 

15 ‘‘(B) in designing (or redesigning) teacher 

16 preparation programs so that such programs— 

17 ‘‘(i) are based on rigorous academic 

18 content and scientifically based research 

19 (including scientifically based reading re20 search), and aligned with challenging State 

21 academic content standards; 

22 ‘‘(ii) promote effective teaching skills; 

23 and 

24 ‘‘(iii) promote understanding of effec25 tive instructional strategies for students 
54 

•S 1614 IS 

1 with special needs, including students with 

2 disabilities, students who are limited 

3 English proficient, and students who are 

4 gifted and talented; 

5 ‘‘(C) in ensuring collaboration with depart6 ments, programs, or units outside of the teach7 er preparation program in relevant academic 

8 content areas to ensure a successful combina9 tion of training in both teaching and such con10 tent; 

11 ‘‘(D) in developing high-quality, rigorous 

12 clinical experiences (that include student teach13 ing experience) in which students participate 

14 while enrolled in a teacher preparation pro15 gram, lasting not less than 1 term, through dis16 semination of best practices, technical assist17 ance, or other relevant activities; and 

18 ‘‘(E) in collecting and using data, in col19 laboration with institutions of higher education, 

20 schools, and local educational agencies, on 

21 teacher retention rates, by school, to evaluate 

22 and strengthen the effectiveness of the State’s 

23 teacher support system. 
55 

•S 1614 IS 

1 ‘‘(2) CERTIFICATION OR LICENSURE REQUIRE2 MENTS.—Reforming teacher certification or licen3 sure requirements to ensure that— 

4 ‘‘(A) teachers have the academic content 

5 knowledge and teaching skills in the academic 

6 subject areas that the teachers teach that are 

7 necessary to help students meet challenging 

8 State student academic achievement standards; 

9 ‘‘(B) such requirements are aligned with 

10 challenging State academic content standards; 

11 ‘‘(C) teacher certification and licensure as12 sessments are— 

13 ‘‘(i) used for purposes for which such 

14 assessments are valid and reliable; 

15 ‘‘(ii) consistent with relevant, profes16 sional, and technical standards; and 

17 ‘‘(iii) aligned with the reporting re18 quirements of sections 205 and 206; and 

19 ‘‘(D) such requirements for high-need aca20 demic subject areas (such as reading, mathe21 matics, science, and foreign language, including 

22 less commonly taught languages) and high-need 

23 areas (such as special education, language in24 struction educational programs, and early child25 hood education) exist and reflect qualifications 
56 

•S 1614 IS 

1 to help students meet high standards, which 

2 may include the development of a State test for 

3 such areas. 

4 ‘‘(3) EVALUATION.— 

5 ‘‘(A) ANNUAL EVALUATION.—An eligible 

6 State that receives a grant under this section 

7 shall evaluate annually the effectiveness of 

8 teacher preparation programs and professional 

9 development activities within the State. To the 

10 extent practicable, such evaluation shall exam11 ine— 

12 ‘‘(i) teachers’ contributions to improv13 ing student academic achievement, as 

14 measured by State academic assessments 

15 required under section 1111(b)(3) of the 

16 Elementary and Secondary Education Act 

17 of 1965; and 

18 ‘‘(ii) teacher mastery of the academic 

19 subject matter the teachers teach. 

20 ‘‘(B) PUBLIC REPORTING.—The eligible 

21 State shall make the information described in 

22 subparagraph (A) (except such information that 

23 is individually identifiable) widely available 

24 through public means, such as posting on the 
57 

•S 1614 IS 

1 Internet, distribution to the media, and dis2 tribution through public agencies. 

3 ‘‘(C) BETTER MEASUREMENT OF EFFEC4 TIVENESS.— 

5 ‘‘(i) IN GENERAL.—An eligible State 

6 that receives a grant under this section 

7 and does not have the capacity to measure 

8 the effectiveness of teacher preparation 

9 programs and professional development ac10 tivities within the State using available 

11 statewide data, shall use a portion of funds 

12 received under this section to enhance or 

13 expand the integration of existing data sys14 tems, as described in subsection (c)(7)(B), 

15 or develop an integrated statewide data 

16 system, as described in subsection 

17 (c)(7)(C), to better measure the effective18 ness of teacher preparation programs on 

19 student learning and achievement, and the 

20 impact of pre-service and ongoing profes21 sional development on teacher placement 

22 and retention. 

23 ‘‘(ii) TECHNICAL QUALITY; STUDENT

24 PRIVACY; FUNDS FROM OTHER SOURCES.— 
58 

•S 1614 IS 

1 In carrying out clause (i), the eligible State 

2 shall ensure— 

3 ‘‘(I) the technical quality of the 

4 data system to maximize the validity, 

5 reliability, and accessibility of the 

6 data; 

7 ‘‘(II) that student privacy is pro8 tected and that individually identifi9 able information about students, their 

10 achievements, and their families re11 mains confidential, in accordance with 

12 the Family Educational Rights and 

13 Privacy Act of 1974; and 

14 ‘‘(III) that funds provided under 

15 this section are used to supplement 

16 State efforts to enhance or expand the 

17 integration of existing data systems or 

18 to develop an integrated statewide 

19 data system. 

20 ‘‘(e) ALLOWABLE USES OF FUNDS.—An eligible 

21 State that receives a grant under this section may use the 

22 grant funds to reform teacher preparation requirements, 

23 to coordinate with State activities under section 2113(c) 

24 of the Elementary and Secondary Education Act of 1965 

25 and subsections (a) and (b) of section 654 of the Individ-
59 

•S 1614 IS 

1 uals with Disabilities Education Act, and to ensure that 

2 current and future teachers are highly qualified, by car3 rying out any of the following activities: 

4 ‘‘(1) ALTERNATIVES TO TRADITIONAL PREPA5 RATION FOR TEACHING AND STATE CERTIFICATION

6 OR LICENSURE.—Providing prospective teachers 

7 with alternative routes to State certification or licen8 sure and alternative route programs to become high9 ly qualified teachers through— 

10 ‘‘(A) innovative approaches that reduce un11 necessary barriers to State certification or licen12 sure while producing highly qualified teachers; 

13 ‘‘(B) a selective means for admitting indi14 viduals into such programs that includes pas15 sage of State approved teacher examinations in 

16 appropriate subject areas; 

17 ‘‘(C) programs that help prospective teach18 ers develop effective teaching skills and strate19 gies through knowledge of research-based infor20 mation on the learning process and learning 

21 practices; 

22 ‘‘(D) programs that provide support to 

23 teachers during the teachers’ initial years in the 

24 profession; and 
60 

•S 1614 IS 

1 ‘‘(E) alternative routes to State certifi2 cation or licensure of teachers for qualified indi3 viduals, including mid-career professionals from 

4 other occupations, paraprofessionals, former 

5 military personnel, and recent college graduates 

6 with records of academic distinction. 

7 ‘‘(2) INNOVATIVE PROGRAMS.—Planning and 

8 implementing innovative programs to enhance the 

9 ability of institutions of higher education, including 

10 charter colleges of education, or university and local 

11 educational agency partnership schools, to prepare 

12 highly qualified teachers, which programs shall— 

13 ‘‘(A) permit flexibility in the manner in 

14 which the institution of higher education meets 

15 State requirements as long as graduates, during 

16 the graduates’ initial years in the profession, in17 crease student academic achievement; 

18 ‘‘(B) provide a description in the applica19 tion of long-term data gathered from teachers’ 

20 performance over multiple years in the class21 room regarding the teachers’ ability to increase 

22 student academic achievement; 

23 ‘‘(C) ensure high-quality preparation of 

24 teachers from underrepresented groups; 
61 

•S 1614 IS 

1 ‘‘(D) create performance measures that 

2 can be used to document the effectiveness of in3 novative methods for preparing highly qualified 

4 teachers; and 

5 ‘‘(E) develop frameworks for exemplary in6 duction programs informed by research and 

7 best practices. 

8 ‘‘(3) TEACHER RECRUITMENT AND RETEN9 TION.—Undertaking activities that develop and im10 plement effective mechanisms to ensure that local 

11 educational agencies and schools are able to recruit 

12 and retain highly qualified teachers, which may in13 clude the following activities: 

14 ‘‘(A) PERFORMANCE BASED COMPENSA15 TION.—Assisting local educational agencies in 

16 developing— 

17 ‘‘(i) performance systems that reward 

18 teachers who increase student academic 

19 achievement and take on additional respon20 sibilities, such as teacher mentoring and 

21 serving as master teachers; and 

22 ‘‘(ii) strategies that provide differen23 tial and bonus pay in high-need local edu24 cational agencies to recruit and retain— 

25 ‘‘(I) principals; 
62 

•S 1614 IS 

1 ‘‘(II) highly qualified teachers 

2 who teach in high-need academic sub3 ject areas (such as reading, mathe4 matics, science, and foreign language, 

5 including less commonly taught lan6 guages); 

7 ‘‘(III) highly qualified teachers 

8 who teach in schools identified for 

9 school improvement under section 

10 1116(b) of the Elementary and Sec11 ondary Education Act of 1965; 

12 ‘‘(IV) highly qualified special 

13 education teachers; 

14 ‘‘(V) highly qualified teachers 

15 specializing in teaching children who 

16 are limited English proficient; and 

17 ‘‘(VI) highly qualified teachers in 

18 low-income urban and rural schools or 

19 districts. 

20 ‘‘(B) ADDITIONAL MECHANISMS.—Devel21 oping and implementing effective mechanisms 

22 to ensure that local educational agencies and 

23 schools are able to— 

24 ‘‘(i) address needs identified with re25 spect to— 
63 

•S 1614 IS 

1 ‘‘(I) underrepresented groups; 

2 ‘‘(II) high-need academic subject 

3 areas (such as reading, mathematics, 

4 science, and foreign language, includ5 ing less commonly taught languages); 

6 ‘‘(III) high-need areas (such as 

7 special education, language instruc8 tion educational programs, and early 

9 childhood education); 

10 ‘‘(IV) high-need communities, 

11 such as rural and urban areas; 

12 ‘‘(V) high-need schools, including 

13 schools with high rates of teacher 

14 turnover; and 

15 ‘‘(VI) students with disabilities 

16 and students who are limited English 

17 proficient; 

18 ‘‘(ii) offer teacher mentoring for new 

19 teachers during such teachers’ initial years 

20 of teaching; and 

21 ‘‘(iii) provide access to ongoing profes22 sional development opportunities for teach23 ers and administrators. 

24 ‘‘(C) TEACHER ADVANCEMENT.—Assisting 

25 local educational agencies in developing teacher 
64 

•S 1614 IS 

1 advancement and retention initiatives that pro2 mote professional growth and emphasize mul3 tiple career paths (such as paths to becoming a 

4 highly qualified mentor teacher or exemplary 

5 teacher) and pay differentiation. 

6 ‘‘(D) RECRUIT QUALIFIED PROFES7 SIONALS.—Developing recruitment programs or 

8 assisting local educational agencies in— 

9 ‘‘(i) recruiting qualified professionals 

10 from other fields, including highly qualified 

11 paraprofessionals (as defined in section 

12 2102 of the Elementary and Secondary 

13 Education Act of 1965); and 

14 ‘‘(ii) providing such professionals with 

15 alternative routes to teacher certification 

16 or licensure. 

17 ‘‘(E) UNDERREPRESENTED POPU18 LATIONS.—Providing increased opportunities 

19 for minorities, individuals with disabilities, and 

20 other individuals underrepresented in the teach21 ing profession. 

22 ‘‘(F) RURAL EDUCATION RECRUITMENT

23 AND RETENTION PROGRAMS.—Making grants to 

24 rural school districts, or a consortia of rural 

25 school districts, to implement— 
65 

•S 1614 IS 

1 ‘‘(i) teacher recruitment strategies, 

2 which may include tuition assistance, stu3 dent loan forgiveness, housing assistance, 

4 bonus pay, and other effective approaches; 

5 ‘‘(ii) teacher retention strategies, such 

6 as mentoring programs and ongoing oppor7 tunities for professional growth and ad8 vancement; and 

9 ‘‘(iii) partnerships with institutions of 

10 higher education designed to— 

11 ‘‘(I) prepare beginning teachers 

12 to teach; and 

13 ‘‘(II) assist teachers (including 

14 teachers who teach multiple subjects) 

15 to become highly qualified. 

16 ‘‘(4) TEACHER SCHOLARSHIPS AND SUPPORT.— 

17 Providing— 

18 ‘‘(A) scholarships to help students, such as 

19 individuals who have been accepted by, or who 

20 are enrolled in, a program of undergraduate 

21 education at an institution of higher education, 

22 pay the costs of tuition, room, board, and other 

23 expenses of completing a teacher preparation 

24 program, if— 
66 

•S 1614 IS 

1 ‘‘(i) the Secretary establishes such re2 quirements as the Secretary determines 

3 necessary to ensure that recipients of 

4 scholarships under this section who com5 plete teacher preparation programs— 

6 ‘‘(I) subsequently teach in an 

7 early childhood education program or 

8 a high-need local educational agency 

9 for a period of time equivalent to the 

10 period of time for which the recipient 

11 received scholarship assistance, plus 

12 an additional 1 year; or 

13 ‘‘(II) repay the amount of the 

14 scholarship if the recipient does not 

15 teach as described in subclause (I); 

16 and 

17 ‘‘(ii) the eligible State provides an as18 surance that the eligible State will recruit 

19 minority students to become highly quali20 fied teachers; 

21 ‘‘(B) support services, if needed, to enable 

22 scholarship recipients to complete postsecondary 

23 education programs, or to move from a career 

24 outside of the field of education into a teaching 

25 career; and 
67 

•S 1614 IS 

1 ‘‘(C) follow-up services to former scholar2 ship recipients during the recipients’ initial 

3 years of teaching. 

4 ‘‘(5) TEACHER REMOVAL.—Developing and im5 plementing effective mechanisms to ensure that local 

6 educational agencies and schools are able to expedi7 tiously remove incompetent or unqualified teachers 

8 consistent with procedures to ensure due process for 

9 the teachers. 

10 ‘‘(6) TEACHER EFFECTIVENESS.—Developing— 

11 ‘‘(A) systems to measure the effectiveness 

12 of teacher preparation programs and profes13 sional development programs; and 

14 ‘‘(B) strategies to document gains in stu15 dent academic achievement or increases in 

16 teacher mastery of the academic subject matter 

17 the teachers teach, as a result of such pro18 grams. 

19 ‘‘(7) EARLY CHILDHOOD EDUCATORS.—Devel20 oping strategies to improve and expand teacher 

21 preparation programs for early childhood educators 

22 to teach in early childhood education programs. 

23 ‘‘(8) PROFESSIONAL DEVELOPMENT.—Devel24 oping and enhancing high-quality professional devel-
68 

•S 1614 IS 

1 opment, instructional materials, and relevant train2 ing materials. 

3 ‘‘(9) TECHNOLOGY.—Assisting teachers to use 

4 technology effectively, including use for instructional 

5 techniques and the collection, management, and 

6 analysis of data to improve teaching, learning, and 

7 decision making for the purpose of increasing stu8 dent academic achievement. 

9 ‘‘(10) AREAS OF INSTRUCTIONAL SHORTAGE.— 

10 Increasing the number of— 

11 ‘‘(A) teachers in the classroom providing 

12 instruction in high-need academic subject areas 

13 (such as reading, mathematics, science, and for14 eign language, including less commonly taught 

15 languages) and high-need areas (such as special 

16 education, language instruction educational pro17 grams, and early childhood education); and 

18 ‘‘(B) special education faculty dedicated to 

19 preparing highly qualified special education 

20 teachers at institutions of higher education. 

21 ‘‘(11) TECHNICAL ASSISTANCE.—Providing 

22 technical assistance to low-performing programs of 

23 teacher preparation within institutions of higher 

24 education identified under section 207(a). 
69 

•S 1614 IS 

1 ‘‘(12) EVALUATION SUPPORT.—Performing 

2 data collection, evaluation, and reporting to meet the 

3 requirements of subsection (d)(3). 

4 ‘‘(13) PROFESSIONAL ADVANCEMENT.—Devel5 oping a professional advancement system to— 

6 ‘‘(A) initiate or enhance a system in which 

7 highly qualified teachers who pursue advanced 

8 licensure levels are required to demonstrate in9 creased competencies and undertake increased 

10 responsibilities for increased compensation as 

11 the teachers progress through levels established 

12 by the State; or 

13 ‘‘(B) provide opportunities for professional 

14 growth, including through— 

15 ‘‘(i) a nationally recognized advance 

16 credentialing system; or 

17 ‘‘(ii) special certification in advanced 

18 placement or international baccalaureate 

19 content, teaching gifted and talented stu20 dents, and pedagogy. 

21 ‘‘(f) SUPPLEMENT, NOT SUPPLANT.—Funds made 

22 available under this section shall be used to supplement, 

23 and not supplant, other Federal, State, and local funds 

24 that would otherwise be expended to carry out activities 

25 under this section. 
70 

•S 1614 IS 

1 ‘‘SEC. 203. PARTNERSHIP GRANTS. 

2 ‘‘(a) GRANTS.—From amounts made available under 

3 section 209(a)(2) for a fiscal year, the Secretary is author4 ized to award grants under this section, on a competitive 

5 basis, to eligible partnerships to enable the eligible part6 nerships to carry out the activities described in subsections 

7 (e) and (f). 

8 ‘‘(b) DEFINITIONS.— 

9 ‘‘(1) ELIGIBLE PARTNERSHIP.— 

10 ‘‘(A) IN GENERAL.—In this part, the term 

11 ‘eligible partnership’ means an entity that shall 

12 include— 

13 ‘‘(i) a partner institution; 

14 ‘‘(ii) a school of arts and sciences; 

15 ‘‘(iii) a high-need local educational 

16 agency and a school or a consortium of 

17 schools served by the agency; and 

18 ‘‘(iv) at least 1 individual or entity de19 scribed in subparagraph (B). 

20 ‘‘(B) ADDITIONAL INDIVIDUALS AND ENTI21 TIES.—In this part, the term ‘eligible partner22 ship’ means an entity that shall include at least 

23 1 of the following: 

24 ‘‘(i) A Governor. 

25 ‘‘(ii) A State educational agency. 

26 ‘‘(iii) A State board of education. 
71 

•S 1614 IS 

1 ‘‘(iv) A State agency for higher edu2 cation. 

3 ‘‘(v) A school or department within 

4 the partner institution focusing on edu5 cation, psychology, human development, or 

6 a department with comparable expertise in 

7 the disciplines of teaching, learning, and 

8 child and adolescent development. 

9 ‘‘(vi) An institution of higher edu10 cation or a department within such institu11 tion, not described in subparagraph (A). 

12 ‘‘(vii) A public charter school. 

13 ‘‘(viii) A public or private elementary 

14 school or secondary school. 

15 ‘‘(ix) A public or private nonprofit 

16 educational organization. 

17 ‘‘(x) A business. 

18 ‘‘(xi) A science-, mathematics-, or 

19 technology-oriented entity. 

20 ‘‘(xii) An early childhood education 

21 program. 

22 ‘‘(xiii) A teacher organization. 

23 ‘‘(xiv) An educational service agency. 

24 ‘‘(xv) A consortium of local edu25 cational agencies. 
72 

•S 1614 IS 

1 ‘‘(xvi) A nonprofit telecommunications 

2 entity. 

3 ‘‘(2) PARTNER INSTITUTION.—In this section, 

4 the term ‘partner institution’ means an institution of 

5 higher education, which may include a 2-year insti6 tution of higher education offering a dual program 

7 with a 4-year institution of higher education, that 

8 has a teacher preparation program— 

9 ‘‘(A) whose graduates exhibit strong per10 formance on State-determined qualifying assess11 ments for new teachers through— 

12 ‘‘(i) demonstrating that 80 percent or 

13 more of the graduates of the program who 

14 intend to enter the field of teaching have 

15 passed all of the applicable State qualifica16 tion assessments for new teachers, which 

17 shall include an assessment of each pro18 spective teacher’s subject matter knowledge 

19 in the content area in which the teacher in20 tends to teach; or 

21 ‘‘(ii) being ranked among the highest22 performing teacher preparation programs 

23 in the State as determined by the State— 
73 

•S 1614 IS 

1 ‘‘(I) using criteria consistent with 

2 the requirements for the State report 

3 card under section 206(b); and 

4 ‘‘(II) using the State report card 

5 on teacher preparation required under 

6 section 206(b), after the first publica7 tion of such report card and for every 

8 year thereafter; or 

9 ‘‘(B) that requires all the students of the 

10 program to meet high academic standards and 

11 participate in intensive clinical experience, 

12 and— 

13 ‘‘(i) in the case of secondary school 

14 candidates, to successfully complete— 

15 ‘‘(I) a major or its equivalent in 

16 coursework in the academic subject 

17 area in which the candidate intends to 

18 teach; or 

19 ‘‘(II) a related major in the aca20 demic subject area in which the can21 didate intends to teach; 

22 ‘‘(ii) in the case of elementary school 

23 candidates, to successfully complete— 
74 

•S 1614 IS 

1 ‘‘(I) an academic major or its 

2 equivalent in coursework in the arts 

3 and sciences; or 

4 ‘‘(II) a major in elementary edu5 cation with a significant amount of 

6 coursework in the arts and sciences; 

7 and 

8 ‘‘(iii) in the case of early childhood 

9 educators, to become fully competent and 

10 meet degree requirements, as established 

11 by the State. 

12 ‘‘(c) APPLICATION.—Each eligible partnership desir13 ing a grant under this section shall submit an application 

14 to the Secretary at such time, in such manner, and accom15 panied by such information as the Secretary may require. 

16 Each such application shall contain— 

17 ‘‘(1) a needs assessment of all the partners with 

18 respect to the preparation, induction, and profes19 sional development of early childhood educators, 

20 general and special education teachers, and prin21 cipals; 

22 ‘‘(2) a description of the extent to which the 

23 teacher preparation program of the eligible partner24 ship prepares new teachers with effective teaching 

25 skills; 
75 

•S 1614 IS 

1 ‘‘(3) a description of how the eligible partner2 ship will coordinate with other teacher preparation 

3 or professional development programs, including 

4 those funded under the Elementary and Secondary 

5 Education Act of 1965 and the Individuals with Dis6 abilities Education Act, and how the activities of the 

7 eligible partnership will be consistent with State, 

8 local, and other education reform activities that pro9 mote student achievement; 

10 ‘‘(4) a resource assessment that describes the 

11 resources available to the eligible partnership, the in12 tended use of the grant funds (including a descrip13 tion of how the grant funds will be fairly distrib14 uted), and the commitment of the resources of the 

15 eligible partnership to the activities assisted under 

16 this part, including financial support, faculty partici17 pation, time commitments, and continuation of the 

18 activities when the grant period ends; 

19 ‘‘(5) a description of— 

20 ‘‘(A) how the eligible partnership will meet 

21 the purposes of this part; 

22 ‘‘(B) how the eligible partnership will carry 

23 out the activities required under subsection (e) 

24 and any permissible activities under subsection 

25 (f); 
76 

•S 1614 IS 

1 ‘‘(C) the eligible partnership’s evaluation 

2 plan pursuant to section 205(b); 

3 ‘‘(D) how the eligible partnership will align 

4 the teacher preparation program with the chal5 lenging student academic achievement stand6 ards, State early learning standards for early 

7 childhood education programs (where applica8 ble), and challenging academic content stand9 ards, established by the State in which the 

10 partnership is located; 

11 ‘‘(E) how faculty of the teacher prepara12 tion program at the partner institution will 

13 serve, over the period of the grant, with highly 

14 qualified teachers in the classrooms of the high15 need local educational agency included in the el16 igible partnership; 

17 ‘‘(F) how the eligible partnership will en18 sure that teachers, principals, and superintend19 ents in all schools (including private schools, as 

20 appropriate) located in the geographic areas 

21 served by an eligible partnership under this sec22 tion are provided information about the activi23 ties carried out with funds under this section, 

24 including through electronic means; 
77 

•S 1614 IS 

1 ‘‘(G) how the eligible partnership will de2 sign, implement, or enhance the clinical pro3 gram component, including promoting close su4 pervision of student teachers by faculty of the 

5 teacher preparation program and mentor teach6 ers while in the program and during the stu7 dent teachers’ initial years of teaching if hired 

8 by schools included in the eligible partnership; 

9 ‘‘(H) how the eligible partnership will de10 velop or enhance an induction program that in11 cludes high-quality professional development to 

12 support new teachers during the teachers’ ini13 tial years of teaching that includes teacher 

14 mentoring and collaborating with teachers in 

15 the same grade, department, or field; and 

16 ‘‘(I) how the eligible partnership will col17 lect, analyze, use, and disseminate data on the 

18 retention of all teachers in schools located in 

19 the geographic areas served by the eligible part20 nership to evaluate the effectiveness of its 

21 teacher support system; and 

22 ‘‘(6) an assurance that the eligible partnership 

23 will carry out each of the activities described in 

24 paragraph (5). 

25 ‘‘(d) CONSULTATION.— 
78 

•S 1614 IS 

1 ‘‘(1) IN GENERAL.—Members of an eligible 

2 partnership that receives a grant under this section 

3 shall engage in regular consultation throughout the 

4 development and implementation of programs and 

5 activities under this section. 

6 ‘‘(2) REGULAR COMMUNICATION.—To ensure 

7 timely and meaningful consultation, regular commu8 nication shall occur among all members of the eligi9 ble partnership, including the high-need local edu10 cational agency. Such communication shall continue 

11 throughout the implementation of the grant and the 

12 assessment of programs and activities under this 

13 section. 

14 ‘‘(3) WRITTEN CONSENT.—The Secretary may 

15 approve changes in grant activities only if a written 

16 consent signed by all members of the eligible part17 nership is submitted to the Secretary. 

18 ‘‘(e) REQUIRED USES OF FUNDS.—An eligible part19 nership that receives a grant under this section shall use 

20 the grant funds to carry out each of the following activi21 ties: 

22 ‘‘(1) REFORMS.—Ensuring that each teacher 

23 preparation program and each early childhood edu24 cator preparation program, where applicable, of the 

25 eligible partnership that is assisted under this sec-
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1 tion addresses the needs identified in the needs as2 sessment of the partnership and is preparing current 

3 or prospective teachers to be highly qualified, and, 

4 where applicable, early childhood educators to be 

5 fully competent, to understand scientifically based 

6 research and its applicability, and to use technology 

7 effectively, including use of instructional techniques 

8 to improve student academic achievement, and in the 

9 case of early childhood educators, techniques to im10 prove children’s cognitive, social, emotional, and 

11 physical development, by assisting such programs— 

12 ‘‘(A) in retraining faculty; 

13 ‘‘(B) in designing (or redesigning) teacher 

14 preparation programs so that such programs— 

15 ‘‘(i) are based on rigorous academic 

16 content and scientifically based research 

17 (including scientifically based reading re18 search), and aligned with challenging State 

19 academic content standards and for early 

20 childhood educators, aligned with State 

21 early learning standards; 

22 ‘‘(ii) promote effective teaching skills; 

23 ‘‘(iii) promote understanding of effec24 tive instructional strategies for students 

25 with special needs, including students with 
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1 disabilities, students who are limited 

2 English proficient, students who are gifted 

3 and talented, and children in early child4 hood education programs; and 

5 ‘‘(iv) promote high-quality mathe6 matics, science, and foreign language in7 struction, where applicable; 

8 ‘‘(C) in ensuring collaboration with depart9 ments, programs, or units outside of the teach10 er preparation program in all academic content 

11 areas to ensure a successful combination of 

12 training in both teaching and such content; and 

13 ‘‘(D) in developing high-quality, rigorous 

14 clinical experiences, lasting not less than 1 

15 term, through dissemination of best practices, 

16 technical assistance, or other relevant activities. 

17 ‘‘(2) CLINICAL EXPERIENCE AND INTER18 ACTION.—Improving sustained and high-quality 

19 preservice clinical experiences, including— 

20 ‘‘(A) providing teacher mentoring; and 

21 ‘‘(B) substantially increasing interaction 

22 between faculty at institutions of higher edu23 cation and new and experienced teachers, prin24 cipals, and other administrators at elementary 

25 schools or secondary schools, and providing sup-
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1 port, including preparation time and release 

2 time, for such interaction. 

3 ‘‘(3) SUPPORT PROGRAMS FOR NEW TEACH4 ERS.—Creating a program to support new teachers 

5 during the initial years of teaching (for not less than 

6 1 year and not more than 3 years). Such program 

7 shall promote effective teaching skills and may in8 clude the following components: 

9 ‘‘(A) Development of skills in educational 

10 interventions based on scientifically based re11 search. 

12 ‘‘(B) Development of knowledge of scientif13 ically based research on teaching and learning. 

14 ‘‘(C) Inclusion of faculty who model the in15 tegration of research and practice in the class16 room. 

17 ‘‘(D) Opportunities for— 

18 ‘‘(i) high-quality teacher mentoring; 

19 and 

20 ‘‘(ii) additional professional develop21 ment, dissemination of evidence-based re22 search on educational practices, and pro23 fessional development activities. 

24 ‘‘(E) Interdisciplinary collaboration among 

25 exemplary teachers, faculty, researchers, and 
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1 other staff who prepare new teachers on the 

2 learning process and the assessment of learn3 ing. 

4 ‘‘(f) ALLOWABLE USES OF FUNDS.—An eligible part5 nership that receives a grant under this section may use 

6 the grant funds to carry out any of the following activities 

7 that address the needs identified in the needs assessment: 

8 ‘‘(1) ALTERNATIVES TO TRADITIONAL PREPA9 RATION FOR TEACHING AND STATE CERTIFICATION

10 OR LICENSURE.—The activity described in section 

11 202(e)(1). 

12 ‘‘(2) DISSEMINATION AND COORDINATION.— 

13 Broadly disseminating information on effective prac14 tices used by the eligible partnership, and coordi15 nating with the activities of the Governor, State 

16 board of education, State agency for higher edu17 cation, State agency responsible for early childhood 

18 education, and State educational agency, as appro19 priate. 

20 ‘‘(3) INNOVATIVE PROGRAMS.—Developing in21 novative programs designed to provide graduates of 

22 programs funded under this title with opportunities 

23 to continue their education through supports and op24 portunities to improve instructional practices in the 

25 initial years of teaching, including the following: 
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1 ‘‘(A) INTERNSHIPS.— 

2 ‘‘(i) TEACHER PREPARATION EN3 HANCEMENT INTERNSHIP.—Developing a 

4 1-year paid internship program for stu5 dents who have completed a 4-year teacher 

6 preparation program, or alternative routes 

7 to State certification or licensure program, 

8 to enable such students to develop the 

9 skills and experience necessary for success 

10 in teaching, including providing intensive 

11 clinical training and combining in-service 

12 instruction in teacher methods and assess13 ments with classroom observations, experi14 ences, and practices. Such interns shall 

15 have a reduced teaching load and a mentor 

16 for assistance in the classroom. 

17 ‘‘(ii) MID-CAREER PROFESSIONAL IN18 TERNSHIPS.—Developing a 1-year paid in19 ternship program for mid-career profes20 sionals from other occupations, former 

21 military personnel, and recent college grad22 uates from fields other than teacher prepa23 ration with records of academic distinction 

24 to enable such individuals to develop the 

25 skills and experience necessary for success 
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•S 1614 IS 

1 in teaching, including providing intensive 

2 clinical training and combining in-service 

3 instruction in teacher methods and assess4 ments with classroom observations, experi5 ences, and practices. Such interns shall 

6 have a reduced teaching load and a mentor 

7 for assistance in the classroom. 

8 ‘‘(B) RESIDENCY PROGRAMS FOR NEW

9 TEACHERS.—Supporting teachers in a residency 

10 program that provides an induction period for 

11 all new general education and special education 

12 teachers that includes— 

13 ‘‘(i) a forum for information sharing 

14 among prospective teachers, teachers, prin15 cipals, administrators, and participating 

16 faculty in the partner institution; and 

17 ‘‘(ii) the application of scientifically 

18 based research on teaching and learning 

19 generated by entities such as the Institute 

20 of Education Sciences, and the National 

21 Research Council of the National Acad22 emies. 

23 ‘‘(C) PATHWAYS FOR PARAPROFESSIONALS

24 TO ENTER TEACHING.—Creating intensive pro25 grams to provide the coursework and clinical 
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1 experiences needed by highly qualified para2 professionals, as defined in section 2102 of the 

3 Elementary and Secondary Education Act of 

4 1965, to qualify for State teacher certification 

5 or licensure. 

6 ‘‘(4) MANAGERIAL AND LEADERSHIP SKILLS.— 

7 Developing and implementing proven mechanisms to 

8 provide principals and superintendents with effective 

9 managerial, leadership, curricula, and instructional 

10 skills that result in increased student academic 

11 achievement. 

12 ‘‘(5) TEACHER SCHOLARSHIPS AND SUPPORT.— 

13 Providing— 

14 ‘‘(A) scholarships to help students, such as 

15 individuals who have been accepted by, or who 

16 are enrolled in, a program of undergraduate 

17 education at an institution of higher education, 

18 pay the costs of tuition, room, board, and other 

19 expenses of completing a teacher preparation 

20 program, if— 

21 ‘‘(i) the Secretary establishes such re22 quirements as the Secretary determines 

23 necessary to ensure that recipients of 

24 scholarships under this paragraph who 

25 complete teacher preparation programs— 
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•S 1614 IS 

1 ‘‘(I) subsequently teach in a 

2 high-need local educational agency for 

3 a period of time equivalent to the pe4 riod of time for which the recipient re5 ceived the scholarship assistance, plus 

6 an additional 1 year; or 

7 ‘‘(II) repay the amount of the 

8 scholarship if the recipient does not 

9 teach as described in subclause (I); 

10 and 

11 ‘‘(ii) the eligible partnership provides 

12 an assurance that the eligible partnership 

13 will recruit minority students to become 

14 highly qualified teachers; 

15 ‘‘(B) support services, if needed, to enable 

16 scholarship recipients to complete postsecondary 

17 education programs, or to transition from a ca18 reer outside of the field of education into a 

19 teaching career; and 

20 ‘‘(C) follow-up services for former scholar21 ship recipients during the recipients’ initial 

22 years of teaching. 

23 ‘‘(6) COORDINATION WITH COMMUNITY COL24 LEGES.— 
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1 ‘‘(A) TEACHER PREPARATION PRO2 GRAMS.—Coordinating with 2-year institutions 

3 of higher education to implement teacher prepa4 ration programs, including through distance 

5 learning, for the purposes of allowing prospec6 tive teachers— 

7 ‘‘(i) to obtain a bachelor’s degree and 

8 State certification or licensure; and 

9 ‘‘(ii) to become highly qualified teach10 ers. 

11 ‘‘(B) PROFESSIONAL DEVELOPMENT.—Co12 ordinating with 2-year institutions of higher 

13 education to provide professional development 

14 that— 

15 ‘‘(i) improves the academic content 

16 knowledge of teachers in the academic sub17 ject areas in which the teachers are cer18 tified or licensed to teach, or in which the 

19 teachers are working toward certification 

20 or licensure to teach; and 

21 ‘‘(ii) promotes effective teaching skills. 

22 ‘‘(7) CLINICAL EXPERIENCE IN SCIENCE, MATH23 EMATICS, AND TECHNOLOGY.—Creating opportuni24 ties for clinical experience and training for teachers 

25 and prospective teachers through participation with 
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1 professionals in business, research, and work envi2 ronments in areas relating to science, mathematics, 

3 and technology, including opportunities for using 

4 laboratory equipment. 

5 ‘‘(8) PROFESSIONAL DEVELOPMENT.—Creating 

6 opportunities for enhanced and ongoing professional 

7 development for experienced general education and 

8 special education teachers, early childhood edu9 cators, principals, administrators, and faculty. 

10 ‘‘(9) TECHNOLOGY.—The activity described in 

11 section 202(e)(9). 

12 ‘‘(10) AREAS OF INSTRUCTIONAL SHORTAGE.— 

13 Increasing the number of— 

14 ‘‘(A) teachers in the classroom providing 

15 instruction in high-need academic subject areas 

16 (such as reading, mathematics, science, and for17 eign language, including less commonly taught 

18 languages), and high-need areas (such as spe19 cial education, language instruction educational 

20 programs, and early childhood education); 

21 ‘‘(B) special education faculty dedicated to 

22 preparing highly qualified special education 

23 teachers at institutions of higher education; and 
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1 ‘‘(C) faculty at institutions of higher edu2 cation with expertise in instruction of students 

3 who are limited English proficient. 

4 ‘‘(11) IMPROVING INSTRUCTION.—Improving 

5 instruction by— 

6 ‘‘(A) improving understanding and instruc7 tion in core academic subjects and other, spe8 cialized courses, such as geography, American 

9 history and government, and world history; and 

10 ‘‘(B) creating externships for teachers and 

11 prospective teachers for field experience and 

12 training through participation in business, re13 search, and work environments in high-need 

14 academic subject areas (such as reading, math15 ematics, science, and foreign language, includ16 ing less commonly taught languages) and high17 need areas (such as special education, language 

18 instruction educational programs, and early 

19 childhood education). 

20 ‘‘(12) GRADUATE PROGRAMS.—Developing, in 

21 collaboration with departments, programs, or units 

22 of both academic content and teacher education 

23 within a partner institution, master’s degree pro24 grams that meet the demonstrated needs of teachers 

25 in the high-need local educational agency partici-
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•S 1614 IS 

1 pating in the eligible partnership for content exper2 tise and teaching skills. 

3 ‘‘(13) LITERACY TEACHER TRAINING.—Estab4 lishing and implementing a program that strength5 ens content knowledge and teaching skills of sec6 ondary school teachers in literacy that— 

7 ‘‘(A) provides teacher training and sti8 pends for literacy coaches who train classroom 

9 teachers to implement literacy programs; 

10 ‘‘(B) develops or redesigns rigorous re11 search-based curricula that are aligned with 

12 challenging State and local academic content 

13 standards, and with postsecondary standards 

14 for reading and writing; 

15 ‘‘(C) provides training and stipends for 

16 teachers to tutor students with intense individ17 ualized reading, writing, and subject matter in18 struction during or beyond the school day; 

19 ‘‘(D) provides opportunities for teachers to 

20 plan and assess instruction with other teachers, 

21 school leaders, and faculty at institutions of 

22 higher education; and 

23 ‘‘(E) establishes an evaluation and ac24 countability plan for activities conducted under 
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1 this paragraph to measure the impact of such 

2 activities. 

3 ‘‘(g) CONSTRUCTION.—Nothing in this section shall 

4 be construed to prohibit an eligible partnership from using 

5 grant funds to coordinate with the activities of eligible 

6 partnerships in other States or on a regional basis through 

7 Governors, State boards of education, State educational 

8 agencies, State agencies responsible for early childhood 

9 education, local educational agencies, or State agencies for 

10 higher education. 

11 ‘‘(h) SUPPLEMENT, NOT SUPPLANT.—Funds made 

12 available under this section shall be used to supplement, 

13 and not supplant, other Federal, State, and local funds 

14 that would otherwise be expended to carry out activities 

15 under this section. 

16 ‘‘SEC. 204. ADMINISTRATIVE PROVISIONS. 

17 ‘‘(a) DURATION; NUMBER OF AWARDS; PAY18 MENTS.— 

19 ‘‘(1) DURATION.— 

20 ‘‘(A) ELIGIBLE STATES.—Grants awarded 

21 to eligible States under this part shall be 

22 awarded for a period not to exceed 3 years. 

23 ‘‘(B) ELIGIBLE PARTNERSHIPS.—Grants 

24 awarded to eligible partnerships under this part 

25 shall be awarded for a period of 5 years. 
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1 ‘‘(2) NUMBER OF AWARDS.—An eligible part2 nership may not receive more than 1 grant during 

3 a 5-year period. Nothing in this title shall be con4 strued to prohibit an individual member, that can 

5 demonstrate need, of an eligible partnership that re6 ceives a grant under this title from entering into an7 other eligible partnership consisting of new members 

8 and receiving a grant with such other eligible part9 nership before the 5-year period described in the 

10 preceding sentence applicable to the eligible partner11 ship with which the individual member has first 

12 partnered has expired. 

13 ‘‘(3) PAYMENTS.—The Secretary shall make 

14 annual payments of grant funds awarded under this 

15 part. 

16 ‘‘(b) PEER REVIEW.— 

17 ‘‘(1) PANEL.—The Secretary shall provide the 

18 applications submitted under this part to a peer re19 view panel for evaluation. With respect to each ap20 plication, the peer review panel shall initially rec21 ommend the application for funding or for dis22 approval. 

23 ‘‘(2) PRIORITY.—In recommending applications 

24 to the Secretary for funding under this part, the 

25 panel shall— 
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•S 1614 IS 

1 ‘‘(A) with respect to grants under section 

2 202, give priority to eligible States— 

3 ‘‘(i) that have innovative reforms to 

4 hold institutions of higher education with 

5 teacher preparation programs accountable 

6 for preparing teachers to become highly 

7 qualified and have effective teaching skills; 

8 ‘‘(ii) that have innovative efforts 

9 aimed at reducing the shortage of highly 

10 qualified general and special education 

11 teachers, including in low-income urban 

12 and rural areas and in high-need academic 

13 subject areas (such as reading, mathe14 matics, science, and foreign language, in15 cluding less commonly taught languages); 

16 and 

17 ‘‘(iii) whose awards promote an equi18 table geographic distribution of grants 

19 among rural and urban areas; and 

20 ‘‘(B) with respect to grants under section 

21 203, give priority— 

22 ‘‘(i) to applications from broad-based 

23 eligible partnerships that involve busi24 nesses and community organizations; and 
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•S 1614 IS 

1 ‘‘(ii) to eligible partnerships so that 

2 the awards promote an equitable geo3 graphic distribution of grants among rural 

4 and urban areas. 

5 ‘‘(3) SECRETARIAL SELECTION.—The Secretary 

6 shall determine, based on the peer review process, 

7 which applications shall receive funding and the 

8 amounts of the grants. In determining grant 

9 amounts, the Secretary shall take into account the 

10 total amount of funds available for all grants under 

11 this part and the types of activities proposed to be 

12 carried out. 

13 ‘‘(c) MATCHING REQUIREMENTS.— 

14 ‘‘(1) STATE GRANTS.—Each eligible State re15 ceiving a grant under section 202 shall provide, from 

16 non-Federal sources, an amount equal to 50 percent 

17 of the amount of the grant (in cash or in kind) to 

18 carry out the activities supported by the grant. 

19 ‘‘(2) PARTNERSHIP GRANTS.—Each eligible 

20 partnership receiving a grant under section 203 

21 shall provide, from non-Federal sources (in cash or 

22 in kind), an amount equal to 25 percent of the 

23 amount of the grant for the first year of the grant, 

24 35 percent of the amount of the grant for the second 
95 

•S 1614 IS 

1 year of the grant, and 50 percent of the amount of 

2 the grant for each succeeding year of the grant. 

3 ‘‘(d) LIMITATION ON ADMINISTRATIVE EXPENSES.— 

4 An eligible State or eligible partnership that receives a 

5 grant under this part may use not more than 2 percent 

6 of the grant funds for purposes of administering the grant. 

7 ‘‘(e) ADDITIONAL ACTIVITIES.—The Secretary shall 

8 use funds repaid pursuant to section 202(e)(4)(A)(i)(II) 

9 or section 203(f)(5)(A)(i)(II) to carry out additional ac10 tivities under section 202 or 203, respectively. 

11 ‘‘SEC. 205. ACCOUNTABILITY AND EVALUATION. 

12 ‘‘(a) STATE GRANT ACCOUNTABILITY REPORT.—An 

13 eligible State that receives a grant under section 202 shall 

14 submit an annual accountability report to the Secretary 

15 and the authorizing committees. Such report shall include 

16 a description of the degree to which the eligible State, in 

17 using funds provided under such section, has made 

18 progress in meeting the purposes of this part and substan19 tial progress in meeting the following goals, as applicable: 

20 ‘‘(1) STUDENT ACADEMIC ACHIEVEMENT.—In21 creasing student academic achievement for all stu22 dents as defined by the eligible State. 

23 ‘‘(2) RAISING STANDARDS.—Raising the State 

24 academic standards required to enter the teaching 

25 profession as a highly qualified teacher, and where 
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1 applicable, as a fully competent early childhood edu2 cator. 

3 ‘‘(3) INITIAL CERTIFICATION OR LICENSURE.— 

4 Increasing success in the pass rates and scaled 

5 scores for initial State teacher certification or licen6 sure, or increasing the numbers of qualified individ7 uals being certified or licensed as teachers through 

8 alternative routes to State certification or licensure 

9 programs. 

10 ‘‘(4) PERCENTAGE OF HIGHLY QUALIFIED

11 TEACHERS.—Providing data on the progress of the 

12 State towards meeting the highly qualified teacher 

13 requirements under section 1119(a)(2) of the Ele14 mentary and Secondary Education Act of 1965. 

15 ‘‘(5) DECREASING TEACHER SHORTAGES.—De16 creasing shortages of— 

17 ‘‘(A) highly qualified teachers in— 

18 ‘‘(i) low-income urban and rural 

19 areas; 

20 ‘‘(ii) high-need academic subject areas 

21 (such as reading, mathematics, science, 

22 and foreign language, including less com23 monly taught languages); 

24 ‘‘(iii) special education; and 
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•S 1614 IS 

1 ‘‘(iv) high-need areas (such as special 

2 education, language instruction educational 

3 programs, and early childhood education); 

4 and 

5 ‘‘(B) fully competent early childhood edu6 cators. 

7 ‘‘(6) INCREASING OPPORTUNITIES FOR PROFES8 SIONAL DEVELOPMENT.—Increasing opportunities 

9 for enhanced and ongoing professional development 

10 that— 

11 ‘‘(A) improves the academic content knowl12 edge of teachers in the academic subject areas 

13 in which the teachers are certified or licensed to 

14 teach or in which the teachers are working to15 ward certification or licensure to teach; and 

16 ‘‘(B) promotes effective teaching skills. 

17 ‘‘(b) ELIGIBLE PARTNERSHIP EVALUATION.—Each 

18 eligible partnership submitting an application for a grant 

19 under section 203 shall establish and include in such ap20 plication, an evaluation plan that includes strong perform21 ance objectives. The plan shall include objectives and 

22 measures for increasing— 

23 ‘‘(1) student achievement for all students as 

24 measured by the eligible partnership; 
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1 ‘‘(2) teacher retention in the first 3 years of a 

2 teacher’s career; 

3 ‘‘(3) success in the pass rates and scaled scores 

4 for initial State certification or licensure of teachers; 

5 ‘‘(4) the percentage of highly qualified teachers 

6 hired by the high-need local educational agency par7 ticipating in the eligible partnership; and 

8 ‘‘(5) the percentage of— 

9 ‘‘(A) highly qualified teachers among 

10 underrepresented groups, in high-need academic 

11 subject areas (such as reading, mathematics, 

12 science, and foreign language, including less 

13 commonly taught languages), in high-need 

14 areas (such as special education, language in15 struction educational programs, and early child16 hood education), and in high-need schools; 

17 ‘‘(B) elementary school, middle school, and 

18 secondary school classes taught by teachers who 

19 are highly qualified; 

20 ‘‘(C) early childhood education program 

21 classes taught by providers who are fully com22 petent; and 

23 ‘‘(D) highly qualified special education 

24 teachers. 

25 ‘‘(c) REVOCATION OF GRANT.— 
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1 ‘‘(1) ELIGIBLE STATES.—If the Secretary de2 termines that an eligible State is not making sub3 stantial progress in meeting the purposes, goals, ob4 jectives, and measures, as appropriate, by the end of 

5 the second year of a grant under this part, then the 

6 grant payment shall not be made for the third year 

7 of the grant. 

8 ‘‘(2) ELIGIBLE PARTNERSHIPS.—If the Sec9 retary determines that an eligible partnership is not 

10 making substantial progress in meeting the pur11 poses, goals, objectives, and measures, as appro12 priate, by the end of the third year of a grant under 

13 this part, then the grant payments shall not be made 

14 for any succeeding year of the grant. 

15 ‘‘(d) EVALUATION AND DISSEMINATION.—The Sec16 retary shall evaluate the activities funded under this part 

17 and report the Secretary’s findings regarding the activities 

18 to the authorizing committees. The Secretary shall broadly 

19 disseminate— 

20 ‘‘(1) successful practices developed by eligible 

21 States and eligible partnerships under this part; and 

22 ‘‘(2) information regarding such practices that 

23 were found to be ineffective. 
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1 ‘‘SEC. 206. ACCOUNTABILITY FOR PROGRAMS THAT PRE2 PARE TEACHERS. 

3 ‘‘(a) INSTITUTIONAL AND PROGRAM REPORT CARDS

4 ON THE QUALITY OF TEACHER PREPARATION.— 

5 ‘‘(1) REPORT CARD.—Each institution of higher 

6 education that conducts a traditional teacher prepa7 ration program or an alternative routes to State cer8 tification or licensure program and that enrolls stu9 dents receiving Federal assistance under this Act 

10 shall report annually to the State and the general 

11 public, in a uniform and comprehensible manner 

12 that conforms with the definitions and methods es13 tablished by the Secretary, both for traditional 

14 teacher preparation programs and alternative routes 

15 to State certification or licensure programs, the fol16 lowing information: 

17 ‘‘(A) PASS RATES AND SCALED SCORES.— 

18 For the most recent year for which the informa19 tion is available for those students who are en20 rolled in the traditional teacher preparation 

21 program or alternative routes to State certifi22 cation or licensure program, or who have com23 pleted the traditional teacher preparation pro24 gram or alternative routes to State certification 

25 or licensure program during the 2-year period 

26 preceding such year, for each of the assess-
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1 ments used for teacher certification or licensure 

2 by the State in which the program is located— 

3 ‘‘(i) the percentage of students who 

4 have completed 100 percent of the nonclin5 ical coursework and taken the assessment 

6 who pass such assessment; 

7 ‘‘(ii) the percentage of all students 

8 who passed each such assessment; 

9 ‘‘(iii) the percentage of students tak10 ing an assessment who completed the 

11 teacher preparation program after enroll12 ing in the program, which shall be made 

13 available widely and publicly by the State; 

14 ‘‘(iv) the average scaled score for all 

15 students who passed each such assessment; 

16 ‘‘(v) a comparison of the program’s 

17 pass rates with the average pass rates for 

18 programs in the State; and 

19 ‘‘(vi) a comparison of the program’s 

20 average scaled scores with the average 

21 scaled scores for programs in the State. 

