II 

Calendar No. 300 

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 

NOVEMBER 17, 2005 

Reported by Mr. ENZI, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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

2 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 

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. 
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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. 

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. 
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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. 

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. 
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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. 

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. 
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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 

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.). 
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1 SEC. 3. GENERAL EFFECTIVE DATE. 

2 Except as otherwise provided in this Act or the 

3 amendments made by this Act, the amendments made by 

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

5 TITLE I—GENERAL PROVISIONS 

6 SEC. 101. ADDITIONAL DEFINITIONS. 

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

8 amended— 

9 (1) by redesignating paragraphs (1) through 

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

11 and 

12 (2) by inserting before paragraph (2) (as redes13 ignated by paragraph (1)) the following: 

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

15 ‘authorizing committees’ means the Committee on 

16 Health, Education, Labor, and Pensions of the Sen17 ate and the Committee on Education and the Work18 force of the House of Representatives.’’. 

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

20 U.S.C. 1001 et seq.) is amended— 

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

22 1015(a)(3)(B)), by striking ‘‘Committee on Labor 

23 and Human Resources of the Senate and the Com24 mittee on Education and the Workforce of the 

25 House of Representatives’’ and inserting ‘‘author26 izing committees’’; 
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1 (2) in section 141(d)(4)(B) (20 U.S.C. 

2 1018(d)(4)(B)), by striking ‘‘Committee on Edu3 cation and the Workforce of the House of Rep4 resentatives and the Committee on Labor and 

5 Human Resources of the Senate’’ and inserting ‘‘au6 thorizing committees’’; 

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

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

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

10 on Labor and Human Resources of the Senate, 

11 and the Committee on Education and the 

12 Workforce of the House of Representatives’’ 

13 and inserting ‘‘and the authorizing commit14 tees’’; and 

15 (B) in subsection (d), by striking ‘‘Com16 mittee on Labor and Human Resources of the 

17 Senate and the Committee on Education and 

18 the Workforce of the House of Representatives’’ 

19 and inserting ‘‘authorizing committees’’; 

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

21 by striking ‘‘Committee on Labor and Human Re22 sources of the Senate and the Committee on Edu23 cation and the Workforce of the House of Rep24 resentatives’’ and inserting ‘‘authorizing commit25 tees’’; 
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1 (5) in section 401(f)(3) (20 U.S.C. 

2 1070a(f)(3)), by striking ‘‘to the Committee on Ap3 propriations’’ and all that follows through ‘‘House of 

4 Representatives’’ and inserting ‘‘to the Committee 

5 on Appropriations of the Senate, the Committee on 

6 Appropriations of the House of Representatives, and 

7 the authorizing committees’’; 

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

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

10 ‘‘House Committee on Education and the 

11 Workforce and the Senate Committee on Labor 

12 and Human Resources’’ and inserting ‘‘author13 izing committees’’; 

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

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

16 Labor and Human Resources of the Senate and 

17 the Committee on Education and the Workforce 

18 of the House of Representatives’’ and inserting 

19 ‘‘authorizing committees’’; and 

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

21 Education and the Workforce of the House of 

22 Representatives and the Committee on Labor 

23 and Human Resources of the Senate’’ and in24 serting ‘‘authorizing committees’’; 

25 (7) in section 428A (20 U.S.C. 1078–1)— 
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1 (A) in the matter preceding subparagraph 

2 (A) of subsection (a)(4), by striking ‘‘Com3 mittee on Labor and Human Resources of the 

4 Senate and the Committee on Education and 

5 the Workforce of the House of Representatives’’ 

6 and inserting ‘‘authorizing committees’’; and 

7 (B) in subsection (c)— 

8 (i) in the matter preceding subpara9 graph (A) of paragraph (2), by striking 

10 ‘‘Chairperson’’ and all that follows through 

11 ‘‘House of Representatives’’ and inserting 

12 ‘‘Chairpersons and Ranking Members of 

13 the authorizing committees’’; 

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

15 ‘‘Chairperson’’ and all that follows through 

16 ‘‘House of Representatives’’ and inserting 

17 ‘‘Chairpersons and Ranking Members of 

18 the authorizing committees’’; and 

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

20 ‘‘Chairperson’’ and all that follows through 

21 ‘‘House of Representatives’’ and inserting 

22 ‘‘Chairpersons and Ranking Members of 

23 the authorizing committees’’; 

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

25 section 428I(h) (20 U.S.C. 1078–9(h)), by striking 
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1 ‘‘Chairman’’ and all that follows through ‘‘Education 

2 and Labor’’ and inserting ‘‘Chairpersons of the au3 thorizing committees’’; 

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

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

6 ‘‘the Committee on Education and the Work7 force of the House of Representatives or the 

8 Committee on Labor and Human Resources of 

9 the Senate’’ and inserting ‘‘either of the author10 izing committees’’; and 

11 (B) in the matter following subparagraph 

12 (D) of subsection (n)(3), by striking ‘‘Com13 mittee on Education and the Workforce of the 

14 House of Representatives and the Committee 

15 on Labor and Human Resources of the Senate’’ 

16 and inserting ‘‘authorizing committees’’; 

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

18 1087(c)(1)), by striking ‘‘Committee on Education 

19 and the Workforce of the House of Representatives 

20 and the Committee on Labor and Human Resources 

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

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

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

25 ‘‘advise the Chairman’’ and all that follows 
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1 through ‘‘House of Representatives’’ and insert2 ing ‘‘advise the Chairpersons and Ranking 

3 Members of the authorizing committees’’; 

4 (B) in subsection (r)— 

5 (i) in paragraph (3), by striking ‘‘in6 form the Chairman’’ and all that follows 

7 through ‘‘House of Representatives,’’ and 

8 inserting ‘‘inform the Chairpersons and 

9 Ranking Members of the authorizing com10 mittees’’; 

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

12 ‘‘plan, to the Chairman’’ and all that fol13 lows through ‘‘Education and Labor’’ and 

14 inserting ‘‘plan, to the Chairpersons and 

15 Ranking Members of the authorizing com16 mittees’’; 

17 (iii) in paragraph (6)(B)— 

18 (I) by striking ‘‘plan, to the 

19 Chairman’’ and all that follows 

20 through ‘‘House of Representatives’’ 

21 and inserting ‘‘plan, to the Chair22 persons and Ranking Members of the 

23 authorizing committees’’; and 

24 (II) by striking ‘‘Chairmen and 

25 ranking minority members of such 
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1 Committees’’ and inserting ‘‘Chair2 persons and Ranking Members of the 

3 authorizing committees’’; 

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

5 ‘‘implemented to the Chairman’’ and all 

6 that follows through ‘‘House of Represent7 atives, and’’ and inserting ‘‘implemented to 

8 the Chairpersons and Ranking Members of 

9 the authorizing committees, and to’’; and 

10 (v) in the matter preceding subpara11 graph (A) of paragraph (10), by striking 

12 ‘‘days to the Chairman’’ and all that fol13 lows through ‘‘Education and Labor’’ and 

14 inserting ‘‘days to the Chairpersons and 

15 Ranking Members of the authorizing com16 mittees’’; and 

17 (C) in subsection (s)(2)— 

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

19 of subparagraph (A), by striking ‘‘Treas20 ury and to the Chairman’’ and all that fol21 lows through ‘‘House of Representatives’’ 

22 and inserting ‘‘Treasury and to the Chair23 persons and Ranking Members of the au24 thorizing committees’’; and 
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1 (ii) in subparagraph (B), by striking 

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

3 that follows through ‘‘House of Represent4 atives’’ and inserting ‘‘Treasury and to the 

5 Chairpersons and Ranking Members of the 

6 authorizing committees’’; 

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

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

9 and Human Resources of the Senate and the Com10 mittee on Education and the Workforce of the 

11 House of Representatives’’ and inserting ‘‘author12 izing committees’’; 

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

14 striking ‘‘Committee on Labor and Human Re15 sources of the Senate and the Committee on Edu16 cation and Labor of the House of Representatives’’ 

17 and inserting ‘‘authorizing committees’’; 

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

19 striking ‘‘Committee on Labor and Human Re20 sources of the Senate and the Committee on Edu21 cation and the Workforce of the House of Rep22 resentatives’’ and inserting ‘‘authorizing commit23 tees’’; 

24 (15) in section 485 (20 U.S.C. 1092)— 
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1 (A) in subsection (f)(5)(A), by striking 

2 ‘‘Committee on Education and the Workforce of 

3 the House of Representatives and the Com4 mittee on Labor and Human Resources of the 

5 Senate’’ and inserting ‘‘authorizing commit6 tees’’; and 

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

8 ‘‘Committee on Education and the Workforce of 

9 the House of Representatives and the Com10 mittee on Labor and Human Resources of the 

11 Senate’’ and inserting ‘‘authorizing commit12 tees’’; 

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

14 (A) in subsection (e), by striking ‘‘Com15 mittee on Labor and Human Resources of the 

16 Senate and the Committee on Education and 

17 the Workforce of the House of Representatives’’ 

18 and inserting ‘‘authorizing committees’’; and 

19 (B) in subsection (f)(3)— 

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

21 of subparagraph (A), by striking ‘‘Com22 mittee on Labor and Human Resources of 

23 the Senate and the Committee on Edu24 cation and the Workforce of the House of 
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1 Representatives’’ and inserting ‘‘author2 izing committees’’; and 

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

4 of subparagraph (B), by striking ‘‘Com5 mittee on Labor and Human Resources of 

6 the Senate and the Committee on Edu7 cation and the Workforce of the House of 

8 Representatives’’ and inserting ‘‘author9 izing committees’’; 

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

11 (A) in subsection (a)(5), by striking ‘‘Com12 mittee on Labor and Human Resources of the 

13 Senate and the Committee on Education and 

14 the Workforce of the House of Representatives’’ 

15 and inserting ‘‘authorizing committees’’; and 

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

17 preceding clause (i)— 

18 (i) by striking ‘‘Committee on Labor 

19 and Human Resources of the Senate and 

20 the Committee on Education and the 

21 Workforce of the House of Representa22 tives’’ and inserting ‘‘authorizing commit23 tees’’; and 
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1 (ii) by striking ‘‘such Committees’’ 

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

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

5 1098c(a)(5)), by striking ‘‘Chairperson of the Com6 mittee on Labor and Human Resources of the Sen7 ate and the Chairperson of the Committee on Edu8 cation and the Workforce of the House of Rep9 resentatives’’ and inserting ‘‘Chairpersons of the au10 thorizing committees’’; and 

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

12 2(d))— 

13 (A) in paragraph (1), by striking ‘‘Com14 mittee on Labor and Human Resources of the 

15 Senate and the Committee on Education and 

16 the Workforce of the House of Representatives’’ 

17 and inserting ‘‘authorizing committees’’; and 

18 (B) in paragraph (2), by striking ‘‘Com19 mittee on Labor and Human Resources of the 

20 Senate and the Committee on Education and 

21 the Workforce of the House of Representatives’’ 

22 and inserting ‘‘authorizing committees’’. 

23 SEC. 102. GENERAL DEFINITION OF INSTITUTION OF HIGH24 ER EDUCATION. 

25 Section 101 (20 U.S.C. 1001) is amended— 
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1 (1) in subsection (a)(3), by inserting ‘‘, or 

2 awards a degree that is acceptable for admission to 

3 a graduate or professional degree program, subject 

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

5 ‘‘such a degree’’; and 

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

7 the following: 

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

9 institution in any State that, in lieu of the require10 ment in subsection (a)(1), admits as regular stu11 dents persons— 

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

13 484(d)(3); 

14 ‘‘(B) who are beyond the age of compul15 sory school attendance in the State in which the 

16 institution is located; or 

17 ‘‘(C) who will be dually or concurrently en18 rolled in such institution and a secondary 

19 school.’’. 

20 SEC. 103. DEFINITION OF INSTITUTION OF HIGHER EDU21 CATION FOR PURPOSES OF TITLE IV PRO22 GRAMS. 

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

24 (1) in subsection (a)— 
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1 (A) by striking paragraph (2)(A)(i) and in2 serting the following: 

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

4 school located outside the United States— 

5 ‘‘(I) at least 60 percent of those 

6 enrolled in, and at least 60 percent of 

7 the graduates of, the graduate med8 ical school outside the United States 

9 were not persons described in section 

10 484(a)(5) in the year preceding the 

11 year for which a student is seeking a 

12 loan under part B of title IV; and 

13 ‘‘(II) at least 60 percent of the 

14 individuals who were students or 

15 graduates of the graduate medical 

16 school outside the United States or 

17 Canada (both nationals of the United 

18 States and others) taking the exami19 nations administered by the Edu20 cational Commission for Foreign Med21 ical Graduates received a passing 

22 score in the year preceding the year 

23 for which a student is seeking a loan 

24 under part B of title IV; or’’; 
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1 (B) by striking paragraph (3) and insert2 ing the following: 

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

4 An institution shall not be considered to meet the 

5 definition of an institution of higher education in 

6 paragraph (1) if such institution— 

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

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

10 the limitation contained in this subparagraph 

11 for a nonprofit institution that provides a 2- or 

12 4-year program of instruction (or both) for 

13 which the institution awards a bachelor’s de14 gree, or an associate’s degree or a postsec15 ondary diploma, respectively; or 