22 ‘‘(B) PROGRAM INFORMATION.—The cri23 teria for admission into the program, the num24 ber of students in the program (disaggregated 

25 by race and gender), the average number of 
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1 hours of supervised clinical experience required 

2 for those in the program, the number of full3 time equivalent faculty and students in the su4 pervised clinical experience, and the total num5 ber of students who have been certified or li6 censed as teachers, disaggregated by subject 

7 and area of certification or licensure. 

8 ‘‘(C) STATEMENT.—In States that require 

9 approval or accreditation of teacher preparation 

10 programs, a statement of whether the institu11 tion’s program is so approved or accredited, 

12 and by whom. 

13 ‘‘(D) DESIGNATION AS LOW-PER14 FORMING.—Whether the program has been des15 ignated as low-performing by the State under 

16 section 207(a). 

17 ‘‘(E) USE OF TECHNOLOGY.—A descrip18 tion of the activities that prepare teachers to ef19 fectively integrate technology into curricula and 

20 instruction and effectively use technology to col21 lect, manage, and analyze data in order to im22 prove teaching, learning, and decision making 

23 for the purpose of increasing student academic 

24 achievement. 
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1 ‘‘(2) REPORT.—Each eligible partnership re2 ceiving a grant under section 203 shall report annu3 ally on the progress of the eligible partnership to4 ward meeting the purposes of this part and the ob5 jectives and measures described in section 205(b). 

6 ‘‘(3) FINES.—The Secretary may impose a fine 

7 not to exceed $25,000 on an institution of higher 

8 education for failure to provide the information de9 scribed in this subsection in a timely or accurate 

10 manner. 

11 ‘‘(4) SPECIAL RULE.—In the case of an institu12 tion of higher education that conducts a traditional 

13 teacher preparation program or an alternative routes 

14 to State certification or licensure program and has 

15 fewer than 10 scores reported on any single initial 

16 teacher certification or licensure assessment during 

17 an academic year, the institution shall collect and 

18 publish information, as required under paragraph 

19 (1)(A), with respect to an average pass rate and 

20 scaled score on each State certification or licensure 

21 assessment taken over a 3-year period. 

22 ‘‘(b) STATE REPORT CARD ON THE QUALITY OF

23 TEACHER PREPARATION.— 

24 ‘‘(1) IN GENERAL.—Each State that receives 

25 funds under this Act shall provide to the Secretary, 
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•S 1614 IS 

1 annually, in a uniform and comprehensible manner 

2 that conforms with the definitions and methods es3 tablished by the Secretary, a State report card on 

4 the quality of teacher preparation in the State, both 

5 for traditional teacher preparation programs and for 

6 alternative routes to State certification or licensure 

7 programs, which shall include not less than the fol8 lowing: 

9 ‘‘(A) A description of reliability and valid10 ity of the teacher certification and licensure as11 sessments, and any other certification and licen12 sure requirements, used by the State. 

13 ‘‘(B) The standards and criteria that pro14 spective teachers must meet in order to attain 

15 initial teacher certification or licensure and to 

16 be certified or licensed to teach particular aca17 demic subject areas or in particular grades 

18 within the State. 

19 ‘‘(C) A description of how the assessments 

20 and requirements described in subparagraph 

21 (A) are aligned with the State’s challenging 

22 academic content standards required under sec23 tion 1111(b)(1) of the Elementary and Sec24 ondary Education Act of 1965 and State early 
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1 learning standards for early childhood education 

2 programs. 

3 ‘‘(D) For each of the assessments used by 

4 the State for teacher certification or licensure— 

5 ‘‘(i) for each institution of higher edu6 cation located in the State and each entity 

7 located in the State that offers an alter8 native route for teacher certification or li9 censure, the percentage of students at such 

10 institution or entity who have completed 

11 100 percent of the nonclinical coursework 

12 and taken the assessment who pass such 

13 assessment; 

14 ‘‘(ii) the percentage of all such stu15 dents at all such institutions taking the as16 sessment who pass such assessment; and 

17 ‘‘(iii) the percentage of students tak18 ing an assessment who completed the 

19 teacher preparation program after enroll20 ing in the program, which shall be made 

21 available widely and publicly by the State. 

22 ‘‘(E) A description of alternative routes to 

23 State certification or licensure in the State, if 

24 any, including, for each of the assessments used 
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1 by the State for teacher certification or licen2 sure— 

3 ‘‘(i) the percentage of individuals par4 ticipating in such routes, or who have com5 pleted such routes during the 2-year period 

6 preceding the date of the determination, 

7 who passed each such assessment; and 

8 ‘‘(ii) the average scaled score of indi9 viduals participating in such routes, or who 

10 have completed such routes during the pe11 riod preceding the date of the determina12 tion, who passed each such assessment. 

13 ‘‘(F) A description of the State’s criteria 

14 for assessing the performance of teacher prepa15 ration programs within institutions of higher 

16 education in the State. Such criteria shall in17 clude indicators of the academic content knowl18 edge and teaching skills of students enrolled in 

19 such programs. 

20 ‘‘(G) For each teacher preparation pro21 gram in the State, the criteria for admission 

22 into the program, the number of students in the 

23 program (disaggregated by race and gender), 

24 the average number of hours of supervised clin25 ical experience required for those in the pro-
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1 gram, and the number of full-time equivalent 

2 faculty, adjunct faculty, and students in super3 vised clinical experience. 

4 ‘‘(H) For the State as a whole, and for 

5 each teacher preparation program in the State, 

6 the number of teachers prepared, in the aggre7 gate and reported separately by— 

8 ‘‘(i) area of certification or licensure; 

9 ‘‘(ii) academic major; and 

10 ‘‘(iii) subject area for which the teach11 er has been prepared to teach. 

12 ‘‘(I) Using the data generated under sub13 paragraphs (G) and (H), a description of the 

14 extent to which teacher preparation programs 

15 are helping to address shortages of highly quali16 fied teachers, by area of certification or licen17 sure, subject, and specialty, in the State’s pub18 lic schools, including those areas described in 

19 section 205(a)(5). 

20 ‘‘(J) A description of the activities that 

21 prepare teachers to effectively integrate tech22 nology into curricula and instruction and effec23 tively use technology to collect, manage, and 

24 analyze data in order to improve teaching, 
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1 learning, and decision making for the purpose 

2 of increasing student academic achievement. 

3 ‘‘(2) PROHIBITION AGAINST CREATING A NA4 TIONAL LIST.—The Secretary shall not create a na5 tional list or ranking of States or schools using the 

6 scaled scores provided under this subsection. 

7 ‘‘(c) REPORT OF THE SECRETARY ON THE QUALITY

8 OF TEACHER PREPARATION.— 

9 ‘‘(1) REPORT CARD.—The Secretary shall pro10 vide to Congress, and publish and make widely avail11 able, a report card on teacher qualifications and 

12 preparation in the United States, including all the 

13 information reported in subparagraphs (A) through 

14 (J) of subsection (b)(1). Such report shall identify 

15 States for which eligible States and eligible partner16 ships received a grant under this part. Such report 

17 shall be so provided, published, and made available 

18 annually. 

19 ‘‘(2) REPORT TO CONGRESS.—The Secretary 

20 shall prepare and submit a report to Congress that 

21 contains the following: 

22 ‘‘(A) A comparison of States efforts to im23 prove the quality of the current and future 

24 teaching force. 
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•S 1614 IS 

1 ‘‘(B) A comparison of eligible partnerships’ 

2 efforts to improve the quality of the current 

3 and future teaching force. 

4 ‘‘(C) The national mean and median scaled 

5 scores and pass rate on any standardized test 

6 that is used in more than 1 State for teacher 

7 certification or licensure. 

8 ‘‘(3) SPECIAL RULE.—In the case of a teacher 

9 preparation program with fewer than 10 scores re10 ported on any single initial teacher certification or li11 censure assessment during an academic year, the 

12 Secretary shall collect and publish information, and 

13 make publicly available, with respect to an average 

14 pass rate and scaled score on each State certification 

15 or licensure assessment taken over a 3-year period. 

16 ‘‘(d) COORDINATION.—The Secretary, to the extent 

17 practicable, shall coordinate the information collected and 

18 published under this part among States for individuals 

19 who took State teacher certification or licensure assess20 ments in a State other than the State in which the indi21 vidual received the individual’s most recent degree. 

22 ‘‘SEC. 207. STATE FUNCTIONS. 

23 ‘‘(a) STATE ASSESSMENT.—In order to receive funds 

24 under this Act, a State shall have in place a procedure 

25 to identify and assist, through the provision of technical 
110 

•S 1614 IS 

1 assistance, low-performing programs of teacher prepara2 tion. Such State shall provide the Secretary an annual list 

3 of such low-performing teacher preparation programs that 

4 includes an identification of those programs at risk of 

5 being placed on such list. Such levels of performance shall 

6 be determined solely by the State and may include criteria 

7 based on information collected pursuant to this part. Such 

8 assessment shall be described in the report under section 

9 206(b). 

10 ‘‘(b) TERMINATION OF ELIGIBILITY.—Any program 

11 of teacher preparation from which the State has with12 drawn the State’s approval, or terminated the State’s fi13 nancial support, due to the low performance of the pro14 gram based upon the State assessment described in sub15 section (a)— 

16 ‘‘(1) shall be ineligible for any funding for pro17 fessional development activities awarded by the De18 partment; 

19 ‘‘(2) shall not be permitted to accept or enroll 

20 any student that receives aid under title IV in the 

21 institution’s teacher preparation program; and 

22 ‘‘(3) shall provide transitional support, includ23 ing remedial services if necessary, for students en24 rolled at the institution at the time of termination 

25 of financial support or withdrawal of approval. 
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•S 1614 IS 

1 ‘‘(c) NEGOTIATED RULEMAKING.—If the Secretary 

2 develops any regulations implementing subsection (b)(2), 

3 the Secretary shall submit such proposed regulations to 

4 a negotiated rulemaking process, which shall include rep5 resentatives of States, institutions of higher education, 

6 and educational and student organizations. 

7 ‘‘(d) APPLICATION OF THE REQUIREMENTS.—The 

8 requirements of this section shall apply to both traditional 

9 teacher preparation programs and alternative routes to 

10 State certification and licensure programs. 

11 ‘‘SEC. 208. GENERAL PROVISIONS. 

12 ‘‘(a) METHODS.—In complying with sections 206 and 

13 207, the Secretary shall ensure that States and institu14 tions of higher education use fair and equitable methods 

15 in reporting and that the reporting methods do not allow 

16 identification of individuals. 

17 ‘‘(b) SPECIAL RULE.—For each State that does not 

18 use content assessments as a means of ensuring that all 

19 teachers teaching in core academic subjects within the 

20 State are highly qualified not later than the end of the 

21 2005-2006 school year, as required under section 1119 of 

22 the Elementary and Secondary Education Act of 1965, 

23 and that each person employed as a special education 

24 teacher in the State who teaches elementary school, middle 

25 school, or secondary school is highly qualified by such 
112 

•S 1614 IS 

1 deadline, as required under section 612(a)(14)(C) of the 

2 Individuals with Disabilities Education Act,— 

3 ‘‘(1) the Secretary shall, to the extent prac4 ticable, collect data comparable to the data required 

5 under this part from States, local educational agen6 cies, institutions of higher education, or other enti7 ties that administer such assessments to teachers or 

8 prospective teachers; and 

9 ‘‘(2) notwithstanding any other provision of this 

10 part, the Secretary shall use such data to carry out 

11 requirements of this part related to assessments, 

12 pass rates, and scaled scores. 

13 ‘‘(c) LIMITATIONS.— 

14 ‘‘(1) FEDERAL CONTROL PROHIBITED.—Noth15 ing in this title shall be construed to permit, allow, 

16 encourage, or authorize any Federal control over any 

17 aspect of any private, religious, or home school, 

18 whether or not a home school is treated as a private 

19 school or home school under State law. This section 

20 shall not be construed to prohibit private, religious, 

21 or home schools from participation in programs or 

22 services under this title. 

23 ‘‘(2) NO CHANGE IN STATE CONTROL ENCOUR24 AGED OR REQUIRED.—Nothing in this title shall be 

25 construed to encourage or require any change in a 
113 

•S 1614 IS 

1 State’s treatment of any private, religious, or home 

2 school, whether or not a home school is treated as 

3 a private school or home school under State law. 

4 ‘‘(3) NATIONAL SYSTEM OF TEACHER CERTIFI5 CATION OR LICENSURE PROHIBITED.—Nothing in 

6 this title shall be construed to permit, allow, encour7 age, or authorize the Secretary to establish or sup8 port any national system of teacher certification or 

9 licensure. 

10 ‘‘(d) RELEASE OF INFORMATION TO TEACHER PREP11 ARATION PROGRAMS.— 

12 ‘‘(1) IN GENERAL.—For the purpose of improv13 ing teacher preparation programs, a State edu14 cational agency shall provide to a teacher prepara15 tion program, upon the request of the teacher prepa16 ration program, any and all pertinent education-re17 lated information that— 

18 ‘‘(A) may enable the teacher preparation 

19 program to evaluate the effectiveness of the 

20 program’s graduates or the program itself; and 

21 ‘‘(B) is possessed, controlled, or accessible 

22 by the State educational agency. 

23 ‘‘(2) CONTENT OF INFORMATION.—The infor24 mation described in paragraph (1)— 
114 

•S 1614 IS 

1 ‘‘(A) shall include an identification of spe2 cific individuals who graduated from the teach3 er preparation program to enable the teacher 

4 preparation program to evaluate the informa5 tion provided to the program from the State 

6 educational agency with the program’s own 

7 data about the specific courses taken by, and 

8 field experiences of, the individual graduates; 

9 and 

10 ‘‘(B) may include— 

11 ‘‘(i) kindergarten through grade 12 

12 academic achievement and demographic 

13 data, without individual identifying infor14 mation, for students who have been taught 

15 by graduates of the teacher preparation 

16 program; and 

17 ‘‘(ii) teacher effectiveness evaluations 

18 for teachers who graduated from the teach19 er preparation program. 

20 ‘‘SEC. 209. AUTHORIZATION OF APPROPRIATIONS. 

21 ‘‘(a) IN GENERAL.—There are authorized to be ap22 propriated to carry out this part such sums as may be 

23 necessary for fiscal year 2006 and each of the 5 suc24 ceeding fiscal years, of which— 
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•S 1614 IS 

1 ‘‘(1) 50 percent shall be available for each fiscal 

2 year to award grants under section 202; and 

3 ‘‘(2) 50 percent shall be available for each fiscal 

4 year to award grants under section 203. 

5 ‘‘(b) SPECIAL RULE.—If the Secretary determines 

6 that there is an insufficient number of meritorious appli7 cations for grants under section 202 or 203 to justify 

8 awarding the full amount described in paragraph (1) or 

9 (2) of subsection (a), respectively, the Secretary may, after 

10 funding the meritorious applications, use the remaining 

11 funds for grants under the other such section.’’. 

12 TITLE III—INSTITUTIONAL AID 

13 SEC. 301. PROGRAM PURPOSE. 

14 Section 311 (20 U.S.C. 1057) is amended— 

15 (1) in subsection (b)— 

16 (A) in paragraph (1), by striking ‘‘351’’ 

17 and inserting ‘‘391’’; and 

18 (B) in paragraph (3)(F), by inserting ‘‘, 

19 including services that will assist in the edu20 cation of special populations’’ before the period; 

21 and 

22 (2) in subsection (c)— 

23 (A) in paragraph (6), by inserting ‘‘, in24 cluding innovative, customized, remedial edu25 cation and English language instruction courses 
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•S 1614 IS 

1 designed to help retain students and move the 

2 students rapidly into core courses and through 

3 program completion’’ before the period; 

4 (B) by redesignating paragraphs (7) 

5 through (12) as paragraphs (8) through (13), 

6 respectively; 

7 (C) by inserting after paragraph (6) the 

8 following: 

9 ‘‘(7) Education or counseling services designed 

10 to improve the financial literacy and economic lit11 eracy of students or the students’ parents.’’; and 

12 (D) in the matter preceding subparagraph 

13 (A) of paragraph (13) (as redesignated by sub14 paragraph (B)), by striking ‘‘subsection (c)’’ 

15 and inserting ‘‘subsection (b) and section 391’’. 

16 SEC. 302. DEFINITIONS; ELIGIBILITY. 

17 Section 312 (20 U.S.C. 1058) is amended— 

18 (1) in subsection (b)(1)(A), by striking ‘‘sub19 section (c) of this section’’ and inserting ‘‘subsection 

20 (d)’’; and 

21 (2) in subsection (d)(2), by striking ‘‘subdivi22 sion’’ and inserting ‘‘paragraph’’. 

23 SEC. 303. AMERICAN INDIAN TRIBALLY CONTROLLED COL24 LEGES AND UNIVERSITIES. 

25 Section 316 (20 U.S.C. 1059c) is amended— 
117 

•S 1614 IS 

1 (1) by striking subsection (b)(3) and inserting 

2 the following: 

3 ‘‘(3) TRIBAL COLLEGE OR UNIVERSITY.—The 

4 term ‘Tribal College or University’ means an institu5 tion that meets the definition of a tribally controlled 

6 college or university in section 2 of the Tribally Con7 trolled College or University Assistance Act of 1978 

8 (25 U.S.C. 1801).’’; 

9 (2) in subsection (c)(2)— 

10 (A) in subparagraph (B), by inserting be11 fore the semicolon at the end the following: 

12 ‘‘and the acquisition of real property adjacent 

13 to the campus of the institution’’; 

14 (B) by redesignating subparagraphs (G), 

15 (H), (I), (J), (K), and (L) as subparagraphs 

16 (H), (I), (J), (K), (L), and (N), respectively; 

17 (C) by inserting after subparagraph (F) 

18 the following: 

19 ‘‘(G) education or counseling services de20 signed to improve the financial literacy and eco21 nomic literacy of students or parents of stu22 dents;’’; 

23 (D) in subparagraph (L) (as redesignated 

24 by subparagraph (B)), by striking ‘‘and’’ after 

25 the semicolon; 
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•S 1614 IS 

1 (E) by inserting after subparagraph (L) 

2 (as redesignated by subparagraph (B)) the fol3 lowing: 

4 ‘‘(M) developing or improving facilities for 

5 Internet use or other distance learning aca6 demic instruction capabilities; and’’; and 

7 (F) in subparagraph (N) (as redesignated 

8 by subparagraph (B)), by striking ‘‘subpara9 graphs (A) through (K)’’ and inserting ‘‘sub10 paragraphs (A) through (M)’’; and 

11 (3) by striking subsection (d) and inserting the 

12 following: 

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

14 ‘‘(1) INSTITUTIONAL ELIGIBILITY.—To be eligi15 ble to receive assistance under this section, a Tribal 

16 College or University shall be an eligible institution 

17 under section 312(b). 

18 ‘‘(2) APPLICATION.— 

19 ‘‘(A) IN GENERAL.—A Tribal College or 

20 University desiring to receive assistance under 

21 this section shall submit an application to the 

22 Secretary at such time, and in such manner, as 

23 the Secretary may reasonably require. 

24 ‘‘(B) STREAMLINED PROCESS.—The Sec25 retary shall establish application requirements 
119 

•S 1614 IS 

1 in such a manner as to simplify and streamline 

2 the process for applying for grants. 

3 ‘‘(3) ALLOCATIONS TO INSTITUTIONS.— 

4 ‘‘(A) CONSTRUCTION GRANTS.— 

5 ‘‘(i) IN GENERAL.—Of the amount ap6 propriated to carry out this section for any 

7 fiscal year, the Secretary may reserve 30 

8 percent for the purpose of awarding 1-year 

9 grants of not less than $1,000,000 to ad10 dress maintenance and renovation needs at 

11 eligible institutions. 

12 ‘‘(ii) PREFERENCE.—In providing 

13 grants under clause (i), the Secretary shall 

14 give preference to eligible institutions that 

15 have not yet received an award under this 

16 section. 

17 ‘‘(B) ALLOTMENT OF REMAINING

18 FUNDS.— 

19 ‘‘(i) IN GENERAL.—Except as pro20 vided in clause (ii), the Secretary shall dis21 tribute the remaining funds appropriated 

22 for any fiscal year to each eligible institu23 tion as follows: 

24 ‘‘(I) 60 percent of the remaining 

25 appropriated funds shall be distrib-
120 

•S 1614 IS 

1 uted among the eligible Tribal Col2 leges and Universities on a pro rata 

3 basis, based on the respective Indian 

4 student counts (as defined in section 

5 2(a) of the Tribally Controlled College 

6 or University Assistance Act of 1978 

7 (25 U.S.C. 1801(a)) of the Tribal 

8 Colleges and Universities; and 

9 ‘‘(II) the remaining 40 percent 

10 shall be distributed in equal shares to 

11 eligible Tribal Colleges and Univer12 sities. 

13 ‘‘(ii) MINIMUM GRANT.—The amount 

14 distributed to a Tribal College or Univer15 sity under clause (i) shall not be less than 

16 $500,000. 

17 ‘‘(4) SPECIAL RULES.— 

18 ‘‘(A) CONCURRENT FUNDING.—For the 

19 purposes of this part, no Tribal College or Uni20 versity that is eligible for and receives funds 

21 under this section shall concurrently receive 

22 funds under other provisions of this part or 

23 part B. 
121 

•S 1614 IS 

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

2 not apply to institutions that are eligible to re3 ceive funds under this section.’’. 

4 SEC. 304. ALASKA NATIVE AND NATIVE HAWAIIAN-SERVING 

5 INSTITUTIONS. 

6 Section 317(c)(2) (20 U.S.C. 1059d(c)(2)) is amend7 ed— 

8 (1) in subparagraph (G), by striking ‘‘and’’ 

9 after the semicolon; 

10 (2) in subparagraph (H), by striking the period 

11 and inserting ‘‘; and’’; and 

12 (3) by adding at the end the following: 

13 ‘‘(I) education or counseling services de14 signed to improve the financial literacy and eco15 nomic literacy of students or the students’ par16 ents.’’. 

17 SEC. 305. NATIVE AMERICAN-SERVING, NONTRIBAL INSTI18 TUTIONS. 

19 (a) GRANT PROGRAM AUTHORIZED.—Part A of title 

20 III (20 U.S.C. 1057 et seq.) is amended by adding at the 

21 end the following: 

22 ‘‘SEC. 318. NATIVE AMERICAN-SERVING, NONTRIBAL INSTI23 TUTIONS. 

24 ‘‘(a) PROGRAM AUTHORIZED.—The Secretary shall 

25 provide grants and related assistance to Native American- 
122 

•S 1614 IS 

1 serving, nontribal institutions to enable such institutions 

2 to improve and expand their capacity to serve Native 

3 Americans. 

4 ‘‘(b) DEFINITIONS.—In this section: 

5 ‘‘(1) NATIVE AMERICAN.—The term ‘Native 

6 American’ means an individual who is of a tribe, 

7 people, or culture that is indigenous to the United 

8 States. 

9 ‘‘(2) NATIVE AMERICAN-SERVING, NONTRIBAL

10 INSTITUTION.—The term ‘Native American-serving, 

11 nontribal institution’ means an institution of higher 

12 education that, at the time of application— 

13 ‘‘(A) has an enrollment of undergraduate 

14 students that is not less than 10 percent Native 

15 American students; and 

16 ‘‘(B) is not a Tribal College or University 

17 (as defined in section 316). 

18 ‘‘(c) AUTHORIZED ACTIVITIES.— 

19 ‘‘(1) TYPES OF ACTIVITIES AUTHORIZED.— 

20 Grants awarded under this section shall be used by 

21 Native American-serving, nontribal institutions to 

22 assist such institutions to plan, develop, undertake, 

23 and carry out activities to improve and expand such 

24 institutions’ capacity to serve Native Americans. 
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•S 1614 IS 

1 ‘‘(2) EXAMPLES OF AUTHORIZED ACTIVITIES.— 

2 Such programs may include— 

3 ‘‘(A) the purchase, rental, or lease of sci4 entific or laboratory equipment for educational 

5 purposes, including instructional and research 

6 purposes; 

7 ‘‘(B) renovation and improvement in class8 room, library, laboratory, and other instruc9 tional facilities; 

10 ‘‘(C) support of faculty exchanges, and fac11 ulty development and faculty fellowships to as12 sist faculty in attaining advanced degrees in the 

13 faculty’s field of instruction; 

14 ‘‘(D) curriculum development and aca15 demic instruction; 

16 ‘‘(E) the purchase of library books, peri17 odicals, microfilm, and other educational mate18 rials; 

19 ‘‘(F) funds and administrative manage20 ment, and acquisition of equipment for use in 

21 strengthening funds management; 

22 ‘‘(G) the joint use of facilities such as lab23 oratories and libraries; and 

24 ‘‘(H) academic tutoring and counseling 

25 programs and student support services. 
124 

•S 1614 IS 

1 ‘‘(d) APPLICATION PROCESS.— 

2 ‘‘(1) INSTITUTIONAL ELIGIBILITY.—A Native 

3 American-serving, nontribal institution desiring to 

4 receive assistance under this section shall submit to 

5 the Secretary such enrollment data as may be nec6 essary to demonstrate that the institution is a Na7 tive American-serving, nontribal institution, along 

8 with such other information and data as the Sec9 retary may by regulation require. 

10 ‘‘(2) APPLICATIONS.— 

11 ‘‘(A) PERMISSION TO SUBMIT APPLICA12 TIONS.—Any institution that is determined by 

13 the Secretary to be a Native American-serving, 

14 nontribal institution may submit an application 

15 for assistance under this section to the Sec16 retary. 

17 ‘‘(B) SIMPLIFIED AND STREAMLINED FOR18 MAT.—The Secretary shall, to the extent pos19 sible, prescribe a simplified and streamlined for20 mat for applications under this section that 

21 takes into account the limited number of insti22 tutions that are eligible for assistance under 

23 this section. 

24 ‘‘(C) CONTENT.—An application submitted 

25 under subparagraph (A) shall include— 
125 

•S 1614 IS 

1 ‘‘(i) a 5-year plan for improving the 

2 assistance provided by the Native Amer3 ican-serving, nontribal institution to Native 

4 Americans; and 

5 ‘‘(ii) such other information and as6 surances as the Secretary may require. 

7 ‘‘(3) SPECIAL RULES.— 

8 ‘‘(A) ELIGIBILITY.—No Native American9 serving, nontribal institution that receives funds 

10 under this section shall concurrently receive 

11 funds under other provisions of this part or 

12 part B. 

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

14 not apply to institutions that are eligible to re15 ceive funds under this section. 

16 ‘‘(C) DISTRIBUTION.—In awarding grants 

17 under this section, the Secretary shall, to the 

18 extent possible and consistent with the competi19 tive process under which such grants are 

20 awarded, ensure maximum and equitable dis21 tribution among all eligible institutions.’’. 

22 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

23 399 (20 U.S.C. 1068h) is amended by adding at the end 

24 the following: 
126 

•S 1614 IS 

1 ‘‘(c) MINIMUM GRANT AMOUNT.—The minimum 

2 amount of a grant under this title shall be $200,000.’’. 

3 SEC. 306. PART B DEFINITIONS. 

4 Section 322(4) (20 U.S.C. 1061(4)) is amended by 

5 inserting ‘‘, in consultation with the Commissioner for 

6 Education Statistics’’ before ‘‘and the Commissioner’’. 

7 SEC. 307. GRANTS TO INSTITUTIONS. 

8 Section 323(a) (20 U.S.C. 1062(a)) is amended— 

9 (1) in the matter preceding paragraph (1), by 

10 striking ‘‘360(a)(2)’’ and inserting ‘‘399(a)(2)’’; 

11 (2) by redesignating paragraphs (7) through 

12 (12) as paragraphs (8) through (13), respectively; 

13 and 

14 (3) by inserting after paragraph (6) the fol15 lowing: 

16 ‘‘(7) Education or counseling services designed 

17 to improve the financial literacy and economic lit18 eracy of students or the students’ parents.’’. 

19 SEC. 308. ALLOTMENTS TO INSTITUTIONS. 

20 Section 324 (20 U.S.C. 1063) is amended by adding 

21 at the end the following: 

22 ‘‘(h) SPECIAL RULE ON ELIGIBILITY.—Notwith23 standing any other provision of this section, a part B insti24 tution shall not receive an allotment under this section un-
127 

•S 1614 IS 

1 less the part B institution provides data indicating that 

2 the part B institution— 

3 ‘‘(1) enrolled Federal Pell Grant recipients in 

4 the preceding academic year; 

5 ‘‘(2) in the preceding academic year, has grad6 uated students from a program of academic study 

7 that is licensed or accredited by a nationally recog8 nized accrediting agency or association recognized by 

9 the Secretary pursuant to part H of title IV where 

10 appropriate; and 

11 ‘‘(3) where appropriate, has graduated students 

12 who, within the past 5 years, enrolled in graduate or 

13 professional school.’’. 

14 SEC. 309. PROFESSIONAL OR GRADUATE INSTITUTIONS. 

15 Section 326 (20 U.S.C. 1063b) is amended— 

16 (1) in subsection (c)— 

17 (A) in paragraph (2), by inserting ‘‘, and 

18 for the acquisition and development of real 

19 property that is adjacent to the campus for 

20 such construction, maintenance, renovation, or 

21 improvement’’ after ‘‘services’’; 

22 (B) by redesignating paragraphs (5) 

23 through (7) as paragraphs (7) through (9), re24 spectively; 
128 

•S 1614 IS 

1 (C) by inserting after paragraph (4) the 

2 following: 

3 ‘‘(5) tutoring, counseling, and student service 

4 programs designed to improve academic success; 

5 ‘‘(6) education or counseling services designed 

6 to improve the financial literacy and economic lit7 eracy of students or the students’ parents;’’; 

8 (D) in paragraph (7) (as redesignated by 

9 subparagraph (B)), by striking ‘‘establish or 

10 improve’’ and inserting ‘‘establishing or improv11 ing’’; 

12 (E) in paragraph (8) (as redesignated by 

13 subparagraph (B))— 

14 (i) by striking ‘‘assist’’ and inserting 

15 ‘‘assisting’’; and 

16 (ii) by striking ‘‘and’’ after the semi17 colon; 

18 (F) in paragraph (9) (as redesignated by 

19 subparagraph (B)), by striking the period and 

20 inserting ‘‘; and’’; and 

21 (G) by adding at the end the following: 

22 ‘‘(10) other activities proposed in the applica23 tion submitted under subsection (d) that— 

24 ‘‘(A) contribute to carrying out the pur25 poses of this part; and 
129 

•S 1614 IS 

1 ‘‘(B) are approved by the Secretary as part 

2 of the review and acceptance of such applica3 tion.’’; 

4 (2) in subsection (e)— 

5 (A) in paragraph (1)— 

6 (i) by inserting a colon after ‘‘the fol7 lowing’’; 

8 (ii) in subparagraph (Q), by striking 

9 ‘‘and’’ at the end; 

10 (iii) in subparagraph (R), by striking 

11 the period and inserting a semicolon; and 

12 (iv) by adding at the end the fol13 lowing: 

14 ‘‘(S) Alabama State University qualified 

15 graduate program; 

16 ‘‘(T) Coppin State University qualified 

17 graduate program; and 

18 ‘‘(U) Prairie View A & M University quali19 fied graduate program.’’; 

20 (B) in paragraph (2), by inserting ‘‘in law 

21 or’’ after ‘‘instruction’’; 

22 (C) in paragraph (3), by striking ‘‘1998’’ 

23 and inserting ‘‘2006’’; 

24 (3) in subsection (f)(3)— 
130 

•S 1614 IS 

1 (A) by striking subparagraphs (A) and (B) 

2 and inserting the following: 

3 ‘‘(A) The amount of non-Federal funds for 

4 the fiscal year for which the determination is 

5 made that the institution or program listed in 

6 subsection (e)— 

7 ‘‘(i) allocates from institutional re8 sources; 

9 ‘‘(ii) secures from non-Federal 

10 sources, including amounts appropriated 

11 by the State and amounts from the private 

12 sector; and 

13 ‘‘(iii) will utilize to match Federal 

14 funds awarded for the fiscal year for which 

15 the determination is made under this sec16 tion to the institution or program. 

17 ‘‘(B) The number of students enrolled in 

18 the qualified graduate programs of the eligible 

19 institution or program, for which the institution 

20 or program received and allocated funding 

21 under this section in the preceding year.’’; 

22 (B) in subparagraph (C), by striking ‘‘(or 

23 the equivalent) enrolled in the eligible profes24 sional or graduate school’’ and all that follows 

25 through the period and inserting ‘‘enrolled in 
131 

•S 1614 IS 

1 the qualified programs or institutions listed in 

2 paragraph (1).’’; 

3 (C) in subparagraph (D)— 

4 (i) by striking ‘‘students’’ and insert5 ing ‘‘Black American students or minority 

6 students’’; and 

7 (ii) by striking ‘‘institution’’ and in8 serting ‘‘institution or program’’; and 

9 (D) by striking subparagraph (E) and in10 serting the following: 

11 ‘‘(E) The percentage that the total number 

12 of Black American students and minority stu13 dents who receive their first professional, mas14 ter’s, or doctoral degrees from the institution or 

15 program in the academic year preceding the 

16 academic year for which the determination is 

17 made, represents of the total number of Black 

18 American students and minority students in the 

19 United States who receive their first profes20 sional, master’s, or doctoral degrees in the pro21 fessions or disciplines related to the course of 

22 study at such institution or program, respec23 tively, in the preceding academic year.’’; and 

24 (4) in subsection (g), by striking ‘‘1998’’ and 

25 inserting ‘‘2006’’. 
132 

•S 1614 IS 

1 SEC. 310. AUTHORIZATION OF APPROPRIATIONS. 

2 Subsection (a) of section 399 (20 U.S.C. 1068h) is 

3 amended to read as follows: 

4 ‘‘(a) AUTHORIZATIONS.— 

5 ‘‘(1) PART A.—(A) There are authorized to be 

6 appropriated to carry out part A (other than section 

7 316) such sums as may be necessary for fiscal year 

8 2006 and each of the 5 succeeding fiscal years. 

9 ‘‘(B) There are authorized to be appropriated 

10 to carry out section 316 such sums as may be nec11 essary for fiscal year 2006 and each of the 5 suc12 ceeding fiscal years. 

13 ‘‘(C) There are authorized to be appropriated to 

14 carry out section 317 such sums as may be nec15 essary for fiscal year 2006 and each of the 5 suc16 ceeding fiscal years. 

17 ‘‘(D) There are authorized to be appropriated 

18 to carry out section 318 such sums as may be nec19 essary for fiscal year 2006 and each of the 5 suc20 ceeding fiscal years. 

21 ‘‘(2) PART B.—(A) There are authorized to be 

22 appropriated to carry out part B (other than section 

23 326) such sums as may be necessary for fiscal year 

24 2006 and each of the 5 succeeding fiscal years. 

25 ‘‘(B) There are authorized to be appropriated 

26 to carry out section 326 such sums as may be nec-
133 

•S 1614 IS 

1 essary for fiscal year 2006 and each of the 5 suc2 ceeding fiscal years. 

3 ‘‘(3) PART C.—There are authorized to be ap4 propriated to carry out part C such sums as may be 

5 necessary for fiscal year 2006 and each of the 5 suc6 ceeding fiscal years. 

7 ‘‘(4) PART D.—(A) There are authorized to be 

8 appropriated to carry out part D (other than section 

9 345(7), but including section 347) such sums as 

10 may be necessary for fiscal year 2006 and each of 

11 the 5 succeeding fiscal years. 

12 ‘‘(B) There are authorized to be appropriated 

13 to carry out section 345(7) such sums as may be 

14 necessary for fiscal year 2006 and each of the 5 suc15 ceeding fiscal years. 

16 ‘‘(5) PART E.—There are authorized to be ap17 propriated to carry out part E such sums as may be 

18 necessary for fiscal year 2006 and each of the 5 suc19 ceeding fiscal years.’’. 

20 SEC. 311. TECHNICAL CORRECTIONS. 

21 Title III (20 U.S.C. 1051 et seq.) is further amend22 ed— 

23 (1) in section 342(5)(C) (20 U.S.C. 

24 1066a(5)(C)), by striking ‘‘,,’’ and inserting ‘‘,’’; 
134 

•S 1614 IS 

1 (2) in section 343(e) (20 U.S.C. 1066b(e)), by 

2 inserting ‘‘SALE OF QUALIFIED BONDS.—’’ before 

3 ‘‘Notwithstanding’’; 

4 (3) in the matter preceding clause (i) of section 

5 365(9)(A) (20 U.S.C. 1067k(9)(A)), by striking 

6 ‘‘support’’ and inserting ‘‘supports’’; 

7 (4) in section 391(b)(7)(E) (20 U.S.C. 

8 1068(b)(7)(E)), by striking ‘‘subparagraph (E)’’ and 

9 inserting ‘‘subparagraph (D)’’; 

10 (5) in the matter preceding subparagraph (A) 

11 of section 392(b)(2) (20 U.S.C. 1068a(b)(2)), by 

12 striking ‘‘eligible institutions under part A institu13 tions’’ and inserting ‘‘eligible institutions under part 

14 A’’; and 

15 (6) in the matter preceding paragraph (1) of 

16 section 396 (20 U.S.C. 1068e), by striking ‘‘360’’ 

17 and inserting ‘‘399’’. 

18 TITLE IV—STUDENT ASSISTANCE 

19 PART A—GRANTS TO STUDENTS IN ATTENDANCE 

20 AT INSTITUTIONS OF HIGHER EDUCATION 

21 SEC. 401. FEDERAL PELL GRANTS. 

22 Section 401 (20 U.S.C. 1070a) is amended— 

23 (1) in subsection (a)(1)— 

24 (A) in the first sentence, by striking 

25 ‘‘2004’’ and inserting ‘‘2012’’; and 
135 

•S 1614 IS 

1 (B) in the second sentence, by striking ‘‘,,’’ 

2 and inserting ‘‘,’’; 

3 (2) in subsection (b)— 

4 (A) by striking paragraph (2)(A) and in5 serting the following: 

6 ‘‘(2)(A) the amount of the Federal Pell Grant for a 

7 student eligible under this part shall be— 

8 ‘‘(i) $5,100 for academic year 2006–2007; 

9 ‘‘(ii) $5,400 for academic year 2007–2008; 

10 ‘‘(iii) $5,700 for academic year 2008–2009; 

11 ‘‘(iv) $6,000 for academic year 2009–2010; and 

12 ‘‘(v) $6,300 for academic year 2010–2011, 

13 less an amount equal to the amount determined to be the 

14 expected family contribution with respect to that student 

15 for that year.’’; 

16 (B) by striking paragraph (3); 

17 (C) by redesignating paragraphs (4) 

18 through (8) as paragraphs (3) through (7), re19 spectively; 

20 (D) in paragraph (4) (as redesignated by 

21 subparagraph (C)), by striking ‘‘$400, except’’ 

22 and all that follows through the period and in23 serting ‘‘10 percent of the maximum basic 

24 grant level specified in the appropriate Appro25 priation Act for such academic year.’’; and 
136 

•S 1614 IS 

1 (E) by striking paragraph (5) (as redesig2 nated by subparagraph (C)) and inserting the 

3 following: 

4 ‘‘(5) In the case of a student who is enrolled, on at 

5 least a half-time basis and for a period of more than 1 

6 academic year in a 2-year or 4-year program of instruction 

7 for which an institution of higher education awards an as8 sociate or baccalaureate degree, the Secretary shall allow 

9 such student to receive not more than 2 Federal Pell 

10 Grants during a single award year to permit such student 

11 to accelerate the student’s progress toward a degree by 

12 attending additional sessions. In the case of a student re13 ceiving more than 1 Federal Pell Grant in a single award 

14 year, the total amount of Federal Pell Grants awarded to 

15 such student for the award year may exceed the basic 

16 grant level specified in the appropriate Appropriation Act 

17 for such award year.’’; and 

18 (3) in subsection (c), by adding at the end the 

19 following: 

20 ‘‘(5) The period of time during which a student may 

21 receive Federal Pell Grants shall not exceed 18 semesters, 

22 or an equivalent period of time as determined by the Sec23 retary pursuant to regulations, which period shall— 
137 

•S 1614 IS 

1 ‘‘(A) be determined without regard to whether 

2 the student is enrolled on a full-time basis during 

3 any portion of the period of time; and 

4 ‘‘(B) include any period of time for which the 

5 student received a Federal Pell Grant prior to the 

6 date of enactment of the Higher Education Amend7 ments of 2005.’’. 

8 SEC. 402. FEDERAL TRIO PROGRAMS. 

9 (a) PROGRAM AUTHORITY; AUTHORIZATION OF AP10 PROPRIATIONS.—Section 402A (20 U.S.C. 1070a–11) is 

11 amended— 

12 (1) in subsection (b)— 

13 (A) in paragraph (2)— 

14 (i) in the matter preceding subpara15 graph (A), by striking ‘‘4’’ and inserting 

16 ‘‘5’’; 

17 (ii) by striking subparagraph (A); and 

18 (iii) by redesignating subparagraphs 

19 (B) and (C) as subparagraphs (A) and 

20 (B), respectively; and 

21 (B) by striking paragraph (3) and insert22 ing the following: 

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

24 or agency requests a smaller amount, an individual 

25 grant authorized under this chapter shall be award-
138 

•S 1614 IS 

1 ed in an amount that is not less than $200,000, ex2 cept that an individual grant authorized under sec3 tion 402G shall be awarded in an amount that is not 

4 less than $170,000.’’; 

5 (2) in subsection (c)— 

6 (A) in paragraph (2), by striking ‘‘service 

7 delivery’’ and inserting ‘‘high quality service de8 livery, as determined under subsection (f),’’; 

9 (B) in paragraph (3)(B), by striking ‘‘is 

10 not required to’’ and inserting ‘‘shall not’’; and 

11 (C) in paragraph (5), by striking ‘‘cam12 puses’’ and inserting ‘‘different campuses’’; 

13 (3) in subsection (e), by striking ‘‘(g)(2)’’ each 

14 place the term occurs and inserting ‘‘(h)(4)’’; 

15 (4) by redesignating subsections (f) and (g) as 

16 subsections (g) and (h), respectively; 

17 (5) by inserting after subsection (e) the fol18 lowing: 

19 ‘‘(f) OUTCOME CRITERIA.— 

20 ‘‘(1) IN GENERAL.—The Secretary, by regula21 tion, shall establish outcome criteria for measuring, 

22 annually and for longer periods, the quality and ef23 fectiveness of programs authorized under this chap24 ter. 
139 

•S 1614 IS 

1 ‘‘(2) USE FOR PRIOR EXPERIENCE DETERMINA2 TION.—The outcome criteria under paragraph (1) 

3 shall be used to evaluate the programs provided by 

4 a recipient of a grant under this chapter, and the 

5 Secretary shall determine an eligible entity’s prior 

6 experience of high quality service delivery, as re7 quired in subsection (c)(2), based on the outcome 

8 criteria. 

9 ‘‘(3) CONSIDERATION OF RELEVANT DATA.— 

10 The outcome criteria under this subsection shall 

11 take into account data pertaining to secondary 

12 school completion, postsecondary education enroll13 ment, and postsecondary education completion for 

14 low-income students, first generation college stu15 dents, and individuals with disabilities, in the schools 

16 and institutions of higher education served by the 

17 program to be evaluated. 

18 ‘‘(4) CONTENTS OF OUTCOME CRITERIA.—The 

19 outcome criteria shall include the following: 

20 ‘‘(A) For programs authorized under sec21 tion 402B, whether the eligible entity met or 

22 exceeded the entity’s objectives established in 

23 the entity’s application for such program re24 garding— 
140 

•S 1614 IS 

1 ‘‘(i) the delivery of service to a total 

2 number of students served by the program; 

3 ‘‘(ii) the continued secondary school 

4 enrollment of such students; 

5 ‘‘(iii) the graduation of such students 

6 from secondary school; and 

7 ‘‘(iv) the enrollment of such students 

8 in an institution of higher education. 

9 ‘‘(B) For programs authorized under sec10 tion 402C, whether the eligible entity met or ex11 ceeded its objectives for such program regard12 ing— 

13 ‘‘(i) the delivery of service to a total 

14 number of students served by the program, 

15 as agreed upon by the entity and the Sec16 retary for the period; 

17 ‘‘(ii) such students’ school perform18 ance, as measured by the grade point aver19 age, or its equivalent; 

20 ‘‘(iii) such students’ academic per21 formance, as measured by standardized 

22 tests, including tests required by the stu23 dents’ State; 
141 

•S 1614 IS 

1 ‘‘(iv) the retention in, and graduation 

2 from, secondary school of such students; 

3 and 

4 ‘‘(v) the enrollment of such students 

5 in an institution of higher education. 

6 ‘‘(C) For programs authorized under sec7 tion 402D— 

8 ‘‘(i) whether the eligible entity met or 

9 exceeded the entity’s objectives regarding 

10 the retention in postsecondary education of 

11 the students served by the program; 

12 ‘‘(ii)(I) in the case of an entity that is 

13 an institution of higher education offering 

14 a baccalaureate degree, the extent to which 

15 the entity met or exceeded the entity’s ob16 jectives regarding such students’ comple17 tion of the degree programs in which such 

18 students were enrolled; or 

19 ‘‘(II) in the case of an entity that is 

20 an institution of higher education that does 

21 not offer a baccalaureate degree, the extent 

22 to which the entity met or exceeded the en23 tity’s objectives regarding— 

24 ‘‘(aa) the completion of a degree 

25 or certificate by such students; and 
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•S 1614 IS 

1 ‘‘(bb) the transfer of such stu2 dents to institutions of higher edu3 cation that offer baccalaureate de4 grees; 

5 ‘‘(iii) whether the entity met or ex6 ceeded the entity’s objectives regarding the 

7 delivery of service to a total number of stu8 dents, as agreed upon by the entity and 

9 the Secretary for the period; and 

10 ‘‘(iv) whether the applicant met or ex11 ceeded the entity’s objectives regarding 

12 such students remaining in good academic 

13 standing. 

14 ‘‘(D) For programs authorized under sec15 tion 402E, whether the entity met or exceeded 

16 the entity’s objectives for such program regard17 ing— 

18 ‘‘(i) the delivery of service to a total 

19 number of students, as agreed upon by the 

20 entity and the Secretary for the period; 

21 ‘‘(ii) the provision of appropriate 

22 scholarly and research activities for the 

23 students served by the program; 
143 

•S 1614 IS 

1 ‘‘(iii) the acceptance and enrollment 

2 of such students in graduate programs; 

3 and 

4 ‘‘(iv) the attainment of doctoral de5 grees by former program participants. 

6 ‘‘(E) For programs authorized under sec7 tion 402F, whether the entity met or exceeded 

8 the entity’s objectives for such program regard9 ing— 

10 ‘‘(i) the enrollment of students with11 out a secondary school diploma or its rec12 ognized equivalent, who were served by the 

13 program, in programs leading to such di14 ploma or equivalent; 

15 ‘‘(ii) the enrollment of secondary 

16 school graduates who were served by the 

17 program in programs of postsecondary 

18 education; 

19 ‘‘(iii) the delivery of service to a total 

20 number of students, as agreed upon by the 

21 entity and the Secretary for the period; 

22 and 

23 ‘‘(iv) the provision of assistance to 

24 students served by the program in com-
144 

•S 1614 IS 

1 pleting financial aid applications and col2 lege admission applications.’’; 

3 (6) in subsection (g) (as redesignated by para4 graph (4))— 

5 (A) in the first sentence, by striking 

6 ‘‘$700,000,000 for fiscal year 1999’’ and all 

7 that follows through the period and inserting 

8 ‘‘such sums as may be necessary for fiscal year 

9 2006 and each of the 5 succeeding fiscal 

10 years.’’; and 

11 (B) by striking the fourth sentence; and 

12 (7) in subsection (h) (as redesignated by para13 graph (4))— 

14 (A) by redesignating paragraphs (1) 

15 through (4) as paragraphs (3) through (6), re16 spectively; 

17 (B) by inserting before paragraph (3) (as 

18 redesignated by subparagraph (A)) the fol19 lowing: 

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

21 campus’ means a site of an institution of higher edu22 cation that— 

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

24 campus of the institution; 

25 ‘‘(B) is permanent in nature; and 
145 

•S 1614 IS 

1 ‘‘(C) offers courses in educational pro2 grams leading to a degree, certificate, or other 

3 recognized educational credential. 

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

6 respect to whom an eligible entity desires to serve 

7 through an application for a grant under this chap8 ter, that— 

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

10 other population that the entity has applied for 

11 a grant under this chapter to serve; or 

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

13 as another population that the eligible entity 

14 has applied for a grant under this chapter to 

15 serve, has distinct needs for specialized serv16 ices.’’; 

17 (C) in paragraph (5) (as redesignated by 

18 subparagraph (A))— 

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

20 ‘‘or’’ after the semicolon; 

21 (ii) in subparagraph (B), by striking 

22 the period at the end and inserting ‘‘; or’’; 

23 and 

24 (iii) by adding at the end the fol25 lowing: 
146 

•S 1614 IS 

1 ‘‘(C) was a member of a reserve component 

2 of the Armed Forces called to active duty for a 

3 period of more than 180 days.’’; and 

4 (D) in paragraph (6), by striking ‘‘sub5 paragraph (A) or (B) of paragraph (3)’’ and in6 serting ‘‘subparagraph (A), (B), or (C) of para7 graph (5)’’. 