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

17 more than 50 percent of the students do not 

18 have a secondary school diploma or its recog19 nized equivalent, and does not provide a 2- or 

20 4-year program of instruction (or both) for 

21 which the institution awards a bachelor’s degree 

22 or an associate’s degree, respectively, except 

23 that the Secretary may waive the limitation 

24 contained in this subparagraph if a nonprofit 

25 institution demonstrates to the satisfaction of 
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1 the Secretary that the institution exceeds such 

2 limitation because the institution serves, 

3 through contracts with Federal, State, or local 

4 government agencies, significant numbers of 

5 students who do not have a secondary school di6 ploma or its recognized equivalent.’’; 

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

8 and (6), as paragraphs (5), (6), and (7), re9 spectively; and 

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

11 following: 

12 ‘‘(4) LIMITATIONS BASED ON MODE OF DELIV13 ERY.— 

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

15 not be considered to meet the definition of an 

16 institution of higher education in paragraph (1) 

17 if such institution— 

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

19 such institution’s courses by correspond20 ence, unless the institution is an institution 

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

22 of the Carl D. Perkins Vocational and 

23 Technical Education Act of 1998; or 

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

25 institution’s students in correspondence 
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1 courses, unless the institution is an institu2 tion that meets the definition in such sec3 tion 3(3)(C), except that the Secretary, at 

4 the request of such institution, may waive 

5 the applicability of this subparagraph to 

6 such institution for good cause, as deter7 mined by the Secretary in the case of an 

8 institution of higher education that pro9 vides a 2- or 4-year program of instruction 

10 (or both) for which the institution awards 

11 an associate or baccalaureate degree, re12 spectively. 

13 ‘‘(B) DISTANCE EDUCATION PROGRAM ELI14 GIBILITY.—Notwithstanding subparagraph (A), 

15 an institution of higher education, other than a 

16 foreign institution, that offers education or 

17 training programs principally through distance 

18 education shall be considered to meet the defini19 tion of an institution of higher education in 

20 paragraph (1) if such institution— 

21 ‘‘(i) has been evaluated and deter22 mined (before or after the date of enact23 ment of the Higher Education Amend24 ments of 2005) to have capability to effec25 tively deliver distance education programs 
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1 by an accrediting agency or association 

2 that— 

3 ‘‘(I) is recognized by the Sec4 retary under title IV; and 

5 ‘‘(II) has evaluation of distance 

6 education programs within the scope 

7 of its recognition, as described in sec8 tion 496(n)(3); 

9 ‘‘(ii) is otherwise eligible to participate 

10 in programs authorized under title IV; 

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

12 programs under title IV suspended or ter13 minated within the 5 years preceding the 

14 year for which the determination is made; 

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

16 an audit finding or program review finding 

17 under this Act during the 2 years pre18 ceding the year for which the determina19 tion is made that, following any appeal to 

20 the Secretary, resulted in the institution 

21 being required to repay an amount that is 

22 equal to or greater than 25 percent of the 

23 total funds the institution received under 

24 the programs authorized under title IV for 

25 the most recent award year; and 
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1 ‘‘(v) has met the requirements of sec2 tion 487(d), if applicable. 

3 ‘‘(C) DEFINITION.— 

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

5 as otherwise provided, the term ‘distance 

6 education’ means a course or program that 

7 uses 1 or more of the technologies de8 scribed in clause (ii) to— 

9 ‘‘(I) deliver instruction to stu10 dents who are separated from the in11 structor; and 

12 ‘‘(II) support regular and sub13 stantive interaction between the stu14 dents and the instructor, either syn15 chronously or asynchronously. 

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

17 of clause (i), the technologies used may in18 clude— 

19 ‘‘(I) the Internet; 

20 ‘‘(II) one-way and two-way trans21 missions through open broadcast, 

22 closed circuit, cable, microwave, 

23 broadband lines, fiber optics, satellite, 

24 or wireless communications devices; 

25 ‘‘(III) audio conferencing; or 
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1 ‘‘(IV) video cassette, DVDs, and 

2 CD–ROMs, provided that they are 

3 used in a course in conjunction with 

4 the technologies listed in subclauses 

5 (I) through (III).’’; and 

6 (2) in subsection (b)(1)— 

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

8 ‘‘and’’ after the semicolon; 

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

10 and’’ and inserting a period; and 

11 (C) by striking subparagraph (F). 

12 SEC. 104. PROTECTION OF STUDENT SPEECH AND ASSOCIA13 TION RIGHTS. 

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

15 (1) in subsection (a)— 

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

17 sense’’; and 

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

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

20 ‘‘(A) the diversity of institutions and edu21 cational missions is one of the key strengths of 

22 American higher education; 

23 ‘‘(B) individual colleges and universities have 

24 different missions and each institution should design 
26 

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1 its academic program in accordance with its edu2 cational goals; 

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

4 a college should facilitate the free and open ex5 change of ideas; 

6 ‘‘(D) students should not be intimated, har7 assed, discouraged from speaking out, or discrimi8 nated against; 

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

10 fairly; and 

11 ‘‘(F) nothing in this paragraph shall be con12 strued to modify, change, or infringe upon any con13 stitutionally protected religious liberty, freedom, ex14 pression, or association.’’; and 

15 (2) in subsection (b)(1), by inserting ‘‘, pro16 vided that the imposition of such sanction is done 

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

18 SEC. 105. NATIONAL ADVISORY COMMITTEE ON INSTITU19 TIONAL QUALITY AND INTEGRITY. 

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

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

22 30, 2011’’. 

23 SEC. 106. DRUG AND ALCOHOL ABUSE PREVENTION. 

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

25 subsections (e) and (f) and inserting the following: 
27 

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1 ‘‘(e) GRANTS DIRECTED AT REDUCING HIGHER

2 EDUCATION DRUG AND ALCOHOL ABUSE.— 

3 ‘‘(1) AUTHORIZATION OF PROGRAM.—The Sec4 retary may award grants to eligible entities to enable 

5 the entities to reduce the rate of drug abuse, under6 age alcohol use, and binge drinking among students 

7 at institutions of higher education. 

8 ‘‘(2) APPLICATIONS.—An eligible entity that de9 sires to receive a grant under this subsection shall 

10 submit an application to the Secretary at such time, 

11 in such manner, and accompanied by such informa12 tion as the Secretary may require. Each application 

13 shall include— 

14 ‘‘(A) a description of how the eligible enti15 ty will work to enhance an existing, or where 

16 none exists to build a, statewide coalition; 

17 ‘‘(B) a description of how the eligible enti18 ty will target underage students in the State; 

19 ‘‘(C) a description of how the eligible enti20 ty intends to ensure that the statewide coalition 

21 is actually implementing the purpose described 

22 in paragraph (1) and moving toward the 

23 achievement indicators described in paragraph 

24 (4); 
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1 ‘‘(D) a list of the members of the statewide 

2 coalition or interested parties involved in the 

3 work of the eligible entity; 

4 ‘‘(E) a description of how the eligible enti5 ty intends to work with State agencies on sub6 stance abuse prevention and education; 

7 ‘‘(F) the anticipated impact of funds pro8 vided under this subsection in reducing the 

9 rates of drug abuse and underage alcohol use; 

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

11 which the eligible entity proposes to— 

12 ‘‘(i) reach out to students; 

13 ‘‘(ii) promote the purpose described in 

14 paragraph (1); 

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

16 the students and the surrounding commu17 nities; and 

18 ‘‘(iv) address community norms for 

19 underage students regarding drug abuse 

20 and alcohol use; and 

21 ‘‘(H) such additional information as re22 quired by the Secretary. 

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

24 that receives a grant under this subsection shall use 

25 the grant funds to carry out the activities described 
29 

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1 in such entity’s application submitted pursuant to 

2 paragraph (2). 

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

4 the Secretary first publishes a notice in the Federal 

5 Register soliciting applications for grants under this 

6 subsection, the Secretary shall include in the notice 

7 achievement indicators for the program authorized 

8 under this subsection. The achievement indicators 

9 shall be designed— 

10 ‘‘(A) to measure the impact that the state11 wide coalitions assisted under this subsection 

12 are having on the institutions of higher edu13 cation and the surrounding communities, in14 cluding changes in the number of alcohol and 

15 drug-related abuse incidents of any kind (in16 cluding violations, physical assaults, sexual as17 saults, reports of intimidation, disruptions of 

18 school functions, disruptions of student studies, 

19 mental health referrals, illnesses, or deaths); 

20 ‘‘(B) to measure the quality and accessi21 bility of the programs or information offered by 

22 the statewide coalitions; and 

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

24 program impact as the Secretary determines 

25 appropriate. 
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1 ‘‘(5) SUPPLEMENT NOT SUPPLANT.—Grant 

2 funds provided under this subsection shall be used to 

3 supplement, and not supplant, Federal and non-Fed4 eral funds available for carrying out the activities 

5 described in this subsection. 

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

7 ‘‘(A) ELIGIBLE ENTITY.—The term ‘eligi8 ble entity’ means a State, an institution of 

9 higher education, or a nonprofit entity. 

10 ‘‘(B) INSTITUTION OF HIGHER EDU11 CATION.—The term ‘institution of higher edu12 cation’ has the meaning given the term in sec13 tion 101(a). 

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

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

16 and the Commonwealth of Puerto Rico. 

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

18 ‘statewide coalition’ means a coalition that— 

19 ‘‘(i) includes— 

20 ‘‘(I) institutions of higher edu21 cation within a State; and 

22 ‘‘(II) a nonprofit group, a com23 munity drug abuse or underage drink24 ing prevention coalition, or another 
31 

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1 substance abuse prevention group 

2 within a State; and 

3 ‘‘(ii) works toward lowering the alco4 hol abuse rate by targeting underage stu5 dents at institutions of higher education 

6 throughout the State and in the sur7 rounding communities. 

8 ‘‘(E) SURROUNDING COMMUNITY.—The 

9 term ‘surrounding community’ means the com10 munity— 

11 ‘‘(i) that surrounds an institution of 

12 higher education participating in a state13 wide coalition; 

14 ‘‘(ii) where the students from the in15 stitution of higher education take part in 

16 the community; and 

17 ‘‘(iii) where students from the institu18 tion of higher education live in off-campus 

19 housing. 

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

21 than 5 percent of a grant awarded under this sub22 section may be expended for administrative ex23 penses. 

24 ‘‘(8) AUTHORIZATION OF APPROPRIATIONS.— 

25 There are authorized to be appropriated to carry out 
32 

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1 this subsection such sums as may be necessary for 

2 fiscal year 2006 and each of the 5 succeeding fiscal 

3 years.’’. 

4 SEC. 107. PRIOR RIGHTS AND OBLIGATIONS. 

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

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

7 inserting ‘‘2006’’; and 

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

9 inserting ‘‘2006’’. 

10 SEC. 108. COST OF HIGHER EDUCATION. 

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

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

13 following: 

14 ‘‘(b) COLLEGE CONSUMER INFORMATION.— 

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

16 available to the public, on an annual basis, the infor17 mation described in paragraph (2), in a form that 

18 enables the public to compare the information 

19 among institutions of higher education. Such infor20 mation shall be made available for each of the cat21 egories described in paragraph (3) and updated reg22 ularly. 

23 ‘‘(2) INFORMATION.—The information de24 scribed in this paragraph is the following: 
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1 ‘‘(A) Tuition and fees for a full-time un2 dergraduate student. 

3 ‘‘(B) Cost of attendance for a full-time un4 dergraduate student. 

5 ‘‘(C) The average annual cost of attend6 ance for a full-time undergraduate student for 

7 the 10 academic years preceding the year for 

8 which the information is made available under 

9 this subsection, or if data are not available for 

10 such 10 preceding academic years, data for as 

11 many of such 10 preceding academic years as 

12 are available. 

13 ‘‘(D) The percentage of full-time under14 graduate students receiving financial assistance, 

15 including— 

16 ‘‘(i) Federal grants; 

17 ‘‘(ii) State and local grants; 

18 ‘‘(iii) institutional grants; and 

19 ‘‘(iv) loans to students. 

20 ‘‘(E) The percentage of students success21 fully transferring academic credit from another 

22 institution of higher education. 

23 ‘‘(F) Information regarding students who 

24 have completed an undergraduate certificate or 
34 

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1 degree program and who are placed in employ2 ment. 

3 ‘‘(G) Information regarding students who 

4 have completed an undergraduate degree and 

5 who enroll in graduate education. 

6 ‘‘(H) A ranking of the dollar and percent7 age increases in tuition for all institutions of 

8 higher education for which data are available, 

9 disaggregated by quartiles. 

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

11 this paragraph are as follows: 

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

13 ‘‘(B) 4-year public, degree-granting, insti14 tutions of higher education. 

15 ‘‘(C) 2-year public, degree-granting, insti16 tutions of higher education. 

17 ‘‘(D) 4-year, nonprofit, private, degree18 granting institutions of higher education. 