8 (b) TALENT SEARCH.—Section 402B (20 U.S.C. 

9 1070a–12) is amended— 

10 (1) in subsection (a)— 

11 (A) in paragraph (1), by striking ‘‘to iden12 tify qualified youths with potential for edu13 cation at the postsecondary level and to encour14 age such youths’’ and inserting ‘‘to encourage 

15 eligible youths’’; 

16 (B) in paragraph (2), by inserting ‘‘, and 

17 facilitate the application for,’’ after ‘‘the avail18 ability of’’; and 

19 (C) in paragraph (3), by striking ‘‘, but 

20 who have the ability to complete such programs, 

21 to reenter’’ and inserting ‘‘to enter or reenter, 

22 and complete’’; 

23 (2) by redesignating subsection (c) as sub24 section (d); 
147 

•S 1614 IS 

1 (3) by striking subsection (b) and inserting the 

2 following: 

3 ‘‘(b) REQUIRED SERVICES.—Any project assisted 

4 under this section shall provide— 

5 ‘‘(1) academic tutoring, or connections to high 

6 quality academic tutoring services, to enable stu7 dents to complete secondary or postsecondary 

8 courses, which may include instruction in reading, 

9 writing, study skills, mathematics, science, and other 

10 subjects; 

11 ‘‘(2) advice and assistance in secondary course 

12 selection and, if applicable, initial postsecondary 

13 course selection; 

14 ‘‘(3) assistance in preparing for college entrance 

15 examinations and completing college admission ap16 plications; 

17 ‘‘(4)(A) information on both the full range of 

18 Federal student financial aid programs (including 

19 Federal Pell Grant awards and loan forgiveness) and 

20 resources for locating public and private scholar21 ships; and 

22 ‘‘(B) assistance in completing financial aid ap23 plications, including the Free Application for Fed24 eral Student Aid described in section 483(a); 

25 ‘‘(5) guidance on and assistance in— 
148 

•S 1614 IS 

1 ‘‘(A) secondary school reentry; 

2 ‘‘(B) alternative education programs for 

3 secondary school dropouts that lead to the re4 ceipt of a regular secondary school diploma; 

5 ‘‘(C) entry into general educational devel6 opment (GED) programs; or 

7 ‘‘(D) postsecondary education; and 

8 ‘‘(6) education or counseling services designed 

9 to improve the financial literacy and economic lit10 eracy of students or their parents, including finan11 cial planning for postsecondary education. 

12 ‘‘(c) PERMISSIBLE SERVICES.—Any project assisted 

13 under this section may provide services such as— 

14 ‘‘(1) personal and career counseling or activi15 ties; 

16 ‘‘(2) information and activities designed to ac17 quaint youths with the range of career options avail18 able to the youths; 

19 ‘‘(3) exposure to the campuses of institutions of 

20 higher education, as well as cultural events, aca21 demic programs, and other sites or activities not 

22 usually available to disadvantaged youth; 

23 ‘‘(4) workshops and counseling for families of 

24 students served; 
149 

•S 1614 IS 

1 ‘‘(5) mentoring programs involving elementary 

2 or secondary school teachers or counselors, faculty 

3 members at institutions of higher education, stu4 dents, or any combination of such persons; and 

5 ‘‘(6) programs and activities as described in 

6 subsection (b) or paragraphs (1) through (5) of this 

7 subsection that are specially designed for students 

8 who are limited English proficient, students with 

9 disabilities, students who are homeless children and 

10 youths (as such term is defined in section 725 of the 

11 McKinney-Vento Homeless Assistance Act (42 

12 U.S.C. 11434a)), or students who are in foster care 

13 or are aging out of the foster care system.’’; and 

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

15 subsection (d) (as redesignated by paragraph (2)), 

16 by striking ‘‘talent search projects under this chap17 ter’’ and inserting ‘‘projects under this section’’. 

18 (c) UPWARD BOUND.—Section 402C (20 U.S.C. 

19 1070a–13) is amended— 

20 (1) by striking subsection (b) and inserting the 

21 following: 

22 ‘‘(b) REQUIRED SERVICES.—Any project assisted 

23 under this section shall provide— 

24 ‘‘(1) academic tutoring to enable students to 

25 complete secondary or postsecondary courses, which 
150 

•S 1614 IS 

1 may include instruction in reading, writing, study 

2 skills, mathematics, science, and other subjects; 

3 ‘‘(2) advice and assistance in secondary and 

4 postsecondary course selection; 

5 ‘‘(3) assistance in preparing for college entrance 

6 examinations and completing college admission ap7 plications; 

8 ‘‘(4)(A) information on both the full range of 

9 Federal student financial aid programs (including 

10 Federal Pell Grant awards and loan forgiveness) and 

11 resources for locating public and private scholar12 ships; and 

13 ‘‘(B) assistance in completing financial aid ap14 plications, including the Free Application for Fed15 eral Student Aid described in section 483(a); 

16 ‘‘(5) guidance on and assistance in— 

17 ‘‘(A) secondary school reentry; 

18 ‘‘(B) alternative education programs for 

19 secondary school dropouts that lead to the re20 ceipt of a regular secondary school diploma; 

21 ‘‘(C) entry into general educational devel22 opment (GED) programs; or 

23 ‘‘(D) postsecondary education; and 

24 ‘‘(6) education or counseling services designed 

25 to improve the financial literacy and economic lit-
151 

•S 1614 IS 

1 eracy of students, including financial planning for 

2 postsecondary education.’’; 

3 (2) in subsection (c)— 

4 (A) in the subsection heading, by striking 

5 ‘‘REQUIRED SERVICES’’ and inserting ‘‘ADDI6 TIONAL REQUIRED SERVICES FOR MULTIPLE7 YEAR GRANT RECIPIENTS’’; and 

8 (B) by striking ‘‘upward bound project as9 sisted under this chapter’’ and inserting 

10 ‘‘project assisted under this section’’; 

11 (3) by redesignating subsections (d) and (e) as 

12 subsections (e) and (f), respectively; 

13 (4) by inserting after subsection (c) the fol14 lowing: 

15 ‘‘(d) PERMISSIBLE SERVICES.—Any project assisted 

16 under this section may provide such services as— 

17 ‘‘(1) exposure to cultural events, academic pro18 grams, and other activities not usually available to 

19 disadvantaged youth; 

20 ‘‘(2) information, activities and instruction de21 signed to acquaint youths participating in the 

22 project with the range of career options available to 

23 the youths; 

24 ‘‘(3) on-campus residential programs; 
152 

•S 1614 IS 

1 ‘‘(4) mentoring programs involving elementary 

2 school or secondary school teachers or counselors, 

3 faculty members at institutions of higher education, 

4 students, or any combination of such persons; 

5 ‘‘(5) work-study positions where youth partici6 pating in the project are exposed to careers requir7 ing a postsecondary degree; 

8 ‘‘(6) special services to enable veterans to make 

9 the transition to postsecondary education; and 

10 ‘‘(7) programs and activities as described in 

11 subsection (b), subsection (c), or paragraphs (1) 

12 through (6) of this subsection that are specially de13 signed for students who are limited English pro14 ficient, students with disabilities, students who are 

15 homeless children and youths (as such term is de16 fined in section 725 of the McKinney-Vento Home17 less Assistance Act (42 U.S.C. 11434a)), or students 

18 who are in foster care or are aging out of the foster 

19 care system.’’; 

20 (5) in the matter preceding paragraph (1) of 

21 subsection (e) (as redesignated by paragraph (3)), 

22 by striking ‘‘upward bound projects under this chap23 ter’’ and inserting ‘‘projects under this section’’; and 

24 (6) in subsection (f) (as redesignated by para25 graph (3))— 
153 

•S 1614 IS 

1 (A) by striking ‘‘during June, July, and 

2 August’’ each place the term occurs and insert3 ing ‘‘during the summer school recess, for a pe4 riod not to exceed 3 months’’; and 

5 (B) by striking ‘‘(b)(10)’’ and inserting 

6 ‘‘(d)(5)’’. 

7 (d) STUDENT SUPPORT SERVICES.—Section 402D 

8 (20 U.S.C. 1070a–14) is amended— 

9 (1) in subsection (a)— 

10 (A) in paragraph (2), by striking ‘‘and’’ 

11 after the semicolon; 

12 (B) by striking paragraph (3) and insert13 ing the following: 

14 ‘‘(3) to foster an institutional climate sup15 portive of the success of low-income and first gen16 eration college students, students with disabilities, 

17 students who are limited English proficient, students 

18 who are homeless children and youths (as such term 

19 is defined in section 725 of the McKinney-Vento 

20 Homeless Assistance Act (42 U.S.C. 11434a)), and 

21 students who are in foster care or are aging out of 

22 the foster care system.’’; and 

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

24 ‘‘(4) to improve the financial literacy and eco25 nomic literacy of students, including— 
154 

•S 1614 IS 

1 ‘‘(A) basic personal income, household 

2 money management, and financial planning 

3 skills; and 

4 ‘‘(B) basic economic decisionmaking 

5 skills.’’; 

6 (2) by redesignating subsections (c) and (d) as 

7 subsections (d) and (e); 

8 (3) by striking subsection (b) and inserting the 

9 following: 

10 ‘‘(b) REQUIRED SERVICES.—A project assisted under 

11 this section shall provide— 

12 ‘‘(1) academic tutoring to enable students to 

13 complete postsecondary courses, which may include 

14 instruction in reading, writing, study skills, mathe15 matics, science, and other subjects; 

16 ‘‘(2) advice and assistance in postsecondary 

17 course selection; 

18 ‘‘(3)(A) information on both the full range of 

19 Federal student financial aid programs (including 

20 Federal Pell Grant awards and loan forgiveness) and 

21 resources for locating public and private scholar22 ships; and 

23 ‘‘(B) assistance in completing financial aid ap24 plications, including the Free Application for Fed25 eral Student Aid described in section 483(a); 
155 

•S 1614 IS 

1 ‘‘(4) education or counseling services designed 

2 to improve the financial literacy and economic lit3 eracy of students, including financial planning for 

4 postsecondary education; 

5 ‘‘(5) activities designed to assist students par6 ticipating in the project in securing college admis7 sion and financial assistance for enrollment in grad8 uate and professional programs; and 

9 ‘‘(6) activities designed to assist students en10 rolled in 2-year institutions of higher education in 

11 securing admission and financial assistance for en12 rollment in a 4-year program of postsecondary edu13 cation. 

14 ‘‘(c) PERMISSIBLE SERVICES.—A project assisted 

15 under this section may provide services such as— 

16 ‘‘(1) consistent, individualized personal, career, 

17 and academic counseling, provided by assigned coun18 selors; 

19 ‘‘(2) information, activities, and instruction de20 signed to acquaint youths participating in the 

21 project with the range of career options available to 

22 the students; 

23 ‘‘(3) exposure to cultural events and academic 

24 programs not usually available to disadvantaged stu25 dents; 
156 

•S 1614 IS 

1 ‘‘(4) activities designed to acquaint students 

2 participating in the project with the range of career 

3 options available to the students; 

4 ‘‘(5) mentoring programs involving faculty or 

5 upper class students, or a combination thereof; 

6 ‘‘(6) securing temporary housing during breaks 

7 in the academic year for students who are homeless 

8 children and youths (as such term is defined in sec9 tion 725 of the McKinney-Vento Homeless Assist10 ance Act (42 U.S.C. 11434a)) or were formerly 

11 homeless children and youths and students who are 

12 in foster care or are aging out of the foster care sys13 tem; and 

14 ‘‘(7) programs and activities as described in 

15 subsection (b) or paragraphs (1) through (5) of this 

16 subsection that are specially designed for students 

17 who are limited English proficient, students with 

18 disabilities, students who are homeless children and 

19 youths (as such term is defined in section 725 of the 

20 McKinney-Vento Homeless Assistance Act (42 

21 U.S.C. 11434a)) or were formerly homeless children 

22 and youths, or students who are in foster care or are 

23 aging out of the foster care system.’’; 
157 

•S 1614 IS 

1 (4) in subsection (d)(1) (as redesignated by 

2 paragraph (2)), by striking ‘‘subsection (b)’’ and in3 serting ‘‘subsection (c)’’; and 

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

5 subsection (e) (as redesignated by paragraph (2)), 

6 by striking ‘‘student support services projects under 

7 this chapter’’ and inserting ‘‘projects under this sec8 tion’’. 

9 (e) POSTBACCALAUREATE ACHIEVEMENT PROGRAM

10 AUTHORITY.—Section 402E (20 U.S.C. 1070a–15) is 

11 amended— 

12 (1) in subsection (b)— 

13 (A) in the subsection heading, by inserting 

14 ‘‘REQUIRED’’ before ‘‘SERVICES’’; 

15 (B) in the matter preceding paragraph (1), 

16 by striking ‘‘A postbaccalaureate achievement 

17 project assisted under this section may provide 

18 services such as—’’ and inserting ‘‘A project as19 sisted under this section shall provide—’’; 

20 (C) in paragraph (5), by inserting ‘‘and’’ 

21 after the semicolon; 

22 (D) in paragraph (6), by striking the semi23 colon and inserting a period; and 

24 (E) by striking paragraphs (7) and (8); 
158 

•S 1614 IS 

1 (2) by redesignating subsections (c) through (f) 

2 as subsections (d) through (g), respectively; 

3 (3) by inserting after subsection (b) the fol4 lowing: 

5 ‘‘(c) PERMISSIBLE SERVICES.—A project assisted 

6 under this section may provide services such as— 

7 ‘‘(1) education or counseling services designed 

8 to improve the financial literacy and economic lit9 eracy of students or their parents, including finan10 cial planning for postsecondary education; 

11 ‘‘(2) mentoring programs involving faculty 

12 members at institutions of higher education, stu13 dents, or any combination of such persons; and 

14 ‘‘(3) exposure to cultural events and academic 

15 programs not usually available to disadvantaged stu16 dents.’’; 

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

18 subsection (d) (as redesignated by paragraph (2)), 

19 by striking ‘‘postbaccalaureate achievement’’; 

20 (5) in the matter preceding paragraph (1) of 

21 subsection (f) (as redesignated by paragraph (2)), by 

22 striking ‘‘postbaccalaureate achievement project’’ 

23 and inserting ‘‘project under this section’’; and 

24 (6) in subsection (g) (as redesignated by para25 graph (2))— 
159 

•S 1614 IS 

1 (A) by striking ‘‘402A(f)’’ and inserting 

2 ‘‘402A(g)’’; and 

3 (B) by striking ‘‘1993 through 1997’’ and 

4 inserting ‘‘2006 through 2010’’. 

5 (f) EDUCATIONAL OPPORTUNITY CENTERS.—Section 

6 402F (20 U.S.C. 1070a–16) is amended— 

7 (1) in subsection (a)— 

8 (A) in paragraph (1), by striking ‘‘and’’ 

9 after the semicolon; 

10 (B) in paragraph (2), by striking the pe11 riod at the end and inserting ‘‘; and’’; and 

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

13 ‘‘(3) to improve the financial literacy and eco14 nomic literacy of students, including— 

15 ‘‘(A) basic personal income, household 

16 money management, and financial planning 

17 skills; and 

18 ‘‘(B) basic economic decisionmaking 

19 skills.’’; and 

20 (2) in subsection (b)— 

21 (A) by redesignating paragraphs (5) 

22 through (10) as paragraphs (6) through (11), 

23 respectively; 

24 (B) by inserting after paragraph (4) the 

25 following: 
160 

•S 1614 IS 

1 ‘‘(5) education or counseling services designed 

2 to improve the financial literacy and economic lit3 eracy of students or their parents;’’; 

4 (C) by striking paragraph (7) (as redesig5 nated by subparagraph (A)) and inserting the 

6 following: 

7 ‘‘(7) individualized personal, career, and aca8 demic counseling;’’; and 

9 (D) by striking paragraph (11) (as redesig10 nated by subparagraph (A)) and inserting the 

11 following: 

12 ‘‘(11) programs and activities as described in 

13 paragraphs (1) through (10) that are specially de14 signed for students who are limited English pro15 ficient, students with disabilities, or students who 

16 are homeless children and youths (as such term is 

17 defined in section 725 of the McKinney-Vento 

18 Homeless Assistance Act (42 U.S.C. 11434a)), or 

19 programs and activities for students who are in fos20 ter care or are aging out of the foster care system.’’. 

21 (g) STAFF DEVELOPMENT ACTIVITIES.—Section 

22 402G(b)(3) (20 U.S.C. 1070a–17(b)(3)) is amended by in23 serting ‘‘, including strategies for recruiting and serving 

24 students who are homeless children and youths (as such 

25 term is defined in section 725 of the McKinney-Vento 
161 

•S 1614 IS 

1 Homeless Assistance Act (42 U.S.C. 11434a)) and stu2 dents who are in foster care or are aging out of the foster 

3 care system’’ before the period at the end. 

4 (h) REPORTS, EVALUATIONS, AND GRANTS FOR

5 PROJECT IMPROVEMENT AND DISSEMINATION.—Section 

6 402H (20 U.S.C. 1070a–18) is amended— 

7 (1) by striking the section heading and insert8 ing ‘‘REPORTS, EVALUATIONS, AND GRANTS

9 FOR PROJECT IMPROVEMENT AND DISSEMINA10 TION.’’; 

11 (2) by redesignating subsections (a) through (c) 

12 as subsections (b) through (d), respectively; and 

13 (3) by inserting before subsection (b) (as redes14 ignated by paragraph (2)) the following: 

15 ‘‘(a) REPORT TO CONGRESS.—At least once every 2- 

16 year period, the Secretary shall prepare and submit to 

17 Congress a report on the outcomes achieved by the pro18 grams authorized under this chapter. Such report shall in19 clude a statement for the preceding fiscal year speci20 fying— 

21 ‘‘(1) the number of grants awarded during each 

22 fiscal year, and the number of individuals served by 

23 the programs carried out under such grants; 
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•S 1614 IS 

1 ‘‘(2) the number of entities that received grants 

2 during the fiscal year, including the number of enti3 ties that— 

4 ‘‘(A) received a grant to carry out a pro5 gram under this chapter for the fiscal year; and 

6 ‘‘(B) had not received funding for that 

7 particular program during the previous grant 

8 cycle; 

9 ‘‘(3) a comparison of the number and percent10 age of grant awards made to entities described in 

11 paragraph (2), with the number of such entities 

12 funded through discretionary grant competitions 

13 conducted by the Secretary under this chapter in the 

14 3 grant cycles preceding the fiscal year; 

15 ‘‘(4) information on the number of individuals 

16 served in each program authorized under this chap17 ter; and 

18 ‘‘(5) information on the outcomes achieved by 

19 each program authorized under this chapter, includ20 ing the outcome criteria described in section 402A(f) 

21 for each program.’’. 
163 

•S 1614 IS 

1 SEC. 403. GAINING EARLY AWARENESS AND READINESS 

2 FOR UNDERGRADUATE PROGRAMS. 

3 (a) EARLY INTERVENTION AND COLLEGE AWARE4 NESS PROGRAM AUTHORIZED.—Section 404A (20 U.S.C. 

5 1070a–21) is amended— 

6 (1) by striking subsection (a) and inserting the 

7 following: 

8 ‘‘(a) PROGRAM AUTHORIZED.—The Secretary is au9 thorized, in accordance with the requirements of this chap10 ter, to establish a program that encourages eligible entities 

11 to provide support to eligible low-income students to assist 

12 the students in obtaining a secondary school diploma (or 

13 its recognized equivalent) and to prepare for and succeed 

14 in postsecondary education, by providing— 

15 ‘‘(1) financial assistance, academic support, ad16 ditional counseling, mentoring, outreach, and sup17 portive services to middle school and secondary 

18 school students to reduce— 

19 ‘‘(A) the risk of such students dropping 

20 out of school; or 

21 ‘‘(B) the need for remedial education for 

22 such students at the postsecondary level; and 

23 ‘‘(2) information to students and their parents 

24 about the advantages of obtaining a postsecondary 

25 education and the college financing options for the 

26 students and their parents.’’; 
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•S 1614 IS 

1 (2) by striking subsection (b)(2)(A) and insert2 ing the following: 

3 ‘‘(A) give priority to eligible entities that 

4 have a prior, demonstrated commitment to 

5 early intervention leading to college access 

6 through collaboration and replication of suc7 cessful strategies;’’; and 

8 (3) by striking subsection (c)(2) and inserting 

9 the following: 

10 ‘‘(2) a partnership— 

11 ‘‘(A) consisting of— 

12 ‘‘(i) 1 or more local educational agen13 cies; and 

14 ‘‘(ii) 1 or more degree granting insti15 tutions of higher education; and 

16 ‘‘(B) which may include not less than 2 

17 other community organizations or entities, such 

18 as businesses, professional organizations, State 

19 agencies, institutions or agencies sponsoring 

20 programs authorized under subpart 4, or other 

21 public or private agencies or organizations.’’. 

22 (b) REQUIREMENTS.—Section 404B (20 U.S.C. 

23 1070a–22) is amended— 

24 (1) by striking subsection (a) and inserting the 

25 following:— 
165 

•S 1614 IS 

1 ‘‘(a) FUNDING RULES.— 

2 ‘‘(1) DISTRIBUTION.—In awarding grants from 

3 the amount appropriated under section 404G for a 

4 fiscal year, the Secretary shall take into consider5 ation— 

6 ‘‘(A) the geographic distribution of such 

7 awards; and 

8 ‘‘(B) the distribution of such awards be9 tween urban and rural applicants. 

10 ‘‘(2) SPECIAL RULE.—The Secretary shall an11 nually reevaluate the distribution of funds described 

12 in paragraph (1) based on number, quality, and 

13 promise of the applications.’’; 

14 (2) by striking subsections (b), (e), and (f); 

15 (3) by redesignating subsections (c), (d), and 

16 (g) as subsections (b), (c), and (d), respectively; and 

17 (4) by adding at the end the following: 

18 ‘‘(e) SUPPLEMENT, NOT SUPPLANT.—Grant funds 

19 awarded under this chapter shall be used to supplement, 

20 and not supplant, other Federal, State, and local funds 

21 that would otherwise be expended to carry out activities 

22 assisted under this chapter.’’. 

23 (c) APPLICATION.—Section 404C (20 U.S.C. 1070a– 

24 23) is amended— 
166 

•S 1614 IS 

1 (1) in the section heading, by striking ‘‘ELIGI2 BLE ENTITY PLANS’’ and inserting ‘‘APPLICA3 TIONS’’; 

4 (2) in subsection (a)— 

5 (A) in the subsection heading, by striking 

6 ‘‘PLAN’’ and inserting ‘‘APPLICATION’’; 

7 (B) in paragraph (1)— 

8 (i) by striking ‘‘a plan’’ and inserting 

9 ‘‘an application’’; and 

10 (ii) by striking the second sentence; 

11 and 

12 (C) by striking paragraph (2) and insert13 ing the following: 

14 ‘‘(2) CONTENTS.—Each application submitted 

15 pursuant to paragraph (1) shall be in such form, 

16 contain or be accompanied by such information or 

17 assurances, and be submitted at such time as the 

18 Secretary may require. Each such application shall, 

19 at a minimum— 

20 ‘‘(A) describe the activities for which as21 sistance under this chapter is sought, including 

22 how the eligible entity will carry out the re23 quired activities described in section 404D(a); 

24 ‘‘(B) describe how the eligible agency will 

25 meet the requirements of section 404E; 
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•S 1614 IS 

1 ‘‘(C) provide assurances that adequate ad2 ministrative and support staff will be respon3 sible for coordinating the activities described in 

4 section 404D; 

5 ‘‘(D) ensure that activities assisted under 

6 this chapter will not displace an employee or 

7 eliminate a position at a school assisted under 

8 this chapter, including a partial displacement 

9 such as a reduction in hours, wages or employ10 ment benefits; 

11 ‘‘(E) describe, in the case of an eligible en12 tity described in section 404A(c)(2), how the el13 igible entity will define the cohorts of the stu14 dents served by the eligible entity pursuant to 

15 section 404B(d), and how the eligible entity will 

16 serve the cohort through grade 12, including— 

17 ‘‘(i) how vacancies in the program 

18 under this chapter will be filled; and 

19 ‘‘(ii) how the eligible entity will serve 

20 students attending different secondary 

21 schools; 

22 ‘‘(F) describe how the eligible entity will 

23 coordinate programs with other existing Fed24 eral, State, or local programs to avoid duplica-
168 

•S 1614 IS 

1 tion and maximize the number of students 

2 served; 

3 ‘‘(G) provide such additional assurances as 

4 the Secretary determines necessary to ensure 

5 compliance with the requirements of this chap6 ter; and 

7 ‘‘(H) provide information about the activi8 ties that will be carried out by the eligible enti9 ty to support systemic changes from which fu10 ture cohorts of students will benefit.’’; 

11 (3) in the matter preceding subparagraph (A) 

12 of subsection (b)(1)— 

13 (A) by striking ‘‘a plan’’ and inserting ‘‘an 

14 application’’; and 

15 (B) by striking ‘‘such plan’’ and inserting 

16 ‘‘such application’’; and 

17 (4) in subsection (c)(1), by striking the semi18 colon at the end and inserting ‘‘including— 

19 ‘‘(A) the amount contributed to a student 

20 scholarship fund established under section 

21 404E; and 

22 ‘‘(B) the amount of the costs of admin23 istering the scholarship program under section 

24 404E;’’. 
169 

•S 1614 IS 

1 (d) ACTIVITIES.—Section 404D (20 U.S.C. 1070a– 

2 24) is amended to read as follows: 

3 ‘‘SEC. 404D. ACTIVITIES. 

4 ‘‘(a) REQUIRED ACTIVITIES.—Each eligible entity re5 ceiving a grant under this chapter shall carry out the fol6 lowing: 

7 ‘‘(1) Provide information regarding financial 

8 aid for postsecondary education to participating stu9 dents in the cohort described in subsection 

10 404B(d)(1)(A). 

11 ‘‘(2) Encourage student enrollment in rigorous 

12 and challenging curricula and coursework, in order 

13 to reduce the need for remedial coursework at the 

14 postsecondary level. 

15 ‘‘(3) Support activities designed to improve the 

16 number of participating students who— 

17 ‘‘(A) obtain a secondary school diploma; 

18 and 

19 ‘‘(B) complete applications for and enroll 

20 in a program of postsecondary education. 

21 ‘‘(4) In the case of an eligible entity described 

22 in section 404A(c)(1), provide for the scholarships 

23 described in section 404E. 

24 ‘‘(b) OPTIONAL ACTIVITIES FOR STATES AND PART25 NERSHIPS.—An eligible entity that receives a grant under 
170 

•S 1614 IS 

1 this chapter may use grant funds to carry out 1 or more 

2 of the following activities: 

3 ‘‘(1) Providing tutoring and supporting men4 tors, including adults or former participants of a 

5 program under this chapter, for eligible students. 

6 ‘‘(2) Conducting outreach activities to recruit 

7 priority students described in subsection (d) to par8 ticipate in program activities. 

9 ‘‘(3) Providing supportive services to eligible 

10 students. 

11 ‘‘(4) Supporting the development or implemen12 tation of rigorous academic curricula, which may in13 clude college preparatory, Advanced Placement, or 

14 International Baccalaureate programs, and providing 

15 participating students access to rigorous core 

16 courses that reflect challenging State academic 

17 standards. 

18 ‘‘(5) Supporting dual or concurrent enrollment 

19 programs between the secondary school and institu20 tion of higher education partners of an eligible entity 

21 described in section 404A(c)(2), and other activities 

22 that support participating students in— 

23 ‘‘(A) achieving challenging academic stand24 ards; 
171 

•S 1614 IS 

1 ‘‘(B) successfully applying for postsec2 ondary education; 

3 ‘‘(C) successfully applying for student fi4 nancial aid; and 

5 ‘‘(D) developing graduation and career 

6 plans. 

7 ‘‘(6) Providing support for scholarships de8 scribed in section 404E. 

9 ‘‘(7) Introducing eligible students to institutions 

10 of higher education, through trips and school-based 

11 sessions. 

12 ‘‘(8) Providing an intensive extended school 

13 day, school year, or summer program that offers— 

14 ‘‘(A) additional academic classes; or 

15 ‘‘(B) assistance with college admission ap16 plications. 

17 ‘‘(9) Providing other activities designed to en18 sure secondary school completion and postsecondary 

19 education enrollment of at-risk children, such as— 

20 ‘‘(A) the identification of at-risk children; 

21 ‘‘(B) after-school and summer tutoring; 

22 ‘‘(C) assistance to at-risk children in ob23 taining summer jobs; 

24 ‘‘(D) academic counseling; 

25 ‘‘(E) volunteer and parent involvement; 
172 

•S 1614 IS 

1 ‘‘(F) encouraging former or current par2 ticipants of a program under this chapter to 

3 serve as peer counselors; 

4 ‘‘(G) skills assessments; 

5 ‘‘(H) personal counseling; 

6 ‘‘(I) family counseling and home visits; 

7 ‘‘(J) staff development; and 

8 ‘‘(K) programs and activities described in 

9 this subsection that are specially designed for 

10 students who are limited English proficient. 

11 ‘‘(10) Enabling eligible students to enroll in Ad12 vanced Placement or International Baccalaureate 

13 courses, or college entrance examination preparation 

14 courses. 

15 ‘‘(11) Providing services to eligible students in 

16 the participating cohort described in section 

17 404B(d)(1)(A), through the first year of attendance 

18 at an institution of higher education. 

19 ‘‘(c) ADDITIONAL OPTIONAL ACTIVITIES FOR

20 STATES.—In addition to the required activities described 

21 in subsection (a) and the optional activities described in 

22 subsection (b), an eligible entity described in section 

23 404A(c)(1) receiving funds under this chapter may use 

24 grant funds to carry out 1 or more of the following activi25 ties: 
173 

•S 1614 IS 

1 ‘‘(1) Providing technical assistance to— 

2 ‘‘(A) middle schools or secondary schools 

3 that are located within the State; or 

4 ‘‘(B) partnerships described in section 

5 404A(c)(2) that are located within the State. 

6 ‘‘(2) Providing professional development oppor7 tunities to individuals working with eligible cohorts 

8 of students described in section 404B(d)(1)(A). 

9 ‘‘(3) Providing strategies and activities that 

10 align efforts in the State to prepare eligible students 

11 for attending and succeeding in postsecondary edu12 cation, which may include the development of grad13 uation and career plans. 

14 ‘‘(4) Disseminating information on the use of 

15 scientifically based research and best practices to 

16 improve services for eligible students. 

17 ‘‘(5)(A) Disseminating information on effective 

18 coursework and support services that assist students 

19 in obtaining the goals described in subparagraph 

20 (B)(ii). 

21 ‘‘(B) Identifying and disseminating information 

22 on best practices with respect to— 

23 ‘‘(i) increasing parental involvement; and 

24 ‘‘(ii) preparing students, including students 

25 with disabilities and students who are limited 
174 

•S 1614 IS 

1 English proficient, to succeed academically in, 

2 and prepare financially for, postsecondary edu3 cation. 

4 ‘‘(6) Working to align State academic standards 

5 and curricula with the expectations of postsecondary 

6 institutions and employers. 

7 ‘‘(7) Developing alternatives to traditional sec8 ondary school that give students a head start on at9 taining a recognized postsecondary credential (in10 cluding an industry certificate, an apprenticeship, or 

11 an associate’s or a bachelor’s degree), including 

12 school designs that give students early exposure to 

13 college-level courses and experiences and allow stu14 dents to earn transferable college credits or an asso15 ciate’s degree at the same time as a secondary 

16 school diploma. 

17 ‘‘(8) Creating community college programs for 

18 drop-outs that are personalized drop-out recovery 

19 programs that allow drop-outs to complete a regular 

20 secondary school diploma and begin college-level 

21 work. 

22 ‘‘(d) PRIORITY STUDENTS.—For eligible entities not 

23 using a cohort approach, the eligible entity shall treat as 

24 priority students any student in middle or secondary 

25 school who is eligible— 
175 

•S 1614 IS 

1 ‘‘(1) to be counted under section 1124(c) of the 

2 Elementary and Secondary Education Act of 1965; 

3 ‘‘(2) for free or reduced price meals under the 

4 Richard B. Russell National School Lunch Act; 

5 ‘‘(3) for assistance under a State program 

6 funded under part A or E of title IV of the Social 

7 Security Act (42 U.S.C. 601 et seq., 670 et seq.); 

8 or 

9 ‘‘(4) for assistance under subtitle B of title VII 

10 of the McKinney-Vento Homeless Assistance Act (42 

11 U.S.C. 11431 et seq.). 

12 ‘‘(e) ALLOWABLE PROVIDERS.—In the case of eligible 

13 entities described in section 404A(c)(1), the activities re14 quired by this section may be provided by service providers 

15 such as community-based organizations, schools, institu16 tions of higher education, public and private agencies, 

17 nonprofit and philanthropic organizations, businesses, in18 stitutions and agencies sponsoring programs authorized 

19 under subpart 4, and other organizations the State deter20 mines appropriate.’’. 

21 (e) SCHOLARSHIP COMPONENT.—Section 404E (20 

22 U.S.C. 1070a–25) is amended— 

23 (1) by striking subsections (e) and (f); 

24 (2) by redesignating subsections (b), (c), and 

25 (d) as subsections (d), (f), and (g), respectively; 
176 

•S 1614 IS 

1 (3) by inserting after subsection (a) the fol2 lowing: 

3 ‘‘(b) LIMITATION.— 

4 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

5 each eligible entity described in section 404A(c)(1) 

6 that receives a grant under this chapter shall use 

7 not less than 25 percent and not more than 50 per8 cent of the grant funds for activities described in 

9 section 404D(c), with the remainder of such funds 

10 to be used for a scholarship program under this sec11 tion. 

12 ‘‘(2) EXCEPTION.—Notwithstanding paragraph 

13 (1), the Secretary may allow an eligible entity to use 

14 more than 50 percent of grant funds received under 

15 this chapter for such activities, if the eligible entity 

16 demonstrates that the eligible entity has another 

17 means of providing the students with the financial 

18 assistance described in this section and describes 

19 such means in the application submitted under sec20 tion 404C. 

21 ‘‘(c) NOTIFICATION OF ELIGIBILITY.—Each eligible 

22 entity providing scholarships under this section shall pro23 vide information on the eligibility requirements for the 

24 scholarships to all participating students upon the stu-
177 

•S 1614 IS 

1 dents’ entry into the programs assisted under this chap2 ter.’’; 

3 (4) in subsection (d) (as redesignated by para4 graph (2)), by striking ‘‘the lesser of’’ and all that 

5 follows through the period at the end of paragraph 

6 (2) and inserting ‘‘the minimum Federal Pell Grant 

7 award under section 401 for such award year.’’; 

8 (5) by inserting after subsection (d) (as redesig9 nated by paragraph (2) and amended by paragraph 

10 (4)) the following: 

11 ‘‘(e) PORTABILITY OF ASSISTANCE.— 

12 ‘‘(1) IN GENERAL.—Each eligible entity de13 scribed in section 404A(c)(1) that receives a grant 

14 under this chapter shall create or organize a trust 

15 for each cohort described in section 404B(d)(1)(A) 

16 for which the grant is sought in the application sub17 mitted by the entity, which trust shall be an amount 

18 that is not less than the minimum scholarship 

19 amount described in subsection (d), multiplied by 

20 the number of students participating in the cohort. 

21 ‘‘(2) REQUIREMENT FOR PORTABILITY.—Funds 

22 contributed to the trust for a cohort shall be avail23 able to a student in the cohort when the student 

24 has— 
178 

•S 1614 IS 

1 ‘‘(A) completed a secondary school di2 ploma, its recognized equivalent, or other recog3 nized alternative standard for individuals with 

4 disabilities; and 

5 ‘‘(B) enrolled in an institution of higher 

6 education. 

7 ‘‘(3) QUALIFIED EDUCATIONAL EXPENSES.— 

8 Funds available to an eligible student from a trust 

9 may be used for— 

10 ‘‘(A) tuition, fees, books, supplies, and 

11 equipment required for the enrollment or at12 tendance of the eligible student at an institution 

13 of higher education; and 

14 ‘‘(B) in the case of an eligible student with 

15 special needs, expenses for special needs serv16 ices which are incurred in connection with such 

17 enrollment or attendance. 

18 ‘‘(4) RETURN OF FUNDS.— 

19 ‘‘(A) REDISTRIBUTION.— 

20 ‘‘(i) IN GENERAL.—Trust funds that 

21 are not used by an eligible student within 

22 6 years of the student’s scheduled comple23 tion of secondary school may be redistrib24 uted by the eligible entity to other eligible 

25 students. 
179 

•S 1614 IS 

1 ‘‘(ii) RETURN OF EXCESS TO THE

2 SECRETARY.—If, after meeting the require3 ments of paragraph (1) and, if applicable, 

4 redistributing excess funds in accordance 

5 with clause (i), an eligible entity has funds 

6 remaining, the eligible entity shall return 

7 excess funds to the Secretary for distribu8 tion to other grantees under this chapter. 

9 ‘‘(B) NONPARTICIPATING ENTITY.—Not10 withstanding subparagraph (A), in the case of 

11 an eligible entity described in section 

12 404A(c)(1)(A) that does not receive assistance 

13 under this subpart for 6 fiscal years, the eligi14 ble entity shall return any trust funds not 

15 awarded or obligated to eligible students to the 

16 Secretary for distribution to other grantees 

17 under this chapter.’’; and 

18 (6) in subsection (g) (as redesignated by para19 graph (2))— 

20 (A) in paragraph (2), by striking ‘‘1993’’ 

21 and inserting ‘‘2000’’; and 

22 (B) in paragraph (4), by striking ‘‘early 

23 intervention component required under section 

24 404D’’ and inserting ‘‘activities required under 

25 section 404D(a)’’. 
180 

•S 1614 IS 

1 (f) REPEAL OF 21ST CENTURY SCHOLAR CERTIFI2 CATES.—Chapter 2 of subpart 2 of part A of title IV (20 

3 U.S.C. 1070a–21 et seq.) is further amended— 

4 (1) by striking section 404F; and 

5 (2) by redesignating sections 404G and 404H 

6 as sections 404F and 404G, respectively. 

7 (g) AUTHORIZATION OF APPROPRIATIONS.—Section 

8 404G (as redesignated by subsection (f)) (20 U.S.C. 

9 1070a–28) is amended by striking ‘‘$200,000,000 for fis10 cal year 1999’’ and all that follows through the period and 

11 inserting ‘‘such sums as may be necessary for fiscal year 

12 2006 and each of the 5 succeeding fiscal years.’’. 

13 (h) CONFORMING AMENDMENTS.—Chapter 2 of sub14 part 2 of part A of title IV (20 U.S.C. 1070a–21 et seq.) 

15 is further amended— 

16 (1) in section 404A(b)(1), by striking ‘‘404H’’ 

17 and inserting ‘‘404G’’; 

18 (2) in section 404B(a)(1), by striking ‘‘404H’’ 

19 and inserting ‘‘404G’’; and 

20 (3) in section 404F(c) (as redesignated by sec21 tion 6(2)), by striking ‘‘404H’’ and inserting 

22 ‘‘404G’’. 
181 

•S 1614 IS 

1 SEC. 404. ACADEMIC ACHIEVEMENT INCENTIVE SCHOLAR2 SHIPS. 

3 Chapter 3 of subpart 2 of part A of title IV (20 

4 U.S.C. 1070a–31 et seq.) is repealed. 

5 SEC. 405. FEDERAL SUPPLEMENTAL EDUCATIONAL OPPOR6 TUNITY GRANTS. 

7 (a) APPROPRIATIONS AUTHORIZED.—Section 

8 413A(b)(1) (20 U.S.C. 1070b(b)(1)) is amended by strik9 ing ‘‘$675,000,000 for fiscal year 1999’’ and all that fol10 lows through the period and inserting ‘‘such sums as may 

11 be necessary for fiscal year 2006 and each of the 5 suc12 ceeding fiscal years.’’. 

13 (b) ALLOCATION OF FUNDS.— 

14 (1) ALLOCATION OF FUNDS.—Section 413D 

15 (20 U.S.C. 1070b–3) is amended— 

16 (A) by striking subsection (a)(4); and 

17 (B) in subsection (c)(3)(D), by striking 

18 ‘‘$450’’ and inserting ‘‘$600’’. 

19 (2) TECHNICAL CORRECTION.—Section 

20 413D(a)(1) (20 U.S.C. 1070b–3(a)(1)) is amended 

21 by striking ‘‘such institution’’ and all that follows 

22 through the period and inserting ‘‘such institution 

23 received under subsections (a) and (b) of this section 

24 for fiscal year 1999 (as such subsections were in ef25 fect with respect to allocations for such fiscal 

26 year).’’. 
182 

•S 1614 IS 

1 SEC. 406. LEVERAGING EDUCATIONAL ASSISTANCE PART2 NERSHIP PROGRAM. 

3 (a) APPROPRIATIONS AUTHORIZED.—Section 

4 415A(b)(1) (20 U.S.C. 1070c(b)(1)) is amended to read 

5 as follows: 

6 ‘‘(1) IN GENERAL.—There are authorized to be 

7 appropriated to carry out this subpart such sums as 

8 may be necessary for fiscal year 2006 and each of 

9 the 5 succeeding fiscal years.’’. 

10 (b) APPLICATIONS.—Section 415C(b) (20 U.S.C. 

11 1070c–2(b)) is amended— 

12 (1) in the matter preceding subparagraph (A) 

13 of paragraph (2), by striking ‘‘not in excess of 

14 $5,000 per academic year’’ and inserting ‘‘not to ex15 ceed the lesser of $12,500 or the student’s cost of 

16 attendance per academic year’’; and 

17 (2) by striking paragraph (10) and inserting 

18 the following: 

19 ‘‘(10) provides notification to eligible students 

20 that such grants are— 

21 ‘‘(A) Leveraging Educational Assistance 

22 Partnership grants; and 

23 ‘‘(B) funded by the Federal Government, 

24 the State, and other contributing partners.’’. 
183 

•S 1614 IS 

1 (c) GRANTS FOR ACCESS AND PERSISTENCE.—Sec2 tion 415E (20 U.S.C. 1070c–3a) is amended to read as 

3 follows: 

4 ‘‘SEC. 415E. GRANTS FOR ACCESS AND PERSISTENCE. 

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

6 expand college access and increase college persistence by 

7 making allotments to States to enable the States to— 

8 ‘‘(1) expand and enhance partnerships with in9 stitutions of higher education, early information and 

10 intervention, mentoring, or outreach programs, pri11 vate corporations, philanthropic organizations, and 

12 other interested parties in order to— 

13 ‘‘(A) carry out activities under this section; 

14 and 

15 ‘‘(B) provide coordination and cohesion 

16 among Federal, State, and local governmental 

17 and private efforts that provide financial assist18 ance to help low-income students attend an in19 stitution of higher education; 

20 ‘‘(2) provide need-based grants for access and 

21 persistence to eligible low-income students; 

22 ‘‘(3) provide early notification to low-income 

23 students of the students’ eligibility for financial aid; 

24 and 
184 

•S 1614 IS 

1 ‘‘(4) encourage increased participation in early 

2 information and intervention, mentoring, or outreach 

3 programs. 

4 ‘‘(b) ALLOTMENTS TO STATES.— 

5 ‘‘(1) IN GENERAL.— 

6 ‘‘(A) AUTHORIZATION.—From sums re7 served under section 415A(b)(2) for each fiscal 

8 year, the Secretary shall make an allotment to 

9 each State that submits an application for an 

10 allotment in accordance with subsection (c) to 

11 enable the State to pay the Federal share, as 

12 described in paragraph (2), of the cost of car13 rying out the activities under subsection (d). 

14 ‘‘(B) DETERMINATION OF ALLOTMENT.— 

15 In making allotments under subparagraph (A), 

16 the Secretary shall consider the following: 

17 ‘‘(i) CONTINUATION OF AWARD.—If a 

18 State continues to meet the specifications 

19 established in such State’s application 

20 under subsection (c), the Secretary shall 

21 make an allotment to such State that is 

22 not less than the allotment made to such 

23 State for the previous fiscal year. 

24 ‘‘(ii) PRIORITY.—The Secretary shall 

25 give priority in making allotments to 
185 

•S 1614 IS 

1 States that meet the requirements de2 scribed in paragraph (2)(A)(ii). 

3 ‘‘(2) FEDERAL SHARE.— 

4 ‘‘(A) IN GENERAL.—The Federal share 

5 under this section shall be determined in ac6 cordance with the following: 

7 ‘‘(i) If a State applies for an allot8 ment under this section in partnership 

9 with— 

10 ‘‘(I) any number of degree grant11 ing institutions of higher education in 

12 the State whose combined full-time 

13 enrollment represents less than a ma14 jority of all students attending institu15 tions of higher education in the State; 

16 and 

17 ‘‘(II)(aa) philanthropic organiza18 tions that are located in, or that pro19 vide funding in, the State; or 

20 ‘‘(bb) private corporations that 

21 are located in, or that do business in, 

22 the State, 

23 then the Federal share of the cost of car24 rying out the activities under subsection 

25 (d) shall be equal to 50 percent. 
186 

•S 1614 IS 

1 ‘‘(ii) If a State applies for an allot2 ment under this section in partnership 

3 with— 

4 ‘‘(I) any number of degree grant5 ing institutions of higher education in 

6 the State whose combined full-time 

7 enrollment represents a majority of all 

8 students attending institutions of 

9 higher education in the State; and 

10 ‘‘(II)(aa) philanthropic organiza11 tions that are located in, or that pro12 vide funding in, the State; or 

13 ‘‘(bb) private corporations that 

14 are located in, or that do business in, 

15 the State, 

16 then the Federal share of the cost of car17 rying out the activities under subsection 

18 (d) shall be equal to 57 percent. 

19 ‘‘(B) NON-FEDERAL SHARE.— 

20 ‘‘(i) IN GENERAL.—The non-Federal 

21 share under this section may be provided 

22 in cash or in kind, fully evaluated and in 

23 accordance with this subparagraph. 

24 ‘‘(ii) IN KIND CONTRIBUTION.—For 

25 the purpose of calculating the non-Federal 
187 

•S 1614 IS 

1 share under this section, an in kind con2 tribution is a non-cash award that has 

3 monetary value, such as provision of room 

4 and board and transportation passes, and 

5 that helps a student meet the cost of at6 tendance. 

7 ‘‘(iii) EFFECT ON NEED ANALYSIS.— 

8 For the purpose of calculating a student’s 

9 need in accordance with part F of this 

10 title, an in-kind contribution described in 

11 clause (ii) shall be considered a resource 

12 and not a reduction in the cost of attend13 ance. 

14 ‘‘(c) APPLICATION FOR ALLOTMENT.— 

15 ‘‘(1) IN GENERAL.— 

16 ‘‘(A) SUBMISSION.—A State that desires 

17 to receive an allotment under this section on be18 half of a partnership described in paragraph (3) 

19 shall submit an application to the Secretary at 

20 such time, in such manner, and containing such 

21 information as the Secretary may require. 

22 ‘‘(B) CONTENT.—An application submitted 

23 under subparagraph (A) shall include the fol24 lowing: 
188 

•S 1614 IS 

1 ‘‘(i) A description of the State’s plan 

2 for using the allotted funds. 

3 ‘‘(ii) Assurances that the State will 

4 provide the non-Federal share from State, 

5 institutional, philanthropic, or private 

6 funds, of not less than the required share 

7 of the cost of carrying out the activities 

8 under subsection (d), as determined under 

9 subsection (b), in accordance with the fol10 lowing: 

11 ‘‘(I) The State shall specify the 

12 methods by which non-Federal share 

13 funds will be paid and include provi14 sions designed to ensure that funds 

15 provided under this section will be 

16 used to supplement, and not supplant, 

17 Federal and non-Federal funds avail18 able for carrying out the activities 

19 under this title. 

20 ‘‘(II) A State that uses non-Fed21 eral funds to create or expand existing 

22 partnerships with nonprofit organiza23 tions or community-based organiza24 tions in which such organizations 

25 match State funds for student schol-
189 

•S 1614 IS 

1 arships, may apply such matching 

2 funds from such organizations toward 

3 fulfilling the State’s non-Federal 

4 share obligation under this clause. 

5 ‘‘(iii) Assurances that early informa6 tion and intervention, mentoring, or out7 reach programs exist within the State or 

8 that there is a plan to make such pro9 grams widely available. 

10 ‘‘(iv) A description of the organiza11 tional structure that the State has in place 

12 to administer the activities under sub13 section (d), including a description of the 

14 system the State will use to track the par15 ticipation of students who receive grants 

16 under this section to degree completion. 

17 ‘‘(v) Assurances that the State has a 

18 method in place, such as acceptance of the 

19 automatic zero expected family contribu20 tion determination described in section 

21 479, to identify eligible low-income stu22 dents and award State grant aid to such 

23 students. 

24 ‘‘(vi) Assurances that the State will 

25 provide notification to eligible low-income 
190 

•S 1614 IS 

1 students that grants under this section 

2 are— 

3 ‘‘(I) Leveraging Educational As4 sistance Partnership Grants; and 

5 ‘‘(II) funded by the Federal Gov6 ernment, the State, and other contrib7 uting partners. 

8 ‘‘(2) STATE AGENCY.—The State agency that 

9 submits an application for a State under section 

10 415C(a) shall be the same State agency that sub11 mits an application under paragraph (1) for such 

12 State. 

13 ‘‘(3) PARTNERSHIP.—In applying for an allot14 ment under this section, the State agency shall apply 

15 for the allotment in partnership with— 

16 ‘‘(A) not less than 1 public and 1 private 

17 degree granting institution of higher education 

18 that are located in the State, if applicable; 

19 ‘‘(B) new or existing early information and 

20 intervention, mentoring, or outreach programs 

21 located in the State; and 

22 ‘‘(C) not less than 1— 

23 ‘‘(i) philanthropic organization located 

24 in, or that provides funding in, the State; 

25 or 
191 

•S 1614 IS 

1 ‘‘(ii) private corporation located in, or 

2 that does business in, the State. 

3 ‘‘(4) ROLES OF PARTNERS.— 

4 ‘‘(A) STATE AGENCY.—A State agency 

5 that is in a partnership receiving an allotment 

6 under this section— 

7 ‘‘(i) shall— 

8 ‘‘(I) serve as the primary admin9 istrative unit for the partnership; 

10 ‘‘(II) provide or coordinate non11 Federal share funds, and coordinate 

12 activities among partners; 

13 ‘‘(III) encourage each institution 

14 of higher education in the State to 

15 participate in the partnership; 

16 ‘‘(IV) make determinations and 

17 early notifications of assistance as de18 scribed under subsection (d)(2); and 

19 ‘‘(V) annually report to the Sec20 retary on the partnership’s progress 

21 in meeting the purpose of this section; 

22 and 

23 ‘‘(ii) may provide early information 

24 and intervention, mentoring, or outreach 

25 programs. 
192 

•S 1614 IS 

1 ‘‘(B) DEGREE GRANTING INSTITUTIONS OF

2 HIGHER EDUCATION.—A degree granting insti3 tution of higher education that is in a partner4 ship receiving an allotment under this section— 

5 ‘‘(i) shall— 

6 ‘‘(I) recruit and admit partici7 pating qualified students and provide 

8 such additional institutional grant aid 

9 to participating students as agreed to 

10 with the State agency; 

11 ‘‘(II) provide support services to 

12 students who receive grants for access 

13 and persistence under this section and 

14 are enrolled at such institution; and 

15 ‘‘(III) assist the State in the 

16 identification of eligible students and 

17 the dissemination of early notifica18 tions of assistance as agreed to with 

19 the State agency; and 

20 ‘‘(ii) may provide funding for early in21 formation and intervention, mentoring, or 

22 outreach programs or provide such services 

23 directly. 

24 ‘‘(C) PROGRAMS.—An early information 

25 and intervention, mentoring, or outreach pro-
193 

•S 1614 IS 

1 gram that is in a partnership receiving an allot2 ment under this section shall provide direct 

3 services, support, and information to partici4 pating students. 

5 ‘‘(D) PHILANTHROPIC ORGANIZATION OR

6 PRIVATE CORPORATION.—A philanthropic orga7 nization or private corporation that is in a part8 nership receiving an allotment under this sec9 tion shall provide funds for grants for access 

10 and persistence for participating students, or 

11 provide funds or support for early information 

12 and intervention, mentoring, or outreach pro13 grams. 

14 ‘‘(d) AUTHORIZED ACTIVITIES.— 

15 ‘‘(1) IN GENERAL.— 

16 ‘‘(A) ESTABLISHMENT OF PARTNER17 SHIP.—Each State receiving an allotment under 

18 this section shall use the funds to establish a 

19 partnership to award grants for access and per20 sistence to eligible low-income students in order 

21 to increase the amount of financial assistance 

22 such students receive under this subpart for un23 dergraduate education expenses. 

24 ‘‘(B) AMOUNT OF GRANTS.— 
194 

•S 1614 IS 

1 ‘‘(i) PARTNERSHIPS WITH INSTITU2 TIONS SERVING LESS THAN A MAJORITY

3 OF STUDENTS IN THE STATE.— 

4 ‘‘(I) IN GENERAL.—In the case 

5 where a State receiving an allotment 

6 under this section is in a partnership 

7 described in subsection (b)(2)(B)(i), 

8 the amount of a grant for access and 

9 persistence awarded by such State 

10 shall be not less than the amount that 

11 is equal to the average undergraduate 

12 tuition and mandatory fees at 4-year 

13 public institutions of higher education 

14 in the State where the student resides 

15 (less any other Federal or State spon16 sored grant amount, work study 

17 amount, and scholarship amount re18 ceived by the student), and such 

19 amount shall be used toward the cost 

20 of attendance at an institution of 

21 higher education, located in the State, 

22 that is a partner in the partnership. 

23 ‘‘(II) COST OF ATTENDANCE.—A 

24 State that has a program, apart from 

25 the partnership under this section, of 
195 

•S 1614 IS 

1 providing eligible low-income students 

2 with grants that are equal to the aver3 age undergraduate tuition and man4 datory fees at 4-year public institu5 tions of higher education in the State, 

6 may increase the amount of access 

7 and persistence grants awarded by 

8 such State up to an amount that is 

9 equal to the average cost of attend10 ance at 4-year public institutions of 

11 higher education in the State (less 

12 any other Federal or State sponsored 

13 grant amount, work study amount, 

14 and scholarship amount received by 

15 the student). 

16 ‘‘(ii) PARTNERSHIP WITH INSTITU17 TIONS SERVING THE MAJORITY OF STU18 DENTS IN THE STATE.—In the case where 

19 a State receiving an allotment under this 

20 section is in a partnership described in 

21 subsection (b)(2)(B)(ii), the amount of an 

22 access and persistence grant awarded by 

23 such State shall be not more than an 

24 amount that is equal to the average at 4- 

25 year public institutions of higher education 
196 

•S 1614 IS 

1 in the State where the student resides (less 

2 any other Federal or State sponsored 

3 grant amount, college work study amount, 

4 and scholarship amount received by the 

5 student), and such amount shall be used 

6 by the student to attend an institution of 

7 higher education, located in the State, that 

8 is a partner in the partnership. 

9 ‘‘(2) EARLY NOTIFICATION.— 

10 ‘‘(A) IN GENERAL.—Each State receiving 

11 an allotment under this section shall annually 

12 notify low-income students, such as students 

13 who are eligible to receive a free lunch under 

14 the school lunch program established under the 

15 Richard B. Russell National School Lunch Act, 

16 in grade 7 through grade 12 in the State, of 

17 the students’ potential eligibility for student fi18 nancial assistance, including an access and per19 sistence grant, to attend an institution of high20 er education. 

21 ‘‘(B) CONTENT OF NOTICE.—The notifica22 tion under subparagraph (A)— 

23 ‘‘(i) shall include— 

24 ‘‘(I) information about early in25 formation and intervention, men-
197 

•S 1614 IS 

1 toring, or outreach programs available 

2 to the student; 

3 ‘‘(II) information that a stu4 dent’s candidacy for an access and 

5 persistence grant is enhanced through 

6 participation in an early information 

7 and intervention, mentoring, or out8 reach program; 

9 ‘‘(III) an explanation that stu10 dent and family eligibility and partici11 pation in other Federal means-tested 

12 programs may indicate eligibility for 

13 an access and persistence grant and 

14 other student aid programs; 

15 ‘‘(IV) a nonbinding estimation of 

16 the total amount of financial aid a 

17 low-income student with a similar in18 come level may expect to receive, in19 cluding an estimation of the amount 

20 of an access and persistence grant 

21 and an estimation of the amount of 

22 grants, loans, and all other available 

23 types of aid from the major Federal 

24 and State financial aid programs; 
198 

•S 1614 IS 

1 ‘‘(V) an explanation that in order 

2 to be eligible for an access and per3 sistence grant, at a minimum, a stu4 dent shall— 

5 ‘‘(aa) meet the requirement 

6 under paragraph (3); 

7 ‘‘(bb) graduate from sec8 ondary school; and 

9 ‘‘(cc) enroll at an institution 

10 of higher education that is a 

11 partner in the partnership; 

12 ‘‘(VI) information on any addi13 tional requirements (such as a student 

14 pledge detailing student responsibil15 ities) that the State may impose for 

16 receipt of an access and persistence 

17 grant under this section; and 

18 ‘‘(VII) instructions on how to 

19 apply for an access and persistence 

20 grant and an explanation that a stu21 dent is required to file a Free Applica22 tion for Federal Student Aid author23 ized under section 483(a) to be eligi24 ble for such grant and assistance from 
199 

•S 1614 IS 

1 other Federal and State financial aid 

2 programs; and 

3 ‘‘(ii) may include a disclaimer that ac4 cess and persistence grant awards are con5 tingent upon— 

6 ‘‘(I) a determination of the stu7 dent’s financial eligibility at the time 

8 of the student’s enrollment at an in9 stitution of higher education that is a 

10 partner in the partnership; 

11 ‘‘(II) annual Federal and State 

12 appropriations; and 

13 ‘‘(III) other aid received by the 

14 student at the time of the student’s 

15 enrollment at an institution of higher 

16 education that is a partner in the 

17 partnership. 

18 ‘‘(3) ELIGIBILITY.—In determining which stu19 dents are eligible to receive access and persistence 

20 grants, the State shall ensure that each such student 

21 meets not less than 1 of the following: 

22 ‘‘(A) Meets not less than 2 of the following 

23 criteria, with priority given to students meeting 

24 all of the following criteria: 
200 

•S 1614 IS 

1 ‘‘(i) Has an expected family contribu2 tion equal to zero (as described in section 

3 479) or a comparable alternative based 

4 upon the State’s approved criteria in sec5 tion 415C(b)(4). 

6 ‘‘(ii) Has qualified for a free lunch, or 

7 at the State’s discretion a reduced price 

8 lunch, under the school lunch program es9 tablished under the Richard B. Russell Na10 tional School Lunch Act. 

11 ‘‘(iii) Qualifies for the State’s max12 imum undergraduate award, as authorized 

13 under section 415C(b). 

14 ‘‘(iv) Is participating in, or has par15 ticipated in, a Federal, State, institutional, 

16 or community early information and inter17 vention, mentoring, or outreach program, 

18 as recognized by the State agency admin19 istering activities under this section. 

20 ‘‘(B) Is receiving, or has received, an ac21 cess and persistence grant under this section, in 

22 accordance with paragraph (5). 

23 ‘‘(4) GRANT AWARD.—Once a student, includ24 ing those students who have received early notifica25 tion under paragraph (2) from the State, applies for 
201 

•S 1614 IS 

1 admission to an institution that is a partner in the 

2 partnership, files a Free Application for Federal 

3 Student Aid and any related existing State form, 

4 and is determined eligible by the State under para5 graph (3), the State shall— 

6 ‘‘(A) issue the student a preliminary access 

7 and persistence grant award certificate with 

8 tentative award amounts; and 

9 ‘‘(B) inform the student that payment of 

10 the access and persistence grant award 

11 amounts is subject to certification of enrollment 

12 and award eligibility by the institution of higher 

13 education. 

14 ‘‘(5) DURATION OF AWARD.—An eligible stu15 dent that receives an access and persistence grant 

16 under this section shall receive such grant award for 

17 each year of such student’s undergraduate education 

18 in which the student remains eligible for assistance 

19 under this title, including pursuant to section 

20 484(c), and remains financially eligible as deter21 mined by the State, except that the State may im22 pose reasonable time limits to baccalaureate degree 

23 completion. 

24 ‘‘(e) USE OF FUNDS FOR ADMINISTRATIVE COSTS

25 PROHIBITED.—A State that receives an allotment under 
202 

•S 1614 IS 

1 this section shall not use any of the allotted funds to pay 

2 administrative costs associated with any of the authorized 

3 activities described in subsection (d). 

4 ‘‘(f) STATUTORY AND REGULATORY RELIEF FOR IN5 STITUTIONS OF HIGHER EDUCATION.—The Secretary 

6 may grant, upon the request of an institution of higher 

7 education that is in a partnership described in subsection 

8 (b)(2)(B)(ii) and that receives an allotment under this sec9 tion, a waiver for such institution from statutory or regu10 latory requirements that inhibit the ability of the institu11 tion to successfully and efficiently participate in the activi12 ties of the partnership. 

13 ‘‘(g) APPLICABILITY RULE.—The provisions of this 

14 subpart which are not inconsistent with this section shall 

15 apply to the program authorized by this section. 

16 ‘‘(h) MAINTENANCE OF EFFORT REQUIREMENT.— 

17 Each State receiving an allotment under this section for 

18 a fiscal year shall provide the Secretary with an assurance 

19 that the aggregate amount expended per student or the 

20 aggregate expenditures by the State, from funds derived 

21 from non-Federal sources, for the authorized activities de22 scribed in subsection (d) for the preceding fiscal year were 

23 not less than the amount expended per student or the ag24 gregate expenditure by the State for the activities for the 

25 second preceding fiscal year. 
203 

•S 1614 IS 

1 ‘‘(i) SPECIAL RULE.—Notwithstanding subsection 

2 (h), for purposes of determining a State’s share of the cost 

3 of the authorized activities described in subsection (d), the 

4 State shall consider only those expenditures from non5 Federal sources that exceed the State’s total expenditures 

6 for need-based grants, scholarships, and work-study as7 sistance for fiscal year 1999 (including any such assist8 ance provided under this subpart). 

9 ‘‘(j) REPORTS.—Not later than 3 years after the date 

10 of enactment of the Higher Education Amendments of 

11 2005 and annually thereafter, the Secretary shall submit 

12 a report describing the activities and the impact of the 

13 partnerships under this section to the authorizing commit14 tees.’’. 

15 SEC. 407. SPECIAL PROGRAMS FOR STUDENTS WHOSE FAM16 ILIES ARE ENGAGED IN MIGRANT AND SEA17 SONAL FARMWORK. 

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

19 (1) in subsection (a), by adding ‘‘(including 

20 providing outreach and technical assistance)’’ after 

21 ‘‘maintain and expand’’; 

22 (2) in subsection (b)— 

23 (A) in paragraph (1)(B)(i), by striking 

24 ‘‘parents’’ and inserting ‘‘immediate family’’; 
204 

•S 1614 IS 

1 (B) in paragraph (3)(B), by inserting ‘‘(in2 cluding preparation for college entrance exami3 nations)’’ after ‘‘college program’’; 

4 (C) in paragraph (5), by striking ‘‘weekly’’; 

5 (D) in paragraph (7), by striking ‘‘and’’ 

6 after the semicolon; 

7 (E) in paragraph (8), by striking the pe8 riod at the end and inserting ‘‘; and’’; and 

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

10 ‘‘(9) other activities to improve persistence and 

11 retention in postsecondary education.’’; 

12 (3) in subsection (c)— 

13 (A) in paragraph (1)— 

14 (i) in subparagraph (B)— 

15 (I) in the matter preceding clause 

16 (i), by inserting ‘‘to improve place17 ment, persistence, and retention in 

18 postsecondary education’’ after ‘‘serv19 ices’’; and 

20 (II) in clause (i), by striking 

21 ‘‘and career’’ and inserting ‘‘career, 

22 and economic education or personal fi23 nance’’; 

24 (ii) in subparagraph (E), by striking 

25 ‘‘and’’ after the semicolon; 
205 

•S 1614 IS 

1 (iii) by redesignating subparagraph 

2 (F) as subparagraph (G); and 

3 (iv) by inserting after subparagraph 

4 (E) the following: 

5 ‘‘(F) internships; and’’; and 

6 (B) in paragraph (2)— 

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

8 ‘‘and’’ after the semicolon; 

9 (ii) in subparagraph (B), by striking 

10 the period at the end and inserting ‘‘, and 

11 coordinating such services, assistance, and 

12 aid with other non-program services, as13 sistance, and aid, including services, assist14 ance, and aid provided by community15 based organizations, which may include 

16 mentoring and guidance; and’’; and 

17 (iii) by adding at the end the fol18 lowing: 

19 ‘‘(C) for students attending 2-year institu20 tions of higher education, encouraging the stu21 dents to transfer to 4-year institutions of higher 

22 education, where appropriate, and monitoring 

23 the rate of transfer of such students.’’; 

24 (4) in subsection (e), by striking ‘‘section 

25 402A(c)(1)’’ and inserting ‘‘section 402A(c)(2)’’; 
206 

•S 1614 IS 

1 (5) in subsection (f)— 

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

3 ‘‘$150,000’’ and inserting ‘‘$180,000’’; and 

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

5 ‘‘$150,000’’ and inserting ‘‘$180,000’’; and 

6 (6) in subsection (h)— 

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

8 ‘‘$15,000,000 for fiscal year 1999’’ and all that 

9 follows through the period and inserting ‘‘such 

10 sums as may be necessary for fiscal year 2006 

11 and each of the 5 succeeding fiscal years.’’; and 

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

13 ‘‘$5,000,000 for fiscal year 1999’’ and all that 

14 follows through the period and inserting ‘‘such 

15 sums as may be necessary for fiscal year 2006 

16 and each of the 5 succeeding fiscal years.’’. 

17 SEC. 408. ROBERT C. BYRD HONORS SCHOLARSHIP PRO18 GRAM. 

19 Section 419K (20 U.S.C. 1070d–41) is amended by 

20 striking ‘‘$45,000,000 for fiscal year 1999’’ and all that 

21 follows through the period and inserting ‘‘such sums as 

22 may be necessary for fiscal year 2006 and each of the 5 

23 succeeding fiscal years.’’. 
207 

•S 1614 IS 

1 SEC. 409. CHILD CARE ACCESS MEANS PARENTS IN 

2 SCHOOL. 

3 (a) MINIMUM GRANT.—Section 419N(b)(2)(B) (20 

4 U.S.C. 1070e(b)(2)(B)) is amended— 

5 (1) by striking ‘‘A grant’’ and inserting the fol6 lowing: 

7 ‘‘(i) IN GENERAL.—Except as pro8 vided in clause (ii), a grant’’; and 

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

10 ‘‘(ii) INCREASE TRIGGER.—For any 

11 fiscal year for which the amount appro12 priated under the authority of subsection 

13 (g) is equal to or greater than 

14 $20,000,000, a grant under this section 

15 shall be awarded in an amount that is not 

16 less than $30,000.’’. 

17 (b) DEFINITION OF LOW-INCOME STUDENT.—Para18 graph (7) of section 419N(b) (20 U.S.C. 1070e(b)) is 

19 amended to read as follows: 

20 ‘‘(7) DEFINITION OF LOW-INCOME STUDENT.— 

21 For the purpose of this section, the term ‘low-income 

22 student’ means a student who— 

23 ‘‘(A) is eligible to receive a Federal Pell 

24 Grant for the fiscal year for which the deter25 mination is made; or 
208 

•S 1614 IS 

1 ‘‘(B) would otherwise be eligible to receive 

2 a Federal Pell Grant for the fiscal year for 

3 which the determination is made, except that 

4 the student fails to meet the requirements of— 

5 ‘‘(i) section 401(c)(1) because the stu6 dent is enrolled in a graduate or first pro7 fessional course of study; or 

8 ‘‘(ii) section 484(a)(5) because the 

9 student is in the United States for a tem10 porary purpose.’’. 

11 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

12 419N(g) (20 U.S.C. 1070e(g)) is amended by striking 

13 ‘‘$45,000,000 for fiscal year 1999’’ and all that follows 

14 through the period and inserting ‘‘such sums as may be 

15 necessary for fiscal year 2006 and each of the 5 suc16 ceeding fiscal years.’’. 

17 SEC. 410. LEARNING ANYTIME ANYWHERE PARTNERSHIPS. 

18 Subpart 8 of part A of title IV (20 U.S.C. 1070f et 

19 seq.) is repealed. 

20 PART B—FEDERAL FAMILY EDUCATION LOAN 

21 PROGRAM 

22 SEC. 421. EXTENSION OF AUTHORITIES. 

23 (a) FEDERAL INSURANCE LIMITATIONS.—Section 

24 424(a) (20 U.S.C. 1074(a)) is amended— 
209 

•S 1614 IS 

1 (1) by striking ‘‘2004’’ and inserting ‘‘2012’’; 

2 and 

3 (2) by striking ‘‘2008’’ and inserting ‘‘2016’’. 

4 (b) GUARANTEED LOANS.—Section 428(a)(5) (20 

5 U.S.C. 1078(a)(5)) is amended— 

6 (1) by striking ‘‘2004’’ and inserting ‘‘2012’’; 

7 and 

8 (2) by striking ‘‘2008’’ and inserting ‘‘2016’’. 

9 (3) CONSOLIDATION LOANS.—Section 428C(e) 

10 (20 U.S.C. 1078–3(e)) is amended by striking 

11 ‘‘2004’’ and inserting ‘‘2012’’. 

12 SEC. 422. FEDERAL PAYMENTS TO REDUCE STUDENT IN13 TEREST COSTS. 

14 Section 428 (20 U.S.C. 1078) is amended— 

15 (1) in subsection (b)(1)— 

16 (A) in subparagraph (N)— 

17 (i) in clause (i), by striking ‘‘or’’ after 

18 the semicolon; and 

19 (ii) by striking clause (ii) and insert20 ing the following: 

21 ‘‘(ii) in the case of a student who is 

22 studying outside the United States in a 

23 program of study abroad that is approved 

24 for credit by the home institution at which 

25 such student is enrolled, are, at the re-
210 

•S 1614 IS 

1 quest of the student, disbursed directly to 

2 the student by the means described in 

3 clause (i), unless such student requests 

4 that the check be endorsed, or the funds 

5 transfer be authorized, pursuant to an au6 thorized power-of-attorney; or 

7 ‘‘(iii) in the case of a student who is 

8 studying outside the United States in a 

9 program of study at an eligible foreign in10 stitution, are, at the request of the foreign 

11 institution, disbursed directly to the stu12 dent by the means described in clause 

13 (i);’’; and 

14 (B) in subparagraph (Y)(i)(III), by insert15 ing ‘‘, except that, if requested by an institution 

16 of higher education, the lender shall confirm 

17 such status through use of the National Stu18 dent Loan Data System’’ before the semicolon; 

19 and 

20 (2) in subsection (c)(2)(H)(i), by striking 

21 ‘‘preclaims’’ and inserting ‘‘default aversion’’. 

22 SEC. 423. FEDERAL CONSOLIDATION LOANS. 

23 Section 428C(b)(1) (20 U.S.C. 1078–3(b)(1)) is 

24 amended— 
211 

•S 1614 IS 

1 (1) in subparagraph (E), by striking ‘‘and’’ 

2 after the semicolon; 

3 (2) by redesignating subparagraph (F) as sub4 paragraph (G); and 

5 (3) by inserting after subparagraph (E) the fol6 lowing: 

7 ‘‘(F) that the lender will disclose, in a 

8 clear and conspicuous manner, to borrowers 

9 who consolidate loans made under part E of 

10 this title— 

11 ‘‘(i) that once the borrower adds the 

12 borrower’s Federal Perkins Loan to a Fed13 eral Consolidation Loan, the borrower will 

14 lose all interest-free periods that would 

15 have been available, such as those periods 

16 when no interest accrues on the Federal 

17 Perkins Loan while the borrower is en18 rolled in school at least half-time, during 

19 the grace period, and during periods when 

20 the borrower’s student loan repayments 

21 are deferred; 

22 ‘‘(ii) that the borrower will no longer 

23 be eligible for loan forgiveness of Federal 

24 Perkins Loans under any provision of sec25 tion 465; and 
212 

•S 1614 IS 

1 ‘‘(iii) the occupations described in sec2 tion 465(a)(2), individually and in detail, 

3 for which the borrower will lose eligibility 

4 for Federal Perkins Loan forgiveness; 

5 and’’. 

6 SEC. 424. DEFAULT REDUCTION PROGRAM. 

7 Section 428F (20 U.S.C. 1078–6) is amended by 

8 adding at the end the following: 

9 ‘‘(c) FINANCIAL AND ECONOMIC LITERACY.—Where 

10 appropriate as determined by the institution of higher edu11 cation in which a borrower is enrolled, each program de12 scribed in subsection (b) shall include making available fi13 nancial and economic education materials for the bor14 rower, including making the materials available before, 

15 during, or after rehabilitation of a loan.’’. 

16 SEC. 425. REPORTS TO CREDIT BUREAUS AND INSTITU17 TIONS OF HIGHER EDUCATION. 

18 Section 430A(a) (20 U.S.C. 1080a(a)) is amended— 

19 (1) in the first sentence, by striking ‘‘with cred20 it bureau organizations’’ and inserting ‘‘with each 

21 consumer reporting agency that compiles and main22 tains files on consumers on a nationwide basis (as 

23 defined in section 603(q) of the Fair Credit Report24 ing Act (15 U.S.C. 1681a(q))’’; 
213 

•S 1614 IS 

1 (2) by redesignating paragraphs (1), (2), and 

2 (3) as paragraphs (2), (4), and (5), respectively; 

3 (3) by inserting before paragraph (2) (as redes4 ignated by paragraph (2)), the following: 

5 ‘‘(1) the type of loan made, insured, or guaran6 teed under this title;’’; 

7 (4) by inserting after paragraph (2) (as redesig8 nated by paragraph (2)), the following: 

9 ‘‘(3) information concerning the repayment sta10 tus of the loan, which information shall be included 

11 in the file of the borrower, except that nothing in 

12 this paragraph shall be construed to affect any oth13 erwise applicable provision of the Fair Credit Re14 porting Act (15 U.S.C. 1681 et seq.)’’; 

15 (5) in paragraph (4) (as redesignated by para16 graph (2)), by striking ‘‘and’’ after the semicolon; 

17 (6) in paragraph (5) (as redesignated by para18 graph (2)), by striking the period and inserting ‘‘; 

19 and’’; and 

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

21 ‘‘(6) any other information required to be re22 ported by Federal law.’’. 

23 SEC. 426. COMMON FORMS AND FORMATS. 

24 Section 432(m)(1)(D)(i) (20 U.S.C. 

25 1082(m)(1)(D)(i)) is amended by adding at the end the 
214 

•S 1614 IS 

1 following: ‘‘Unless otherwise notified by the Secretary, 

2 each institution of higher education that participates in 

3 the program under this part or part D may use a master 

4 promissory note for loans under this part and part D.’’. 

5 SEC. 427. STUDENT LOAN INFORMATION BY ELIGIBLE BOR6 ROWERS. 

7 Section 433 (20 U.S.C. 1083) is amended by adding 

8 at the end the following: 

9 ‘‘(f) BORROWER INFORMATION AND PRIVACY.—Each 

10 eligible lender, guaranty agency, secondary market, con11 sumer reporting agency, or student loan servicer partici12 pating in a program under this part shall not use, release, 

13 sell, transfer, or give any student information, including 

14 the name, address, social security number, or amount bor15 rowed by a borrower or a borrower’s parent, for any pur16 pose that is not related to the processing of, the collecting 

17 of, the servicing of, or other activities associated with the 

18 prevention of default on, loans under this title. 

19 ‘‘(g) LOAN BENEFIT DISCLOSURES.— 

20 ‘‘(1) IN GENERAL.—Each eligible lender, hold21 er, or servicer of a loan made, insured, or guaran22 teed under this part shall provide the borrower with 

23 information on the loan benefit repayment options 

24 the lender, holder, or servicer offer, including infor25 mation on reductions in interest rates— 
215 

•S 1614 IS 

1 ‘‘(A) by repaying the loan by automatic 

2 payroll or checking account deduction; 

3 ‘‘(B) by completing a program of on-time 

4 repayment; and 

5 ‘‘(C) under any other interest rate reduc6 tion program. 

7 ‘‘(2) INFORMATION.—Such borrower informa8 tion shall include— 

9 ‘‘(A) any limitations on such options; 

10 ‘‘(B) explicit information on the reasons a 

11 borrower may lose eligibility for such an option; 

12 ‘‘(C) examples of the impact the interest 

13 rate reductions will have on a borrower’s time 

14 for repayment and amount of repayment; 

15 ‘‘(D) upon the request of the borrower, the 

16 effect the reductions in interest rates will have 

17 with respect to the borrower’s payoff amount 

18 and time for repayment; and 

19 ‘‘(E) information on borrower recertifi20 cation requirements.’’. 

21 SEC. 428. CONSUMER EDUCATION INFORMATION. 

22 Part B (20 U.S.C. 1071 et seq.) is amended by in23 serting after section 433 (20 U.S.C. 1083) the following: 
216 

•S 1614 IS 

1 ‘‘SEC. 433A. CONSUMER EDUCATION INFORMATION. 

2 ‘‘Each guaranty agency participating in a program 

3 under this part working with the institutions of higher 

4 education served by such guaranty agency (or in the case 

5 of an institution of higher education that provides loans 

6 exclusively through part D, the institution working with 

7 a guaranty agency or with the Secretary) shall develop and 

8 make available a quality educational program and mate9 rials to provide training for students in budgeting and fi10 nancial management, including debt management and 

11 other aspects of financial literacy, such as the cost of using 

12 very high interest loans to pay for postsecondary edu13 cation, particularly as budgeting and financial manage14 ment relates to student loan programs authorized by this 

15 title. Nothing in this section shall be construed to prohibit 

16 a guaranty agency from using an existing program or ex17 isting materials to meet the requirement of this section. 

18 The activities described in this section shall be considered 

19 default reduction activities for the purposes of section 

20 422.’’. 

21 SEC. 429. DEFINITION OF ELIGIBLE LENDER. 

22 Section 435(d)(2) (20 U.S.C. 1085(d)(2)) is amended 

23 by striking subparagraph (F) and inserting the following: 

24 ‘‘(F) shall use the proceeds from special al25 lowance payments, interest payments from bor26 rowers, proceeds from the sale of a loan made, 
217 

•S 1614 IS 

1 insured, or guaranteed under this part, and all 

2 other proceeds related to such a loan that are 

3 furnished to the eligible institution or any enti4 ty affiliated (directly or indirectly) with the eli5 gible institution, for need based grant pro6 grams, except that such payments and proceeds 

7 may be used for reasonable reimbursement for 

8 direct administrative expenses;’’. 

9 SEC. 430. REPAYMENT BY THE SECRETARY OF LOANS OF 

10 BANKRUPT, DECEASED, OR DISABLED BOR11 ROWERS; TREATMENT OF BORROWERS AT12 TENDING SCHOOLS THAT FAIL TO PROVIDE A 

13 REFUND, ATTENDING CLOSED SCHOOLS, OR 

14 FALSELY CERTIFIED AS ELIGIBLE TO BOR15 ROW. 

16 Section 437 (20 U.S.C. 1087) is amended— 

17 (1) in the section heading, by striking 

18 ‘‘CLOSED SCHOOLS OR FALSELY CERTIFIED AS

19 ELIGIBLE TO BORROW’’ and inserting ‘‘SCHOOLS

20 THAT FAIL TO PROVIDE A REFUND, ATTEND21 ING CLOSED SCHOOLS, OR FALSELY CERTIFIED

22 AS ELIGIBLE TO BORROW’’; and 

23 (2) in the first sentence of subsection (c)(1), by 

24 inserting ‘‘or was falsely certified as a result of a 
218 

•S 1614 IS 

1 crime of identity theft’’ after ‘‘falsely certified by the 

2 eligible institution’’. 

3 PART C—FEDERAL WORK-STUDY PROGRAMS 

4 SEC. 441. AUTHORIZATION OF APPROPRIATIONS. 

5 Section 441(b) (42 U.S.C. 2751(b)) is amended by 

6 striking ‘‘$1,000,000 for fiscal year 1999’’ and all that 

7 follows through the period and inserting ‘‘such sums as 

8 may be necessary for fiscal year 2006 and each of the 5 

9 succeeding fiscal years.’’. 

10 SEC. 442. ALLOWANCE FOR BOOKS AND SUPPLIES. 

11 Section 442(c)(4)(D) (42 U.S.C. 2752(c)(4)(D)) is 

12 amended by striking ‘‘$450’’ and inserting ‘‘$600’’. 

13 SEC. 443. GRANTS FOR FEDERAL WORK-STUDY PROGRAMS. 

14 Section 443(b)(2) (42 U.S.C. 2753(b)(2)) is amend15 ed— 

16 (1) by striking subparagraph (A); 

17 (2) by redesignating subparagraphs (B) and 

18 (C) as subparagraphs (A) and (B), respectively; and 

19 (3) in subparagraph (A) (as redesignated by 

20 paragraph (2)), by striking ‘‘this subparagraph if’’ 

21 and all that follows through ‘‘institution;’’ and in22 serting ‘‘this subparagraph if— 

23 ‘‘(i) the Secretary determines that en24 forcing this subparagraph would cause 

25 hardship for students at the institution; or 
219 

•S 1614 IS 

1 ‘‘(ii) the institution certifies to the 

2 Secretary that 15 percent or more of its 

3 total full-time enrollment participates in 

4 community service activities described in 

5 section 441(c) or tutoring and literacy ac6 tivities described in subsection (d) of this 

7 section;’’. 

8 SEC. 444. JOB LOCATION AND DEVELOPMENT PROGRAMS. 

9 Section 446(a)(1) (42 U.S.C. 2756(a)(1)) is amended 

10 by striking ‘‘$50,000’’ and inserting ‘‘$75,000’’. 

11 SEC. 445. WORK COLLEGES. 

12 Section 448(f) (42 U.S.C. 2756b(f)) is amended by 

13 striking ‘‘5,000,000 for fiscal year 1999’’ and all that fol14 lows through the period and inserting ‘‘such sums as may 

15 be necessary for fiscal year 2006 and each of the 5 suc16 ceeding fiscal years.’’. 

17 PART D—WILLIAM D. FORD FEDERAL DIRECT 

18 LOAN PROGRAM 

19 SEC. 451. FUNDS FOR ADMINISTRATIVE EXPENSES. 

20 Section 458 (20 U.S.C. 1087h) is amended— 

21 (1) in subsection (a)(1), in the matter following 

22 subparagraph (B), by striking ‘‘$617,000,000’’ and 

23 all that follows through the period and inserting 

24 ‘‘$904,000,000 in fiscal year 2006, $943,000,000 in 

25 fiscal year 2007, $983,000,000 in fiscal year 2008, 
220 

•S 1614 IS 

1 $1,023,000,000 in fiscal year 2009, $1,064,000,000 

2 in fiscal year 2010, and $1,106,000,000 in fiscal 

3 year 2011.’’; and 

4 (2) in subsection (c)(1), by striking subpara5 graphs (A) through (E) and inserting the following: 

6 ‘‘(A) for fiscal year 2006, shall not exceed 

7 $271,000,000; 

8 ‘‘(B) for fiscal year 2007, shall not exceed 

9 $293,000,000; 

10 ‘‘(C) for fiscal year 2008, shall not exceed 

11 $315,000,000; 

12 ‘‘(D) for fiscal year 2009, shall not exceed 

13 $336,000,000; 

14 ‘‘(E) for fiscal year 2010, shall not exceed 

15 $356,000,000; and 

16 ‘‘(F) for fiscal year 2011, shall not exceed 

17 $378,000,000.’’. 

18 PART E—FEDERAL PERKINS LOANS 

19 SEC. 461. PROGRAM AUTHORITY. 

20 Section 461(b) (20 U.S.C. 1087aa(b)) is amended— 

21 (1) in paragraph (1), by striking 

22 ‘‘$250,000,000 for fiscal year 1999’’ and all that 

23 follows through the period and inserting ‘‘such sums 

24 as may be necessary for fiscal year 2006 and each 

25 of the 5 succeeding fiscal years.’’; and 
221 

•S 1614 IS 

1 (2) in paragraph (2),— 

2 (A) by striking ‘‘fiscal year 2003’’ and in3 serting ‘‘fiscal year 2009’’; and 

4 (B) by striking ‘‘October 1, 2003’’ and in5 serting ‘‘October 1, 2009’’. 

6 SEC. 462. TERMS OF LOANS. 

7 Section 464 (20 U.S.C. 1087dd) is amended— 

8 (1) in subsection (b)(1), by striking ‘‘for an ad9 ditional loan under this part’’ and inserting ‘‘for ad10 ditional aid under this title’’; and 

11 (2) in subsection (e), by striking ‘‘written’’. 

12 SEC. 463. CANCELLATION OF LOANS FOR CERTAIN PUBLIC 

13 SERVICE. 

14 Section 465(a) (20 U.S.C. 1087ee(a)) is amended— 

15 (1) in paragraph (2)— 

16 (A) in subparagraph (B), by striking 

17 ‘‘Head Start Act which’’ and inserting ‘‘Head 

18 Start Act, or in a prekindergarten or child care 

19 program that is licensed or regulated by the 

20 State, that’’; 

21 (B) in subparagraph (H), by striking ‘‘or’’ 

22 after the semicolon; 

23 (C) in subparagraph (I), by striking the 

24 period and inserting a semicolon; and 
222 

•S 1614 IS 

1 (D) by inserting before the matter fol2 lowing subparagraph (I) (as amended by sub3 paragraph (C)) the following: 

4 ‘‘(J) as a full-time faculty member at a tribally 

5 controlled college or university, as that term is de6 fined in section 2 of the Tribally Controlled College 

7 or University Assistance Act of 1978; or 

8 ‘‘(K) as a librarian, if the librarian has a mas9 ter’s degree in library science and is employed in— 

10 ‘‘(i) an elementary school or secondary 

11 school library that is eligible for assistance 

12 under title I of the Elementary and Secondary 

13 Education Act of 1965; or 

14 ‘‘(ii) a public library that serves a geo15 graphic area that contains 1 or more schools el16 igible for assistance under title I of the Elemen17 tary and Secondary Education Act of 1965.’’; 

18 and 

19 (2) in paragraph (3)(A)(i), by striking ‘‘or (I)’’ 

20 and inserting ‘‘(I), (J), or (K)’’. 

21 PART F—NEED ANALYSIS 

22 SEC. 471. COST OF ATTENDANCE. 

23 Section 472 (20 U.S.C. 1087ll) is amended— 

24 (1) by striking paragraph (4) and inserting the 

25 following: 
223 

•S 1614 IS 

1 ‘‘(4) for less than half-time students (as deter2 mined by the institution), tuition and fees and an al3 lowance for only— 

4 ‘‘(A) books, supplies, and transportation 

5 (as determined by the institution); 

6 ‘‘(B) dependent care expenses (determined 

7 in accordance with paragraph (8)); and 

8 ‘‘(C) room and board costs (determined in 

9 accordance with paragraph (3)), except that a 

10 student may receive an allowance for such costs 

11 under this subparagraph for not more than 3 

12 semesters or the equivalent, of which not more 

13 than 2 semesters or the equivalent may be con14 secutive;’’; 

15 (2) in paragraph (11), by striking ‘‘and’’ after 

16 the semicolon; 

17 (3) in paragraph (12), by striking the period 

18 and inserting ‘‘; and’’; and 

19 (4) by adding at the end the following: 

20 ‘‘(13) at the option of the institution, for a stu21 dent in a program requiring professional licensure or 

22 certification, the one time cost of obtaining the first 

23 professional credentials (as determined by the insti24 tution).’’. 
224 

•S 1614 IS 

1 SEC. 472. DEFINITIONS. 

2 (a) DEFINITIONS.—Section 480 (20 U.S.C. 1087vv) 

3 is amended— 

4 (1) in subsection (f)— 

5 (A) in paragraph (1), by inserting ‘‘quali6 fied education benefits (except as provided in 

7 paragraph (3)),’’ after ‘‘tax shelters,’’; and 

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

9 ‘‘(3) A qualified education benefit shall not be consid10 ered an asset of a student for purposes of section 475. 

11 ‘‘(4) In determining the value of assets in a deter12 mination of need under this title (other than for subpart 

13 4 of part A), the value of a qualified education benefit 

14 shall be— 

15 ‘‘(A) the refund value of any tuition credits or 

16 certificates purchased under a qualified education 

17 benefit; and 

18 ‘‘(B) in the case of a program in which con19 tributions are made to an account that is established 

20 for the purpose of meeting the qualified higher edu21 cation expenses of the designated beneficiary of the 

22 account, the current balance of such account. 

23 ‘‘(5) In this subsection: 

24 ‘‘(A) QUALIFIED EDUCATION BENEFIT.—The 

25 term ‘qualified education benefit’ means— 
225 

•S 1614 IS 

1 ‘‘(i) a qualified tuition program (as defined 

2 in section 529(b)(1)(A) of the Internal Revenue 

3 Code of 1986) or other prepaid tuition plan of4 fered by a State; and 

5 ‘‘(ii) a Coverdell education savings account 

6 (as defined in section 530(b)(1) of the Internal 

7 Revenue Code of 1986). 

8 ‘‘(B) QUALIFIED HIGHER EDUCATION EX9 PENSES.—The term ‘qualified higher education ex10 penses’ has the meaning given the term in section 

11 529(e) of the Internal Revenue Code of 1986.’’; and 

12 (2) in subsection (j)— 

13 (A) in the subsection heading, by striking 

14 ‘‘; TUITION PREPAYMENT PLANS’’; 

15 (B) by striking paragraph (2); 

16 (C) by redesignating paragraph (3) as 

17 paragraph (2); and 

18 (D) by inserting after paragraph (2) (as 

19 redesignated by subparagraph (C)) the fol20 lowing paragraph: 

21 ‘‘(3) Notwithstanding paragraph (1) and section 472, 

22 assistance not received under this title may be excluded 

23 from both estimated financial assistance and cost of at24 tendance, if that assistance is designated by the State pro25 viding that assistance to offset a specific component of the 
226 

•S 1614 IS 

1 cost of attendance. If that assistance is excluded from esti2 mated financial assistance or cost of attendance, that as3 sistance shall be excluded from both calculations.’’. 

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

5 this section shall apply with respect to determinations of 

6 need under part F of title IV for academic years beginning 

7 on or after July 1, 2006. 

8 PART G—GENERAL PROVISIONS RELATING TO 

9 STUDENT ASSISTANCE 

10 SEC. 481. DEFINITION OF ACADEMIC AND AWARD YEAR. 

11 The second sentence of section 481(a)(2) (20 U.S.C. 

12 1088(a)(2)) is amended by inserting ‘‘and that measures 

13 program length in credit hours or clock hours’’ after ‘‘bac14 calaureate degree’’. 

15 SEC. 482. COMPLIANCE CALENDAR. 

16 Section 482 (20 U.S.C. 1089) is amended by adding 

17 at the end the following: 

18 ‘‘(a) COMPLIANCE CALENDAR.—Prior to the begin19 ning of each award year, the Secretary shall provide to 

20 institutions of higher education a list of all the reports 

21 and disclosures required under this Act. The list shall in22 clude— 

23 ‘‘(1) the date each report or disclosure is re24 quired to be completed and to be submitted, made 

25 available, or disseminated; 
227 

•S 1614 IS 

1 ‘‘(2) the required recipients of each report or 

2 disclosure; 

3 ‘‘(3) any required method for transmittal or 

4 dissemination of each report or disclosure; 

5 ‘‘(4) a description of the content of each report 

6 or disclosure sufficient to allow the institution to 

7 identify the appropriate individuals to be assigned 

8 the responsibility for such report or disclosure; 

9 ‘‘(5) references to the statutory authority, ap10 plicable regulations, and current guidance issued by 

11 the Secretary regarding each report or disclosure; 

12 and 

13 ‘‘(6) any other information which is pertinent to 

14 the content or distribution of the report or disclo15 sure.’’. 

16 SEC. 483. FORMS AND REGULATIONS. 

17 Section 483 (20 U.S.C. 1090) is amended— 

18 (1) by striking subsections (a) and (b), and in19 serting the following: 

20 ‘‘(a) COMMON FINANCIAL AID FORM DEVELOPMENT

21 AND PROCESSING.— 

22 ‘‘(1) IN GENERAL.—The Secretary, in coopera23 tion with representatives of agencies and organiza24 tions involved in student financial assistance, shall 

25 produce, distribute, and process free of charge com-
228 

•S 1614 IS 

1 mon financial reporting forms as described in this 

2 subsection to be used to determine the need and eli3 gibility of a student for financial assistance under 

4 parts A through E of this title (other than under 

5 subpart 4 of part A). The forms shall be made avail6 able to applicants in both paper and electronic for7 mats and shall be referred to (except as otherwise 

8 provided in this subsection) as the ‘Free Application 

9 for Federal Student Aid’, or ‘FAFSA’. 

10 ‘‘(2) PAPER FORMAT.— 

11 ‘‘(A) IN GENERAL.—Subject to subpara12 graph (C), the Secretary shall produce, dis13 tribute, and process common forms in paper 

14 format to meet the requirements of paragraph 

15 (1). The Secretary shall develop a common 

16 paper form for applicants who do not meet the 

17 requirements of or do not wish to use the proc18 ess described in subparagraph (B). 

19 ‘‘(B) EZ FAFSA.— 

20 ‘‘(i) IN GENERAL.—The Secretary 

21 shall develop and use a simplified paper 

22 application form, to be known as the ‘EZ 

23 FAFSA’, to be used for applicants meeting 

24 the requirements under section 479(c). 
229 

•S 1614 IS 

1 ‘‘(ii) REDUCED DATA REQUIRE2 MENTS.—The EZ FAFSA shall permit an 

3 applicant to submit for purposes of deter4 mining financial need and eligibility, only 

5 the data elements required to make a de6 termination of student eligibility and 

7 whether the applicant meets the require8 ments of section 479(c). 

9 ‘‘(iii) STATE DATA.—The Secretary 

10 shall include on the EZ FAFSA such data 

11 items as may be necessary to award State 

12 financial assistance, as provided under 

13 paragraph (5), except the Secretary shall 

14 not include a State’s data if that State 

15 does not permit its applicants for State as16 sistance to use the EZ FAFSA. 

17 ‘‘(iv) FREE AVAILABILITY AND PROC18 ESSING.—The provisions of paragraph (6) 

19 shall apply to the EZ FAFSA, and the 

20 data collected by means of the EZ FAFSA 

21 shall be available to institutions of higher 

22 education, guaranty agencies, and States 

23 in accordance with paragraph (9). 
230 

•S 1614 IS 

1 ‘‘(v) TESTING.—The Secretary shall 

2 conduct appropriate field testing on the 

3 EZ FAFSA. 

4 ‘‘(C) PHASING OUT THE FULL PAPER

5 FORM FOR STUDENTS WHO DO NOT MEET THE

6 REQUIREMENTS OF THE EZ FAFSA.— 

7 ‘‘(i) IN GENERAL.—The Secretary 

8 shall make all efforts to encourage all ap9 plicants to utilize the electronic forms de10 scribed in paragraph (3). 

11 ‘‘(ii) PHASEOUT OF FULL PAPER

12 FAFSA.—Not later than 5 years after the 

13 date of enactment of the Higher Education 

14 Amendments of 2005, to the extent prac15 ticable, the Secretary shall phase out the 

16 printing of the long paper form created 

17 under subparagraph (A) and used by appli18 cants who do not meet the requirements of 

19 the EZ FAFSA described in subparagraph 

20 (B). 

21 ‘‘(iii) AVAILABILITY OF FULL PAPER

22 FAFSA.— 

23 ‘‘(I) IN GENERAL.—Both prior to 

24 and after the phaseout described in 

25 clause (ii), the Secretary shall main-
231 

•S 1614 IS 

1 tain on the Internet printable versions 

2 of the paper forms described in sub3 paragraphs (A) and (B). 

4 ‘‘(II) ACCESSIBILITY.—The 

5 printable versions described in sub6 clause (I) shall be made easily acces7 sible and downloadable to students on 

8 the same Web site used to provide 

9 students with the common electronic 

10 forms described in paragraph (3). 

11 ‘‘(III) SUBMISSION OF FORMS.— 

12 The Secretary shall conduct a study 

13 to determine the feasibility of using 

14 downloaded forms to ensure sufficient 

15 quality to meet the processing require16 ments of this section. Following the 

17 completion of the study, the Secretary 

18 shall enable, to the extent practicable, 

19 students to submit a form described 

20 in this clause that is downloaded from 

21 the Internet and printed, in order to 

22 meet the filing requirements of this 

23 section and to receive financial assist24 ance under this title. 

25 ‘‘(iv) USE OF SAVINGS.— 
232 

•S 1614 IS 

1 ‘‘(I) IN GENERAL.—The Sec2 retary shall utilize any realized sav3 ings accrued by phasing out the full 

4 paper FAFSA and moving more appli5 cants to the common electronic forms, 

6 to improve access to the electronic 

7 forms for applicants meeting the re8 quirements of section 479(c). 

9 ‘‘(II) REPORT.—The Secretary 

10 shall report annually to the author11 izing committees on— 

12 ‘‘(aa) the steps taken to im13 prove access to the common elec14 tronic forms for applicants meet15 ing the requirements of section 

16 479(c); and 

17 ‘‘(bb) the phaseout of the 

18 long common paper form de19 scribed in subparagraph (A). 

20 ‘‘(3) ELECTRONIC FORMAT.— 

21 ‘‘(A) IN GENERAL.—The Secretary shall 

22 produce, distribute, and process common forms 

23 in electronic format and make such forms avail24 able through a broadly accessible website to 

25 meet the requirements of paragraph (1). The 
233 

•S 1614 IS 

1 Secretary shall develop common electronic 

2 forms for applicants who do not meet the re3 quirements of subparagraph (B). The Secretary 

4 shall include on the common electronic forms 

5 space for information that needs to be sub6 mitted from the applicant to be eligible for 

7 State financial assistance, as provided under 

8 paragraph (5), except the Secretary shall not 

9 require applicants to complete data required by 

10 any State other than the applicant’s State of 

11 residence. The Secretary shall use all available 

12 technology to ensure that a student using a 

13 common electronic form answers only the min14 imum number of questions necessary. 

15 ‘‘(B) SIMPLIFIED ELECTRONIC APPLICA16 TIONS.— 

17 ‘‘(i) IN GENERAL.—The Secretary 

18 shall develop and use a simplified elec19 tronic application form to be used by appli20 cants meeting the requirements of section 

21 479(c) and an additional, separate sim22 plified electronic application form to be 

23 used by applicants meeting the require24 ments under section 479(b). 
234 

•S 1614 IS 

1 ‘‘(ii) REDUCED DATA REQUIRE2 MENTS.—The simplified electronic applica3 tion forms shall permit an applicant to 

4 submit for purposes of determining finan5 cial need and eligibility, only the data ele6 ments required to make a determination of 

7 student eligibility and whether the appli8 cant meets the requirements under sub9 section (b) or (c) of section 479. 