19 ‘‘(E) 2-year, nonprofit, private, degree20 granting institutions of higher education. 

21 ‘‘(F) 4-year, for-profit, private, degree22 granting institutions of higher education. 

23 ‘‘(G) 2-year, for-profit, private, degree24 granting institutions of higher education. 
35 

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

2 this section, the Secretary shall use the standard 

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

4 (2) in subsection (c)— 

5 (A) in paragraph (1), by inserting ‘‘be con6 ducted on an annual basis and’’ after ‘‘Such 

7 study shall’’; 

8 (B) in paragraph (2)— 

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

10 ‘‘and’’ after the semicolon; 

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

12 the period and inserting a semicolon; and 

13 (iii) by adding at the end the fol14 lowing: 

15 ‘‘(D) the average cost of attending an in16 stitution of higher education, disaggregated by 

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

18 institution of higher education; 

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

20 an institution of higher education for the 10 

21 academic years preceding the year for which the 

22 study is conducted (if available), disaggregated 

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

24 of institution of higher education; and 
36 

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1 ‘‘(F) the assistance provided to institutions 

2 of higher education by each State, which infor3 mation the Secretary shall make available to 

4 the public.’’; 

5 (C) in paragraph (3)— 

6 (i) in the paragraph heading, by strik7 ing ‘‘FINAL’’ and inserting ‘‘ANNUAL’’; 

8 (ii) by striking ‘‘a report’’ and insert9 ing ‘‘an annual report’’; and 

10 (iii) by striking ‘‘not later than Sep11 tember 30, 2002’’; and 

12 (D) by striking paragraph (4) and insert13 ing the following: 

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

15 Bureau of Labor Statistics, in consultation with the 

16 Commissioner of Education Statistics, shall develop 

17 a higher education cost index that tracks inflation 

18 changes in the relevant costs associated with higher 

19 education.’’. 

20 SEC. 109. PERFORMANCE-BASED ORGANIZATION FOR THE 

21 DELIVERY OF FEDERAL STUDENT FINANCIAL 

22 ASSISTANCE. 

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

24 (1) in subsection (a)— 
37 

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1 (A) in paragraph (1), by striking ‘‘oper2 ational’’ and inserting ‘‘administrative and 

3 oversight’’; and 

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

5 the operational functions’’ and inserting ‘‘and 

6 administration’’; 

7 (2) in subsection (b)— 

8 (A) in paragraph (1)— 

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

10 ‘‘the information systems administered by 

11 the PBO, and other functions performed 

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

13 student financial assistance programs au14 thorized under title IV’’; and 

15 (ii) by striking subparagraph (C) and 

16 inserting the following: 

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

18 identifying goals for— 

19 ‘‘(i) the administration of the systems 

20 used to administer the Federal student fi21 nancial assistance programs authorized 

22 under title IV; and 

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

24 current technology.’’; and 

25 (B) in paragraph (2)— 
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1 (i) in the matter preceding subpara2 graph (A), by striking ‘‘administration of 

3 the information and financial systems that 

4 support’’ and inserting ‘‘the administration 

5 of Federal’’; 

6 (ii) in subparagraph (A)— 

7 (I) in the matter preceding clause 

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

9 for Federal student assistance’’ and 

10 inserting ‘‘for the Federal student as11 sistance programs authorized under 

12 title IV’’; 

13 (II) by striking clauses (i) and 

14 (ii) and inserting the following: 

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

16 transmission of data to students, institu17 tions, lenders, State agencies, and other 

18 authorized parties; 

19 ‘‘(ii) the design and technical speci20 fications for software development and pro21 curement for systems supporting the stu22 dent financial assistance programs author23 ized under title IV;’’; 
39 

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

2 ‘‘delivery’’ and inserting ‘‘administra3 tion’’; 

4 (IV) in clause (iv)— 

5 (aa) by inserting ‘‘the’’ after 

6 ‘‘supporting’’; and 

7 (bb) by striking ‘‘and’’ after 

8 the semicolon; 

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

10 ‘‘systems that support those pro11 grams.’’ and inserting ‘‘the adminis12 tration of the Federal student assist13 ance programs authorized under title 

14 IV; and’’; and 

15 (VI) by adding at the end the fol16 lowing: 

17 ‘‘(vi) ensuring the integrity of the stu18 dent assistance programs authorized under 

19 title IV.’’; and 

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

21 ‘‘operations and services’’ and inserting 

22 ‘‘activities and functions’’; and 

23 (3) in subsection (c)— 

24 (A) in paragraph (1)(C)— 
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1 (i) in clause (iii), by striking ‘‘infor2 mation and delivery’’; and 

3 (ii) in clause (iv)— 

4 (I) by striking ‘‘Developing an’’ 

5 and inserting ‘‘Developing’’; and 

6 (II) by striking ‘‘delivery and in7 formation system’’ and inserting ‘‘sys8 tems’’; 

9 (B) in paragraph (2)— 

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

11 ‘‘the’’ after ‘‘PBO and’’; and 

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

13 ‘‘Officer’’ and inserting ‘‘Officers’’; and 

14 (C) in paragraph (3), by inserting ‘‘stu15 dents,’’ after ‘‘consult with’’; 

16 (4) in subsection (d)— 

17 (A) in paragraph (1), by striking the sec18 ond sentence; and 

19 (B) in paragraph (5)— 

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

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

22 (4)’’; and 

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

24 ‘‘this’’; 

25 (5) in subsection (f)— 
41 

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1 (A) in paragraph (2), by striking ‘‘to bor2 rowers’’ and inserting ‘‘to students, bor3 rowers,’’; and 

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

5 ‘‘(1)(A)’’ and inserting ‘‘(1)’’; 

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

7 than 25’’; 

8 (7) in subsection (h), by striking ‘‘organiza9 tional effectiveness’’ and inserting ‘‘effectiveness’’; 

10 (8) by striking subsection (i); 

11 (9) by redesignating subsection (j) as sub12 section (i); and 

13 (10) in subsection (i) (as redesignated by para14 graph (9)), by striking ‘‘, including transition costs’’. 