10 ‘‘(iii) STATE DATA.—The Secretary 

11 shall include on the simplified electronic 

12 application forms such data items as may 

13 be necessary to award State financial as14 sistance, as provided under paragraph (5), 

15 except the Secretary shall not require ap16 plicants to complete data required by any 

17 State other than the applicant’s State of 

18 residence and shall not include a State’s 

19 data if such State does not permit its ap20 plicants for State assistance to use the 

21 simplified electronic application form de22 scribed in this subparagraph. 

23 ‘‘(iv) FREE AVAILABILITY AND PROC24 ESSING.—The provisions of paragraph (6) 

25 shall apply to the simplified electronic ap-
235 

•S 1614 IS 

1 plication forms, and the data collected by 

2 means of the simplified electronic applica3 tion forms shall be available to institutions 

4 of higher education, guaranty agencies, 

5 and States in accordance with paragraph 

6 (9). 

7 ‘‘(v) TESTING.—The Secretary shall 

8 conduct appropriate field testing on the 

9 forms developed under this subparagraph. 

10 ‘‘(C) USE OF FORMS.—Nothing in this 

11 subsection shall be construed to prohibit the use 

12 of the forms developed by the Secretary pursu13 ant to this paragraph by an eligible institution, 

14 eligible lender, a guaranty agency, a State 

15 grant agency, a private computer software pro16 vider, a consortium of such entities, or such 

17 other entity as the Secretary may designate. 

18 Data collected by the forms shall be used only 

19 for the application, award, and administration 

20 of aid awarded under this title, State aid, or aid 

21 awarded by eligible institutions or such entities 

22 as the Secretary may designate. No data col23 lected by such electronic version of the forms 

24 shall be used for making final aid awards under 

25 this title until such data have been processed by 
236 

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1 the Secretary or a contractor or designee of the 

2 Secretary, except as may be permitted under 

3 this title. 

4 ‘‘(D) PRIVACY.—The Secretary shall en5 sure that data collection under this paragraph 

6 complies with section 552a of title 5, United 

7 States Code, and that any entity using the elec8 tronic version of the forms developed by the 

9 Secretary pursuant to this paragraph shall 

10 maintain reasonable and appropriate adminis11 trative, technical, and physical safeguards to 

12 ensure the integrity and confidentiality of the 

13 information, and to protect against security 

14 threats, or unauthorized uses or disclosures of 

15 the information provided on the electronic 

16 version of the forms. 

17 ‘‘(E) SIGNATURE.—Notwithstanding any 

18 other provision of this Act, the Secretary may 

19 permit an electronic form under this paragraph 

20 to be submitted without a signature, if a signa21 ture is subsequently submitted by the applicant 

22 or if the applicant uses a personal identification 

23 number provided by the Secretary under sub24 paragraph (F). 
237 

•S 1614 IS 

1 ‘‘(F) PERSONAL IDENTIFICATION NUM2 BERS AUTHORIZED.—The Secretary is author3 ized to assign to applicants personal identifica4 tion numbers— 

5 ‘‘(i) to enable the applicants to use 

6 such numbers as a signature for purposes 

7 of completing a form under this paragraph; 

8 and 

9 ‘‘(ii) for any purpose determined by 

10 the Secretary to enable the Secretary to 

11 carry out this title. 

12 ‘‘(4) STREAMLINED REAPPLICATION PROC13 ESS.— 

14 ‘‘(A) IN GENERAL.—The Secretary shall 

15 develop streamlined reapplication forms and 

16 processes, including both paper and electronic 

17 reapplication processes, consistent with the re18 quirements of this subsection, for an applicant 

19 who applies for financial assistance under this 

20 title in the next succeeding academic year sub21 sequent to an academic year in which such ap22 plicant applied for financial assistance under 

23 this title. 
238 

•S 1614 IS 

1 ‘‘(B) MECHANISMS FOR REAPPLICATION.— 

2 The Secretary shall develop appropriate mecha3 nisms to support reapplication. 

4 ‘‘(C) IDENTIFICATION OF UPDATED

5 DATA.—The Secretary shall determine, in co6 operation with States, institutions of higher 

7 education, and agencies and organizations in8 volved in student financial assistance, the data 

9 elements that can be updated from the previous 

10 academic year’s application. 

11 ‘‘(D) REDUCED DATA AUTHORIZED.— 

12 Nothing in this title shall be construed as lim13 iting the authority of the Secretary to reduce 

14 the number of data elements required of re15 applicants. 

16 ‘‘(E) ZERO FAMILY CONTRIBUTION.—Ap17 plicants determined to have a zero family con18 tribution pursuant to section 479(c) shall not 

19 be required to provide any financial data in a 

20 reapplication form, except that which is nec21 essary to determine eligibility under such sec22 tion. 

23 ‘‘(5) STATE REQUIREMENTS.— 

24 ‘‘(A) IN GENERAL.—Except as provided in 

25 paragraphs (2)(B)(iii), (3)(A), and (3)(B)(iii), 
239 

•S 1614 IS 

1 the Secretary shall include on the forms devel2 oped under this subsection, such State-specific 

3 data items as the Secretary determines are nec4 essary to meet State requirements for need5 based State aid. Such items shall be selected in 

6 consultation with State agencies in order to as7 sist in the awarding of State financial assist8 ance in accordance with the terms of this sub9 section, except as provided in paragraphs 

10 (2)(B)(iii), (3)(A), and (3)(B)(iii). The number 

11 of such data items shall not be less than the 

12 number included on the form for the 2005– 

13 2006 award year unless a State notifies the 

14 Secretary that the State no longer requires 

15 those data items for the distribution of State 

16 need-based aid. 

17 ‘‘(B) ANNUAL REVIEW.—The Secretary 

18 shall conduct an annual review process to deter19 mine which data items the States require to 

20 award need-based State aid. 

21 ‘‘(C) ENCOURAGE USE OF FORMS.—The 

22 Secretary shall encourage States to take such 

23 steps as are necessary to encourage the use of 

24 simplified application forms, including those de25 scribed in paragraphs (2)(B) and (3)(B), for 
240 

•S 1614 IS 

1 applicants who meet the requirements of sub2 section (b) or (c) of section 479. 

3 ‘‘(D) FEDERAL REGISTER NOTICE.—The 

4 Secretary shall publish, on an annual basis, a 

5 notice in the Federal Register requiring States 

6 to inform the Secretary— 

7 ‘‘(i) if the State plans to use the 

8 FAFSA to collect data to determine eligi9 bility for State need-based financial aid; 

10 ‘‘(ii) of the State-specific data that 

11 the State requires for delivery of State 

12 need-based financial aid; and 

13 ‘‘(iii) if the State agency is unable to 

14 permit applicants to utilize the simplified 

15 application forms described in paragraph 

16 (2)(B) or (3)(B). 

17 ‘‘(E) STATE NOTIFICATION TO THE SEC18 RETARY.— 

19 ‘‘(i) IN GENERAL.—Each State agency 

20 shall notify the Secretary— 

21 ‘‘(I) whether the State permits 

22 an applicant to file a form described 

23 in paragraph (2)(B) or (3)(B) for 

24 purposes of determining eligibility for 

25 State need-based financial aid; and 
241 

•S 1614 IS 

1 ‘‘(II) of the State-specific data 

2 that the State requires for delivery of 

3 State need-based financial aid. 

4 ‘‘(ii) ACCEPTANCE OF FORMS.—If a 

5 State does not permit an applicant to file 

6 a form described in paragraph (2)(B) or 

7 (3)(B) for purposes of determining eligi8 bility for State need-based financial aid, 

9 then the State shall notify the Secretary if 

10 it is not permitted to do so because of 

11 State law or agency policy. The notification 

12 shall include an acknowledgment that 

13 State-specific questions will not be included 

14 on a form described in paragraph (2)(B) 

15 or (3)(B). 

16 ‘‘(iii) LACK OF NOTIFICATION BY THE

17 STATE.—If a State does not notify the 

18 Secretary pursuant to clause (i), the Sec19 retary shall— 

20 ‘‘(I) permit residents of that 

21 State to complete simplified applica22 tion forms under paragraphs (2)(B) 

23 and (3)(B); and 

24 ‘‘(II) not require any resident of 

25 such State to complete any data pre-
242 

•S 1614 IS 

1 viously required by that State under 

2 this section. 

3 ‘‘(F) RESTRICTION.—The Secretary shall 

4 not require applicants to complete any financial 

5 or non-financial data that are not required by 

6 the applicant’s State, except as may be required 

7 for applicants who use the paper forms de8 scribed in subparagraphs (A) and (B) of para9 graph (2). 

10 ‘‘(6) CHARGES TO STUDENTS AND PARENTS

11 FOR USE OF FORMS PROHIBITED.—The common fi12 nancial reporting forms prescribed by the Secretary 

13 under this subsection shall be produced, distributed, 

14 and processed by the Secretary, and no parent or 

15 student shall be charged a fee by the Secretary, a 

16 contractor, a third-party servicer or private software 

17 provider, or any other public or private entity for the 

18 collection, processing, or delivery of financial aid 

19 through the use of such forms. The need and eligi20 bility of a student for financial assistance under 

21 parts A through E (other than under subpart 4 of 

22 part A) may be determined only by using a form de23 veloped by the Secretary pursuant to this subsection. 

24 No student may receive financial assistance under 

25 parts A through E (other than under subpart 4 of 
243 

•S 1614 IS 

1 part A), except by use of a form developed by the 

2 Secretary pursuant to this subsection. No data col3 lected on a paper or electronic form, worksheet, or 

4 other document for which a fee is charged shall be 

5 used to complete the form prescribed under this sub6 section. No person, commercial entity, or other enti7 ty shall request, obtain, or utilize an applicant’s per8 sonal identification number assigned under para9 graph (3)(F) for purposes of submitting an applica10 tion on an applicant’s behalf. 

11 ‘‘(7) APPLICATION PROCESSING CYCLE.—The 

12 Secretary shall— 

13 ‘‘(A) enable students to submit forms cre14 ated under this subsection in order to meet the 

15 filing requirements of this section and in order 

16 to receive financial assistance from programs 

17 under this title; and 

18 ‘‘(B) enable students to submit forms cre19 ated under this subsection and initiate the proc20 essing of such forms under this subsection, as 

21 early as practicable prior to January 1 of the 

22 student’s planned year of enrollment. 

23 ‘‘(8) EARLY ESTIMATES.—The Secretary shall 

24 permit an applicant to complete a form described in 

25 this subsection in the years prior to enrollment in 
244 

•S 1614 IS 

1 order to obtain from the Secretary a nonbinding es2 timate of the applicant’s expected family contribu3 tion, as defined in section 473. Such applicant shall 

4 be permitted to update information submitted on a 

5 form described in this subsection using the process 

6 required under paragraph (4). 

7 ‘‘(9) DISTRIBUTION OF DATA.—Institutions of 

8 higher education, guaranty agencies, and States 

9 shall receive, without charge, the data collected by 

10 the Secretary using the form developed pursuant to 

11 this subsection for the purposes of processing loan 

12 applications and determining need and eligibility for 

13 institutional and State financial aid awards. Entities 

14 designated by institutions of higher education, guar15 anty agencies, or States to receive such data shall be 

16 subject to all the requirements of this section, unless 

17 such requirements are waived by the Secretary. 

18 ‘‘(10) THIRD PARTY SERVICERS AND PRIVATE

19 SOFTWARE PROVIDERS.—To the extent practicable 

20 and in a timely manner, the Secretary shall provide, 

21 to private organizations and consortia that develop 

22 software used by institutions of higher education for 

23 the administration of funds under this title, all the 

24 necessary specifications that the organizations and 

25 consortia must meet for the software the organiza-
245 

•S 1614 IS 

1 tions and consortia develop, produce, and distribute 

2 (including any diskette, modem, or network commu3 nications) which are so used. The specifications shall 

4 contain record layouts for required data. The Sec5 retary shall develop in advance of each processing 

6 cycle an annual schedule for providing such speci7 fications. The Secretary, to the extent practicable, 

8 shall use means of providing such specifications, in9 cluding conferences and other meetings, outreach, 

10 and technical support mechanisms (such as training 

11 and printed reference materials). The Secretary 

12 shall, from time to time, solicit from such organiza13 tions and consortia means of improving the support 

14 provided by the Secretary. 

15 ‘‘(11) PARENT’S SOCIAL SECURITY NUMBER

16 AND BIRTH DATE.—The Secretary is authorized to 

17 include on the form developed under this subsection 

18 space for the social security number and birth date 

19 of parents of dependent students seeking financial 

20 assistance under this title.’’; 

21 (2) by redesignating subsections (c) through (e) 

22 as subsections (b) through (d), respectively; and 

23 (3) in subsection (c) (as redesignated by para24 graph (2)), by striking ‘‘that is authorized’’ and all 

25 that follows through the period at the end and in-
246 

•S 1614 IS 

1 serting ‘‘or other appropriate provider of technical 

2 assistance and information on postsecondary edu3 cational services that is authorized under section 

4 663(a) of the Individuals with Disabilities Education 

5 Act. Not later than 2 years after the date of enact6 ment of the Higher Education Amendments of 2005, 

7 the Secretary shall test and implement, to the extent 

8 practicable, a toll-free telephone based system to 

9 permit applicants who meet the requirements of 

10 479(c) to submit an application over such system.’’. 

11 SEC. 484. STUDENT ELIGIBILITY. 

12 Section 484 (20 U.S.C. 1091) is amended— 

13 (1) in subsection (d), by adding at the end the 

14 following: 

15 ‘‘(4) The student shall be determined by the in16 stitution of higher education as having the ability to 

17 benefit from the education or training offered by the 

18 institution of higher education, upon satisfactory 

19 completion of 6 credit hours or the equivalent 

20 coursework that are applicable toward a degree or 

21 certificate offered by the institution of higher edu22 cation.’’; 

23 (2) by striking subsection (l) and inserting the 

24 following: 
247 

•S 1614 IS 

1 ‘‘(l) COURSES OFFERED THROUGH DISTANCE EDU2 CATION.— 

3 ‘‘(1) RELATION TO CORRESPONDENCE

4 COURSES.— 

5 ‘‘(A) IN GENERAL.—A student enrolled in 

6 a course of instruction at an institution of high7 er education that is offered predominately 

8 through distance education and leads to a rec9 ognized certificate, or associate, baccalaureate, 

10 or graduate degree, conferred by such institu11 tion, shall not be considered to be enrolled in 

12 correspondence courses. 

13 ‘‘(B) EXCEPTION.—An institution of high14 er education referred to in subparagraph (A) 

15 shall not include an institution or school de16 scribed in section 3(3)(C) of the Carl D. Per17 kins Vocational and Technical Education Act of 

18 1998. 

19 ‘‘(2) RESTRICTION OR REDUCTIONS OF FINAN20 CIAL AID.—A student’s eligibility to receive grants, 

21 loans, or work assistance under this title shall be re22 duced if a financial aid officer determines under the 

23 discretionary authority provided in section 479A 

24 that telecommunications instruction results in a sub-
248 

•S 1614 IS 

1 stantially reduced cost of attendance to such stu2 dent. 

3 ‘‘(3) SPECIAL RULE.—For award years prior to 

4 the date of enactment of this subsection, the Sec5 retary shall not take any compliance, disallowance, 

6 penalty, or other action against a student or an eli7 gible institution when such action arises out of such 

8 institution’s prior award of student assistance under 

9 this title if the institution demonstrates to the satis10 faction of the Secretary that its course of instruction 

11 would have been in conformance with the require12 ments of this subsection. 

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

14 ‘distance education’ has the meaning given the term 

15 in section 102.’’; and 

16 (3) in subsection (r)— 

17 (A) in the matter preceding the table, by 

18 inserting ‘‘of a controlled substance, while such 

19 student is enrolled in an institution of higher 

20 education and receiving financial assistance 

21 under this title,’’ after ‘‘the possession’’; 

22 (B) in the column heading of the first 

23 table, by inserting ‘‘while the student is 

24 enrolled in an institution of higher 

25 education and receiving financial as-
249 

•S 1614 IS 

1 sistance under this title’’ after ‘‘posses2 sion of a controlled substance’’; and 

3 (C) by redesignating paragraph (3) as 

4 paragraph (4); and 

5 (D) by inserting after paragraph (2) the 

6 following: 

7 ‘‘(2) INTERACTION WITH FAFSA.—The Sec8 retary shall not require a student to provide infor9 mation regarding the student’s possession of a con10 trolled substance on the Free Application for Fed11 eral Student Aid described in section 483(a).’’. 

12 SEC. 485. STATUTE OF LIMITATIONS AND STATE COURT 

13 JUDGMENTS. 

14 Section 484A (20 U.S.C. 1091a) is amended— 

15 (1) in subsection (b)— 

16 (A) in paragraph (1), by striking ‘‘and’’ 

17 after the semicolon; 

18 (B) in paragraph (2), by striking the pe19 riod and inserting ‘‘; and’’; and 

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

21 ‘‘(3) in collecting any obligation arising from a 

22 loan made under part E of this title, an institution 

23 of higher education that has an agreement with the 

24 Secretary pursuant to section 463(a) shall not be 
250 

•S 1614 IS 

1 subject to a defense raised by any borrower based on 

2 a claim of infancy.’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(d) SPECIAL RULE.—This section shall not apply in 

5 the case of a student who is deceased or to a deceased 

6 student’s estate or the estate of such student’s family. If 

7 a student is deceased, then the student’s estate or the es8 tate of the student’s family shall not be required to repay 

9 any financial assistance under this title , including interest 

10 paid on the student’s behalf, collection costs, or other 

11 charges specified in this title.’’. 

12 SEC. 486. INSTITUTIONAL REFUNDS. 

13 Section 484B (20 U.S.C. 1091B) is amended— 

14 (1) in subsection (a)— 

15 (A) in the matter preceding clause (i) of 

16 paragraph (2)(A), by striking ‘‘a leave of’’ and 

17 inserting ‘‘1 or more leaves of’’; and 

18 (B) in paragraph (3)(C)(i), by striking 

19 ‘‘grant or loan assistance under this title’’ and 

20 inserting ‘‘grant assistance under subparts 1 

21 and 3 of part A, or loan assistance under parts 

22 B, D, and E,’’; 

23 (2) in subsection (b), by adding at the end the 

24 following: 
251 

•S 1614 IS 

1 ‘‘(4) TIME FRAME.—Not later than 45 days 

2 after the date of an institution’s determination that 

3 a student withdrew from the institution, the institu4 tion shall— 

5 ‘‘(A) return the amount required under 

6 paragraph (1); 

7 ‘‘(B) notify the student of the applicable 

8 requirements regarding the overpayment of 

9 grant and loan assistance and 

10 ‘‘(C) notify the student of the student’s eli11 gibility for post-withdrawal disbursements.’’; 

12 (3) in subsection (c)(2)— 

13 (A) by striking the period at the end and 

14 inserting ‘‘; or’’; 

15 (B) by striking ‘‘may determine the appro16 priate’’ and inserting ‘‘may determine— 

17 ‘‘(A) the appropriate’’; and 

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

19 ‘‘(B) that the requirements of this section 

20 do not apply to the student.’’; and 

21 (4) in subsection (d)(2), by striking ‘‘clock 

22 hours—’’ and all that follows through the period and 

23 inserting ‘‘clock hours scheduled to be completed by 

24 the student in that period as of the day the student 

25 withdrew.’’. 
252 

•S 1614 IS 

1 SEC. 487. INSTITUTIONAL AND FINANCIAL ASSISTANCE FOR 

2 STUDENTS. 

3 Section 485 (20 U.S.C. 1092) is amended— 

4 (1) in subsection (a)— 

5 (A) in paragraph (1)— 

6 (i) in subparagraph (N), by striking 

7 ‘‘and’’ after the semicolon; 

8 (ii) in subparagraph (O), by striking 

9 the period and inserting ‘‘; and’’; and 

10 (iii) by adding at the end the fol11 lowing: 

12 ‘‘(P) student body diversity at the institution, 

13 including information on the percentage of enrolled, 

14 full-time students who are— 

15 ‘‘(i) male; 

16 ‘‘(ii) female; 

17 ‘‘(iii) from a low-income background; and 

18 ‘‘(iv) a self-identified member of a major 

19 racial or ethnic group.’’; 

20 (B) by striking paragraph (4) and insert21 ing the following: 

22 ‘‘(4) For purposes of this section, institutions 

23 may— 

24 ‘‘(A) exclude from the information dis25 closed in accordance with subparagraph (L) of 

26 paragraph (1) the completion or graduation 
253 

•S 1614 IS 

1 rates of students who leave school to serve in 

2 the Armed Forces, on official church missions, 

3 or with a recognized foreign aid service of the 

4 Federal Government; or 

5 ‘‘(B) in cases where 20 percent or more of 

6 the students described in subparagraph (A) are 

7 excluded in a reporting year, include in such in8 formation on the completion or graduation rates 

9 of students described in subparagraph (A) by 

10 excluding from the calculation described in 

11 paragraph (3) the time period such students 

12 were not enrolled due to their service in the 

13 Armed Forces, on official church missions, or 

14 with a recognized foreign aid service of the Fed15 eral Government.’’; and 

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

17 ‘‘(7) The information disclosed under subparagraph 

18 (L) of paragraph (1), or reported under subsection (e), 

19 shall include information disaggregated by gender, by each 

20 major racial and ethnic subgroup, and by low-income 

21 background status as measured by Federal Pell Grant eli22 gibility, if the number of students in such subgroup or 

23 with such status is sufficient to yield statistically reliable 

24 information and reporting would not reveal personally 

25 identifiable information about an individual student. If 
254 

•S 1614 IS 

1 such number is not sufficient for such purposes, then the 

2 institution shall note that the institution enrolled too few 

3 of such students to so disclose or report with confidence 

4 and confidentiality.’’; 

5 (2) in subsection (b), by adding at the end the 

6 following: 

7 ‘‘(3) Each eligible institution shall, during the 

8 exit interview required by this subsection, provide to 

9 a borrower of a loan made under part B, D, or E 

10 a clear and conspicuous notice describing the general 

11 effects of using a consolidation loan to discharge the 

12 borrower’s student loans, including— 

13 ‘‘(A) the effects of consolidation on total 

14 interest to be paid, fees to be paid, and length 

15 of repayment; 

16 ‘‘(B) the effects of consolidation on a bor17 rower’s underlying loan benefits, including loan 

18 forgiveness, cancellation, and deferment; 

19 ‘‘(C) the ability for the borrower to prepay 

20 the loan, pay on a shorter schedule, and to 

21 change repayment plans, and that borrower 

22 benefit programs may vary among different 

23 loan holders; 

24 ‘‘(D) the tax benefits for which the bor25 rower may be eligible; and 
255 

•S 1614 IS 

1 ‘‘(E) the consequences of default.’’; 

2 (3) in subsection (d)(2)— 

3 (A) by inserting ‘‘grant assistance, as well 

4 as State’’ after ‘‘describing State’’; and 

5 (B) by inserting ‘‘and other means, includ6 ing through the Internet’’ before the period at 

7 the end; 

8 (4) in subsection (e), by striking paragraph (3) 

9 and inserting the following: 

10 ‘‘(3) For purposes of this subsection, institu11 tions may— 

12 ‘‘(A) exclude from the reporting require13 ments under paragraphs (1) and (2) the com14 pletion or graduation rates of students and stu15 dent athletes who leave school to serve in the 

16 Armed Forces, on official church missions, or 

17 with a recognized foreign aid service of the Fed18 eral Government; or 

19 ‘‘(B) in cases where 20 percent or more of 

20 the students described in subparagraph (A) are 

21 excluded in a reporting year, include in such in22 formation on the completion or graduation rates 

23 of students described in subparagraph (A) by 

24 excluding from the calculation described in sub25 section (a)(3) the time period such students 
256 

•S 1614 IS 

1 were not enrolled due to their service in the 

2 Armed Forces, on official church missions, or 

3 with a recognized foreign aid service of the Fed4 eral Government.’’; 

5 (5) in the matter preceding subparagraph (A) 

6 of subsection (f)(1), by inserting ‘‘, other than a for7 eign institution of higher education,’’ after ‘‘under 

8 this title’’; and 

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

10 ‘‘(h) TRANSFER OF CREDIT POLICIES.— 

11 ‘‘(1) DISCLOSURE.—Each institution of higher 

12 education participating in any program under this 

13 title shall publicly disclose in a readable and com14 prehensible manner the institution’s transfer of cred15 it policies which shall include a statement of the in16 stitution’s current transfer of credit policies that in17 cludes, at a minimum— 

18 ‘‘(A) a statement that transfer of credit 

19 shall not be denied solely on the basis of the 

20 agency or association that accredited such other 

21 institution of higher education, if that agency 

22 or association is recognized by the Secretary 

23 pursuant to section 496 to be a reliable author24 ity as to the quality of the education or training 

25 offered; and 
257 

•S 1614 IS 

1 ‘‘(B) a list of institutions of higher edu2 cation with which the institution has established 

3 an articulation agreement. 

4 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

5 this subsection shall be construed to— 

6 ‘‘(A) authorize an officer or employee of 

7 the Department to exercise any direction, su8 pervision, or control over the curriculum, pro9 gram of instruction, administration, or per10 sonnel of any institution of higher education, or 

11 over any accrediting agency or association; 

12 ‘‘(B) limit the application of the General 

13 Education Provisions Act; or 

14 ‘‘(C) create any legally enforceable right on 

15 the part of a student to require an institution 

16 of higher education to accept a transfer of cred17 it from another institution.’’. 

18 SEC. 488. NATIONAL STUDENT LOAN DATA SYSTEM. 

19 Section 485B(a) (20 U.S.C. 1092b(a)) is amended— 

20 (1) by redesignating paragraphs (6) through 

21 (10) as paragraphs (7) through (11), respectively; 

22 (2) in paragraph (5) (as added by Public Law 

23 101–610), by striking ‘‘effectiveness.’’ and inserting 

24 ‘‘effectiveness;’’; and 
258 

•S 1614 IS 

1 (3) by redesignating paragraph (5) (as added 

2 by Public Law 101–234) as paragraph (6). 

3 SEC. 489. EARLY AWARENESS OF FINANCIAL AID ELIGI4 BILITY AND DEMONSTRATION PROGRAM TO 

5 PROVIDE EARLY ESTIMATES AND EARLY 

6 AWARDS OF FINANCIAL AID. 

7 Part G of title IV (20 U.S.C. 1088 et seq.) is amend8 ed by inserting after section 485C (20 U.S.C. 1092c) the 

9 following: 

10 ‘‘SEC. 485D. EARLY AWARENESS OF FINANCIAL AID ELIGI11 BILITY AND DEMONSTRATION PROGRAM TO 

12 PROVIDE EARLY ESTIMATES AND EARLY 

13 AWARDS OF FINANCIAL AID. 

14 ‘‘(a) IN GENERAL.—The Secretary shall implement, 

15 in cooperation with States, institutions of higher edu16 cation, secondary schools, middle schools, early interven17 tion and outreach programs under this title, other agen18 cies and organizations involved in student financial assist19 ance and college access, public libraries, community cen20 ters, employers, and businesses, a comprehensive system 

21 of early financial aid information in order to provide stu22 dents and families with early information about financial 

23 aid and early estimates of such students’ eligibility for fi24 nancial aid from multiple sources. Such system shall in25 clude the activities described in subsections (b) and (c). 
259 

•S 1614 IS 

1 ‘‘(b) COMMUNICATION OF AVAILABILITY OF AID AND

2 AID ELIGIBILITY.— 

3 ‘‘(1) STUDENTS WHO RECEIVE BENEFITS.—The 

4 Secretary shall— 

5 ‘‘(A) make special efforts to notify stu6 dents who receive or are eligible to receive bene7 fits under Federal means-tested benefit pro8 grams (including the school lunch program es9 tablished under the Richard B. Russell National 

10 School Lunch Act (42 U.S.C. 1751 et seq.), the 

11 food stamp program under the Food Stamp Act 

12 of 1977 (7 U.S.C. 2011 et seq.), and other such 

13 programs as determined by the Secretary) of 

14 such students’ potential eligibility for a max15 imum Federal Pell Grant under subpart 1 of 

16 part A; and 

17 ‘‘(B) disseminate such informational mate18 rials as the Secretary determines necessary. 

19 ‘‘(2) MIDDLE SCHOOL STUDENTS.—The Sec20 retary, in cooperation with States, institutions of 

21 higher education, other organizations involved in col22 lege access and student financial aid, middle schools, 

23 and programs under this title that serve middle 

24 school students, shall make special efforts to notify 

25 students and their parents of the availability of fi-
260 

•S 1614 IS 

1 nancial aid under this title and, in accordance with 

2 subsection (c), shall provide nonbinding estimates of 

3 grant, work-study, and loan aid that an individual 

4 may be eligible for under this title upon completion 

5 of an application form under section 483(a). The 

6 Secretary shall ensure that such information is as 

7 accurate as possible and that such information is 

8 provided in an age-appropriate format using dissemi9 nation mechanisms suitable for students in middle 

10 school. 

11 ‘‘(3) SECONDARY SCHOOL STUDENTS.—The 

12 Secretary, in cooperation with States, institutions of 

13 higher education, other organizations involved in col14 lege access and student financial aid, secondary 

15 schools, and programs under this title that serve sec16 ondary school students, shall make special efforts to 

17 notify students in secondary school and their par18 ents, as early as possible but not later than such 

19 students’ junior year of secondary school, of the 

20 availability of financial aid under this title and, in 

21 accordance with subsection (c), shall provide non22 binding estimates of the amounts of grant, work23 study, and loan aid that an individual may be eligi24 ble for under this title upon completion of an appli25 cation form under section 483(a). The Secretary 
261 

•S 1614 IS 

1 shall ensure that such information is as accurate as 

2 possible and that such information is provided in an 

3 age-appropriate format using dissemination mecha4 nisms suitable for students in secondary school. 

5 ‘‘(4) ADULT LEARNERS.—The Secretary, in co6 operation with States, institutions of higher edu7 cation, other organizations involved in college access 

8 and student financial aid, employers, workforce in9 vestment boards and public libraries, shall make spe10 cial efforts to provide individuals who would qualify 

11 as independent students, as defined in section 

12 480(d), with information regarding the availability 

13 of financial aid under this title and, in accordance 

14 with subsection (c), with nonbinding estimates of the 

15 amounts of grant, work-study, and loan aid that an 

16 individual may be eligible for under this title upon 

17 completion of an application form under section 

18 483(a). The Secretary shall ensure that such infor19 mation— 

20 ‘‘(A) is as accurate as possible; 

21 ‘‘(B) includes specific information regard22 ing the availability of financial aid for students 

23 qualified as independent students, as defined in 

24 section 480(d); and 
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1 ‘‘(C) uses dissemination mechanisms suit2 able for adult learners. 

3 ‘‘(5) PUBLIC AWARENESS CAMPAIGN.—Not 

4 later than 2 years after the date of enactment of the 

5 Higher Education Amendments of 2005, the Sec6 retary, in coordination with States, institutions of 

7 higher education, early intervention and outreach 

8 programs under this title, other agencies and organi9 zations involved in student financial aid, local edu10 cational agencies, public libraries, community cen11 ters, businesses, employers, employment services, 

12 workforce investment boards, and movie theaters, 

13 shall implement a public awareness campaign in 

14 order to increase national awareness regarding the 

15 availability of financial aid under this title. The pub16 lic awareness campaign shall disseminate accurate 

17 information regarding the availability of financial 

18 aid under this title and shall be implemented, to the 

19 extent practicable, using a variety of media, includ20 ing print, television, radio and the Internet. The 

21 Secretary shall design and implement the public 

22 awareness campaign based upon relevant inde23 pendent research and the information and dissemi24 nation strategies found most effective in imple25 menting paragraphs (1) through (4). 
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1 ‘‘(c) AVAILABILITY OF NONBINDING ESTIMATES OF

2 FEDERAL FINANCIAL AID ELIGIBILITY.— 

3 ‘‘(1) IN GENERAL.—The Secretary, in coopera4 tion with States, institutions of higher education, 

5 and other agencies and organizations involved in stu6 dent financial aid, shall provide, via a printed form 

7 and the Internet or other electronic means, the capa8 bility for individuals to determine easily, by entering 

9 relevant data, nonbinding estimates of amounts of 

10 grant and loan aid an individual may be eligible for 

11 under this title upon completion and processing of 

12 an application and enrollment in an institution of 

13 higher education. 

14 ‘‘(2) DATA ELEMENTS.—The Secretary, in co15 operation with States, institutions of higher edu16 cation, and other agencies and organizations in17 volved in student financial aid, shall determine the 

18 data elements that are necessary to create a sim19 plified form that individuals can use to obtain easily 

20 nonbinding estimates of the amounts of grant and 

21 loan aid an individual may be eligible for under this 

22 title. 

23 ‘‘(3) QUALIFICATION TO USE SIMPLIFIED AP24 PLICATION.—The capability provided under this 

25 paragraph shall include the capability to determine 
264 

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1 whether the individual is eligible to submit a sim2 plified application form under paragraph (2)(B) or 

3 (3)(B) of section 483(a).’’. 

4 SEC. 490. COLLEGE ACCESS INITIATIVE. 

5 Part G of title IV (20 U.S.C. 1088 et seq.) is further 

6 amended by inserting after section 485D (as added by sec7 tion 489) the following: 

8 ‘‘SEC. 485E. COLLEGE ACCESS INITIATIVE. 

9 ‘‘(a) STATE-BY-STATE INFORMATION.—The Sec10 retary shall direct each guaranty agency with which the 

11 Secretary has an agreement under section 428(c) to pro12 vide to the Secretary the information necessary for the de13 velopment of Internet Web links and access for students 

14 and families to a comprehensive listing of the postsec15 ondary education opportunities programs, publications, 

16 Internet Web sites, and other services available in the 

17 States for which such agency serves as the designated 

18 guarantor. 

19 ‘‘(b) GUARANTY AGENCY ACTIVITIES.— 

20 ‘‘(1) PLAN AND ACTIVITY REQUIRED.—Each 

21 guaranty agency with which the Secretary has an 

22 agreement under section 428(c) shall develop a plan, 

23 and undertake the activity, necessary to gather the 

24 information required under subsection (a) and to 

25 make such information available to the public and to 
265 

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1 the Secretary in a form and manner prescribed by 

2 the Secretary. 

3 ‘‘(2) ACTIVITIES.—Each guaranty agency shall 

4 undertake such activities as are necessary to pro5 mote access to postsecondary education for students 

6 through providing information on college planning, 

7 career preparation, and paying for college that is 

8 limited or related to subsection (a). The guaranty 

9 agency shall publicize such information and coordi10 nate such activities with other entities that provide 

11 or distribute such information in the States for 

12 which such guaranty agency serves as the designated 

13 guarantor. 

14 ‘‘(3) FUNDING.—The activities required by this 

15 section may be funded from the guaranty agency’s 

16 Operating Fund established pursuant to section 

17 422B and to the extent funds remain, from earnings 

18 on the restricted account established pursuant to 

19 section 422(h)(4). 

20 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in 

21 this subsection shall require a guaranty agency to 

22 duplicate any efforts currently underway that meet 

23 the requirements of this subsection. 

24 ‘‘(c) ACCESS TO INFORMATION.— 
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1 ‘‘(1) SECRETARY’S RESPONSIBILITY.—The Sec2 retary shall ensure the availability of the information 

3 provided, by the guaranty agencies in accordance 

4 with this section, to students, parents, and other in5 terested individuals, through Web links or other 

6 methods prescribed by the Secretary. 

7 ‘‘(2) GUARANTY AGENCY RESPONSIBILITY.— 

8 The guaranty agencies shall ensure that the infor9 mation required by this section is available without 

10 charge in printed format for students and parents 

11 requesting such information. 

12 ‘‘(3) PUBLICITY.—Not later than 270 days 

13 after the date of enactment of the Higher Education 

14 Amendments Act of 2005, the Secretary and guar15 anty agencies shall publicize the availability of the 

16 information required by this section, with special 

17 emphasis on ensuring that populations that are tra18 ditionally underrepresented in postsecondary edu19 cation are made aware of the availability of such in20 formation.’’. 

21 SEC. 491. PROGRAM PARTICIPATION AGREEMENTS. 

22 Section 487 (20 U.S.C. 1094) is amended— 

23 (1) in subsection (a)— 

24 (A) in paragraph (23), by adding at the 

25 end the following: 
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1 ‘‘(D) An institution shall be considered in 

2 compliance with the requirements of subpara3 graph (A) for any student to whom the institu4 tion electronically transmits a message con5 taining a voter registration form acceptable for 

6 use in the State in which the institution is lo7 cated, or an Internet address where such a 

8 form can be downloaded, if such information is 

9 in an electronic message devoted solely to voter 

10 registration.’’; and 

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

12 ‘‘(24) The institution will, as calculated in ac13 cordance with subsection (f)(1), have not less than 

14 10 percent of its revenues from sources other than 

15 funds provided under this title, or will be subject to 

16 the sanctions described in subsection (f)(2).’’; 

17 (2) by redesignating subsections (d) and (e) as 

18 subsection (e) and (f), respectively; 

19 (3) by inserting after subsection (c) the fol20 lowing: 

21 ‘‘(d) INSTITUTIONAL REQUIREMENTS FOR TEACH22 OUTS.— 

23 ‘‘(1) IN GENERAL.—In the event the Secretary 

24 initiates the limitation, suspension, or termination of 

25 the participation of an institution of higher edu-
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1 cation in any program under this title under the au2 thority of subsection (c)(1)(F) or initiates an emer3 gency action for termination under the authority of 

4 subsection (c)(1)(G) and its prescribed regulations, 

5 the Secretary shall require that institution to pre6 pare a teach-out plan for submission to the institu7 tion’s accrediting agency or association in compli8 ance with section 496(c)(4), the Secretary’s regula9 tions on teach-out plans, and the standards of the 

10 institution’s accrediting agency or association. 

11 ‘‘(2) TEACH-OUT PLAN DEFINED.—In this sub12 section, the term ‘teach-out plan’ means a written 

13 plan that provides for the equitable treatment of stu14 dents if an institution of higher education ceases to 

15 operate before all students have completed their en16 rollment at the institution, and may include, if re17 quired by the institution’s accrediting agency or as18 sociation, an agreement between institutions for 

19 such a teach-out plan.’’; and 

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

21 ‘‘(g) IMPLEMENTATION OF NONTITLE IV REVENUE

22 REQUIREMENT.— 

23 ‘‘(1) CALCULATION.—In carrying out sub24 section (a)(24), an institution shall use the cash 

25 basis of accounting and count the following funds as 
269 

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1 from sources of funds other than funds provided 

2 under this title: 

3 ‘‘(A) Funds used by students from sources 

4 other than funds received under this title to pay 

5 tuition, fees, and other institutional charges to 

6 the institution, provided the institution can rea7 sonably demonstrate that such funds were used 

8 for such purposes. 

9 ‘‘(B) Funds used by the institution to sat10 isfy matching-fund requirements for programs 

11 under this title. 

12 ‘‘(C) Funds used by a student from sav13 ings plans for educational expenses established 

14 by or on behalf of the student and which qualify 

15 for special tax treatment under the Internal 

16 Revenue Code of 1986. 

17 ‘‘(D) Funds paid by a student, or on be18 half of a student by a party other than the in19 stitution, to the institution for an education or 

20 training program that is not eligible for funds 

21 under this title, provided that the program is 

22 approved or licensed by the appropriate State 

23 agency or an accrediting agency recognized by 

24 the Secretary. 
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1 ‘‘(E) Funds generated by the institution 

2 from institutional activities that are necessary 

3 for the education and training of the institu4 tion’s students, if such activities are— 

5 ‘‘(i) conducted on campus or at a fa6 cility under the control of the institution; 

7 ‘‘(ii) performed under the supervision 

8 of a member of the institution’s faculty; 

9 and 

10 ‘‘(iii) required to be performed by all 

11 students in a specific educational program 

12 at the institution. 

13 ‘‘(F) Institutional aid, as follows: 

14 ‘‘(i) In the case of loans made by the 

15 institution, only the amount of loan repay16 ments received by the institution during 

17 the fiscal year for which the determination 

18 is made. 

19 ‘‘(ii) In the case of scholarships pro20 vided by the institution, only those scholar21 ship funds provided by the institution that 

22 are— 

23 ‘‘(I) in the form of monetary aid 

24 or tuition discounts based upon the 
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•S 1614 IS 

1 academic achievements or financial 

2 need of students; and 

3 ‘‘(II) disbursed during the fiscal 

4 year for which the determination is 

5 made from an established restricted 

6 account and only to the extent that 

7 the funds in that account represent 

8 designated funds from an outside 

9 source or income earned on those 

10 funds. 

11 ‘‘(iii) In the case of tuition discounts, 

12 only those tuition discounts based upon the 

13 academic achievement or financial need of 

14 students. 

15 ‘‘(2) SANCTIONS.— 

16 ‘‘(A) FAILURE TO MEET REQUIREMENT

17 FOR 1 YEAR.—In addition to such other means 

18 of enforcing the requirements of this title as 

19 may be available to the Secretary, if an institu20 tion fails to meet the requirements of sub21 section (a)(24) in any year, the Secretary may 

22 impose 1 or both of the following sanctions on 

23 the institution: 

24 ‘‘(i) Place the institution on provi25 sional certification in accordance with sec-
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1 tion 498(h) until the institution dem2 onstrates, to the satisfaction of the Sec3 retary, that it is in compliance with sub4 section (a)(24). 

5 ‘‘(ii) Require such other increased 

6 monitoring and reporting requirements as 

7 the Secretary determines necessary until 

8 the institution demonstrates, to the satis9 faction of the Secretary, that it is in com10 pliance with subsection (a)(24). 

11 ‘‘(B) FAILURE TO MEET REQUIREMENT

12 FOR 3 YEARS.—An institution that fails to meet 

13 the requirements of subsection (a)(24) for 2 

14 consecutive years shall be ineligible to partici15 pate in the programs authorized under this 

16 title. 

17 ‘‘(3) PUBLIC AVAILABILITY OF INFORMATION.— 

18 The Secretary shall make publicly available, through 

19 the means described in subsection (b) of section 131, 

20 any institution that fails to meet the requirements of 

21 subsection (a)(24) in any year as an institution that 

22 is failing to meet the minimum non-Federal source 

23 of revenue requirements of such subsection 

24 (a)(24).’’. 
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1 SEC. 492. REGULATORY RELIEF AND IMPROVEMENT. 

2 Section 487A(b) (20 U.S.C. 1094a(b)) is amended— 

3 (1) in paragraph (1)– 

4 (A) by striking ‘‘1998’’ and inserting 

5 ‘‘2005’’ ; and 

6 (B) by striking ‘‘1999’’ and inserting 

7 ‘‘2006’’; and 

8 (2) by striking the matter preceding paragraph 

9 (2)(A) and inserting the following: 

10 ‘‘(2) REPORT.—The Secretary shall review and 

11 evaluate the experience of institutions participating 

12 as experimental sites and shall, on a biennial basis, 

13 submit a report based on the review and evaluation 

14 to the authorizing committees. Such report shall in15 clude—’’; and 

16 (3) in paragraph (3)— 

17 (A) in subparagraph (A)— 

18 (i) by striking ‘‘Upon the submission 

19 of the report required by paragraph (2), 

20 the’’ and inserting ‘‘The’’; and 

21 (ii) by inserting ‘‘periodically’’ after 

22 ‘‘authorized to’’; 

23 (B) by striking subparagraph (B); 

24 (C) by redesignating subparagraph (C) as 

25 subparagraph (B); and 
274 

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1 (D) in subparagraph (B) (as redesignated 

2 by subparagraph (C))— 

3 (i) by inserting ‘‘, including require4 ments related to the award process and 

5 disbursement of student financial aid (such 

6 as innovative delivery systems for modular 

7 or compressed courses, or other innovative 

8 systems), verification of student financial 

9 aid application data, entrance and exit 

10 interviews, or other management proce11 dures or processes as determined in the ne12 gotiated rulemaking process under section 

13 492,’’ after ‘‘requirements in this title’’; 

14 and 

15 (ii) by inserting ‘‘(other than an 

16 award rule related to an experiment in 

17 modular or compressed schedules)’’ after 

18 ‘‘award rules’’; and 

19 (iii) by inserting ‘‘unless the waiver of 

20 such provisions is authorized by another 

21 provision under this title’’ before the pe22 riod at the end. 

23 SEC. 493. TRANSFER OF ALLOTMENTS. 

24 Section 488 (20 U.S.C. 1095) is amended in the first 

25 sentence— 
275 

•S 1614 IS 

1 (1) in paragraph (1), by striking ‘‘and’’ after 

2 the semicolon; 

3 (2) in paragraph (2), by striking ‘‘413D.’’ and 

4 inserting ‘‘413D; and’’; and 

5 (3) by adding at the end ‘‘(3) transfer 25 per6 cent of the institution’s allotment under section 

7 413D to the institution’s allotment under section 

8 442.’’. 

9 SEC. 494. WAGE GARNISHMENT REQUIREMENT. 

10 Section 488A(a)(1) (20 U.S.C. 1095a(a)(1)) is 

11 amended by striking ‘‘10 percent’’ and inserting ‘‘15 per12 cent’’. 

13 SEC. 495. PURPOSE OF ADMINISTRATIVE PAYMENTS. 

14 Section 489(b) (20 U.S.C. 1096(b)) is amended by 

15 striking ‘‘offsetting the administrative costs of’’ and in16 serting ‘‘administering’’. 

17 SEC. 496. ADVISORY COMMITTEE ON STUDENT FINANCIAL 

18 ASSISTANCE. 

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

20 (1) in subsection (a)(2)— 

21 (A) in subparagraph (B), by striking 

22 ‘‘and’’ after the semicolon; 

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

24 period and inserting a semicolon; and 

25 (C) by adding at the end the following: 
276 

•S 1614 IS 

1 ‘‘(D) to provide knowledge and under2 standing of early intervention programs, and to 

3 make recommendations that will result in early 

4 awareness by low- and moderate-income stu5 dents and families— 

6 ‘‘(i) of their eligibility for assistance 

7 under this title; and 

8 ‘‘(ii) to the extent practicable, of their 

9 eligibility for other forms of State and in10 stitutional need-based student assistance; 

11 and 

12 ‘‘(E) to make recommendations that will 

13 expand and improve partnerships among the 

14 Federal Government, States, institutions of 

15 higher education, and private entities to in16 crease the awareness and the total amount of 

17 need-based student assistance available to low18 and moderate-income students.’’; 

19 (2) in subsection (d)(6), by striking ‘‘, but 

20 nothing’’ and all that follows through ‘‘or analyses’’; 

21 (3) in subsection (j)— 

22 (A) in paragraph (1)— 

23 (i) by inserting ‘‘and simplification’’ 

24 after ‘‘modernization’’ each place the term 

25 appears; and 
277 

•S 1614 IS 

1 (ii) by striking ‘‘including’’ and all 

2 that follows through ‘‘Department,’’; and 

3 (B) by striking paragraphs (4) and (5) and 

4 inserting the following: 

5 ‘‘(4) conduct a review and analysis of regula6 tions in accordance with subsection (l); and 

7 ‘‘(5) conduct a study in accordance with sub8 section (m).’’; 

9 (4) in subsection (k), by striking ‘‘2004’’ and 

10 inserting ‘‘2010’’; and 

11 (5) by adding at the end the following: 

12 ‘‘(l) REVIEW AND ANALYSIS OF REGULATIONS.— 

13 ‘‘(1) RECOMMENDATIONS.—The Advisory Com14 mittee shall make recommendations to the Secretary 

15 for consideration of future legislative action regard16 ing redundant or outdated regulations under this 

17 title, consistent with the Secretary’s requirements 

18 under section 498B. 

19 ‘‘(2) REVIEW AND ANALYSIS OF REGULA20 TIONS.—The Advisory Committee shall conduct a re21 view and analysis of the regulations issued under 

22 this title that are in effect at the time of the review 

23 and that apply to the operations or activities of par24 ticipants in the programs assisted under this title. 

25 The review and analysis may include a determina-
278 

•S 1614 IS 

1 tion of whether the regulation is duplicative, is no 

2 longer necessary, is inconsistent with other Federal 

3 requirements, or is overly burdensome. In con4 ducting the review, the Advisory Committee shall 

5 pay specific attention to evaluating ways in which 

6 regulations under this title affecting institutions of 

7 higher education (other than institutions described 

8 in section 102(a)(1)(C)), that have received in each 

9 of the 2 most recent award years prior to the date 

10 of enactment of the Higher Education Amendments 

11 of 2005 less than $200,000 in funds through this 

12 title, may be improved, streamlined, or eliminated. 

13 ‘‘(3) CONSULTATION.— 

14 ‘‘(A) IN GENERAL.—In carrying out the 

15 review and analysis under paragraph (2), the 

16 Advisory Committee shall consult with the Sec17 retary, relevant representatives of institutions 

18 of higher education, and individuals who have 

19 expertise and experience with the regulations 

20 issued under this title, in accordance with sub21 paragraph (B). 

22 ‘‘(B) REVIEW PANELS.—The Advisory 

23 Committee shall convene not less than 2 review 

24 panels of representatives of the groups involved 

25 in student financial assistance programs under 
279 

•S 1614 IS 

1 this title who have experience and expertise in 

2 the regulations issued under this title to review 

3 the regulations under this title, and to provide 

4 recommendations to the Advisory Committee 

5 with respect to the review and analysis under 

6 paragraph (2). The panels shall be made up of 

7 experts in areas such as the operations of the 

8 financial assistance programs, the institutional 

9 eligibility requirements for the financial assist10 ance programs, regulations not directly related 

11 to the operations or the institutional eligibility 

12 requirements of the financial assistance pro13 grams, and regulations for dissemination of in14 formation to students about the financial assist15 ance programs. 