15 SEC. 110. PROCUREMENT FLEXIBILITY. 

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

17 (1) in subsection (b)— 

18 (A) in paragraph (1)— 

19 (i) by striking ‘‘for information sys20 tems supporting the programs authorized 

21 under title IV’’; and 

22 (ii) by striking ‘‘and’’ after the semi23 colon; 

24 (B) in paragraph (2), by striking the pe25 riod at the end and inserting ‘‘; and’’; and 
42 

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

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

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

4 utilize procurement systems that streamline op5 erations, improve internal controls, and enhance 

6 management; and 

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

8 and assess such systems’ ability to meet PBO 

9 requirements.’’; 

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

11 the following: 

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

13 Chief Operating Officer shall, when appropriate and 

14 consistent with the purposes of the PBO, acquire 

15 services related to the functions set forth in section 

16 141(b)(2) from any entity that has the capability 

17 and capacity to meet the requirements set by the 

18 PBO. The Chief Operating Officer is authorized to 

19 pay fees that are equivalent to those paid by other 

20 entities to an organization that provides services 

21 that meet the requirements of the PBO, as deter22 mined by the Chief Operating Officer.’’; 

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

24 Federal Government contracts’’; 

25 (4) in subsection (g)— 
43 

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1 (A) in paragraph (4)(A)— 

2 (i) in the subparagraph heading, by 

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

4 ‘‘SINGLE-SOURCE BASIS.—’’; and 

5 (ii) by striking ‘‘sole-source’’ and in6 serting ‘‘single-source’’; and 

7 (B) in paragraph (7), by striking ‘‘sole8 source’’ and inserting ‘‘single-source’’; 

9 (5) in subsection (h)(2)(A), by striking ‘‘sole10 source’’ and inserting ‘‘single-source’’; and 

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

12 and inserting the following: 

13 ‘‘(3) SINGLE-SOURCE BASIS.—The term ‘single14 source basis’, with respect to an award of a contract, 

15 means that the contract is awarded to a source after 

16 soliciting an offer or offers from, and negotiating 

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

18 the only source in the marketplace capable of meet19 ing the need) because such source is the most advan20 tageous source for purposes of the award.’’. 
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1 TITLE II—TEACHER QUALITY 

2 ENHANCEMENT 

3 SEC. 201. TEACHER QUALITY ENHANCEMENT GRANTS FOR 

4 STATES AND PARTNERSHIPS. 

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

6 to read as follows: 

7 ‘‘PART A—TEACHER QUALITY ENHANCEMENT 

8 GRANTS FOR STATES AND PARTNERSHIPS 

9 ‘‘SEC. 201. PURPOSES; DEFINITIONS. 

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

11 ‘‘(1) improve student achievement; 

12 ‘‘(2) improve the quality of the current and fu13 ture teaching force by improving the preparation of 

14 prospective teachers and enhancing professional de15 velopment activities; 

16 ‘‘(3) hold institutions of higher education ac17 countable for preparing highly qualified teachers; 

18 and 

19 ‘‘(4) recruit qualified individuals, including mi20 norities and individuals from other occupations, into 

21 the teaching force. 

22 ‘‘(b) DEFINITIONS.—In this part: 

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

24 sciences’ means— 
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1 ‘‘(A) when referring to an organizational 

2 unit of an institution of higher education, any 

3 academic unit that offers 1 or more academic 

4 majors in disciplines or content areas cor5 responding to the academic subject areas in 

6 which teachers provide instruction; and 

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

8 subject area, the disciplines or content areas in 

9 which academic majors are offered by the arts 

10 and sciences organizational unit. 

11 ‘‘(2) CHILDREN FROM LOW-INCOME FAMI12 LIES.—The term ‘children from low-income families’ 

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

14 of the Elementary and Secondary Education Act of 

15 1965. 

16 ‘‘(3) EARLY CHILDHOOD EDUCATION PRO17 GRAM.—The term ‘early childhood education pro18 gram’ means a Head Start program or an Early 

19 Head Start program carried out under the Head 

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

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

22 prekindergarten program that serves children from 

23 birth through kindergarten and that addresses the 

24 children’s cognitive (including language, early lit-
46 

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1 eracy, and pre-numeracy), social, emotional, and 

2 physical development. 

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

4 term ‘early childhood educator’ means an individual 

5 with primary responsibility for the education of chil6 dren in an early childhood education program. 

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

8 term ‘educational service agency’ has the meaning 

9 given such term in section 9101 of the Elementary 

10 and Secondary Education Act of 1965. 

11 ‘‘(6) EXEMPLARY TEACHER.—The term ‘exem12 plary teacher’ has the meaning given such term in 

13 section 9101 of the Elementary and Secondary Edu14 cation Act of 1965. 

15 ‘‘(7) HIGH-NEED LOCAL EDUCATIONAL AGEN16 CY.—The term ‘high-need local educational agency’ 

17 means a local educational agency or educational 

18 service agency— 

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

20 children from low-income families; 

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

22 the children served by the agency are children 

23 from low-income families; or 

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

25 in average daily attendance at the schools that 
47 

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1 are served by the agency and all of whose 

2 schools are designated with a school locale code 

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

4 ‘‘(B)(i) for which there is a high percent5 age of teachers not teaching in the academic 

6 subject areas or grade levels in which the teach7 ers were trained to teach; or 

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

9 turnover rate or a high percentage of teachers 

10 with emergency, provisional, or temporary cer11 tification or licensure. 

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

13 qualified’ has the meaning given such term in sec14 tion 9101 of the Elementary and Secondary Edu15 cation Act of 1965 and, with respect to special edu16 cation teachers, in section 602 of the Individuals 

17 with Disabilities Education Act. 

18 ‘‘(9) PROFESSIONAL DEVELOPMENT.—The 

19 term ‘professional development’ has the meaning 

20 given such term in section 9101 of the Elementary 

21 and Secondary Education Act of 1965. 

22 ‘‘(10) SCIENTIFICALLY BASED READING RE23 SEARCH.—The term ‘scientifically based reading re24 search’ has the meaning given such term in section 
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1 1208 of the Elementary and Secondary Education 

2 Act of 1965. 

3 ‘‘(11) SCIENTIFICALLY BASED RESEARCH.— 

4 The term ‘scientifically based research’ has the 

5 meaning given such term in section 9101 of the Ele6 mentary and Secondary Education Act of 1965. 

7 ‘‘(12) TEACHER MENTORING.—The term 

8 ‘teacher mentoring’ means mentoring of teachers 

9 through an established or implemented program— 

10 ‘‘(A) that includes qualifications for men11 tors; 

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

13 ‘‘(C) that provides regular and ongoing op14 portunities for mentors and mentees to observe 

15 each other’s teaching methods in classroom set16 tings during the school day; 

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

18 a colleague who teaches in the same field, 

19 grade, or subject as the mentee; and 

20 ‘‘(E) that includes— 

21 ‘‘(i) common planning time or regu22 larly scheduled collaboration with teachers 

23 in the teachers’ same field, grade, or sub24 ject area; and 
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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 
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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 
51 

•S 1614 RS 

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; 
52 

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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; 
53 

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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 
54 

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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 
55 

•S 1614 RS 

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. 
56 

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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 
57 

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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 
58 

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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.— 
59 

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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-
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•S 1614 RS 

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 
61 

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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; 
62 

•S 1614 RS 

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; 
63 

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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— 
64 

•S 1614 RS 

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 
65 

•S 1614 RS 

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— 
66 

•S 1614 RS 

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— 
67 

•S 1614 RS 

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 
68 

•S 1614 RS 

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-
69 

•S 1614 RS 

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). 
70 

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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. 
71 

•S 1614 RS 

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. 
72 

•S 1614 RS 

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. 
73 

•S 1614 RS 

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— 
74 

•S 1614 RS 

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— 
75 

•S 1614 RS 

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; 
76 

•S 1614 RS 

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); 
77 

•S 1614 RS 

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; 
78 

•S 1614 RS 

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.— 
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•S 1614 RS 

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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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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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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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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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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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 
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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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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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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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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 
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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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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 
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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 
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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)— 
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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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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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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— 
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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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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 
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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-
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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. 
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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- 
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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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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. 
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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— 
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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: 
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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-
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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; 
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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 
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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)— 
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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 
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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’’. 
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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-
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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 ‘‘,’’; 
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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 
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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 
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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— 
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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-
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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. 
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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— 
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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; 
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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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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; 
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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-
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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 
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1 ‘‘(C) offers courses in educational pro2 grams leading to a degree, certificate, or other 

3 recognized educational credential. 

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

6 respect to whom an 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: 
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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); 
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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— 
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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; 
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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 
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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-
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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; 
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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))— 
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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— 
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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); 
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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; 
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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.’’; 
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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); 
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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))— 
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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: 
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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 
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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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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.’’. 
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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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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:— 
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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— 
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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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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-
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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;’’. 
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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 
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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; 
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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; 
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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: 
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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 
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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— 
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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; 
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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-
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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— 
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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. 
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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)’’. 
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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’’. 
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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).’’. 
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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.’’. 
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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 
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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 
186 

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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. 
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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 
188 

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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: 
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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-
190 

•S 1614 RS 

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 
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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 
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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. 
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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-
194 

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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.— 
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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 
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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 
197 

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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-
198 

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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; 
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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 
200 

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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: 
201 

•S 1614 RS 

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 
202 

•S 1614 RS 

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 
203 

•S 1614 RS 

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. 
204 

•S 1614 RS 

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’’; 
205 

•S 1614 RS 

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; 
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•S 1614 RS 

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)’’; 
207 

•S 1614 RS 

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.’’. 
208 

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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 
209 

•S 1614 RS 

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— 
210 

•S 1614 RS 

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-
211 

•S 1614 RS 

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— 
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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 
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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))’’; 
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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 
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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— 
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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: 
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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, 
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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 
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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 
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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, 
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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 
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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 
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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: 
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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).’’. 
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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— 
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•S 1614 RS 

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 
227 

•S 1614 RS 

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; 
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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-
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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). 
230 

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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). 
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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-
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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.— 
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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 
234 

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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). 
235 

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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-
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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 
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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). 
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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. 
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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), 
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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 
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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 
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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-
243 

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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 
244 

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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 
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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-
246 

•S 1614 RS 

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-
247 

•S 1614 RS 

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: 
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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-
249 

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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
250 

•S 1614 RS 

1 ASSISTANCE UNDER THIS TITLE’’ after 

2 ‘‘POSSESSION OF A CONTROLLED SUB3 STANCE’’; and 

4 (C) by redesignating paragraph (3) as 

5 paragraph (4); and 

6 (D) by inserting after paragraph (2) the 

7 following: 

8 ‘‘(2) INTERACTION WITH FAFSA.—The Sec9 retary shall not require a student to provide infor10 mation regarding the student’s possession of a con11 trolled substance on the Free Application for Fed12 eral Student Aid described in section 483(a).’’. 

13 SEC. 485. STATUTE OF LIMITATIONS AND STATE COURT 

14 JUDGMENTS. 

15 Section 484A (20 U.S.C. 1091a) is amended— 

16 (1) in subsection (b)— 

17 (A) in paragraph (1), by striking ‘‘and’’ 

18 after the semicolon; 

19 (B) in paragraph (2), by striking the pe20 riod and inserting ‘‘; and’’; and 

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

22 ‘‘(3) in collecting any obligation arising from a 

23 loan made under part E of this title, an institution 

24 of higher education that has an agreement with the 

25 Secretary pursuant to section 463(a) shall not be 
251 

•S 1614 RS 

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: 
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•S 1614 RS 

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.’’. 
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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 
254 

•S 1614 RS 

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 
255 

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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 
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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 
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•S 1614 RS 

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 
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•S 1614 RS 

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 
259 

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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). 
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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-
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•S 1614 RS 

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 
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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 
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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 
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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 
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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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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 
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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— 
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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: 
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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 
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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-
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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 
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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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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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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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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-
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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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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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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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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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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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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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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.— 

22 There 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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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 
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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: 
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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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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 
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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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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.— 

21 The Secretary’’ and inserting ‘‘FUNDING

22 RULES.— 

23 ‘‘(1) THE SECRETARY.—The Secretary’’; 

24 (B) by striking ‘‘10’’ and inserting ‘‘20’’; 

25 and 
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1 (C) by adding at the end the following: 

2 ‘‘(2) GRANTEES.—Of the total amount of grant 

3 funds awarded to a grantee under this section, the 

4 grantee may use not more than 10 percent of such 

5 funds for the activity described in subsection 

6 (a)(2)(I).’’. 

7 SEC. 604. RESEARCH; STUDIES. 

8 Section 605(a) (20 U.S.C. 1125(a)) is amended— 

9 (1) in paragraph (8), by striking ‘‘and’’ after 

10 the semicolon; 

11 (2) in paragraph (9), by striking the period and 

12 inserting a semicolon; and 

13 (3) by adding at the end the following: 

14 ‘‘(10) evaluation of the extent to which pro15 grams assisted under this title reflect diverse and 

16 balanced perspectives and generate debate on world 

17 regions and international affairs; 

18 ‘‘(11) the systematic collection, analysis, and 

19 dissemination of data that contribute to achieving 

20 the purposes of this part; and 

21 ‘‘(12) support for programs or activities to 

22 make data collected, analyzed, or disseminated under 

23 this section publicly available and easy to under24 stand.’’. 
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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. 
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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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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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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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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 
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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.— 

15 The eligible’’ and inserting ‘‘MATCHING

16 FUNDS.— 

17 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

18 the eligible’’; and 

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

20 ‘‘(2) WAIVER.—The Secretary may waive the 

21 requirement of paragraph (1) for an eligible recipi22 ent if the Secretary determines such waiver is appro23 priate.’’. 