16 ‘‘(4) REPORTS TO CONGRESS.—The Advisory 

17 Committee shall submit, not later than 2 years after 

18 the completion of the negotiated rulemaking process 

19 required under section 492 resulting from the 

20 amendments to this Act made by the Higher Edu21 cation Amendments of 2005, a report to the author22 izing committees and the Secretary detailing the ex23 pert panels’ findings and recommendations with re24 spect to the review and analysis under paragraph 

25 (2). 
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•S 1614 IS 

1 ‘‘(5) ADDITIONAL SUPPORT.—The Secretary 

2 and the Inspector General of the Department shall 

3 provide such assistance and resources to the Advi4 sory Committee as the Secretary and Inspector Gen5 eral determine are necessary to conduct the review 

6 required by this subsection. 

7 ‘‘(m) STUDY OF INNOVATIVE PATHWAYS TO BACCA8 LAUREATE DEGREE ATTAINMENT.— 

9 ‘‘(1) STUDY REQUIRED.—The Advisory Com10 mittee shall conduct a study of the feasibility of in11 creasing baccalaureate degree attainment rates by 

12 reducing the costs and financial barriers to attaining 

13 a baccalaureate degree through innovative programs. 

14 ‘‘(2) SCOPE OF STUDY.—The Advisory Com15 mittee shall examine new and existing programs that 

16 promote baccalaureate degree attainment through 

17 innovative ways, such as dual or concurrent enroll18 ment programs, changes made to the Federal Pell 

19 Grant program, simplification of the needs analysis 

20 process, compressed or modular scheduling, articula21 tion agreements, and programs that allow 2-year in22 stitutions of higher education to offer baccalaureate 

23 degrees. 

24 ‘‘(3) REQUIRED ASPECTS OF THE STUDY.—In 

25 performing the study described in this subsection, 
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•S 1614 IS 

1 the Advisory Committee shall examine the following 

2 aspects of such innovative programs: 

3 ‘‘(A) The impact of such programs on bac4 calaureate attainment rates. 

5 ‘‘(B) The degree to which a student’s total 

6 cost of attaining a baccalaureate degree can be 

7 reduced by such programs. 

8 ‘‘(C) The ways in which low- and mod9 erate-income students can be specifically tar10 geted by such programs. 

11 ‘‘(D) The ways in which nontraditional 

12 students can be specifically targeted by such 

13 programs. 

14 ‘‘(E) The cost-effectiveness for the Federal 

15 Government, States, and institutions of higher 

16 education to implement such programs. 

17 ‘‘(4) CONSULTATION.— 

18 ‘‘(A) IN GENERAL.—In performing the 

19 study described in this subsection the Advisory 

20 Committee shall consult with a broad range of 

21 interested parties in higher education, including 

22 parents, students, appropriate representatives 

23 of secondary schools and institutions of higher 

24 education, appropriate State administrators, ad-
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•S 1614 IS 

1 ministrators of dual enrollment programs, and 

2 appropriate officials from the Department. 

3 ‘‘(B) CONGRESSIONAL CONSULTATION.— 

4 The Advisory Committee shall consult on a reg5 ular basis with the authorizing committees in 

6 carrying out the study required by this section. 

7 ‘‘(5) REPORTS TO CONGRESS.— 

8 ‘‘(A) INTERIM REPORT.—The Advisory 

9 Committee shall prepare and submit to the au10 thorizing committees and the Secretary 1 in11 terim report, not later than 1 year after the 

12 date of enactment of the Higher Education 

13 Amendments of 2005, describing the progress 

14 that has been made in conducting the study re15 quired by this subsection and any preliminary 

16 findings on the topics identified under para17 graph (2). 

18 ‘‘(B) FINAL REPORT.—The Advisory Com19 mittee shall, not later than 3 years after the 

20 date of enactment of the Higher Education 

21 Amendments of 2005, prepare and submit to 

22 the authorizing committees and the Secretary a 

23 final report on the study, including rec24 ommendations for legislative, regulatory, and 

25 administrative changes based on findings re-
283 

•S 1614 IS 

1 lated to the topics identified under paragraph 

2 (2).’’. 

3 SEC. 497. REGIONAL MEETINGS. 

4 Section 492(a)(1) (20 U.S.C. 1098a(a)(1)) is amend5 ed by inserting ‘‘State student grant agencies,’’ after ‘‘in6 stitutions of higher education,’’. 

7 SEC. 498. YEAR 2000 REQUIREMENTS AT THE DEPARTMENT. 

8 (a) REPEAL.—Section 493A (20 U.S.C. 1098c) is re9 pealed. 

10 (b) REDESIGNATION.—Section 493B (20 U.S.C. 

11 1098d) is redesignated as section 493A. 

12 PART H—PROGRAM INTEGRITY 

13 SEC. 499. RECOGNITION OF ACCREDITING AGENCY OR AS14 SOCIATION. 

15 Section 496 (200 U.S.C. 1099b) is amended— 

16 (1) in subsection (a)— 

17 (A) by striking paragraph (4) and insert18 ing the following: 

19 ‘‘(4)(A) such agency or association consistently 

20 applies and enforces standards that respect the stat21 ed mission of the institution of higher education, in22 cluding religious missions, and that ensure that the 

23 courses or programs of instruction, training, or 

24 study offered by the institution of higher education, 

25 including distance education courses or programs, 
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•S 1614 IS 

1 are of sufficient quality to achieve, for the duration 

2 of the accreditation period, the stated objective for 

3 which the courses or the programs are offered; and 

4 ‘‘(B) if such agency or association has or seeks 

5 to include within its scope of recognition the evalua6 tion of the quality of institutions or programs offer7 ing distance education, such agency or association 

8 shall, in addition to meeting the other requirements 

9 of this subpart, demonstrate to the Secretary that— 

10 ‘‘(i) the agency or association’s standards 

11 effectively address the quality of an institution’s 

12 distance education in the areas identified in sec13 tion 496(a)(5), except that the agency or asso14 ciation shall not be required to have separate 

15 standards, procedures or policies for the evalua16 tion of distance education institutions or pro17 grams in order to meet the requirements of this 

18 subparagraph; and 

19 ‘‘(ii) the agency or association requires an 

20 institution that offers distance education to 

21 have processes through which the institution es22 tablishes that the student who registers in a 

23 distance education course or program is the 

24 same student who participates, completes and 

25 receives the academic credit;’’; 
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•S 1614 IS 

1 (B) in paragraph (5), by striking subpara2 graph (A) and inserting the following: 

3 ‘‘(A) success with respect to student 

4 achievement in relation to the institution’s mis5 sion, including— 

6 ‘‘(i) consideration of student academic 

7 achievement as determined by the institu8 tion; 

9 ‘‘(ii) student retention; 

10 ‘‘(iii) course and program completion; 

11 ‘‘(iv) as appropriate, State licensing 

12 examinations; 

13 ‘‘(v) as appropriate, job placement 

14 rates; and 

15 ‘‘(vi) as appropriate, other student 

16 performance information selected by the 

17 institution, particularly that information 

18 used by the institution to evaluate or 

19 strengthen its programs;’’; 

20 (C) by striking paragraph (6) and insert21 ing the following: 

22 ‘‘(6) such an agency or association shall estab23 lish and apply review procedures throughout the ac24 crediting process, including evaluation and with-
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•S 1614 IS 

1 drawal proceedings which comply with due process 

2 procedures that provide for— 

3 ‘‘(A) adequate specification of require4 ments and deficiencies at the institution of 

5 higher education or program examined; 

6 ‘‘(B) an opportunity for a written response 

7 by any such institution to be included in the 

8 evaluation and withdrawal proceedings prior to 

9 final action; 

10 ‘‘(C) upon the written request of an insti11 tution, an opportunity for the institution to ap12 peal any adverse action, including denial, with13 drawal, suspension, or termination of accredita14 tion, or placement on probation of an institu15 tion, at a hearing prior to such action becoming 

16 final, before an appeals panel that— 

17 ‘‘(i) shall not include current members 

18 of the agency or association’s underlying 

19 decision-making body that made the ad20 verse decision; and 

21 ‘‘(ii) is subject to a conflict of interest 

22 policy; and 

23 ‘‘(D) the right to representation by counsel 

24 for such an institution;’’; and 
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•S 1614 IS 

1 (D) by striking paragraph (8) and insert2 ing the following: 

3 ‘‘(8) such agency or association shall make 

4 available to the public and the State licensing or au5 thorizing agency, and submit to the Secretary, a 

6 summary of agency or association actions, includ7 ing— 

8 ‘‘(A) the award of accreditation or re9 accreditation of an institution; 

10 ‘‘(B) final denial, withdrawal, suspension, 

11 or termination of accreditation, or placement on 

12 probation of an institution, and any findings 

13 made in connection with the action taken, to14 gether with the official comments of the af15 fected institution; and 

16 ‘‘(C) any other adverse action taken with 

17 respect to an institution.’’; and 

18 (2) in subsection (c)— 

19 (A) in paragraph (1), by inserting ‘‘, in20 cluding those regarding distance education’’ 

21 after ‘‘their responsibilities’’; 

22 (B) by redesignating paragraphs (2) 

23 through (6) as paragraphs (5) through (9); 

24 (C) by inserting after paragraph (1) (as 

25 amended by subparagraph (A)) the following: 
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•S 1614 IS 

1 ‘‘(2) ensures that the agency or association’s 

2 on-site evaluation for accreditation or reaccreditation 

3 includes review of the Federally required information 

4 the institution or program provides its current and 

5 prospective students; 

6 ‘‘(3) monitors the growth of programs at insti7 tutions that are experiencing significant enrollment 

8 growth; 

9 ‘‘(4) requires an institution to submit a teach10 out plan for approval to the accrediting agency upon 

11 the occurrence of any of the following events: 

12 ‘‘(A) The Department notifies the accred13 iting agency of an action against the institution 

14 pursuant to section 487(d). 

15 ‘‘(B) The accrediting agency acts to with16 draw, terminate, or suspend the accreditation of 

17 an institution. 

18 ‘‘(C) The institution notifies the accred19 iting agency that the institution intends to 

20 cease operations.’’; 

21 (D) in paragraph (8) (as redesignated by 

22 subparagraph (B)), by striking ‘‘and’’ after the 

23 semicolon; 
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1 (E) in subparagraph (9) (as redesignated 

2 by subparagraph (B)), by striking the period 

3 and inserting ‘‘; and’’; and 

4 (F) by adding at the end the following: 

5 ‘‘(10) confirms, as a part of the agency or asso6 ciation’s review for accreditation or reaccreditation, 

7 that the institution has transfer of credit policies— 

8 ‘‘(A) that are publicly disclosed; 

9 ‘‘(B) that do not deny transfer of credit 

10 based solely on the accreditation of the sending 

11 institution, if the agency or association accred12 iting the sending institution is recognized by 

13 the Secretary pursuant to this section; and 

14 ‘‘(C) in which acceptance or denial of 

15 transfer of credit is decided according to cri16 teria established in guidelines developed by the 

17 institution’s admissions committee.’’. 

18 SEC. 499A. ADMINISTRATIVE CAPACITY STANDARD. 

19 Section 498 (20 U.S.C. 1099c) is amended— 

20 (1) in subsection (d)(1)(B), by inserting ‘‘and’’ 

21 after the semicolon; and 

22 (2) by adding at the end the following: 

23 ‘‘(k) TREATMENT OF TEACH-OUTS AT ADDITIONAL

24 LOCATIONS.— 
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1 ‘‘(1) IN GENERAL.—A location of a closed insti2 tution of higher education shall be eligible as an ad3 ditional location of an eligible institution of higher 

4 education, as defined pursuant to regulations of the 

5 Secretary, for the purposes of a teach-out, if such 

6 teach-out has been approved by the institution’s ac7 crediting agency. 

8 ‘‘(2) SPECIAL RULE.—An institution of higher 

9 education that conducts a teach-out through the es10 tablishment of an additional location described in 

11 paragraph (1) shall be permitted to establish a per12 manent additional location at a closed institution 

13 and shall not be required— 

14 ‘‘(A) to meet the requirements of sections 

15 102(b)(1)(E) and 102(c)(1)(C) for such addi16 tional location; or 

17 ‘‘(B) to assume the liabilities of the closed 

18 institution.’’. 

19 SEC. 499B. PROGRAM REVIEW AND DATA. 

20 Section 498A(b) (20 U.S.C. 1099c–1(b)) is amend21 ed— 

22 (1) in paragraph (4), by striking ‘‘and’’ after 

23 the semicolon; 

24 (2) in paragraph (5) by striking the period and 

25 inserting a semicolon; and 
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•S 1614 IS 

1 (3) by adding at the end the following: 

2 ‘‘(6) provide to an institution of higher edu3 cation an adequate opportunity to review and re4 spond to any program review report or audit finding, 

5 and relevant materials related to the report or find6 ing, before any final program review or audit deter7 mination is reached; 

8 ‘‘(7) review and take into consideration an in9 stitution of higher education’s response in any final 

10 program review or audit determination; and 

11 ‘‘(8) maintain and preserve at all times the con12 fidentiality of any program review report or audit 

13 finding until the requirements of paragraphs (6) and 

14 (7) are met, and until a final program review or 

15 audit determination is issued, other than to the ex16 tent required to comply with paragraph (5), except 

17 that the Secretary shall promptly disclose any and 

18 all program review reports and audit findings to the 

19 institution of higher education under review.’’. 

20 TITLE V—DEVELOPING 

21 INSTITUTIONS 

22 SEC. 501. DEFINITIONS. 

23 Section 502(a) (20 U.S.C. 1101a(a)) is amended— 

24 (1) in paragraph (5)— 
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1 (A) in subparagraph (A), by inserting 

2 ‘‘and’’ after the semicolon; 

3 (B) in subparagraph (B), by striking ‘‘; 

4 and’’ and inserting a period; and 

5 (C) by striking subparagraph (C); and 

6 (2) by striking paragraph (7). 

7 SEC. 502. AUTHORIZED ACTIVITIES. 

8 Section 503(b) (20 U.S.C. 1101b(b)) is amended— 

9 (1) by redesignating paragraphs (6) through 

10 (14) as paragraphs (8) through (16), respectively; 

11 (2) in paragraph (5), by inserting ‘‘, including 

12 innovative, customized remedial education and 

13 English language instruction courses designed to 

14 help retain students and move the students rapidly 

15 into core courses and through program completion’’ 

16 before the period at the end; and 

17 (3) by inserting after paragraph (5) the fol18 lowing: 

19 ‘‘(6) Education or counseling services designed 

20 to improve the financial literacy and economic lit21 eracy of students or the students’ parents. 

22 ‘‘(7) Articulation agreements and student sup23 port programs designed to facilitate the transfer 

24 from 2-year to 4-year institutions.’’. 
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1 SEC. 503. DURATION OF GRANT. 

2 Section 504(a) (20 U.S.C. 1101c(a)) is amended to 

3 read as follows: 

4 ‘‘(a) AWARD PERIOD.—The Secretary may award a 

5 grant to a Hispanic-serving institution under this title for 

6 5 years.’’. 

7 SEC. 504. POSTBACCALAUREATE OPPORTUNITIES FOR HIS8 PANIC AMERICANS. 

9 (a) ESTABLISHMENT OF PROGRAM.—Title V (20 

10 U.S.C. 1101 et seq.) is amended— 

11 (1) by redesignating part B as part C; 

12 (2) by redesignating sections 511 through 518 

13 as sections 521 through 528, respectively; and 

14 (3) by inserting after section 505 the following: 

15 ‘‘PART B—PROMOTING POSTBACCALAUREATE 

16 OPPORTUNITIES FOR HISPANIC AMERICANS 

17 ‘‘SEC. 511. PROGRAM AUTHORITY AND ELIGIBILITY. 

18 ‘‘(a) PROGRAM AUTHORIZED.—Subject to the avail19 ability of funds appropriated to carry out this part, the 

20 Secretary shall award grants, on a competitive basis, to 

21 eligible institutions to enable the eligible institutions to 

22 carry out the authorized activities described in section 

23 512. 

24 ‘‘(b) ELIGIBILITY.—For the purposes of this part, an 

25 ‘eligible institution’ means an institution of higher edu26 cation that— 
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1 ‘‘(1) is a Hispanic-serving institution (as de2 fined in section 502); and 

3 ‘‘(2) offers a postbaccalaureate certificate or de4 gree granting program. 

5 ‘‘SEC. 512. AUTHORIZED ACTIVITIES. 

6 ‘‘Grants awarded under this part shall be used for 

7 1 or more of the following activities: 

8 ‘‘(1) Purchase, rental, or lease of scientific or 

9 laboratory equipment for educational purposes, in10 cluding instructional and research purposes. 

11 ‘‘(2) Construction, maintenance, renovation, 

12 and improvement in classroom, library, laboratory, 

13 and other instructional facilities, including purchase 

14 or rental of telecommunications technology equip15 ment or services. 

16 ‘‘(3) Purchase of library books, periodicals, 

17 technical and other scientific journals, microfilm, 

18 microfiche, and other educational materials, includ19 ing telecommunications program materials. 

20 ‘‘(4) Support for needy postbaccalaureate stu21 dents, including outreach, academic support services, 

22 mentoring, scholarships, fellowships, and other fi23 nancial assistance, to permit the enrollment of such 

24 students in postbaccalaureate certificate and degree 

25 granting programs. 
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1 ‘‘(5) Support of faculty exchanges, faculty de2 velopment, faculty research, curriculum development, 

3 and academic instruction. 

4 ‘‘(6) Creating or improving facilities for Inter5 net or other distance learning academic instruction 

6 capabilities, including purchase or rental of tele7 communications technology equipment or services. 

8 ‘‘(7) Collaboration with other institutions of 

9 higher education to expand postbaccalaureate certifi10 cate and degree offerings. 

11 ‘‘(8) Other activities proposed in the application 

12 submitted pursuant to section 513 that are approved 

13 by the Secretary as part of the review and accept14 ance of such application. 

15 ‘‘SEC. 513. APPLICATION AND DURATION. 

16 ‘‘(a) APPLICATION.—Any eligible institution may 

17 apply for a grant under this part by submitting an applica18 tion to the Secretary at such time and in such manner 

19 as the Secretary may require. Such application shall dem20 onstrate how the grant funds will be used to improve 

21 postbaccalaureate education opportunities for Hispanic 

22 and low-income students and will lead to such students’ 

23 greater financial independence. 

24 ‘‘(b) DURATION.—Grants under this part shall be 

25 awarded for a period not to exceed 5 years. 
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1 ‘‘(c) LIMITATION.—The Secretary may not award 

2 more than 1 grant under this part in any fiscal year to 

3 any Hispanic-serving institution.’’. 

4 SEC. 505. APPLICATIONS. 

5 Section 521(b)(1)(A) (as redesignated by section 

6 504(a)(2)) (20 U.S.C. 1103(b)(1)(A)) is amended by 

7 striking ‘‘subsection (b)’’ and inserting ‘‘subsection (c)’’. 

8 SEC. 506. COOPERATIVE ARRANGEMENTS. 

9 Section 524(a) (as redesignated by section 504(a)(2)) 

10 (20 U.S.C. 1103c(a)) is amended by striking ‘‘section 

11 503’’ and inserting ‘‘sections 503 and 512’’. 

12 SEC. 507. AUTHORIZATION OF APPROPRIATIONS. 

13 Section 528(a) (as redesignated by section 504(a)(2)) 

14 (20 U.S.C. 1103g(a)) is amended— 

15 (1) by inserting ‘‘part A of’’ after ‘‘carry out’’; 

16 (2) by striking ‘‘$62,500,000 for fiscal year 

17 1999’’ and all that follows through the period and 

18 inserting ‘‘such sums as may be necessary for fiscal 

19 year 2006 and each of the 5 succeeding fiscal 

20 years.’’; 

21 (3) by striking ‘‘(a) AUTHORIZATIONS.—There 

22 are’’ and inserting the following: 

23 ‘‘(a) AUTHORIZATIONS.— 

24 ‘‘(1) PART A.—There are’’; and 

25 (4) by adding at the end the following: 
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1 ‘‘(2) PART B.—There are authorized to be ap2 propriated to carry out part B of this title such 

3 sums as may be necessary for fiscal year 2006 and 

4 each of the 5 succeeding fiscal years.’’. 

5 TITLE VI—INTERNATIONAL 

6 EDUCATION PROGRAMS 

7 SEC. 601. FINDINGS. 

8 Section 601 (20 U.S.C. 1121) is amended— 

9 (1) in the section heading, by striking ‘‘AND

10 PURPOSES’’ and inserting ‘‘; PURPOSES; CON11 SULTATION; SURVEY’’ 

12 (2) in subsection (a)(3), by striking ‘‘post-Cold 

13 War’’; 

14 (3) in subsection (b)(1)(D), by inserting ‘‘, in15 cluding through linkages with overseas institutions’’ 

16 before the semicolon; and 

17 (4) by adding at the end the following: 

18 ‘‘(c) CONSULTATION.—The Secretary shall, prior to 

19 requesting applications for funding under this title during 

20 each grant cycle, consult with and receive recommenda21 tions regarding national need for expertise in foreign lan22 guages and world regions from the head official, or a des23 ignee of such head official, of the National Security Coun24 cil, the Department of Homeland Security, the Depart25 ment of Defense, the Department of State, the Federal 
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•S 1614 IS 

1 Bureau of Investigation, the Department of Labor, and 

2 the Department of Commerce, and the Director of Na3 tional Intelligence. These entities shall provide information 

4 to the Secretary regarding how they utilize services pro5 vided by grantees under this title. The Secretary shall take 

6 into account such recommendations and information when 

7 requesting applications for funding under this title, and 

8 shall make available to applicants a list of areas identified 

9 as areas of national need. 

10 ‘‘(d) SURVEY.—The Secretary shall assist grantees in 

11 developing a survey to administer to students who have 

12 participated in programs under this title to determine 

13 postparticipation placement. All grantees, where applica14 ble, shall administer such survey not less often than annu15 ally and report such data to the Secretary.’’. 

16 SEC. 602. GRADUATE AND UNDERGRADUATE LANGUAGE 

17 AND AREA CENTERS AND PROGRAMS. 

18 Section 602 (20 U.S.C. 1122) is amended— 

19 (1) in subsection (a)— 

20 (A) in paragraph (2)— 

21 (i) in subparagraph (G), by striking 

22 ‘‘and’’ after the semicolon; 

23 (ii) in subparagraph (H), by striking 

24 the period and inserting ‘‘; and’’; and 
299 

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1 (iii) by adding at the end the fol2 lowing: 

3 ‘‘(I) support for instructors of the less 

4 commonly taught languages.’’; and 

5 (B) in paragraph (4)— 

6 (i) by redesignating subparagraphs 

7 (C) through (E) as subparagraphs (D) 

8 through (F), respectively; 

9 (ii) by inserting after subparagraph 

10 (B) the following: 

11 ‘‘(C) Programs of linkage or outreach be12 tween or among— 

13 ‘‘(i) foreign language, area studies, or 

14 other international fields; and 

15 ‘‘(ii) State educational agencies or 

16 local educational agencies.’’; and 

17 (iii) in subparagraph (F) (as redesig18 nated by clause (i)), by striking ‘‘and (D)’’ 

19 and inserting ‘‘(D), and (E)’’; 

20 (2) in subsection (b)— 

21 (A) in the subsection heading, by striking 

22 ‘‘GRADUATE’’; and 

23 (B) by striking paragraph (2) and insert24 ing the following: 
300 

•S 1614 IS 

1 ‘‘(2) ELIGIBLE STUDENTS.—A student receiv2 ing a stipend described in paragraph (1) shall be en3 gaged— 

4 ‘‘(A) in an instructional program with stat5 ed performance goals for functional foreign lan6 guage use or in a program developing such per7 formance goals, in combination with area stud8 ies, international studies, or the international 

9 aspects of a professional studies program; and 

10 ‘‘(B)(i) in the case of an undergraduate 

11 student, in the intermediate or advanced study 

12 of a less commonly taught language; or 

13 ‘‘(ii) in the case of a graduate student, in 

14 graduate study in connection with a program 

15 described in subparagraph (A), including— 

16 ‘‘(I) predissertation level study; 

17 ‘‘(II) preparation for dissertation re18 search; 

19 ‘‘(III) dissertation research abroad; or 

20 ‘‘(IV) dissertation writing.’’; 

21 (3) by striking subsection (d) and inserting the 

22 following: 

23 ‘‘(d) ALLOWANCES.— 

24 ‘‘(1) GRADUATE LEVEL RECIPIENTS.—A sti25 pend awarded to a graduate level recipient may in-
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•S 1614 IS 

1 clude allowances for dependents and for travel for 

2 research and study in the United States and abroad. 

3 ‘‘(2) UNDERGRADUATE LEVEL RECIPIENTS.—A 

4 stipend awarded to an undergraduate level recipient 

5 may include an allowance for educational programs 

6 in the United States or educational programs abroad 

7 that— 

8 ‘‘(A) are closely linked to the overall goals 

9 of the recipient’s course of study; and 

10 ‘‘(B) have the purpose of promoting for11 eign language fluency and knowledge of foreign 

12 cultures.’’; and 

13 (4) by adding at the end the following: 

14 ‘‘(e) APPLICATION.—Each institution or combination 

15 of institutions desiring a grant under this section shall 

16 submit an application to the Secretary at such time, in 

17 such manner, and accompanied by such information and 

18 assurances as the Secretary may require. Each application 

19 shall include an explanation of how the activities funded 

20 by the grant will reflect diverse and balanced perspectives 

21 and generate debate on world regions and international 

22 affairs. Each application shall also describe how the appli23 cant will address disputes regarding diversity and balance 

24 of activities funded under the application. Each applica25 tion shall also include a description of how the applicant 
302 

•S 1614 IS 

1 will encourage government service in areas of national 

2 need as identified by the Secretary.’’. 

3 SEC. 603. UNDERGRADUATE INTERNATIONAL STUDIES AND 

4 FOREIGN LANGUAGE PROGRAMS. 

5 Section 604 (20 U.S.C. 1124) is amended— 

6 (1) in subsection (a)— 

7 (A) in paragraph (2)— 

8 (i) by redesignating subparagraphs (I) 

9 through (M) as subparagraphs (J) through 

10 (N), respectively; and 

11 (ii) by inserting after subparagraph 

12 (H) the following: 

13 ‘‘(I) providing subgrants to undergraduate 

14 students for educational programs abroad 

15 that— 

16 ‘‘(i) are closely linked to the overall 

17 goals of the program for which the grant 

18 is awarded; and 

19 ‘‘(ii) have the purpose of promoting 

20 foreign language fluency and knowledge of 

21 foreign cultures;’’; and 

22 (B) in paragraph (7)— 

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

24 ‘‘and’’ after the semicolon; 
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•S 1614 IS 

1 (ii) in subparagraph (D), by striking 

2 the period at the end and inserting a semi3 colon; and 

4 (iii) by adding at the end the fol5 lowing: 

6 ‘‘(E) an explanation of how the activities 

7 funded by the grant will reflect diverse and bal8 anced perspectives and generate debate on 

9 world regions and international affairs, where 

10 applicable; 

11 ‘‘(F) a description of how the applicant 

12 will address disputes regarding diversity and 

13 balance of activities funded under the applica14 tion; and 

15 ‘‘(G) a description of how the applicant 

16 will encourage government service in areas of 

17 national need as identified by the Secretary.’’; 

18 and 

19 (2) in subsection (c)— 

20 (A) by striking ‘‘FUNDING SUPPORT.—The 

21 Secretary’’ and inserting ‘‘FUNDING RULES.— 

22 ‘‘(1) THE SECRETARY.—The Secretary’’; 

23 (B) by striking ‘‘10’’ and inserting ‘‘20’’; 

24 and 

25 (C) by adding at the end the following: 
304 

•S 1614 IS 

1 ‘‘(2) GRANTEES.—Of the total amount of grant 

2 funds awarded to a grantee under this section, the 

3 grantee may use not more than 10 percent of such 

4 funds for the activity described in subsection 

5 (a)(2)(I).’’. 

6 SEC. 604. RESEARCH; STUDIES. 

7 Section 605(a) (20 U.S.C. 1125(a)) is amended— 

8 (1) in paragraph (8), by striking ‘‘and’’ after 

9 the semicolon; 

10 (2) in paragraph (9), by striking the period and 

11 inserting a semicolon; and 

12 (3) by adding at the end the following: 

13 ‘‘(10) evaluation of the extent to which pro14 grams assisted under this title reflect diverse and 

15 balanced perspectives and generate debate on world 

16 regions and international affairs; 

17 ‘‘(11) the systematic collection, analysis, and 

18 dissemination of data that contribute to achieving 

19 the purposes of this part; and 

20 ‘‘(12) support for programs or activities to 

21 make data collected, analyzed, or disseminated under 

22 this section publicly available and easy to under23 stand.’’. 
305 

•S 1614 IS 

1 SEC. 605. TECHNOLOGICAL INNOVATION AND COOPERA2 TION FOR FOREIGN INFORMATION ACCESS. 

3 Section 606 (20 U.S.C. 1126) is amended— 

4 (1) in subsection (a)— 

5 (A) by striking ‘‘new electronic tech6 nologies’’ and insert ‘‘electronic technologies’’; 

7 (B) by inserting ‘‘from foreign sources’’ 

8 after ‘‘disseminate information’’; 

9 (C) by striking ‘‘AUTHORITY.—The Sec10 retary’’ and insert ‘‘AUTHORITY.— 

11 ‘‘(1) IN GENERAL.—The Secretary’’; and 

12 (D) by adding at the end the following: 

13 ‘‘(2) PARTNERSHIPS WITH NOT-FOR-PROFIT

14 EDUCATIONAL ORGANIZATIONS.—The Secretary may 

15 award grants under this section to carry out the ac16 tivities authorized under this section to the fol17 lowing: 

18 ‘‘(A) An institution of higher education. 

19 ‘‘(B) A public or nonprofit private library. 

20 ‘‘(C) A consortium of an institution of 

21 higher education and 1 or more of the fol22 lowing: 

23 ‘‘(i) Another institution of higher edu24 cation. 

25 ‘‘(ii) A library. 
306 

•S 1614 IS 

1 ‘‘(iii) A not-for-profit educational or2 ganization.’’; 

3 (2) in subsection (b)— 

4 (A) in paragraph (1), by striking ‘‘to facili5 tate access to’’ and inserting ‘‘to acquire, facili6 tate access to,’’; 

7 (B) in paragraph (2), by inserting ‘‘or 

8 standards for’’ after ‘‘means of’’; 

9 (C) in paragraph (6), by striking ‘‘and’’ 

10 after the semicolon; 

11 (D) in paragraph (7), by striking the pe12 riod and inserting a semicolon; and 

13 (E) by adding at the end the following: 

14 ‘‘(8) to establish linkages to facilitate carrying 

15 out the activities described in this subsection be16 tween— 

17 ‘‘(A) the institutions of higher education, 

18 libraries, and consortia receiving grants under 

19 this section; and 

20 ‘‘(B) institutions of higher education, not21 for-profit educational organizations, and librar22 ies overseas; and 

23 ‘‘(9) to carry out other activities that the Sec24 retary determines are consistent with the purpose of 
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•S 1614 IS 

1 the grants or contracts awarded under this section.’’; 

2 and 

3 (3) in subsection (c), by striking ‘‘institution or 

4 consortium’’ and inserting ‘‘institution of higher 

5 education, library, or consortium’’. 

6 SEC. 606. SELECTION OF CERTAIN GRANT RECIPIENTS. 

7 Section 607 (20 U.S.C. 1127) is amended— 

8 (1) in subsection (a), by striking ‘‘evaluates the 

9 applications for comprehensive and undergraduate 

10 language and area centers and programs.’’ and in11 serting ‘‘evaluates— 

12 ‘‘(1) the applications for comprehensive foreign 

13 language and area or international studies centers 

14 and programs; and 

15 ‘‘(2) the applications for undergraduate foreign 

16 language and area or international studies centers 

17 and programs.’’; and 

18 (2) in subsection (b), by adding at the end the 

19 following: ‘‘The Secretary shall also consider an ap20 plicant’s record of sending students into public serv21 ice and an applicant’s stated efforts to increase the 

22 number of students that go into public service.’’. 

23 SEC. 607. AMERICAN OVERSEAS RESEARCH CENTERS. 

24 Section 609 (20 U.S.C. 1128a) is amended by adding 

25 at the end the following: 
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•S 1614 IS 

1 ‘‘(e) APPLICATION.—Each center desiring a grant 

2 under this section shall submit an application to the Sec3 retary at such time, in such manner, and accompanied by 

4 such information and assurances as the Secretary may re5 quire. Each application shall include how the activities 

6 funded by the grant will reflect diverse and balanced per7 spectives and generate debate on world regions and inter8 national affairs, where applicable. Each application shall 

9 also describe how the applicant will address disputes re10 garding diversity and balance of activities funded under 

11 the application.’’. 

12 SEC. 608. AUTHORIZATION OF APPROPRIATIONS FOR 

13 INTERNATIONAL AND FOREIGN LANGUAGE 

14 STUDIES. 

15 Section 610 (20 U.S.C. 1128b) is amended by strik16 ing ‘‘$80,000,000 for fiscal year 1999’’ and all that fol17 lows through the period and inserting ‘‘such sums as may 

18 be necessary for fiscal year 2006 and each of the 5 suc19 ceeding fiscal years.’’. 

20 SEC. 609. CENTERS FOR INTERNATIONAL BUSINESS EDU21 CATION. 

22 Section 612(f) (20 U.S.C. 1130–1(f)) is amended— 

23 (1) in paragraph (3), by striking ‘‘and’’ after 

24 the semicolon; 
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•S 1614 IS 

1 (2) in paragraph (4), by striking the period at 

2 the end and inserting ‘‘; and’’; and 

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

4 ‘‘(5) assurances that activities funded by the 

5 grant will reflect diverse and balanced perspectives 

6 and generate debate on world regions and inter7 national affairs, where applicable.’’. 

8 SEC. 610. EDUCATION AND TRAINING PROGRAMS. 

9 Section 613(c) (20 U.S.C. 1130a(c)) is amended by 

10 adding at the end the following: ‘‘Each such application 

11 shall include an assurance that, where applicable, the ac12 tivities funded by the grant will reflect diverse and bal13 anced perspectives on world regions and international af14 fairs.’’. 

15 SEC. 611. AUTHORIZATION OF APPROPRIATIONS FOR BUSI16 NESS AND INTERNATIONAL EDUCATION PRO17 GRAMS. 

18 Section 614 (20 U.S.C. 1130b) is amended— 

19 (1) in subsection (a), by striking ‘‘$11,000,000 

20 for fiscal year 1999’’ and all that follows through 

21 ‘‘fiscal years’’ and inserting ‘‘such sums as may be 

22 necessary for fiscal year 2006 and each of the 5 suc23 ceeding fiscal years’’; and 

24 (2) in subsection (b), by striking ‘‘$7,000,000 

25 for fiscal year 1999’’ and all that follows through 
310 

•S 1614 IS 

1 ‘‘fiscal years,’’ and inserting ‘‘such sums as may be 

2 necessary for fiscal year 2006 and each of the 5 suc3 ceeding fiscal years’’. 

4 SEC. 612. MINORITY FOREIGN SERVICE PROFESSIONAL DE5 VELOPMENT PROGRAM. 

6 Section 621 (20 U.S.C. 1131) is amended— 

7 (1) in subsection (c), by adding at the end the 

8 following: ‘‘Each application shall include a descrip9 tion of how the activities funded by the grant will re10 flect diverse and balanced perspectives on world re11 gions and international affairs, where applicable.’’; 

12 and 

13 (2) in subsection (e)— 

14 (A) by striking ‘‘MATCH REQUIRED.—The 

15 eligible’’ and inserting ‘‘MATCHING FUNDS.— 

16 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

17 the eligible’’; and 

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

19 ‘‘(2) WAIVER.—The Secretary may waive the 

20 requirement of paragraph (1) for an eligible recipi21 ent if the Secretary determines such waiver is appro22 priate.’’. 

23 SEC. 613. INSTITUTIONAL DEVELOPMENT. 

24 Section 622 (20 U.S.C. 1131–1) is amended— 

25 (1) in subsection (a)— 
311 

•S 1614 IS 

1 (A) by striking ‘‘Tribally Controlled Col2 leges or Universities’’ and inserting ‘‘tribally 

3 controlled colleges or universities’’; and 

4 (B) by striking ‘‘international affairs pro5 grams.’’ and inserting ‘‘international affairs, 

6 international business, and foreign language 

7 study programs, including the teaching of for8 eign languages, at such colleges, universities, 

9 and institutions, respectively, through increased 

10 collaboration with institutions of higher edu11 cation that receive funding under this title.’’; 

12 and 

13 (2) in subsection (c)— 

14 (A) by striking paragraphs (1) and (3); 

15 and 

16 (B) by redesignating paragraphs (2) and 

17 (4) as paragraphs (1) and (2), respectively. 

18 SEC. 614. STUDY ABROAD PROGRAM. 

19 Section 623(a) (20 U.S.C. 1131a(a)) is amended— 

20 (1) by striking ‘‘as defined in section 322 of 

21 this Act’’; and 

22 (2) by striking ‘‘tribally controlled Indian com23 munity colleges as defined in the Tribally Controlled 

24 Community College Assistance Act of 1978’’ and in25 serting ‘‘tribally controlled colleges or universities’’. 
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1 SEC. 615. ADVANCED DEGREE IN INTERNATIONAL RELA2 TIONS. 

3 Section 624 (20 U.S.C. 1131b) is amended— 

4 (1) in the section heading, by striking ‘‘MAS5 TERS’’ and inserting ‘‘ADVANCED’’; 

6 (2) in the first sentence, by inserting ‘‘, and in 

7 exceptional circumstances, a doctoral degree,’’ after 

8 ‘‘masters degree’’; 

9 (3) in the second sentence, by striking ‘‘masters 

10 degree’’ and inserting ‘‘advanced degree’’; and 

11 (4) in the fourth sentence, by striking ‘‘United 

12 States’’ and inserting ‘‘United States.’’. 

13 SEC. 616. INTERNSHIPS. 

14 Section 625 (20 U.S.C. 1131c) is amended— 

15 (1) in subsection (a)— 

16 (A) by striking ‘‘as defined in section 322 

17 of this Act’’; 

18 (B) by striking ‘‘tribally controlled Indian 

19 community colleges as defined in the Tribally 

20 Controlled Community College Assistance Act 

21 of 1978’’ and inserting ‘‘tribally controlled col22 leges or universities’’; 

23 (C) by striking ‘‘an international’’ and in24 serting ‘‘international,’’; and 
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•S 1614 IS 

1 (D) by striking ‘‘the United States Infor2 mation Agency’’ and inserting ‘‘the Department 

3 of State’’; and 

4 (2) in subsection (c)(1)— 

5 (A) in subparagraph (E), by inserting 

6 ‘‘and’’ after the semicolon; 

7 (B) in subparagraph (F), by striking ‘‘; 

8 and’’ and inserting a period; and 

9 (C) by striking subparagraph (G). 

10 SEC. 617. FINANCIAL ASSISTANCE. 

11 Part C of title VI (20 U.S.C. 1131 et seq.) is further 

12 amended— 

13 (1) by redesignating sections 626, 627, and 628 

14 as sections 627, 628, and 629, respectively; and 

15 (2) by inserting after section 625 the following: 

16 ‘‘SEC. 626. FINANCIAL ASSISTANCE. 

17 ‘‘(a) AUTHORITY.—The Institute may provide finan18 cial assistance, in the form of summer stipends described 

19 in subsection (b) and Ralph Bunche scholarship assistance 

20 described in subsection (c), to needy students to facilitate 

21 the participation of the students in the Institute’s pro22 grams under this part. 

23 ‘‘(b) SUMMER STIPENDS.— 

24 ‘‘(1) REQUIREMENTS.—A student receiving a 

25 summer stipend under this section shall use such sti-
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1 pend to defray the student’s cost of participation in 

2 a summer institute program funded under this part, 

3 including the costs of travel, living, and educational 

4 expenses necessary for the student’s participation in 

5 such program. 

6 ‘‘(2) AMOUNT.—A summer stipend awarded to 

7 a student under this section shall not exceed $3,000 

8 per summer. 

9 ‘‘(c) RALPH BUNCHE SCHOLARSHIP.— 

10 ‘‘(1) REQUIREMENTS.—A student receiving a 

11 Ralph Bunche scholarship under this section— 

12 ‘‘(A) shall be a full-time student at an in13 stitution of higher education who is accepted 

14 into a program funded under this part; and 

15 ‘‘(B) shall use such scholarship to pay 

16 costs related to the cost of attendance, as de17 fined in section 472, at the institution of higher 

18 education in which the student is enrolled. 

19 ‘‘(2) AMOUNT AND DURATION.—A Ralph 

20 Bunche scholarship awarded to a student under this 

21 section shall not exceed $5,000 per academic year.’’. 

22 SEC. 618. REPORT. 

23 Section 627 (as redesignated by section 617(1)) (20 

24 U.S.C. 1131d) is amended by striking ‘‘annually’’ and in25 serting ‘‘biennially’’. 
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1 SEC. 619. GIFTS AND DONATIONS. 

2 Section 628 (as redesignated by section 617(1)) (20 

3 U.S.C. 1131e) is amended by striking ‘‘annual report de4 scribed in section 626’’ and inserting ‘‘biennial report de5 scribed in section 627’’. 

6 SEC. 620. AUTHORIZATION OF APPROPRIATIONS FOR THE 

7 INSTITUTE FOR INTERNATIONAL PUBLIC 

8 POLICY. 

9 Section 629 (as redesignated by section 617(1)) (20 

10 U.S.C. 1131f) is amended by striking ‘‘$10,000,000 for 

11 fiscal year 1999’’ and all that follows through the period 

12 and inserting ‘‘such sums as may be necessary for fiscal 

13 year 2006 and each of the 5 succeeding fiscal years.’’. 

14 SEC. 621. DEFINITIONS. 

15 Section 631 (20 U.S.C. 1132) is amended— 

16 (1) by redesignating paragraphs (2), (3), (4), 

17 (5), (6), (7), (8), and (9), as paragraphs (8), (5), 

18 (9), (2), (11), (3), (7), and (4), respectively; 

19 (2) in paragraph (2), as redesignated by para20 graph (1), by striking ‘‘comprehensive language and 

21 area center’’ and inserting ‘‘comprehensive foreign 

22 language and area or international studies center’’; 

23 (3) in paragraph (11), as redesignated by para24 graph (1), by striking ‘‘undergraduate language and 

25 area center’’ and inserting ‘‘undergraduate foreign 

26 language and area or international studies center’’; 
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1 (4) in paragraph (3), as redesignated by para2 graph (1), by striking the first occurrence of the 

3 term ‘‘critical languages’’ and inserting ‘‘critical for4 eign languages’’; 

5 (5) in paragraph (7), as redesignated by para6 graph (1), by striking ‘‘and’’ after the semicolon; 

7 (6) in paragraph (4), as redesignated by para8 graph (1), by striking the period at the end and in9 serting a semicolon; 

10 (7) by inserting after paragraph (5), as redesig11 nated by paragraph (1), the following: 

12 ‘‘(6) the term ‘historically Black college and 

13 university’ has the meaning given the term ‘part B 

14 institution’ in section 322;’’; and 

15 (8) by inserting after paragraph (9), as redesig16 nated by paragraph (1), the following: 

17 ‘‘(10) the term ‘tribally controlled college or 

18 university’ has the meaning given the term in sec19 tion 2 of the Tribally Controlled College or Univer20 sity Assistance Act of 1978 (25 U.S.C. 1801); and’’. 

21 SEC. 622. ASSESSMENT AND ENFORCEMENT. 

22 Part D of title VI (20 U.S.C. 1132) is amended by 

23 adding at the end the following: 
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1 ‘‘SEC. 632. ASSESSMENT; ENFORCEMENT; RULE OF CON2 STRUCTION. 

3 ‘‘(a) IN GENERAL.—The Secretary is authorized to 

4 assess and ensure compliance with all the conditions and 

5 terms of grants provided under this title. If a complaint 

6 regarding activities funded under this title is not resolved 

7 under the process outlined in the relevant grantee’s appli8 cation, and such complaint is filed with the Department, 

9 the Secretary shall be notified, and is authorized, when 

10 circumstances warrant, to immediately suspend future 

11 funding for the grant pending resolution of such dispute. 

12 Such resolution shall not exceed 60 days. The Secretary 

13 shall take the outcomes of such complaints into account 

14 when determining the renewal of grants. 

15 ‘‘(b) RULE OF CONSTRUCTION.—Nothing in this title 

16 shall be construed to authorize the Secretary to mandate, 

17 direct, or control an institution of higher education’s spe18 cific instructional content, curriculum, or program of in19 struction. 

20 ‘‘SEC. 633. EVALUATION, OUTREACH, AND INFORMATION. 

21 ‘‘The Secretary may use not more than 1 percent of 

22 the funds made available under this title to carry out pro23 gram evaluation, national outreach, and information dis24 semination activities relating to the programs authorized 

25 under this title.’’. 
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1 TITLE VII—GRADUATE AND 

2 POSTSECONDARY IMPROVE3 MENT PROGRAMS 

4 SEC. 701. PURPOSE. 

5 Section 700(1)(B)(i) (20 U.S.C. 1133(1)(B)(i)) is 

6 amended by inserting ‘‘, including those areas critical to 

7 United States national and homeland security needs such 

8 as mathematics, science, and engineering’’ before the 

9 semicolon at the end. 

10 SEC. 702. ALLOCATION OF JACOB K. JAVITS FELLOWSHIPS. 

11 Section 702(a)(1) (20 U.S.C. 1134a(a)(1)) is amend12 ed to read as follows: 

13 ‘‘(1) APPOINTMENT.— 

14 ‘‘(A) IN GENERAL.—The Secretary shall 

15 appoint a Jacob K. Javits Fellows Program 

16 Fellowship Board (referred to in this subpart as 

17 the ‘Board’) consisting of 9 individuals rep18 resentative of both public and private institu19 tions of higher education who are especially 

20 qualified to serve on the Board. 

21 ‘‘(B) QUALIFICATIONS.—In making ap22 pointments under subparagraph (A), the Sec23 retary shall— 
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•S 1614 IS 

1 ‘‘(i) give due consideration to the ap2 pointment of individuals who are highly re3 spected in the academic community; 

4 ‘‘(ii) assure that individuals appointed 

5 to the Board are broadly representative of 

6 a range of disciplines in graduate edu7 cation in arts, humanities, and social 

8 sciences; 

9 ‘‘(iii) appoint members to represent 

10 the various geographic regions of the 

11 United States; and 

12 ‘‘(iv) include representatives from mi13 nority institutions, as defined in section 

14 365.’’. 

15 SEC. 703. STIPENDS. 

16 Section 703(a) (20 U.S.C. 1134b(a)) is amended by 

17 striking ‘‘graduate fellowships’’ and inserting ‘‘Graduate 

18 Research Fellowship Program’’. 

19 SEC. 704. AUTHORIZATION OF APPROPRIATIONS FOR THE 

20 JACOB K. JAVITS FELLOWSHIP PROGRAM. 

21 Section 705 (20 U.S.C. 1134d) is amended by strik22 ing ‘‘$30,000,000 for fiscal year 1999’’ and all that fol23 lows through the period and inserting ‘‘such sums as may 

24 be necessary for fiscal year 2006 and each of the 5 suc25 ceeding fiscal years to carry out this subpart.’’. 
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1 SEC. 705. INSTITUTIONAL ELIGIBILITY UNDER THE GRAD2 UATE ASSISTANCE IN AREAS OF NATIONAL 

3 NEED PROGRAM. 

4 Section 712(b) (20 U.S.C. 1135a(b)) is amended to 

5 read as follows: 

6 ‘‘(b) DESIGNATION OF AREAS OF NATIONAL

7 NEED.—After consultation with appropriate Federal and 

8 nonprofit agencies and organizations, including the Na9 tional Science Foundation, the Department of Defense, 

10 the Department of Homeland Security, the National Acad11 emy of Sciences, and the Bureau of Labor Statistics, the 

12 Secretary shall designate areas of national need. In mak13 ing such designations, the Secretary shall take into consid14 eration— 

15 ‘‘(1) the extent to which the interest in the area 

16 is compelling; 

17 ‘‘(2) the extent to which other Federal pro18 grams support postbaccalaureate study in the area 

19 concerned; 

20 ‘‘(3) an assessment of how the program may 

21 achieve the most significant impact with available re22 sources; and 

23 ‘‘(4) an assessment of current and future pro24 fessional workforce needs of the United States.’’. 

25 SEC. 706. AWARDS TO GRADUATE STUDENTS. 

26 Section 714 (20 U.S.C. 1135c) is amended— 
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•S 1614 IS 

1 (1) in subsection (b)— 

2 (A) by striking ‘‘1999–2000’’ and inserting 

3 ‘‘2006–2007’’; and 

4 (B) by striking ‘‘graduate fellowships’’ and 

5 inserting ‘‘Graduate Research Fellowship Pro6 gram’’; and 

7 (2) in subsection (c)— 

8 (A) by striking ‘‘716(a)’’ and inserting 

9 ‘‘715(a)’’; and 

10 (B) by striking ‘‘714(b)(2)’’ and inserting 

11 ‘‘713(b)(2)’’. 

12 SEC. 707. ADDITIONAL ASSISTANCE FOR COST OF EDU13 CATION. 

14 Section 715(a)(1) (20 U.S.C. 1135d(a)(1)) is amend15 ed— 

16 (1) by striking ‘‘1999–2000’’ and inserting 

17 ‘‘2006–2007’’; and 

18 (2) by striking ‘‘1998–1999’’ and inserting 

19 ‘‘2005–2006’’. 

20 SEC. 708. AUTHORIZATION OF APPROPRIATIONS FOR THE 

21 GRADUATE ASSISTANCE IN AREAS OF NA22 TIONAL NEED PROGRAM. 

23 Section 716 (20 U.S.C. 1135e) is amended by strik24 ing ‘‘$35,000,000 for fiscal year 1999’’ and all that fol25 lows through the period and inserting ‘‘such sums as may 
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1 be necessary for fiscal year 2006 and each of the 5 suc2 ceeding fiscal years to carry out this subpart.’’. 

3 SEC. 709. AUTHORIZATION OF APPROPRIATIONS FOR THE 

4 THURGOOD MARSHALL LEGAL EDUCATIONAL 

5 OPPORTUNITY PROGRAM. 

6 Section 721(h) (20 U.S.C. 1136(h)) is amended by 

7 striking ‘‘$5,000,000 for fiscal year 1999’’ and all that 

8 follows through the period and inserting ‘‘such sums as 

9 may be necessary for fiscal year 2006 and each of the 5 

10 succeeding fiscal years.’’. 

11 SEC. 710. FUND FOR THE IMPROVEMENT OF POSTSEC12 ONDARY EDUCATION. 

13 Section 741(a) (20 U.S.C. 1138(a)) is amended— 

14 (1) by striking paragraph (3) and inserting the 

15 following: 

16 ‘‘(3) the establishment and continuation of in17 stitutions, programs, consortia, collaborations, and 

18 other joint efforts based on the technology of com19 munications, including those efforts that utilize dis20 tance education and technological advancements to 

21 educate and train postsecondary students (including 

22 health professionals serving medically underserved 

23 populations);’’; 

24 (2) in paragraph (7), by striking ‘‘and’’ after 

25 the semicolon; 
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1 (3) in paragraph (8), by striking the period at 

2 the end and inserting a semicolon; and 

3 (4) by adding at the end the following: 

4 ‘‘(9) the introduction of reforms in remedial 

5 education, including English language instruction, to 

6 customize remedial courses to student goals and help 

7 students progress rapidly from remedial courses into 

8 core courses and through program completion; and 

9 ‘‘(10) the creation of consortia that join diverse 

10 institutions of higher education for the purpose of 

11 integrating curricular and co-curricular interdiscipli12 nary study.’’. 

13 SEC. 711. SPECIAL PROJECTS. 

14 Section 744(c) (20 U.S.C. 1138c) is amended to read 

15 as follows: 

16 ‘‘(c) AREAS OF NATIONAL NEED.—Areas of national 

17 need shall include, at a minimum, the following: 

18 ‘‘(1) Institutional restructuring to improve 

19 learning and promote productivity, efficiency, quality 

20 improvement, and cost and price control. 

21 ‘‘(2) Improvements in academic instruction and 

22 student learning, including efforts designed to assess 

23 the learning gains made by postsecondary students. 

24 ‘‘(3) Articulation between 2- and 4-year institu25 tions of higher education, including developing inno-
324 

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1 vative methods for ensuring the successful transfer 

2 of students from 2- to 4-year institutions of higher 

3 education. 

4 ‘‘(4) Development, evaluation and dissemination 

5 of model programs, including model core curricula 

6 that— 

7 ‘‘(A) provide students with a broad and in8 tegrated knowledge base; 

9 ‘‘(B) include, at a minimum, broad survey 

10 courses in English literature, American and 

11 world history, American political institutions, 

12 economics, philosophy, college-level mathe13 matics, and the natural sciences; and 

14 ‘‘(C) include sufficient study of a foreign 

15 language to lead to reading and writing com16 petency in the foreign language. 

17 ‘‘(5) International cooperation and student ex18 changes among postsecondary educational institu19 tions.’’. 

20 SEC. 712. AUTHORIZATION OF APPROPRIATIONS FOR THE 

21 FUND FOR THE IMPROVEMENT OF POSTSEC22 ONDARY EDUCATION. 

23 Section 745 (20 U.S.C. 1138d) is amended by strik24 ing ‘‘$30,000,000 for fiscal year 1999’’ and all that fol25 lows through the period and inserting ‘‘such sums as may 
325 

•S 1614 IS 

1 be necessary for fiscal year 2006 and each of the 5 suc2 ceeding fiscal years.’’. 

3 SEC. 713. AUTHORIZATION OF APPROPRIATIONS FOR THE 

4 URBAN COMMUNITY SERVICE PROGRAM. 

5 Section 759 (20 U.S.C. 1139h) is amended by strik6 ing ‘‘$20,000,000 for fiscal year 1999’’ and all that fol7 lows through the period and inserting ‘‘such sums as may 

8 be necessary for fiscal year 2006 and each of the 5 suc9 ceeding fiscal years to carry out this part.’’. 

10 SEC. 714. GRANTS AUTHORIZED FOR DEMONSTRATION 

11 PROJECTS TO ENSURE STUDENTS WITH DIS12 ABILITIES RECEIVE A QUALITY HIGHER EDU13 CATION. 

14 Section 762 (20 U.S.C. 1140a) is amended— 

15 (1) in subsection (b)— 

16 (A) in paragraph (2)— 

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

18 ‘‘to teach students with disabilities’’ and 

19 inserting ‘‘to teach and meet the academic 

20 and programmatic needs of students with 

21 disabilities in order to improve retention 

22 and completion of postsecondary edu23 cation’’; 
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•S 1614 IS 

1 (ii) by redesignating subparagraphs 

2 (B) and (C) as subparagraphs (C) and 

3 (F), respectively; 

4 (iii) by inserting after subparagraph 

5 (A) the following: 

6 ‘‘(B) EFFECTIVE TRANSITION PRAC7 TICES.—The development of innovative and ef8 fective teaching methods and strategies to en9 sure the successful transition of students with 

10 disabilities from secondary school to postsec11 ondary education.’’; 

12 (iv) in subparagraph (C), as redesig13 nated by clause (ii), by striking the period 

14 at the end and inserting ‘‘, including data 

15 on the postsecondary education of and im16 pact on subsequent employment of stu17 dents with disabilities. Such research, in18 formation, and data shall be made publicly 

19 available and accessible.’’; 

20 (v) by inserting after subparagraph 

21 (C), as redesignated by clause (ii), the fol22 lowing: 

23 ‘‘(D) DISTANCE LEARNING.—The develop24 ment of innovative and effective teaching meth25 ods and strategies to provide faculty and ad-
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•S 1614 IS 

1 ministrators with the ability to provide acces2 sible distance education programs or classes 

3 that would enhance access of students with dis4 abilities to higher education, including the use 

5 of accessible curriculum and electronic commu6 nication for instruction and advisement. 

7 ‘‘(E) DISABILITY CAREER PATHWAYS.— 

8 Training and providing support to secondary 

9 and postsecondary staff to encourage interest 

10 in, enhance awareness and understanding of, 

11 provide educational opportunities in, teach prac12 tical skills related to, and offer work-based op13 portunities in, disability related fields, among 

14 students, including students with disabilities. 

15 Such training and support may include devel16 oping means to offer students credit-bearing, 

17 college-level coursework, and career and edu18 cational counseling.’’; and 

19 (vi) by adding at the end the fol20 lowing: 

21 ‘‘(G) ACCESSIBILITY OF EDUCATION.— 

22 Making postsecondary education more acces23 sible to students with disabilities through cur24 riculum development.’’; and 
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•S 1614 IS 

1 (B) in paragraph (3), by striking ‘‘sub2 paragraphs (A) through (C)’’ and inserting 

3 ‘‘subparagraphs (A) through (G)’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(d) REPORT.—The Secretary shall prepare and dis6 seminate a report reviewing the activities of the dem7 onstration projects authorized under this part and pro8 viding guidance and recommendations on how successful 

9 projects can be replicated.’’. 

10 SEC. 715. APPLICATIONS FOR DEMONSTRATION PROJECTS 

11 TO ENSURE STUDENTS WITH DISABILITIES 

12 RECEIVE A QUALITY HIGHER EDUCATION. 

13 Section 763 (20 U.S.C. 1140b) is amended— 

14 (1) by striking paragraph (1) and inserting the 

15 following: 

16 ‘‘(1) a description of how such institution plans 

17 to address the activities allowed under this part;’’; 

18 (2) in paragraph (2), by striking ‘‘and’’ after 

19 the semicolon; 

20 (3) in paragraph (3), by striking the period at 

21 the end and inserting ‘‘; and’’; and 

22 (4) by adding at the end the following: 

23 ‘‘(4) a description of the extent to which the in24 stitution will work to replicate the research based 

25 and best practices of institutions of higher education 
329 

•S 1614 IS 

1 with demonstrated success in serving students with 

2 disabilities.’’. 

3 SEC. 716. AUTHORIZATION OF APPROPRIATIONS FOR THE 

4 DEMONSTRATION PROJECTS TO ENSURE 

5 STUDENTS WITH DISABILITIES RECEIVE A 

6 QUALITY HIGHER EDUCATION. 

7 Section 765 (20 U.S.C. 1140d) is amended by strik8 ing ‘‘$10,000,000 for fiscal year 1999’’ and all that fol9 lows through the period and inserting ‘‘such sums as may 

10 be necessary for fiscal year 2006 and each of the 5 suc11 ceeding fiscal years.’’. 

12 TITLE VIII—MISCELLANEOUS 

13 SEC. 801. MATHEMATICS AND SCIENCE SCHOLARS PRO14 GRAM. 

15 The Act (20 U.S.C. 1001 et seq.) is amended by add16 ing at the end the following: 

17 ‘‘TITLE VIII—MISCELLANEOUS 

18 ‘‘PART A—MATHEMATICS AND SCIENCE 

19 SCHOLARS PROGRAM 

20 ‘‘SEC. 811. MATHEMATICS AND SCIENCE SCHOLARS PRO21 GRAM. 

22 ‘‘(a) PROGRAM AUTHORIZED.—The Secretary is au23 thorized to award grants to States, on a competitive basis, 

24 to enable the States to award eligible students, who com-
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1 plete a rigorous secondary school curriculum in mathe2 matics and science, scholarships for undergraduate study. 

3 ‘‘(b) ELIGIBLE STUDENTS.—A student is eligible for 

4 a scholarship under this section if the student is a full5 time undergraduate student in the student’s first and sec6 ond year of study who has completed a rigorous secondary 

7 school curriculum in mathematics and science. 

8 ‘‘(c) RIGOROUS CURRICULUM.—Each participating 

9 State shall determine the requirements for a rigorous sec10 ondary school curriculum in mathematics and science de11 scribed in subsection (b). 

12 ‘‘(d) PRIORITY FOR SCHOLARSHIPS.—The Governor 

13 of a State may set a priority for awarding scholarships 

14 under this section for particular eligible students, such as 

15 students attending schools in high-need areas, students 

16 who are from groups underrepresented in the fields of 

17 mathematics, science, and engineering, students served by 

18 local educational agencies that do not meet or exceed State 

19 standards in mathematics and science, or students with 

20 regional or geographic needs as determined appropriate by 

21 the Governor. 

22 ‘‘(e) AMOUNT AND DURATION OF SCHOLARSHIP.— 

23 The Secretary shall award a grant under this section— 

24 ‘‘(1) in an amount that does not exceed $1,000; 

25 and 
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1 ‘‘(2) for not more than 2 years of under2 graduate study. 

3 ‘‘(f) MATCHING REQUIREMENT.—In order to receive 

4 a grant under this section, a State shall provide matching 

5 funds for the scholarships awarded under this section in 

6 an amount equal to 50 percent of the Federal funds re7 ceived. 

8 ‘‘(g) AUTHORIZATION.—There are authorized to be 

9 appropriated to carry out this section such sums as may 

10 be necessary for fiscal year 2006 and each of the 5 suc11 ceeding fiscal years. 

12 ‘‘PART B—POSTSECONDARY EDUCATION 

13 ASSESSMENT 

14 ‘‘SEC. 821. POSTSECONDARY EDUCATION ASSESSMENT. 

15 ‘‘(a) CONTRACT FOR ASSESSMENT.—The Secretary 

16 shall enter into a contract, with an independent, bipartisan 

17 organization with specific expertise in public administra18 tion and financial management, to carry out an inde19 pendent assessment of the cost factors associated with the 

20 cost of tuition at institutions of higher education. 

21 ‘‘(b) TIMEFRAME.—The Secretary shall enter into 

22 the contract described in subsection (a) not later than 90 

23 days after the date of enactment of the Higher Education 

24 Amendments of 2005. 
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•S 1614 IS 

1 ‘‘(c) MATTERS ASSESSED.—The assessment de2 scribed in subsection (a) shall— 

3 ‘‘(1) examine the key elements driving the cost 

4 factors associated with the cost of tuition at institu5 tions of higher education during academic year 2000 

6 and succeeding academic years; 

7 ‘‘(2) identify and evaluate measures being used 

8 to control postsecondary education costs; 

9 ‘‘(3) identify and evaluate effective measures 

10 that may be utilized to control postsecondary edu11 cation costs in the future; and 

12 ‘‘(4) identify systemic approaches to monitor 

13 future postsecondary education costs trends and 

14 postsecondary education cost control mechanisms. 

15 ‘‘PART C—JOB SKILL TRAINING IN HIGH-GROWTH 

16 OCCUPATIONS OR INDUSTRIES 

17 ‘‘SEC. 831. JOB SKILL TRAINING IN HIGH-GROWTH OCCUPA18 TIONS OR INDUSTRIES. 

19 ‘‘(a) GRANTS AUTHORIZED.—The Secretary is au20 thorized to award grants, on a competitive basis, to eligible 

21 partnerships to enable the eligible partnerships to provide 

22 relevant job skill training in high-growth industries or oc23 cupations. 

24 ‘‘(b) DEFINITIONS.—In this section: 
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•S 1614 IS 

1 ‘‘(1) ELIGIBLE PARTNERSHIP.—The term ‘eligi2 ble partnership’ means a partnership— 

3 ‘‘(A) between an institution of higher edu4 cation and a local board (as such term is de5 fined in section 101 of the Workforce Invest6 ment Act of 1998); or 

7 ‘‘(B) if an institution of higher education 

8 is located within a State that does not operate 

9 local boards, between the institution of higher 

10 education and a State board (as such term is 

11 defined in section 101 of the Workforce Invest12 ment Act of 1998). 

13 ‘‘(2) NONTRADITIONAL STUDENT.—The term 

14 ‘nontraditional student’ means a student who— 

15 ‘‘(A) is independent, as defined in section 

16 480(d); 

17 ‘‘(B) attends an institution of higher edu18 cation— 

19 ‘‘(i) on less than a full-time basis; 

20 ‘‘(ii) via evening, weekend, modular, 

21 or compressed courses; or 

22 ‘‘(iii) via distance learning methods; 

23 or 

24 ‘‘(C) has delayed enrollment at an institu25 tion of higher education. 
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1 ‘‘(3) INSTITUTION OF HIGHER EDUCATION.— 

2 The term ‘institution of higher education’ means an 

3 institution of higher education, as defined in section 

4 101(b), that offers a 1- or 2-year program of study 

5 leading to a degree or certificate. 

6 ‘‘(c) APPLICATION.— 

7 ‘‘(1) IN GENERAL.—Each eligible partnership 

8 that desires a grant under this section shall submit 

9 an application to the Secretary at such time, in such 

10 manner, and accompanied by such additional infor11 mation as the Secretary may require. 

12 ‘‘(2) CONTENTS.—Each application submitted 

13 under paragraph (1) shall include a description of— 

14 ‘‘(A) how the eligible partnership, through 

15 the institution of higher education, will provide 

16 relevant job skill training for students to enter 

17 high-growth occupations or industries; 

18 ‘‘(B) local high-growth occupations or in19 dustries; and 

20 ‘‘(C) the need for qualified workers to meet 

21 the local demand of high-growth occupations or 

22 industries. 

23 ‘‘(d) AWARD BASIS.—In awarding grants under this 

24 section, the Secretary shall— 
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•S 1614 IS 

1 ‘‘(1) ensure an equitable distribution of grant 

2 funds under this section among urban and rural 

3 areas of the United States; and 

4 ‘‘(2) take into consideration the capability of 

5 the institution of higher education— 

6 ‘‘(A) to offer relevant, high quality instruc7 tion and job skill training for students entering 

8 a high-growth occupation or industry; 

9 ‘‘(B) to involve the local business commu10 nity and to place graduates in the community 

11 in employment in high-growth occupations or 

12 industries; 

13 ‘‘(C) to provide secondary students with 

14 dual-enrollment or concurrent enrollment op15 tions; 

16 ‘‘(D) to serve nontraditional or low-income 

17 students, or adult or displaced workers; and 

18 ‘‘(E) to serve students from rural or re19 mote communities. 

20 ‘‘(e) USE OF FUNDS.—Grant funds provided under 

21 this section may be used— 

22 ‘‘(1) to expand or create academic programs or 

23 programs of training that provide relevant job skill 

24 training for high-growth occupations or industries; 
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•S 1614 IS 

1 ‘‘(2) to purchase equipment which will facilitate 

2 the development of academic programs or programs 

3 of training that provide training for high-growth oc4 cupations or industries; 

5 ‘‘(3) to support outreach efforts that enable 

6 students to attend institutions of higher education 

7 with academic programs or programs of training fo8 cused on high-growth occupations or industries; 

9 ‘‘(4) to expand or create programs for distance, 

10 evening, weekend, modular, or compressed learning 

11 opportunities that provide relevant job skill training 

12 in high-growth occupations or industries; 

13 ‘‘(5) to build partnerships with local businesses 

14 in high-growth occupations or industries; 

15 ‘‘(6) to support curriculum development related 

16 to entrepreneurial training; and 

17 ‘‘(7) for other uses that the Secretary deter18 mines to be consistent with the intent of this section. 

19 ‘‘(f) REQUIREMENTS.— 

20 ‘‘(1) FISCAL AGENT.—For the purpose of this 

21 section, the institution of higher education in an eli22 gible partnership shall serve as the fiscal agent and 

23 grant recipient for the eligible partnership. 
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•S 1614 IS 

1 ‘‘(2) DURATION.—The Secretary shall award 

2 grants under this section for periods that may not 

3 exceed 5 years. 

4 ‘‘(3) SUPPLEMENT, NOT SUPPLANT.—Funds 

5 made available under this section shall be used to 

6 supplement and not supplant other Federal, State, 

7 and local funds available to the eligible partnership 

8 for carrying out the activities described in subsection 

9 (e). 

10 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated to carry out this part 

12 such sums as may be necessary for fiscal year 2006 and 

13 each of the 5 succeeding fiscal years. 

14 ‘‘PART D—GRANT PROGRAM TO INCREASE STU15 DENT RETENTION AND PROMOTE ARTICULA16 TION AGREEMENTS 

17 ‘‘SEC. 841. GRANT PROGRAM TO INCREASE STUDENT RE18 TENTION AND PROMOTE ARTICULATION 

19 AGREEMENTS. 

20 ‘‘(a) AUTHORIZATION OF PROGRAM.—The Secretary 

21 shall award grants, on a competitive basis, to eligible insti22 tutions to enable the institutions to— 

23 ‘‘(1) focus on increasing traditional and non24 traditional student retention at such institutions; 

25 and 
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1 ‘‘(2) promote articulation agreements among 

2 different institutions that will increase the likelihood 

3 of progression of students at such institutions to 

4 baccalaureate degrees. 

5 ‘‘(b) DEFINITION OF ELIGIBLE INSTITUTION.—In 

6 this section, the term ‘eligible institution’ means an insti7 tution of higher education (as defined in section 101(a)) 

8 where not less than 40 percent of such institution’s stu9 dent body receives financial aid under subpart 1 of part 

10 A of title IV. 

11 ‘‘(c) APPLICATION.—An eligible institution that de12 sires a grant under this section shall submit an application 

13 to the Secretary at such time, in such manner, and con14 taining such information as the Secretary may require, in15 cluding the number of students proposed to be served and 

16 a description of the services that will be provided. 

17 ‘‘(d) MANDATORY ACTIVITIES.—An eligible institu18 tion that receives a grant under this section shall use the 

19 grant funds to carry out each of the following: 

20 ‘‘(1) Offering counseling and advisement serv21 ices to help students adapt to postsecondary edu22 cation and select appropriate coursework. 

23 ‘‘(2) Making mentors available to students who 

24 are at risk for not completing a degree. 
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•S 1614 IS 

1 ‘‘(3) Providing detailed assistance to students 

2 who request help in understanding— 

3 ‘‘(A) the options for financing their edu4 cation, including information on grants, loans, 

5 and loan repayment programs; 

6 ‘‘(B) the process of applying for financial 

7 assistance; 

8 ‘‘(C) the outcome of their financial assist9 ance application; and 

10 ‘‘(D) any unanticipated problems related to 

11 financing their education that arise. 

12 ‘‘(4) Offering tutoring to students at risk of 

13 dropping out of school with any course or subject. 

14 ‘‘(5) Designing and implementing innovative 

15 ways to improve retention in and completion of 

16 courses, such as enrolling students in cohorts, pro17 viding counseling, or creating bridge programs that 

18 customize courses to the needs of special population 

19 students. 

20 ‘‘(6) Conducting outreach activities so that all 

21 students know that these services are available and 

22 are aware of how to access the services. 

23 ‘‘(7) Creating articulation agreements to pro24 mote smooth transition from two year to four year 

25 programs. 
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1 ‘‘(8) Making services listed in paragraphs (1) 

2 through (5) available in students’ native languages, 

3 if it is not English, if the percentage of students 

4 needing translation services in a specific language 

5 exceeds 5 percent. 

6 ‘‘(e) PERMISSIBLE ACTIVITIES.—An eligible institu7 tion that receives a grant under this section may use grant 

8 funds to carry out any of the following activities: 

9 ‘‘(1) Designing innovative course schedules to 

10 meet the needs of working adults, such as online, 

11 modular, compressed, or other alternative methods. 

12 ‘‘(2) Offering childcare during the hours when 

13 students have class or are studying. 

14 ‘‘(3) Providing transportation assistance to stu15 dents that helps such students manage their sched16 ules. 

17 ‘‘(4) Partnering with local businesses to create 

18 flexible work-hour programs so that students can 

19 balance work and school. 

20 ‘‘(5) Offering time management or financial lit21 eracy seminars to help students improve their man22 agement skills. 

23 ‘‘(6) Improving professional development to 

24 align instruction with innovative program designs. 
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•S 1614 IS 

1 ‘‘(7) Any other activities the Secretary believes 

2 will promote retention of students attending eligible 

3 institutions. 

4 ‘‘(f) TECHNICAL ASSISTANCE.—The Secretary may 

5 enter into a contract with a private entity to provide such 

6 technical assistance to grantees under this section as the 

7 Secretary determines appropriate. 

8 ‘‘(g) EVALUATION.—The Secretary shall conduct an 

9 evaluation of program impacts under the demonstration 

10 program, and shall disseminate to the public the findings 

11 from the evaluation and information on best practices. 

12 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

13 is authorized to be appropriated to carry out this and such 

14 sums as may be necessary for fiscal year 2006 and each 

15 of the 5 succeeding fiscal years. 

16 ‘‘PART E—AMERICAN HISTORY FOR FREEDOM 

17 ‘‘SEC. 851. AMERICAN HISTORY FOR FREEDOM. 

18 ‘‘(a) GRANTS AUTHORIZED.—The Secretary is au19 thorized to award 3-year grants, on a competitive basis, 

20 to eligible institutions to establish or strengthen postsec21 ondary academic programs or centers that promote and 

22 impart knowledge of— 

23 ‘‘(1) traditional American history; 

24 ‘‘(2) the history and nature of, and threats to, 

25 free institutions; or 
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•S 1614 IS 

1 ‘‘(3) the history and achievements of Western 

2 civilization. 

3 ‘‘(b) DEFINITIONS.—In this section: 

4 ‘‘(1) ELIGIBLE INSTITUTION.—The term ‘eligi5 ble institution’ means an institution of higher edu6 cation as defined in section 101. 

7 ‘‘(2) FREE INSTITUTION.—The term ‘free insti8 tution’ means an institution that emerged out of 

9 Western civilization, such as democracy, constitu10 tional government, individual rights, market econom11 ics, religious freedom and religious tolerance, and 

12 freedom of thought and inquiry. 

13 ‘‘(3) TRADITIONAL AMERICAN HISTORY.—The 

14 term ‘traditional American history’ means— 

15 ‘‘(A) the significant constitutional, polit16 ical, intellectual, economic, and foreign policy 

17 trends and issues that have shaped the course 

18 of American history; and 

19 ‘‘(B) the key episodes, turning points, and 

20 leading figures involved in the constitutional, 

21 political, intellectual, diplomatic, and economic 

22 history of the United States. 

23 ‘‘(c) APPLICATION.— 

24 ‘‘(1) IN GENERAL.—Each eligible institution 

25 that desires a grant under this part shall submit an 
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•S 1614 IS 

1 application to the Secretary at such time, in such 

2 manner, and accompanied by such additional infor3 mation as the Secretary may require. 

4 ‘‘(2) CONTENTS.—Each application submitted 

5 under subsection (a) shall include a description of — 

6 ‘‘(A) how funds made available under this 

7 part will be used for the activities set forth 

8 under subsection (e), including how such activi9 ties will increase knowledge with respect to tra10 ditional American history, free institutions, or 

11 Western civilization; 

12 ‘‘(B) how the eligible institution will ensure 

13 that information about the activities funded 

14 under this part is widely disseminated pursuant 

15 to subsection (e)(1)(B); 

16 ‘‘(C) any activities to be undertaken pursu17 ant to subsection (e)(2)(A), including identifica18 tion of entities intended to participate; 

19 ‘‘(D) how funds made available under this 

20 part shall be used to supplement and not sup21 plant non-Federal funds available for the activi22 ties described in subsection (e); and 

23 ‘‘(E) such fiscal controls and accounting 

24 procedures as may be necessary to ensure prop25 er disbursement of and accounting for funding 
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•S 1614 IS 

1 made available to the eligible institution under 

2 this part. 

3 ‘‘(d) AWARD BASIS.—In awarding grants under this 

4 part, the Secretary shall take into consideration the capa5 bility of the eligible institution to— 

6 ‘‘(1) increase access to quality programming 

7 that expands knowledge of traditional American his8 tory, free institutions, or Western civilization; 

9 ‘‘(2) involve personnel with strong expertise in 

10 traditional American history, free institutions, or 

11 Western civilization; and 

12 ‘‘(3) sustain the activities funded under this 

13 part after the grant has expired. 

14 ‘‘(e) USE OF FUNDS.— 

15 ‘‘(1) REQUIRED USE OF FUNDS.—Funds pro16 vided under this part shall be used to— 

17 ‘‘(A) establish or strengthen academic pro18 grams or centers focused on traditional Amer19 ican history, free institutions, or Western civili20 zation, which may include— 

21 ‘‘(i) design and implementation of 

22 programs of study, courses, lecture series, 

23 seminars, and symposia; 

24 ‘‘(ii) development, publication, and 

25 dissemination of instructional materials; 
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•S 1614 IS 

1 ‘‘(iii) research; 

2 ‘‘(iv) support for faculty teaching in 

3 undergraduate and, if applicable, graduate 

4 programs; 

5 ‘‘(v) support for graduate and post6 graduate fellowships, if applicable; or 

7 ‘‘(vi) teacher preparation initiatives 

8 that stress content mastery regarding tra9 ditional American history, free institutions, 

10 or Western civilization; and 

11 ‘‘(B) conduct outreach activities to ensure 

12 that information about the activities funded 

13 under this part is widely disseminated— 

14 ‘‘(i) to undergraduate students (in15 cluding students enrolled in teacher edu16 cation programs, if applicable); 

17 ‘‘(ii) to graduate students (including 

18 students enrolled in teacher education pro19 grams), if applicable; 

20 ‘‘(iii) to faculty; 

21 ‘‘(iv) to local educational agencies; 

22 and 

23 ‘‘(v) within the local community. 

24 ‘‘(2) ALLOWABLE USES OF FUNDS.—Funds 

25 provided under this part may be used to support— 
346 

•S 1614 IS 

1 ‘‘(A) collaboration with entities such as— 

2 ‘‘(i) local educational agencies, for the 

3 purpose of providing elementary, middle 

4 and secondary school teachers an oppor5 tunity to enhance their knowledge of tradi6 tional American history, free institutions, 

7 or Western civilization; and 

8 ‘‘(ii) nonprofit organizations whose 

9 mission is consistent with the purpose of 

10 this part, such as academic organizations, 

11 museums, and libraries, for assistance in 

12 carrying out activities described under sub13 section (a); and 

14 ‘‘(B) other activities that meet the pur15 poses of this part. 

16 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—For the 

17 purpose of carrying out this part, there are authorized to 

18 be appropriated such sums as may be necessary for fiscal 

19 year 2006 and each of the 5 succeeding fiscal years. 

20 ‘‘PART F—TEACH FOR AMERICA 

21 ‘‘SEC. 861. TEACH FOR AMERICA. 

22 ‘‘(a) DEFINITIONS.— 

23 ‘‘(1) IN GENERAL.—The terms ‘highly quali24 fied’, ‘local educational agency’, and ‘Secretary’ have 

25 the meanings given the terms in section 9101 of the 
347 

•S 1614 IS 

1 Elementary and Secondary Education Act of 1965 

2 (20 U.S.C. 7801). 

3 ‘‘(2) GRANTEE.—The term ‘grantee’ means 

4 Teach For America, Inc. 

5 ‘‘(3) HIGH NEED.—The term ‘high need’, when 

6 used with respect to a local educational agency, 

7 means a local educational agency experiencing a 

8 shortage of highly qualified teachers. 

9 ‘‘(b) GRANTS AUTHORIZED.—The Secretary is au10 thorized to award a grant to Teach For America, Inc., 

11 the national teacher corps of outstanding recent college 

12 graduates who commit to teach for 2 years in underserved 

13 communities in the United States, to implement and ex14 pand its program of recruiting, selecting, training, and 

15 supporting new teachers. 

16 ‘‘(c) REQUIREMENTS.—In carrying out the grant pro17 gram under subsection (b), the Secretary shall enter into 

18 an agreement with the grantee under which the grantee 

19 agrees to use the grant funds provided under this sec20 tion— 

21 ‘‘(1) to provide highly qualified teachers to high 

22 need local educational agencies in urban and rural 

23 communities; 

24 ‘‘(2) to pay the cost of recruiting, selecting, 

25 training, and supporting new teachers; and 
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•S 1614 IS 

1 ‘‘(3) to serve a substantial number and percent2 age of underserved students. 

3 ‘‘(d) AUTHORIZED ACTIVITIES.— 

4 ‘‘(1) IN GENERAL.—Grant funds provided 

5 under this section shall be used by the grantee to 

6 carry out each of the following activities: 

7 ‘‘(A) Recruiting and selecting teachers 

8 through a highly selective national process. 

9 ‘‘(B) Providing preservice training to the 

10 teachers through a rigorous summer institute 

11 that includes hands-on teaching experience and 

12 significant exposure to education coursework 

13 and theory. 

14 ‘‘(C) Placing the teachers in schools and 

15 positions designated by partner local edu16 cational agencies as high need placements serv17 ing underserved students. 

18 ‘‘(D) Providing ongoing professional devel19 opment activities for the teachers’ first 2 years 

20 in the classroom, including regular classroom 

21 observations and feedback, and ongoing train22 ing and support. 

23 ‘‘(2) LIMITATION.—The grantee shall use all 

24 grant funds received under this section to support 

25 activities related directly to the recruitment, selec-
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•S 1614 IS 

1 tion, training, and support of teachers as described 

2 in subsection (a). 

3 ‘‘(e) REPORTS AND EVALUATIONS.— 

4 ‘‘(1) ANNUAL REPORT.—The grantee shall pro5 vide to the Secretary an annual report that in6 cludes— 

7 ‘‘(A) data on the number and quality of 

8 the teachers provided to local educational agen9 cies through a grant under this section; 

10 ‘‘(B) an externally conducted analysis of 

11 the satisfaction of local educational agencies 

12 and principals with the teachers so provided; 

13 and 

14 ‘‘(C) comprehensive data on the back15 ground of the teachers chosen, the training the 

16 teachers received, the placement sites of the 

17 teachers, the professional development of the 

18 teachers, and the retention of the teachers. 

19 ‘‘(2) STUDY.— 

20 ‘‘(A) IN GENERAL.—From funds appro21 priated under subsection (f), the Secretary shall 

22 provide for a study that examines the achieve23 ment levels of the students taught by the teach24 ers assisted under this section. 
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•S 1614 IS 

1 ‘‘(B) ACHIEVEMENT GAINS COMPARED.— 

2 The study shall compare, within the same 

3 schools, the achievement gains made by stu4 dents taught by teachers who are assisted 

5 under this section with the achievement gains 

6 made by students taught by teachers who are 

7 not assisted under this section. 

8 ‘‘(3) REQUIREMENTS.—The Secretary shall 

9 provide for such a study not less than once every 3 

10 years, and each such study shall include multiple 

11 placement sites and multiple schools within place12 ment sites. 

13 ‘‘(4) PEER REVIEW STANDARDS.—Each such 

14 study shall meet the peer review standards of the 

15 education research community. 

16 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 

17 ‘‘(1) IN GENERAL.—There are authorized to be 

18 appropriated to carry out this section such sums as 

19 may be necessary for fiscal year 2006 and each of 

20 the 5 succeeding fiscal years. 

21 ‘‘(2) LIMITATION.—The grantee shall not use 

22 more than 25 percent of Federal funds from any 

23 source for administrative costs. 
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•S 1614 IS 

1 ‘‘PART G—PATSY T. MINK FELLOWSHIP PROGRAM 

2 ‘‘SEC. 1. PATSY T. MINK FELLOWSHIP PROGRAM. 

3 ‘‘(a) PURPOSE.— 

4 ‘‘(1) IN GENERAL.—It is the purpose of this 

5 section to provide, through eligible institutions, a 

6 program of fellowship awards to assist highly quali7 fied minorities and women to acquire the doctoral 

8 degree, or highest possible degree available, in aca9 demic areas in which such individuals are underrep10 resented for the purpose of enabling such individuals 

11 to enter the higher education professoriate. 

12 ‘‘(2) DESIGNATION.—Each recipient of a fellow13 ship award from an eligible institution receiving a 

14 grant under this section shall be known as a ‘Patsy 

15 T. Mink Graduate Fellow’. 

16 ‘‘(b) DEFINITIONS.—In this section, the term ‘eligible 

17 institution’ means an institution of higher education, or 

18 a consortium of such institutions, that offers a program 

19 of postbaccalaureate study leading to a graduate degree. 

20 ‘‘(c) PROGRAM AUTHORIZED.— 

21 ‘‘(1) GRANTS BY SECRETARY.— 

22 ‘‘(A) IN GENERAL.—The Secretary shall 

23 award grants to eligible institutions to enable 

24 such institutions to make fellowship awards to 

25 individuals in accordance with the provisions of 

26 this section. 
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•S 1614 IS 

1 ‘‘(B) PRIORITY CONSIDERATION.—In 

2 awarding grants under this section, the Sec3 retary shall consider the eligible institution’s 

4 prior experience in producing doctoral degree, 

5 or highest possible degree available, holders who 

6 are minorities and women, and shall give pri7 ority consideration in making grants under this 

8 section to those eligible institutions with a dem9 onstrated record of producing minorities and 

10 women who have earned such degrees. 

11 ‘‘(2) APPLICATIONS.— 

12 ‘‘(A) IN GENERAL.—An eligible institution 

13 that desires a grant under this section shall 

14 submit an application to the Secretary at such 

15 time, in such manner, and containing such in16 formation as the Secretary may require. 

17 ‘‘(B) APPLICATIONS MADE ON BEHALF.— 

18 ‘‘(i) IN GENERAL.—The following en19 tities may submit an application on behalf 

20 of an eligible institution: 

21 ‘‘(I) A graduate school or depart22 ment of such institution. 

23 ‘‘(II) A graduate school or de24 partment of such institution in col-
353 

•S 1614 IS 

1 laboration with an undergraduate col2 lege or university of such institution. 

3 ‘‘(III) An organizational unit 

4 within such institution that offers a 

5 program of postbaccalaureate study 

6 leading to a graduate degree, includ7 ing an interdisciplinary or an inter8 departmental program. 

9 ‘‘(IV) A nonprofit organization 

10 with a demonstrated record of helping 

11 minorities and women earn 

12 postbaccalaureate degrees. 

13 ‘‘(ii) NONPROFIT ORGANIZATIONS.— 

14 Nothing in this paragraph shall be con15 strued to permit the Secretary to award a 

16 grant under this section to an entity other 

17 than an eligible institution. 

18 ‘‘(3) SELECTION OF APPLICATIONS.—In award19 ing grants under subsection (a), the Secretary 

20 shall— 

21 ‘‘(A) take into account— 

22 ‘‘(i) the number and distribution of 

23 minority and female faculty nationally; 
354 

•S 1614 IS 

1 ‘‘(ii) the current and projected need 

2 for highly trained individuals in all areas 

3 of the higher education professoriate; and 

4 ‘‘(iii) the present and projected need 

5 for highly trained individuals in academic 

6 career fields in which minorities and 

7 women are underrepresented in the higher 

8 education professoriate; and 

9 ‘‘(B) consider the need to prepare a large 

10 number of minorities and women generally in 

11 academic career fields of high national priority, 

12 especially in areas in which such individuals are 

13 traditionally underrepresented in college and 

14 university faculties, such as mathematics, 

15 science, technology, and engineering. 

16 ‘‘(4) DISTRIBUTION AND AMOUNTS OF

17 GRANTS.— 

18 ‘‘(A) EQUITABLE DISTRIBUTION.—In 

19 awarding grants under this section, the Sec20 retary shall, to the maximum extent feasible, 

21 ensure an equitable geographic distribution of 

22 awards and an equitable distribution among 

23 public and independent eligible institutions that 

24 apply for grants under this section and that 
355 

•S 1614 IS 

1 demonstrate an ability to achieve the purpose of 

2 this section. 

3 ‘‘(B) SPECIAL RULE.—To the maximum 

4 extent practicable, the Secretary shall use not 

5 less than 30 percent of the amount appro6 priated pursuant to subsection (f) to award 

7 grants to eligible institutions that— 

8 ‘‘(i) are eligible for assistance under 

9 title III or title V; or 

10 ‘‘(ii) have formed a consortium that 

11 includes both non-minority serving institu12 tions and minority serving institutions. 

13 ‘‘(C) ALLOCATION.—In awarding grants 

14 under this section, the Secretary shall allocate 

15 appropriate funds to those eligible institutions 

16 whose applications indicate an ability to signifi17 cantly increase the numbers of minorities and 

18 women entering the higher education professo19 riate and that commit institutional resources to 

20 the attainment of the purpose of this section. 

21 ‘‘(D) NUMBER OF FELLOWSHIP

22 AWARDS.—An eligible institution that receives a 

23 grant under this section shall make not less 

24 than 15 fellowship awards. 
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•S 1614 IS 

1 ‘‘(E) REALLOTMENT.—If the Secretary de2 termines that an eligible institution awarded a 

3 grant under this section is unable to use all of 

4 the grant funds awarded to the institution, the 

5 Secretary shall reallot, on such date during 

6 each fiscal year as the Secretary may fix, the 

7 unused funds to other eligible institutions that 

8 demonstrate that such institutions can use any 

9 reallocated grant funds to make fellowship 

10 awards to individuals under this section. 

11 ‘‘(5) INSTITUTIONAL ALLOWANCE.— 

12 ‘‘(A) IN GENERAL.— 

13 ‘‘(i) NUMBER OF ALLOWANCES.—In 

14 awarding grants under this section, the 

15 Secretary shall pay to each eligible institu16 tion awarded a grant, for each individual 

17 awarded a fellowship by such institution 

18 under this section, an institutional allow19 ance. 

20 ‘‘(ii) AMOUNT.—Except as provided in 

21 paragraph (3), an institutional allowance 

22 shall be in an amount equal to, for aca23 demic year 2006–2007 and succeeding aca24 demic years, the amount of institutional al25 lowance made to an institution of higher 
357 

•S 1614 IS 

1 education under section 715 for such aca2 demic year. 

3 ‘‘(B) USE OF FUNDS.—Institutional allow4 ances may be expended in the discretion of the 

5 eligible institution and may be used to provide, 

6 except as prohibited under paragraph (4), aca7 demic support and career transition services for 

8 individuals awarded fellowships by such institu9 tion. 

10 ‘‘(C) REDUCTION.—The institutional al11 lowance paid under paragraph (1) shall be re12 duced by the amount the eligible institution 

13 charges and collects from a fellowship recipient 

14 for tuition and other expenses as part of the re15 cipient’s instructional program. 

16 ‘‘(D) USE FOR OVERHEAD PROHIBITED.— 

17 Funds made available under this section may 

18 not be used for general operational overhead of 

19 the academic department or institution receiv20 ing funds under this section. 

21 ‘‘(d) FELLOWSHIP RECIPIENTS.— 

22 ‘‘(1) AUTHORIZATION.—An eligible institution 

23 that receives a grant under this section shall use the 

24 grant funds to make fellowship awards to minorities 

25 and women who are enrolled at such institution in 
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•S 1614 IS 

1 a doctoral degree, or highest possible degree avail2 able, program and— 

3 ‘‘(A) intend to pursue a career in instruc4 tion at— 

5 ‘‘(i) an institution of higher education 

6 (as the term is defined in section 101); 

7 ‘‘(ii) an institution of higher education 

8 (as the term is defined in section 

9 102(a)(1)); 

10 ‘‘(iii) an institution of higher edu11 cation outside the United States (as the 

12 term is described in section 102(a)(2)); or 

13 ‘‘(iv) a proprietary institution of high14 er education (as the term is defined in sec15 tion 102(b)); and 

16 ‘‘(B) sign an agreement with the Secretary 

17 agreeing— 

18 ‘‘(i) to begin employment at an insti19 tution described in paragraph (1) not later 

20 than 3 years after receiving the doctoral 

21 degree or highest possible degree available, 

22 which 3-year period may be extended by 

23 the Secretary for extraordinary cir24 cumstances; and 
359 

•S 1614 IS 

1 ‘‘(ii) to be employed by such institu2 tion for 1 year for each year of fellowship 

3 assistance received under this section. 

4 ‘‘(2) FAILURE TO COMPLY.—If an individual 

5 who receives a fellowship award under this section 

6 fails to comply with the agreement signed pursuant 

7 to subsection (a)(2), then the Secretary shall do 1 

8 or both of the following: 

9 ‘‘(A) Require the individual to repay all or 

10 the applicable portion of the total fellowship 

11 amount awarded to the individual by converting 

12 the balance due to a loan at the interest rate 

13 applicable to loans made under part B of title 

14 IV. 

15 ‘‘(B) Impose a fine or penalty in an 

16 amount to be determined by the Secretary. 

17 ‘‘(3) WAIVER AND MODIFICATION.— 

18 ‘‘(A) REGULATIONS.—The Secretary shall 

19 promulgate regulations setting forth criteria to 

20 be considered in granting a waiver for the serv21 ice requirement under subsection (a)(2). 

22 ‘‘(B) CONTENT.—The criteria under para23 graph (1) shall include whether compliance with 

24 the service requirement by the fellowship recipi25 ent would be— 
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1 ‘‘(i) inequitable and represent an ex2 traordinary hardship; or 

3 ‘‘(ii) deemed impossible because the 

4 individual is permanently and totally dis5 abled at the time of the waiver request. 

6 ‘‘(4) AMOUNT OF FELLOWSHIP AWARDS.—Fel7 lowship awards under this section shall consist of a 

8 stipend in an amount equal to the level of support 

9 provided to the National Science Foundation grad10 uate fellows, except that such stipend shall be ad11 justed as necessary so as not to exceed the fellow’s 

12 tuition and fees or demonstrated need (as deter13 mined by the institution of higher education where 

14 the graduate student is enrolled), whichever is great15 er. 

16 ‘‘(5) ACADEMIC PROGRESS REQUIRED.—An in17 dividual student shall not be eligible to receive a fel18 lowship award— 

19 ‘‘(A) except during periods in which such 

20 student is enrolled, and such student is main21 taining satisfactory academic progress in, and 

22 devoting essentially full time to, study or re23 search in the pursuit of the degree for which 

24 the fellowship support was awarded; and 
361 

•S 1614 IS 

1 ‘‘(B) if the student is engaged in gainful 

2 employment, other than part-time employment 

3 in teaching, research, or similar activity deter4 mined by the eligible institution to be consistent 

5 with and supportive of the student’s progress 

6 toward the appropriate degree. 

7 ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec8 tion shall be construed to require an eligible institution 

9 that receives a grant under this section— 

10 ‘‘(1) to grant a preference or to differentially 

11 treat any applicant for a faculty position as a result 

12 of the institution’s participation in the program 

13 under this section; or 

14 ‘‘(2) to hire a Patsy T. Mink Fellow who com15 pletes this program and seeks employment at such 

16 institution. 

17 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

18 is authorized to be appropriated to carry out this section 

19 such sums as may be necessary for fiscal year 2006 for 

20 each of the 5 succeeding fiscal years. 
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•S 1614 IS 

1 ‘‘PART H—STUDY ON COLLEGE ENROLLMENT BY 

2 SECONDARY SCHOOLS 

3 ‘‘SEC. 1. STUDY ON COLLEGE ENROLLMENT BY SECONDARY 

4 SCHOOLS. 

5 ‘‘The Secretary shall contract with a not-for-profit or6 ganization, with demonstrated expertise in increasing col7 lege enrollment rates in low-income communities nation8 wide, to make publicly available year-to-year college enroll9 ment rate trends by secondary schools, in full compliance 

10 with the Family Educational Rights and Privacy Act of 

11 1974 (FERPA).’’. 

12 TITLE IX—AMENDMENTS TO 

13 OTHER LAWS 

14 PART A—EDUCATION OF THE DEAF ACT OF 1986 

15 SEC. 901. LAURENT CLERC NATIONAL DEAF EDUCATION 

16 CENTER. 

17 Section 104 of the Education of the Deaf Act of 1986 

18 (20 U.S.C. 4304) is amended— 

19 (1) by striking the heading and inserting 

20 ‘‘LAURENT CLERC NATIONAL DEAF EDUCATION

21 CENTER’’; 

22 (2) in subsection (a)(1)(A), by inserting ‘‘the 

23 Laurent Clerc National Deaf Education Center (re24 ferred to in this section as the ‘Clerc Center’) to 

25 carry out’’ after ‘‘maintain and operate’’; and 

26 (3) in subsection (b)— 
363 

•S 1614 IS 

1 (A) in the matter preceding subparagraph 

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

3 and secondary education programs’’ and insert4 ing ‘‘Clerc Center’’; 

5 (B) in paragraph (2), by striking ‘‘elemen6 tary and secondary education programs’’ and 

7 inserting ‘‘Clerc Center’’; and 

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

9 ‘‘(5) The University, for purposes of the elementary 

10 and secondary education programs carried out at the Clerc 

11 Center, shall— 

12 ‘‘(A)(i) select challenging academic content 

13 standards, challenging student academic achieve14 ment standards, and academic assessments of a 

15 State, adopted and implemented, as appropriate, 

16 pursuant to paragraphs (1) and (3) of section 

17 1111(b) of the Elementary and Secondary Edu18 cation Act of 1965 (20 U.S.C. 6311(b)(1) and (3)) 

19 and approved by the Secretary; and 

20 ‘‘(ii) implement such standards and assess21 ments for such programs by not later than the be22 ginning of the 2008–2009 academic year; 

23 ‘‘(B) annually determine whether such pro24 grams at the Clerc Center are making adequate 

25 yearly progress, as determined according to the defi-
364 

•S 1614 IS 

1 nition of adequate yearly progress defined (pursuant 

2 to section 1111(b)(2)(C) of such Act (20 U.S.C. 

3 6311(b)(2)(C))) by the State that has adopted and 

4 implemented the standards and assessments selected 

5 under subparagraph (A)(i); and 

6 ‘‘(C) publicly report the results of the academic 

7 assessments implemented under subparagraph (A) 

8 and whether the programs at the Clerc Center are 

9 making adequate yearly progress, as determined 

10 under subparagraph (B).’’. 

11 SEC. 902. AGREEMENT WITH GALLAUDET UNIVERSITY. 

12 Section 105(b)(4) of the Education of the Deaf Act 

13 of 1986 (20 U.S.C. 4305(b)(4)) is amended— 

14 (1) by striking ‘‘the Act of March 3, 1931 (40 

15 U.S.C. 276a—276a–5) commonly referred to as the 

16 Davis-Bacon Act’’ and inserting ‘‘subchapter IV of 

17 chapter 31 of title 40, United States Code, com18 monly referred to as the Davis-Bacon Act’’; and 

19 (2) by striking ‘‘section 2 of the Act of June 

20 13, 1934 (40 U.S.C. 276c)’’ and inserting ‘‘section 

21 3145 of title 40, United States Code’’. 

22 SEC. 903. AGREEMENT FOR THE NATIONAL TECHNICAL IN23 STITUTE FOR THE DEAF. 

24 Section 112 of the Education of the Deaf Act of 1986 

25 (20 U.S.C. 4332) is amended— 
365 

•S 1614 IS 

1 (1) in subsection (a)— 

2 (A) in paragraph (1)— 

3 (i) in the first sentence— 

4 (I) by striking ‘‘an institution of 

5 higher education’’ and inserting ‘‘the 

6 Rochester Institute of Technology, 

7 Rochester, New York’’; and 

8 (II) by striking ‘‘of a’’ and in9 serting ‘‘of the’’; and 

10 (ii) by striking the second sentence; 

11 (B) by redesignating paragraph (2) as 

12 paragraph (3); and 

13 (C) by inserting after paragraph (1) the 

14 following: 

15 ‘‘(2) Notwithstanding the requirement under 

16 paragraph (1), if the Secretary or the Rochester In17 stitute of Technology terminates the agreement 

18 under paragraph (1), the Secretary shall consider 

19 proposals from other institutions of higher education 

20 and enter into an agreement with 1 of such institu21 tions for the establishment and operation of a Na22 tional Technical Institution for the Deaf.’’; and 

23 (2) in subsection (b)— 

24 (A) in paragraph (3), by striking ‘‘Com25 mittee on Education and Labor of the House of 
366 

•S 1614 IS 

1 Representatives and to the Committee on Labor 

2 and Human Resources of the Senate’’ and in3 serting ‘‘Committee on Education and the 

4 Workforce of the House of Representatives and 

5 to the Committee on Health, Education, Labor, 

6 and Pensions of the Senate’’; and 

7 (B) in paragraph (5)— 

8 (i) by striking ‘‘the Act of March 3, 

9 1931 (40 U.S.C. 276a—276a–5) com10 monly referred to as the Davis-Bacon Act’’ 

11 and inserting ‘‘subchapter IV of chapter 

12 31 of title 40, United States Code, com13 monly referred to as the Davis-Bacon 

14 Act’’; and 

15 (ii) by striking ‘‘section 2 of the Act 

16 of June 13, 1934 (40 U.S.C. 276c)’’ and 

17 inserting ‘‘section 3145 of title 40, United 

18 States Code’’. 

19 SEC. 904. CULTURAL EXPERIENCES GRANTS. 

20 (a) CULTURAL EXPERIENCES GRANTS.—Title I of 

21 the Education of the Deaf Act of 1986 (20 U.S.C. 4301 

22 et seq.) is amended by adding at the end the following: 
367 

•S 1614 IS 

1 ‘‘PART C—OTHER PROGRAMS 

2 ‘‘SEC. 121. CULTURAL EXPERIENCES GRANTS. 

3 ‘‘(a) IN GENERAL.—The Secretary shall, on a com4 petitive basis, make grants to, and enter into contracts 

5 and cooperative agreements with, eligible entities to sup6 port the activities described in subsection (b). 

7 ‘‘(b) ACTIVITIES.—In carrying out this section, the 

8 Secretary shall support activities providing cultural experi9 ences, through appropriate nonprofit organizations with a 

10 demonstrated proficiency in providing such activities, 

11 that— 

12 ‘‘(1) enrich the lives of deaf and hard-of-hear13 ing children and adults; 

14 ‘‘(2) increase public awareness and under15 standing of deafness and of the artistic and intellec16 tual achievements of deaf and hard-of-hearing per17 sons; or 

18 ‘‘(3) promote the integration of hearing, deaf, 

19 and hard-of-hearing persons through shared cul20 tural, educational, and social experiences. 

21 ‘‘(c) APPLICATIONS.—An eligible entity that desires 

22 to receive a grant, or enter into a contract or cooperative 

23 agreement, under this section shall submit an application 

24 to the Secretary at such time, in such manner, and con25 taining such information as the Secretary may require. 
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•S 1614 IS 

1 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to carry out this section 

3 such sums as may be necessary for fiscal year 2006 and 

4 each of the 5 succeeding fiscal years.’’. 

5 (b) CONFORMING AMENDMENT.—The title heading 

6 of title I of the Education of the Deaf Act of 1986 (20 

7 U.S.C. 4301 et seq.) is amended by adding at the end 

8 ‘‘; OTHER PROGRAMS’’. 

9 SEC. 905. AUDIT. 

10 Section 203 of the Education of the Deaf Act of 1986 

11 (20 U.S.C. 4353) is amended— 

12 (1) in subsection (b)— 

13 (A) in paragraph (1), by striking the sec14 ond sentence and inserting the following: ‘‘The 

15 institution of higher education that the Sec16 retary has an agreement with under section 112 

17 shall have an annual independent financial and 

18 compliance audit made of NTID programs and 

19 activities. The audit shall follow the cycle of the 

20 Federal fiscal year.’’; 

21 (B) in paragraph (2), by striking ‘‘sec22 tions’’ and all that follows through the period 

23 and inserting ‘‘sections 102(b), 105(b)(4), 

24 112(b)(5), 203(c), 207(b)(2), subsections (c) 
369 

•S 1614 IS 

1 through (f) of section 207, and subsections (b) 

2 and (c) of section 209.’’; and 

3 (C) in paragraph (3), by inserting ‘‘and 

4 the Committee on Education and the Workforce 

5 of the House of Representatives and the Com6 mittee on Health, Education, Labor, and Pen7 sions of the Senate’’ after ‘‘Secretary’’; and 

8 (2) in subsection (c)(2)(A), by striking ‘‘Com9 mittee on Education and Labor of the House of 

10 Representatives and the Committee on Labor and 

11 Human Resources of the Senate’’ and inserting 

12 ‘‘Committee on Education and the Workforce of the 

13 House of Representatives and the Committee on 

14 Health, Education, Labor, and Pensions of the Sen15 ate’’. 

16 SEC. 906. REPORTS. 

17 Section 204 of the Education of the Deaf Act of 1986 

18 (20 U.S.C. 4354) is amended— 

19 (1) in the matter preceding paragraph (1), by 

20 striking ‘‘Committee on Education and Labor of the 

21 House of Representatives and the Committee on 

22 Labor and Human Resources of the Senate’’ and in23 serting ‘‘Committee on Education and the Workforce 

24 of the House of Representatives and the Committee 
370 

•S 1614 IS 

1 on Health, Education, Labor, and Pensions of the 

2 Senate’’; 

3 (2) in paragraph (1), by striking ‘‘pre4 paratory,’’; 

5 (3) in paragraph (2)(C), by striking ‘‘upon 

6 graduation/completion’’ and inserting ‘‘on the date 

7 that is 1 year after the date of graduation or com8 pletion’’; and 

9 (4) in paragraph (3)(B), by striking ‘‘of the in10 stitution of higher education’’ and all that follows 

11 through the period and inserting ‘‘of NTID pro12 grams and activities.’’. 

13 SEC. 907. MONITORING, EVALUATION, AND REPORTING. 

14 Section 205 of the Education of the Deaf Act of 1986 

15 (20 U.S.C. 4355) is amended— 

16 (1) in subsection (b), by striking ‘‘The Sec17 retary, as part of the annual report required under 

18 section 426 of the Department of Education Organi19 zation Act, shall include a description of’’ and in20 serting ‘‘The Secretary shall annually transmit infor21 mation to Congress on’’; and 

22 (2) in subsection (c), by striking ‘‘fiscal years 

23 1998 through 2003’’ and inserting ‘‘fiscal years 

24 2006 through 2010’’. 
371 

•S 1614 IS 

1 SEC. 908. LIAISON FOR EDUCATIONAL PROGRAMS. 

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

3 1986 (20 U.S.C. 4356(a)) is amended by striking ‘‘Not 

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

5 the’’ and inserting ‘‘The’’. 

6 SEC. 909. FEDERAL ENDOWMENT PROGRAMS FOR GAL7 LAUDET UNIVERSITY AND THE NATIONAL 

8 TECHNICAL INSTITUTE FOR THE DEAF. 

9 Section 207(h) of the Education of the Deaf Act of 

10 1986 (20 U.S.C. 4357(h)) is amended by striking ‘‘fiscal 

11 years 1998 through 2003’’ each place it appears and in12 serting ‘‘fiscal years 2006 through 2010’’. 

13 SEC. 910. OVERSIGHT AND EFFECT OF AGREEMENTS. 

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

15 1986 (20 U.S.C. 4359(a)) is amended by striking ‘‘Com16 mittee on Labor and Human Resources of the Senate and 

17 the Committee on Education and the Workforce of the 

18 House of Representatives’’ and inserting ‘‘Committee on 

19 Education and the Workforce of the House of Representa20 tives and the Committee on Health, Education, Labor, 

21 and Pensions of the Senate’’. 

22 SEC. 911. INTERNATIONAL STUDENTS. 

23 Section 209 of the Education of the Deaf Act of 1986 

24 (20 U.S.C. 4359a) is amended— 

25 (1) in subsection (a)— 
372 

•S 1614 IS 

1 (A) by striking ‘‘preparatory, under2 graduate,’’ and inserting ‘‘undergraduate’’; 

3 (B) by striking ‘‘Effective with’’ and in4 serting the following: 

5 ‘‘(1) IN GENERAL.—Except as provided in para6 graph (2), effective with’’; and 

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

8 ‘‘(2) DISTANCE LEARNING.—International stu9 dents who participate in distance learning courses 

10 that are at NTID or the University and who are re11 siding outside of the United States shall— 

12 ‘‘(A) not be counted as international stu13 dents for purposes of the cap on international 

14 students under paragraph (1), except that in 

15 any school year no United States citizen who 

16 applies to participate in distance learning 

17 courses that are at the University or NTID 

18 shall be denied participation in such courses be19 cause of the participation of an international 

20 student in such courses; and 

21 ‘‘(B) not be charged a tuition surcharge, 

22 as described in subsection (b).’’; and 

23 (2) by striking subsections (b), (c), and (d), and 

24 inserting the following: 
373 

•S 1614 IS 

1 ‘‘(b) TUITION SURCHARGE.—Except as provided in 

2 subsections (a)(2)(B) and (c), the tuition for postsec3 ondary international students enrolled in the University 

4 (including undergraduate and graduate students) or 

5 NTID shall include, for academic year 2007–2008 and 

6 any succeeding academic year, a surcharge of— 

7 ‘‘(1) 100 percent for a postsecondary inter8 national student from a non-developing country; and 

9 ‘‘(2) 50 percent for a postsecondary inter10 national student from a developing country. 

11 ‘‘(c) REDUCTION OF SURCHARGE.— 

12 ‘‘(1) IN GENERAL.—Beginning with the aca13 demic year 2007–2008, the University or NTID may 

14 reduce the surcharge— 

15 ‘‘(A) under subsection (b)(1) to 50 percent 

16 if— 

17 ‘‘(i) a student described under sub18 section (b)(1) demonstrates need; and 

19 ‘‘(ii) such student has made a good 

20 faith effort to secure aid through such stu21 dent’s government or other sources; and 

22 ‘‘(B) under subsection (b)(2) to 25 percent 

23 if— 

24 ‘‘(i) a student described under sub25 section (b)(2) demonstrates need; and 
374 

•S 1614 IS 

1 ‘‘(ii) such student has made a good 

2 faith effort to secure aid through such stu3 dent’s government or other sources. 

4 ‘‘(2) DEVELOPMENT OF SLIDING SCALE.—The 

5 University and NTID shall develop a sliding scale 

6 model that— 

7 ‘‘(A) will be used to determine the amount 

8 of a tuition surcharge reduction pursuant to 

9 paragraph (1); and 

10 ‘‘(B) shall be approved by the Secretary. 

11 ‘‘(d) DEFINITION.—In this section, the term ‘devel12 oping country’ means a country with a per-capita income 

13 of not more than $4,825, measured in 1999 United States 

14 dollars, as adjusted by the Secretary to reflect inflation 

15 since 1999.’’. 

16 SEC. 912. RESEARCH PRIORITIES. 

17 Section 210(b) of the Education of the Deaf Act of 

18 1986 (20 U.S.C. 4359b(b)) is amended by striking ‘‘Com19 mittee on Labor and Human Resources of the Senate’’ 

20 and inserting ‘‘Committee on Health, Education, Labor, 

21 and Pensions of the Senate’’. 

22 SEC. 913. AUTHORIZATION OF APPROPRIATIONS. 

23 Section 212 of the Education of the Deaf Act of 1986 

24 (20 U.S.C. 4360a) is amended— 
375 

•S 1614 IS 

1 (1) in subsection (a), in the matter preceding 

2 paragraph (1), by striking ‘‘fiscal years 1998 

3 through 2003’’ and inserting ‘‘fiscal years 2006 

4 through 2011’’; and 

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

6 1998 through 2003’’ and inserting ‘‘fiscal years 

7 2006 through 2011’’. 

8 PART B—UNITED STATES INSTITUTE OF PEACE 

9 ACT 

10 SEC. 921. UNITED STATES INSTITUTE OF PEACE ACT. 

11 (a) POWERS AND DUTIES.—Section 1705(b)(3) of 

12 the United States Institute of Peace Act (22 U.S.C. 

13 4604(b)(3)) is amended by striking ‘‘the Arms Control 

14 and Disarmament Agency,’’. 

15 (b) BOARD OF DIRECTORS.—Section 1706 of the 

16 United States Institute of Peace Act (22 U.S.C. 4605) 

17 is amended— 

18 (1) by striking ‘‘(b)(5)’’ each place the term ap19 pears and inserting ‘‘(b)(4)’’; and 

20 (2) in subsection (e), by adding at the end the 

21 following: 

22 ‘‘(5) The term of a member of the Board shall 

23 not commence until the member is confirmed by the 

24 Senate and sworn in as a member of the Board.’’. 
376 

•S 1614 IS 

1 (c) FUNDING.—Section 1710 of the United States In2 stitute of Peace Act (22 U.S.C. 4609) is amended by add3 ing at the end the following: 

4 ‘‘(d) EXTENSION.—Any authorization of appropria5 tions made for the purposes of carrying out this title shall 

6 be extended in the same manner as applicable programs 

7 are extended under section 422 of the General Education 

8 Provisions Act.’’. 

9 PART C—THE HIGHER EDUCATION 

10 AMENDMENTS OF 1998 

11 SEC. 931. REPEALS. 

12 The following provisions of title VIII of the Higher 

13 Education Amendments of 1998 (Public Law 105–244) 

14 are repealed: 

15 (1) Part A. 

16 (2) Part C (20 U.S.C. 1070 note). 

17 (3) Part F (20 U.S.C. 1862 note). 

18 (4) Part J. 

19 (5) Section 861. 

20 (6) Section 863. 

21 SEC. 932. GRANTS TO STATES FOR WORKPLACE AND COM22 MUNITY TRANSITION TRAINING FOR INCAR23 CERATED YOUTH OFFENDERS. 

24 Section 821(b) of the Higher Education Amendment 

25 of 1988 is amended by striking ‘‘25’’ and inserting ‘‘35’’. 
377 

•S 1614 IS 

1 PART D—INDIAN EDUCATION 

2 Subpart 1—Tribal Colleges and Universities 

3 SEC. 941. TRIBALLY CONTROLLED COLLEGE AND UNIVER4 SITY ASSISTANCE. 

5 (a) CLARIFICATION OF THE DEFINITION OF NA6 TIONAL INDIAN ORGANIZATION.—Section 2(a)(6) of the 

7 Tribally Controlled College or University Assistance Act 

8 of 1978 (25 U.S.C. 1801(a)(6)) is amended by striking 

9 ‘‘in the field of Indian education’’ and inserting ‘‘in the 

10 fields of tribally controlled colleges and universities and 

11 Indian higher education’’. 

12 (b) INDIAN STUDENT COUNT.—Section 2(a) of the 

13 Tribally Controlled College or University Assistance Act 

14 (25 U.S.C. 1801(a)) is amended— 

15 (1) by redesignating paragraphs (7) and (8) as 

16 paragraphs (8) and (9), respectively; and 

17 (2) by inserting after paragraph (6) the fol18 lowing: 

19 ‘‘(7) ‘Indian student’ means a student who is— 

20 ‘‘(A) a member of an Indian tribe; or 

21 ‘‘(B) a biological child of a member of an 

22 Indian tribe, living or deceased;’’. 

23 (c) CONTINUING EDUCATION.—Section 2(b) of the 

24 Tribally Controlled College or University Assistance Act 

25 (25 U.S.C. 1801(b)) is amended by striking paragraph (5) 

26 and inserting the following: 
378 

•S 1614 IS 

1 ‘‘(5) DETERMINATION OF CREDITS.—Eligible 

2 credits earned in a continuing education program— 

3 ‘‘(A) shall be determined as 1 credit for 

4 every 10 contact hours in the case of an institu5 tion on a quarter system, or 15 contact hours 

6 in the case of an institution on a semester sys7 tem, of participation in an organized continuing 

8 education experience under responsible sponsor9 ship, capable direction, and qualified instruc10 tion, as described in the criteria established by 

11 the International Association for Continuing 

12 Education and Training; and 

13 ‘‘(B) shall be limited to 10 percent of the 

14 Indian student count of a tribally controlled col15 lege or university.’’. 

16 (d) ACCREDITATION REQUIREMENT.—Section 103 of 

17 the Tribally Controlled College or University Assistance 

18 Act (25 U.S.C. 1804) is amended— 

19 (1) in paragraph (2), by striking ‘‘and’’ at the 

20 end; 

21 (2) in paragraph (3), by striking the period at 

22 the end and inserting ‘‘; and’’; and 

23 (3) by inserting after paragraph (3), the fol24 lowing: 
379 

•S 1614 IS 

1 ‘‘(4)(A) is accredited by a nationally recognized 

2 accrediting agency or association determined by the 

3 Secretary of Education to be a reliable authority 

4 with regard to the quality of training offered; or 

5 ‘‘(B) is, according to such an agency or associa6 tion, making reasonable progress toward accredita7 tion.’’. 

8 (e) TECHNICAL ASSISTANCE CONTRACT AWARDS.— 

9 Section 105 of the Tribally Controlled College or Univer10 sity Assistance Act (25 U.S.C. 1805) is amended in the 

11 second sentence by striking ‘‘In the awarding of contracts 

12 for technical assistance, preference shall be given’’ and in13 serting ‘‘The Secretary shall direct that contracts for tech14 nical assistance be awarded’’. 

15 (f) TITLE I REAUTHORIZATION.—Section 110(a) of 

16 the Tribally Controlled College or University Assistance 

17 Act of 1978 (25 U.S.C. 1810(a)) is amended— 

18 (1) in paragraphs (1), (2), (3), and (4), by 

19 striking ‘‘1999’’ and inserting ‘‘2006’’; 

20 (2) in paragraphs (1), (2), and (3), by striking 

21 ‘‘4 succeeding’’ and inserting ‘‘5 succeeding’’; 

22 (3) in paragraph (2), by striking 

23 ‘‘$40,000,000’’ and inserting ‘‘such sums as may be 

24 necessary’’; 
380 

•S 1614 IS 

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

2 ‘‘$10,000,000’’ and inserting ‘‘such sums as may be 

3 necessary’’; and 

4 (5) in paragraph (4), by striking ‘‘succeeding 

5 4’’ and inserting ‘‘5 succeeding’’. 

6 (g) TITLE III REAUTHORIZATION.—Section 306(a) 

7 of the Tribally Controlled College or University Assistance 

8 Act of 1978 (25 U.S.C. 1836(a)) is amended— 

9 (1) by striking ‘‘1999’’ and inserting ‘‘2006’’; 

10 and 

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

12 succeeding’’. 

13 (h) TITLE IV REAUTHORIZATION.—Section 403 of 

14 the Tribal Economic Development and Technology Re15 lated Education Assistance Act of 1990 (25 U.S.C. 1852) 

16 is amended— 

17 (1) by striking ‘‘$2,000,000 for fiscal year 

18 1999’’ and inserting ‘‘such sums as may be nec19 essary for fiscal year 2006’’; and 

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

21 succeeding’’. 

22 Subpart 2—Navajo Higher Education 

23 SEC. 945. SHORT TITLE. 

24 This subpart may be cited as the ‘‘Navajo Nation 

25 Higher Education Act of 2005’’. 
381 

•S 1614 IS 

1 SEC. 946. REAUTHORIZATION OF THE NAVAJO COMMUNITY 

2 COLLEGE ACT. 

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

4 (25 U.S.C. 640c–1(a)(1)) is amended by striking 

5 ‘‘$2,000,000’’ and all that follows through ‘‘years’’ and 

6 inserting ‘‘such sums as may be necessary for fiscal year 

7 2006 and each of the 5 succeeding fiscal years’’. 

8 TITLE X—RECONCILIATION 

9 SEC. 1001. PROVISIONAL GRANT ASSISTANCE PROGRAM. 

10 (a) AMENDMENT.—Subpart 1 of part A of title IV 

11 of the Higher Education Act of 1965 (20 U.S.C. 1070a) 

12 is amended by adding at the end the following: 

13 ‘‘SEC. 401A. PROVISIONAL GRANT ASSISTANCE PROGRAM. 

14 ‘‘(a) GRANTS.— 

15 ‘‘(1) IN GENERAL.—From amounts appro16 priated under subsection (c) for a fiscal year and 

17 subject to subsection (b), the Secretary shall award 

18 grants to students (which shall be known as 

19 ‘ProGAP awards’) in the same manner as the Sec20 retary awards grants to students under section 401, 

21 except that the Secretary shall determine the 

22 amount of a grant under this section for an aca23 demic year by— 

24 ‘‘(A) determining the total number of stu25 dents eligible for a grant under section 401 for 

26 the academic year, and the amount that each of 
382 

•S 1614 IS 

1 those students are eligible to receive under sec2 tion 401 calculated on the basis of the max3 imum grant level specified in the appropriate 

4 Appropriation Act for section 401 for the aca5 demic year; 

6 ‘‘(B) determining the amount each of those 

7 students would receive under section 401 if the 

8 grant award under section 401 were calculated 

9 on the basis of the sum of the total amount ap10 propriated to carry out section 401 and the 

11 total amount appropriated to carry out this sec12 tion for the academic year; and 

13 ‘‘(C) awarding to each of those students 

14 the amount by which the amount determined 

15 under subparagraph (B) exceeds the amount 

16 determined under subparagraph (A). 

17 ‘‘(2) STUDENTS WITH THE GREATEST NEED.— 

18 The Secretary shall ensure grants are awarded 

19 under this section to students with the greatest need 

20 as determined under paragraph (1). 

21 ‘‘(b) COST OF ATTENDANCE LIMITATION.—A grant 

22 awarded under this section for an academic year shall be 

23 awarded in an amount that does not exceed— 

24 ‘‘(1) the student’s cost of attendance for the 

25 academic year; less 
383 

•S 1614 IS 

1 ‘‘(2) an amount equal to the expected family 

2 contribution for that student for the academic year. 

3 ‘‘(c) AUTHORIZATION AND APPROPRIATION OF

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

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

6 not otherwise appropriated, for the Department of Edu7 cation to carry out this section and section 401B— 

8 ‘‘(1) $1,165,000,000 for fiscal year 2006; 

9 ‘‘(2) $1,171,000,000 for fiscal year 2007; 

10 ‘‘(3) $1,171,000,000 for fiscal year 2008; 

11 ‘‘(4) $1,172,000,000 for fiscal year 2009; and 

12 ‘‘(5) $1,647,000,000 for fiscal year 2010. 

13 ‘‘(d) SUNSET PROVISION.—This section shall be ef14 fective with respect to amounts appropriated for fiscal 

15 year 2006 and each of the 4 succeeding fiscal years.’’. 

16 (b) SENSE OF THE SENATE.—It is the sense of the 

17 Senate that the amounts appropriated to carry out sec18 tions 401A and 401B of the Higher Education Act of 

19 1965 are the result of the savings generated by the 

20 amendments made by this title. 

21 SEC. 1002. NATIONAL SMART GRANTS. 

22 Subpart 1 of part A of title IV of the Higher Edu23 cation Act of 1965 (20 U.S.C. 1070a) is further amended 

24 by adding after section 401A (as added by section 1001): 
384 

•S 1614 IS 

1 ‘‘SEC. 401B. NATIONAL SMART GRANTS. 

2 ‘‘(a) GRANTS AUTHORIZED.—From amounts appro3 priated under section 401A(c) for a fiscal year, the Sec4 retary shall award grants to eligible students to assist the 

5 eligible students in paying their college education ex6 penses. 

7 ‘‘(b) DESIGNATION.—A grant under this section shall 

8 be known as a ‘National Science and Mathematics Access 

9 to Retain Talent Grant’ or a ‘National SMART Grant’. 

10 ‘‘(c) DEFINITION OF ELIGIBLE STUDENT.—In this 

11 section the term ‘eligible student’ means a student who, 

12 for the academic year for which the determination is 

13 made— 

14 ‘‘(1) is eligible for a Federal Pell Grant; and 

15 ‘‘(2) is in the student’s 3rd or 4th year at an 

16 institution of higher education majoring in— 

17 ‘‘(A) mathematics, science, technology, or 

18 engineering (as determined by the Secretary 

19 pursuant to regulations); or 

20 ‘‘(B) a foreign language that the Sec21 retary, in consultation with the Director of Na22 tional Intelligence, determines is critical to the 

23 national security of the United States. 

24 ‘‘(d) GRANT AMOUNT.—The Secretary shall award a 

25 grant under this section in an amount that does not exceed 

26 $1,500 for an academic year. 
385 

•S 1614 IS 

1 ‘‘(e) FUNDING RULE.—The Secretary shall use not 

2 more than $200,000,000 of the funds appropriated under 

3 section 401A(c) for each of the fiscal years 2006 through 

4 2010 to carry out this section. 

5 ‘‘(f) UNOBLIGATED FUNDS AVAILABLE FOR FED6 ERAL GRANT ASSISTANCE.—The Secretary shall make 

7 any funds made available under subsection (e) for a fiscal 

8 year that remain unobligated at the end of the fiscal year 

9 available to carry out section 401A. 

10 ‘‘(g) MATCHING ASSISTANCE.—An institution of 

11 higher education may, from funds provided from private 

12 sources, provide additional assistance to a student receiv13 ing a grant under this section, except that the total assist14 ance provided under this title to a student shall not exceed 

15 the student’s cost of attendance.’’. 

16 SEC. 1003. LOAN LIMITS. 

17 (a) FEDERAL INSURANCE LIMITS.—Section 

18 425(a)(1)(A) of the Higher Education Act of 1965 (20 

19 U.S.C. 1075(a)(1)(A)) is amended— 

20 (1) in clause (i)(I), by striking ‘‘$2,625’’ and 

21 inserting ‘‘$3,500’’; and 

22 (2) in clause (ii)(I), by striking ‘‘$3,500’’ and 

23 inserting ‘‘$4,500’’. 
386 

•S 1614 IS 

1 (b) GUARANTEE LIMITS.—Section 428(b)(1)(A) of 

2 the Higher Education Act of 1965 (20 U.S.C. 

3 1078(b)(1)(A)) is amended— 

4 (1) in clause (i)(I), by striking ‘‘$2,625’’ and 

5 inserting ‘‘$3,500’’; and 

6 (2) in clause (ii)(I), by striking ‘‘$3,500’’ and 

7 inserting ‘‘$4,500’’. 

8 (c) FEDERAL PLUS LOANS.—Section 428B of the 

9 Higher Education Act of 1965 (20 U.S.C. 1078–2) is 

10 amended— 

11 (1) in subsection (a)(1)— 

12 (A) in the matter preceding subparagraph 

13 (A), by striking ‘‘Parents’’ and inserting ‘‘A 

14 graduate or professional student or the par15 ents’’; 

16 (B) in subparagraph (A), by striking ‘‘the 

17 parents’’ and inserting ‘‘the graduate or profes18 sional student or the parents’’; and 

19 (C) in subparagraph (B), by striking ‘‘the 

20 parents’’ and inserting ‘‘the graduate or profes21 sional student or the parents’’; 

22 (2) in subsection (b), by striking ‘‘any parent’’ 

23 and inserting ‘‘any graduate or professional student 

24 or any parent’’; 
387 

•S 1614 IS 

1 (3) in subsection (c)(2), by striking ‘‘parent’’ 

2 and inserting ‘‘graduate or professional student or 

3 parent’’; and 

4 (4) in subsection (d)(1), by striking ‘‘the par5 ent’’ and inserting ‘‘the graduate or professional stu6 dent or the parent’’. 

7 (d) UNSUBSIDIZED STAFFORD LOANS FOR GRAD8 UATE OR PROFESSIONAL STUDENTS.—Section 

9 428H(d)(2) of the Higher Education Act of 1965 (20 

10 U.S.C. 1078–8(d)(2)) is amended— 

11 (1) in subparagraph (C), by striking ‘‘$10,000’’ 

12 and inserting ‘‘$12,000’’; and 

13 (2) in subparagraph (D)— 

14 (A) in clause (i), by striking ‘‘$5,000’’ and 

15 inserting ‘‘$7,000’’; and 

16 (B) in clause (ii), by striking ‘‘$5,000’’ 

17 and inserting ‘‘$7,000’’. 

18 SEC. 1004. PLUS LOAN INTEREST RATES AND ZERO SPE19 CIAL ALLOWANCE PAYMENT. 

20 (a) PLUS LOANS.—Section 427A(l)(2) of the Higher 

21 Education Act of 1965 (20 U.S.C. 1077a(l)(2)) is amend22 ed by striking ‘‘7.9 percent’’ and inserting ‘‘8.5 percent’’. 

23 (b) CONFORMING AMENDMENTS FOR SPECIAL AL24 LOWANCES.— 
388 

•S 1614 IS 

1 (1) AMENDMENTS.—Subparagraph (I) of sec2 tion 438(b)(2) of the Higher Education Act of 1965 

3 (20 U.S.C. 1087–1(b)(2)) is amended— 

4 (A) in clause (iii), by striking ‘‘, subject to 

5 clause (v) of this subparagraph’’; 

6 (B) in clause (iv), by striking ‘‘, subject to 

7 clause (vi) of this subparagraph’’; and 

8 (C) by striking clauses (v), (vi), and (vii) 

9 and inserting the following: 

10 ‘‘(v) RECAPTURE OF EXCESS INTER11 EST.— 

12 ‘‘(I) EXCESS CREDITED.—With 

13 respect to a loan on which the applica14 ble interest rate is determined under 

15 section 427A(l) and for which the 

16 first disbursement of principal is 

17 made on or after April 1, 2006, if the 

18 applicable interest rate for any 3- 

19 month period exceeds the special al20 lowance support level applicable to 

21 such loan under this subparagraph for 

22 such period, then an adjustment shall 

23 be made by calculating the excess in24 terest in the amount computed under 

25 subclause (II) of this clause, and by 
389 

•S 1614 IS 

1 crediting the excess interest to the 

2 Government not less often than annu3 ally. 

4 ‘‘(II) CALCULATION OF EX5 CESS.—The amount of any adjust6 ment of interest on a loan to be made 

7 under this subsection for any quarter 

8 shall be equal to— 

9 ‘‘(aa) the applicable interest 

10 rate minus the special allowance 

11 support level determined under 

12 this subparagraph; multiplied by 

13 ‘‘(bb) the average daily prin14 cipal balance of the loan (not in15 cluding unearned interest added 

16 to principal) during such cal17 endar quarter; divided by 

18 ‘‘(cc) four. 

19 ‘‘(III) SPECIAL ALLOWANCE SUP20 PORT LEVEL.—For purposes of this 

21 clause, the term ‘special allowance 

22 support level’ means, for any loan, a 

23 number expressed as a percentage 

24 equal to the sum of the rates deter25 mined under subclauses (I) and (III) 
390 

•S 1614 IS 

1 of clause (i), and applying any substi2 tution rules applicable to such loan 

3 under clauses (ii), (iii), and (iv) in de4 termining such sum.’’. 

5 (2) EFFECTIVE DATE.—The amendments made 

6 by this subsection shall not apply with respect to 

7 any special allowance payment made under section 

8 438 of the Higher Education Act of 1965 (20 U.S.C 

9 1087–1) before April 1, 2006. 

10 SEC. 1005. REDUCTION OF LENDER INSURANCE REIM11 BURSEMENT RATES. 

12 (a) AMENDMENT.—Subparagraph (G) of section 

13 428(b)(1) of the Higher Education Act of 1965 (20 

14 U.S.C. 1078(b)(1)) is amended to read as follows: 

15 ‘‘(G) insures 97 percent of the unpaid 

16 principal of loans insured under the program;’’. 

17 (b) EFFECTIVE DATE.—The amendment made by 

18 subsection (a) shall apply with respect to any loan made, 

19 insured, or guaranteed under part B of title IV of the 

20 Higher Education Act of 1965 (20 U.S.C. 1071 et seq.) 

21 for which the first disbursement is made on or after Janu22 ary 1, 2006. 
391 

•S 1614 IS 

1 SEC. 1006. GUARANTY AGENCY ORIGINATION FEE. 

2 (a) AMENDMENT.—Section 428(b)(1)(H) of the 

3 Higher Education Act of 1965 (20 U.S.C. 1078(b)(1)(H)) 

4 is amended to read as follows: 

5 ‘‘(H) provides for the collection, and the 

6 deposit in the Federal Fund established under 

7 section 422A(a), of a guaranty agency origina8 tion fee of 1.0 percent of each disbursement of 

9 the proceeds of the loan, which fee may be pro10 vided from funds in the guaranty agency’s oper11 ating fund under section 422B or from other 

12 non-Federal funds;’’. 

13 (b) EFFECTIVE DATE.—The amendment made by 

14 subsection (a) shall be effective with respect to any loan 

15 guaranteed under part B of title IV of the Higher Edu16 cation Act of 1965 on or after April 1, 2006. 

17 SEC. 1007. DEFERMENT OF STUDENT LOANS FOR MILITARY 

18 SERVICE. 

19 (a) FEDERAL FAMILY EDUCATION LOANS.—Section 

20 428(b)(1)(M) of the Higher Education Act of 1965 (20 

21 U.S.C. 1078(b)(1)(M)) is amended— 

22 (1) by striking ‘‘or’’ at the end of clause (ii); 

23 (2) by redesignating clause (iii) as clause (iv); 

24 and 

25 (3) by inserting after clause (ii) the following 

26 new clause: 
392 

•S 1614 IS 

1 ‘‘(iii) not in excess of 3 years during 

2 which the borrower— 

3 ‘‘(I) is serving on active duty 

4 during a war or other military oper5 ation or national emergency; or 

6 ‘‘(II) is performing qualifying 

7 National Guard duty during a war or 

8 other military operation or national 

9 emergency; or’’. 

10 (b) DIRECT LOANS.—Section 455(f)(2) of the Higher 

11 Education Act of 1965 (20 U.S.C. 1087e(f)(2)) is amend12 ed— 

13 (1) by redesignating subparagraph (C) as sub14 paragraph (D); and 

15 (2) by inserting after subparagraph (B) the fol16 lowing new subparagraph: 

17 ‘‘(C) not in excess of 3 years during which 

18 the borrower— 

19 ‘‘(i) is serving on active duty during a 

20 war or other military operation or national 

21 emergency; or 

22 ‘‘(ii) is performing qualifying National 

23 Guard duty during a war or other military 

24 operation or national emergency; or’’. 
393 

•S 1614 IS 

1 (c) PERKINS LOANS.—Section 464(c)(2)(A) of the 

2 Higher Education Act of 1965 (20 U.S.C. 

3 1087dd(c)(2)(A)) is amended— 

4 (1) by redesignating clauses (iii) and (iv) as 

5 clauses (iv) and (v), respectively; and 

6 (2) by inserting after clause (ii) the following 

7 new clause: 

8 ‘‘(iii) not in excess of 3 years during 

9 which the borrower— 

10 ‘‘(I) is serving on active duty 

11 during a war or other military oper12 ation or national emergency; or 

13 ‘‘(II) is performing qualifying 

14 National Guard duty during a war or 

15 other military operation or national 

16 emergency;’’. 

17 (d) DEFINITIONS.—Section 481 of the Higher Edu18 cation Act of 1965 (20 U.S.C. 1088) is amended by add19 ing at the end the following new subsection: 

20 ‘‘(d) DEFINITIONS FOR MILITARY DEFERMENTS.— 

21 For purposes of parts B, D, and E of this title: 

22 ‘‘(1) ACTIVE DUTY.—The term ‘active duty’ has 

23 the meaning given such term in section 101(d)(1) of 

24 title 10, United States Code, except that such term 
394 

•S 1614 IS 

1 does not include active duty for training or attend2 ance at a service school. 

3 ‘‘(2) MILITARY OPERATION.—The term ‘mili4 tary operation’ means a contingency operation as 

5 such term is defined in section 101(a)(13) of title 

6 10, United States Code. 

7 ‘‘(3) NATIONAL EMERGENCY.—The term ‘na8 tional emergency’ means the national emergency by 

9 reason of certain terrorist attacks declared by the 

10 President on September 14, 2001, or subsequent na11 tional emergencies declared by the President by rea12 son of terrorist attacks. 

13 ‘‘(4) SERVING ON ACTIVE DUTY.—The term 

14 ‘serving on active duty during a war or other mili15 tary operation or national emergency’ means service 

16 by an individual who is— 

17 ‘‘(A) a Reserve of an Armed Force ordered 

18 to active duty under section 12301(a), 

19 12301(g), 12302, 12304, or 12306 of title 10, 

20 United States Code, or any retired member of 

21 an Armed Force ordered to active duty under 

22 section 688 of such title, for service in connec23 tion with a war or other military operation or 

24 national emergency, regardless of the location 
395 

•S 1614 IS 

1 at which such active duty service is performed; 

2 and 

3 ‘‘(B) any other member of an Armed Force 

4 on active duty in connection with such emer5 gency or subsequent actions or conditions who 

6 has been assigned to a duty station at a loca7 tion other than the location at which such mem8 ber is normally assigned. 

9 ‘‘(5) QUALIFYING NATIONAL GUARD DUTY.— 

10 The term ‘qualifying National Guard duty during a 

11 war or other military operation or national emer12 gency’ means service as a member of the National 

13 Guard on full-time National Guard duty (as defined 

14 in section 101(d)(5) of title 10, United States Code) 

15 under a call to active service authorized by the 

16 President or the Secretary of Defense for a period 

17 of more than 30 consecutive days under section 

18 502(f) of title 32, United States Code, in connection 

19 with a war, other military operation, or a national 

20 emergency declared by the President and supported 

21 by Federal funds.’’. 

22 (e) RULE OF CONSTRUCTION.—Nothing in the 

23 amendments made by this section shall be construed to 

24 authorize any refunding of any repayment of a loan. 
396 

•S 1614 IS 

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

2 this section shall apply with respect to loans for which the 

3 first disbursement is made on or after July 1, 2001. 

4 SEC. 1008. REHABILITATION THROUGH CONSOLIDATION. 

5 Section 428(c) of the Higher Education Act of 1965 

6 (20 U.S.C 1078(c)) is amended— 

7 (1) in paragraph (2)(A)— 

8 (A) by inserting ‘‘(i)’’ after ‘‘including’’; 

9 and 

10 (B) by inserting before the semicolon at 

11 the end the following: ‘‘and (ii) requirements es12 tablishing procedures to preclude consolidation 

13 lending from being an excessive proportion of 

14 guaranty agency recoveries on defaulted loans 

15 under this part’’; 

16 (2) in paragraph (2)(D), by striking ‘‘para17 graph (6)’’ and inserting ‘‘paragraph (6)(A)’’; and 

18 (3) in paragraph (6)— 

19 (A) by inserting ‘‘(A)’’ before ‘‘For the 

20 purposes of paragraph (2)(D),’’; 

21 (B) by redesignating subparagraphs (A) 

22 and (B) as clauses (i) and (ii), respectively; and 

23 (C) by adding at the end the following new 

24 subparagraphs: 
397 

•S 1614 IS 

1 ‘‘(B) GUARANTY AGENCY OBLIGATIONS.—A 

2 guaranty agency shall— 

3 ‘‘(i) on or after October 1, 2006— 

4 ‘‘(I) not charge the borrower collec5 tion costs in an amount in excess of 18.5 

6 percent of the outstanding principal and 

7 interest of a defaulted loan that is paid off 

8 through consolidation by the borrower 

9 under this title; and 

10 ‘‘(II) remit to the Secretary a portion 

11 of the collection charge under subclause (I) 

12 equal to 8.5 percent of the outstanding 

13 principal and interest of such defaulted 

14 loan; and 

15 ‘‘(ii) on and after October 1, 2009, remit 

16 to the Secretary the entire amount charged 

17 under clause (i)(I) with respect to each de18 faulted loan that is paid off with excess consoli19 dation proceeds. 

20 ‘‘(C) EXCESS CONSOLIDATION PRO21 CEEDS.—For purposes of subparagraph (B), 

22 the term ‘excess consolidation proceeds’ means, 

23 with respect to any guaranty agency for any 

24 Federal fiscal year beginning on or after Octo25 ber 1, 2009, the proceeds of consolidation of de-
398 

•S 1614 IS 

1 faulted loans under this title that exceed 45 

2 percent of the agency’s total collections on de3 faulted loans in such Federal fiscal year.’’. 

4 SEC. 1009. SINGLE HOLDER RULE. 

5 Subparagraph (A) of section 428C(b)(1) of the High6 er Education Act of 1965 (20 U.S.C. 1078–3(b)(1)) is 

7 amended by striking ‘‘and (i)’’ and all that follows through 

8 ‘‘so selected for consolidation)’’. 

9 SEC. 1010. DEFAULT REDUCTION PROGRAM. 

10 Section 428F(a)(1) of the Higher Education Act of 

11 1965 (20 U.S.C. 1078-6(a)(1)) is amended— 

12 (1) in subparagraph (A), by striking ‘‘consecu13 tive payments for 12 months’’ and inserting ‘‘9 pay14 ments made within 20 days of the due date during 

15 10 consecutive months’’; 

16 (2) by redesignating subparagraph (C) as sub17 paragraph (D); and 

18 (3) by inserting after subparagraph (B) the fol19 lowing new subparagraph: 

20 ‘‘(C) A guaranty agency may charge the 

21 borrower and retain collection costs in an 

22 amount not to exceed 18.5 percent of the out23 standing principal and interest at the time of 

24 sale of a loan rehabilitated under subparagraph 

25 (A).’’. 
399 

•S 1614 IS 

1 SEC. 1011. REQUIREMENTS FOR DISBURSEMENTS OF STU2 DENT LOANS. 

3 Section 428G of the Higher Education Act of 1965 

4 (20 U.S.C. 1078–7) is amended— 

5 (1) in subsection (a)(3), by adding at the end 

6 the following: ‘‘Notwithstanding section 422(d) of 

7 the Higher Education Amendments of 1998, this 

8 paragraph shall be effective beginning on the date of 

9 enactment of the Higher Education Amendments of 

10 2005.’’; and 

11 (2) in subsection (b)(1), by adding at the end 

12 the following: ‘‘Notwithstanding section 422(d) of 

13 the Higher Education Amendments of 1998, the sec14 ond sentence of this paragraph shall be effective be15 ginning on the date of enactment of the Higher 

16 Education Amendments of 2005.’’. 

17 SEC. 1012. SPECIAL INSURANCE AND REINSURANCE RULES. 

18 (a) REPEAL.—Section 428I of the Higher Education 

19 Act of 1965 (20 U.S.C. 1078–9) is repealed. 

20 (b) CONFORMING AMENDMENTS.—Part A of title IV 

21 of the Higher Education Act of 1965 (20 U.S.C.1070 et 

22 seq.) is amended— 

23 (1) in section 428(c)(1)— 

24 (A) by striking subparagraph (D); and 
400 

•S 1614 IS 

1 (B) by redesignating subparagraphs (E) 

2 and (F) as subparagraphs (D) and (E), respec3 tively; and 

4 (2) in section 438(b)(5), by striking the matter 

5 following subparagraph (B). 

6 SEC. 1013. SCHOOL AS LENDER MORATORIUM. 

7 Section 435(d)(2) of the Higher Education Act of 

8 1965 (20 U.S.C. 1085(d)(2)) is amended— 

9 (1) in subparagraph (E), by striking ‘‘and’’ 

10 after the semicolon; and 

11 (2) by inserting before the matter following 

12 subparagraph (F) the following: 

13 ‘‘(G) shall have met the requirements of 

14 subparagraphs (A) through (F), and made 

15 loans under this part, on or before August 31, 

16 2005; 

17 ‘‘(H) shall hold each loan the eligible insti18 tution makes under this part to a student en19 rolled at the eligible institution until the stu20 dent enters into a grace period described in sec21 tion 427(a)(2)(B) or 428(b)(7); 

22 ‘‘(I) shall use the proceeds from the sale of 

23 a loan made under this part, for need based 

24 grant aid programs, except that such pro25 ceeds— 
401 

•S 1614 IS 

1 ‘‘(i) shall not be used to provide a 

2 grant to a student for an academic year in 

3 an amount that is more than the student’s 

4 cost of attendance for the academic year; 

5 and 

6 ‘‘(ii) shall supplement and not sup7 plant other Federal, State, and institu8 tional grant aid; and 

9 ‘‘(J) shall not be a foundation or alumni 

10 organization;’’. 

11 SEC. 1014. PERMANENT REDUCTION OF SPECIAL ALLOW12 ANCE PAYMENTS FOR LOANS FROM THE PRO13 CEEDS OF TAX EXEMPT ISSUES. 

14 (a) TECHNICAL CLARIFICATION.—The matter pre15 ceding paragraph (1) of section 2 of the Taxpayer-Teacher 

16 Protection Act of 2004 (Public Law 108–409; 118 Stat. 

17 2299) is amended by inserting ‘‘of the Higher Education 

18 Act of 1965’’ after ‘‘Section 438(b)(2)(B)’’. The amend19 ment made by the preceding sentence shall be effective as 

20 if enacted on October 30, 2004. 

21 (b) AMENDMENT.—Section 438(b)(2)(B) of the 

22 Higher Education Act of 1965 (20 U.S.C. 1087– 

23 1(b)(2)(B)) is amended— 

24 (1) in clause (iv), by striking ‘‘and before Janu25 ary 1, 2006,’’; and 
402 

•S 1614 IS 

1 (2) in clause (v)(II)— 

2 (A) in item (aa), by striking ‘‘and before 

3 January 1, 2006,’’; 

4 (B) in item (bb), by striking ‘‘and before 

5 January 1, 2006,’’; and 

6 (C) in item (cc), by striking ‘‘and before 

7 January 1, 2006,’’. 

8 SEC. 1015. LOAN FEES FROM LENDERS. 

9 (a) AMENDMENT.—Paragraph (2) of section 

10 438(d)(2) (20 U.S.C. 1087–1(d)) is amended to read as 

11 follows: 

12 ‘‘(2) AMOUNT OF LOAN FEES.— 

13 ‘‘(A) IN GENERAL.—Except as provided in 

14 subparagraph (B), with respect to any loan 

15 made under this part for which the first dis16 bursement was made on or after October 1, 

17 1993, the amount of the loan fee that shall be 

18 deducted under paragraph (1) shall be equal to 

19 0.50 percent of the principal amount of the 

20 loan. 

21 ‘‘(B) CONSOLIDATION LOANS.—With re22 spect to any loan made under section 428C on 

23 or after April 1, 2006, the amount of the loan 

24 fee that shall be deducted under paragraph (1) 
403 

•S 1614 IS 

1 shall be equal to 1.0 percent of the principal 

2 amount of the loan.’’. 

3 (b) EFFECTIVE DATE.—The amendment made by 

4 subsection (a) shall apply with respect to any loan made, 

5 insured, or guaranteed under part B of title IV of the 

6 Higher Education Act of 1965 (20 U.S.C. 1071 et seq.) 

7 for which the first disbursement is made on or after April 

8 1, 2006. 

9 SEC. 1016. ORIGINATION FEE. 

10 Section 455(c) of the Higher Education Act of 1965 

11 (20 U.S.C. 1087e(c)) is amended— 

12 (1) by striking ‘‘shall’’ and inserting ‘‘is author13 ized to’’; and 

14 (2) by striking ‘‘4.0 percent of the principal 

15 amount of loan’’ and inserting ‘‘not less than 1 per16 cent and not more than 3 percent of the principal 

17 amount of the loan, except that the Secretary shall 

18 charge the borrower of a Federal Direct PLUS Loan 

19 an origination fee of 4.0 percent of the principal 

20 amount of the loan.’’. 

21 SEC. 1017. INCOME CONTINGENT REPAYMENT FOR PUBLIC 

22 SECTOR EMPLOYEES. 

23 Section 455(e) of the Higher Education Act of 1965 

24 (20 U.S.C. 1087e(e)) is amended by adding at the end 

25 the following: 
404 

•S 1614 IS 

1 ‘‘(7) REPAYMENT PLAN FOR PUBLIC SECTOR

2 EMPLOYEES.— 

3 ‘‘(A) IN GENERAL.—The Secretary shall 

4 forgive the balance due on any loan made under 

5 this part for a borrower— 

6 ‘‘(i) who has made 120 payments on 

7 such loan pursuant to income contingent 

8 repayment; and 

9 ‘‘(ii) who is employed, and was em10 ployed for the 10-year period in which the 

11 borrower made the 120 payments de12 scribed in clause (i), in a public sector job. 

13 ‘‘(B) PUBLIC SECTOR JOB.—In this para14 graph, the term ‘public sector job’ means a full15 time job in emergency management, govern16 ment, public safety, law enforcement, public 

17 health, education (including early childhood 

18 education), or public interest legal services (in19 cluding prosecution or public defense). 

20 ‘‘(8) RETURN TO STANDARD REPAYMENT.—A 

21 borrower who is repaying a loan made under this 

22 part pursuant to income contingent repayment may 

23 choose, at any time, to terminate repayment pursu24 ant to income contingent repayment and repay such 

25 loan under the standard repayment plan.’’. 
405 

•S 1614 IS 

1 SEC. 1018. INCOME PROTECTION ALLOWANCE FOR DE2 PENDENT STUDENTS. 

3 (a) AMENDMENT.—Section 475(g)(2)(D) (20 U.S.C. 

4 1087oo(g)(2)(D)) is amended by striking ‘‘$2,200’’ and 

5 inserting ‘‘$3,000’’. 

6 (b) EFFECTIVE DATE.—The amendment made by 

7 paragraph (1) shall apply with respect to determinations 

8 of need for periods of enrollment beginning on or after 

9 July 1, 2006. 

10 SEC. 1019. SIMPLIFIED NEED TEST AND AUTOMATIC ZERO 

11 IMPROVEMENTS. 

12 Section 479(c) of the Higher Education Act of 1965 

13 (20 U.S.C. 10877ss(c)) is amended— 

14 (1) in paragraph (1), by striking subparagraph 

15 (B) and inserting the following: 

16 ‘‘(B) the sum of the adjusted gross income 

17 of the parents is less than or equal to $20,000; 

18 or’’; 

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

20 (B) and inserting the following: 

21 ‘‘(B) the sum of the adjusted gross income 

22 of the student and spouse (if appropriate) is 

23 less than or equal to $20,000.’’. 
406 

•S 1614 IS 

1 SEC. 1020. LOAN FORGIVENESS FOR TEACHERS. 

2 Section 3(b)(3) of the Taxpayer-Teacher Protection 

3 Act of 2004 (20 U.S.C. 1078–10 note) is amended by 

4 striking ‘‘, and before October 1, 2005’’. 

Æ