24 SEC. 613. INSTITUTIONAL DEVELOPMENT. 

25 Section 622 (20 U.S.C. 1131–1) is amended— 
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1 (1) in subsection (a)— 

2 (A) by striking ‘‘Tribally Controlled Col3 leges or Universities’’ and inserting ‘‘tribally 

4 controlled colleges or universities’’; and 

5 (B) by striking ‘‘international affairs pro6 grams.’’ and inserting ‘‘international affairs, 

7 international business, and foreign language 

8 study programs, including the teaching of for9 eign languages, at such colleges, universities, 

10 and institutions, respectively, through increased 

11 collaboration with institutions of higher edu12 cation that receive funding under this title.’’; 

13 and 

14 (2) in subsection (c)— 

15 (A) by striking paragraphs (1) and (3); 

16 and 

17 (B) by redesignating paragraphs (2) and 

18 (4) as paragraphs (1) and (2), respectively. 

19 SEC. 614. STUDY ABROAD PROGRAM. 

20 Section 623(a) (20 U.S.C. 1131a(a)) is amended— 

21 (1) by striking ‘‘as defined in section 322 of 

22 this Act’’; and 

23 (2) by striking ‘‘tribally controlled Indian com24 munity colleges as defined in the Tribally Controlled 
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1 Community College Assistance Act of 1978’’ and in2 serting ‘‘tribally controlled colleges or universities’’. 

3 SEC. 615. ADVANCED DEGREE IN INTERNATIONAL RELA4 TIONS. 

5 Section 624 (20 U.S.C. 1131b) is amended— 

6 (1) in the section heading, by striking ‘‘MAS7 TERS’’ and inserting ‘‘ADVANCED’’; 

8 (2) in the first sentence, by inserting ‘‘, and in 

9 exceptional circumstances, a doctoral degree,’’ after 

10 ‘‘masters degree’’; 

11 (3) in the second sentence, by striking ‘‘masters 

12 degree’’ and inserting ‘‘advanced degree’’; and 

13 (4) in the fourth sentence, by striking ‘‘United 

14 States’’ and inserting ‘‘United States.’’. 

15 SEC. 616. INTERNSHIPS. 

16 Section 625 (20 U.S.C. 1131c) is amended— 

17 (1) in subsection (a)— 

18 (A) by striking ‘‘as defined in section 322 

19 of this Act’’; 

20 (B) by striking ‘‘tribally controlled Indian 

21 community colleges as defined in the Tribally 

22 Controlled Community College Assistance Act 

23 of 1978’’ and inserting ‘‘tribally controlled col24 leges or universities’’; 
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1 (C) by striking ‘‘an international’’ and in2 serting ‘‘international,’’; and 

3 (D) by striking ‘‘the United States Infor4 mation Agency’’ and inserting ‘‘the Department 

5 of State’’; and 

6 (2) in subsection (c)(1)— 

7 (A) in subparagraph (E), by inserting 

8 ‘‘and’’ after the semicolon; 

9 (B) in subparagraph (F), by striking ‘‘; 

10 and’’ and inserting a period; and 

11 (C) by striking subparagraph (G). 

12 SEC. 617. FINANCIAL ASSISTANCE. 

13 Part C of title VI (20 U.S.C. 1131 et seq.) is further 

14 amended— 

15 (1) by redesignating sections 626, 627, and 628 

16 as sections 627, 628, and 629, respectively; and 

17 (2) by inserting after section 625 the following: 

18 ‘‘SEC. 626. FINANCIAL ASSISTANCE. 

19 ‘‘(a) AUTHORITY.—The Institute may provide finan20 cial assistance, in the form of summer stipends described 

21 in subsection (b) and Ralph Bunche scholarship assistance 

22 described in subsection (c), to needy students to facilitate 

23 the participation of the students in the Institute’s pro24 grams under this part. 

25 ‘‘(b) SUMMER STIPENDS.— 
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1 ‘‘(1) REQUIREMENTS.—A student receiving a 

2 summer stipend under this section shall use such sti3 pend to defray the student’s cost of participation in 

4 a summer institute program funded under this part, 

5 including the costs of travel, living, and educational 

6 expenses necessary for the student’s participation in 

7 such program. 

8 ‘‘(2) AMOUNT.—A summer stipend awarded to 

9 a student under this section shall not exceed $3,000 

10 per summer. 

11 ‘‘(c) RALPH BUNCHE SCHOLARSHIP.— 

12 ‘‘(1) REQUIREMENTS.—A student receiving a 

13 Ralph Bunche scholarship under this section— 

14 ‘‘(A) shall be a full-time student at an in15 stitution of higher education who is accepted 

16 into a program funded under this part; and 

17 ‘‘(B) shall use such scholarship to pay 

18 costs related to the cost of attendance, as de19 fined in section 472, at the institution of higher 

20 education in which the student is enrolled. 

21 ‘‘(2) AMOUNT AND DURATION.—A Ralph 

22 Bunche scholarship awarded to a student under this 

23 section shall not exceed $5,000 per academic year.’’. 
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1 SEC. 618. REPORT. 

2 Section 627 (as redesignated by section 617(1)) (20 

3 U.S.C. 1131d) is amended by striking ‘‘annually’’ and in4 serting ‘‘biennially’’. 

5 SEC. 619. GIFTS AND DONATIONS. 

6 Section 628 (as redesignated by section 617(1)) (20 

7 U.S.C. 1131e) is amended by striking ‘‘annual report de8 scribed in section 626’’ and inserting ‘‘biennial report de9 scribed in section 627’’. 

10 SEC. 620. AUTHORIZATION OF APPROPRIATIONS FOR THE 

11 INSTITUTE FOR INTERNATIONAL PUBLIC 

12 POLICY. 

13 Section 629 (as redesignated by section 617(1)) (20 

14 U.S.C. 1131f) is amended by striking ‘‘$10,000,000 for 

15 fiscal year 1999’’ and all that follows through the period 

16 and inserting ‘‘such sums as may be necessary for fiscal 

17 year 2006 and each of the 5 succeeding fiscal years.’’. 

18 SEC. 621. DEFINITIONS. 

19 Section 631 (20 U.S.C. 1132) is amended— 

20 (1) by redesignating paragraphs (2), (3), (4), 

21 (5), (6), (7), (8), and (9), as paragraphs (8), (5), 

22 (9), (2), (11), (3), (7), and (4), respectively; 

23 (2) in paragraph (2), as redesignated by para24 graph (1), by striking ‘‘comprehensive language and 

25 area center’’ and inserting ‘‘comprehensive foreign 

26 language and area or international studies center’’; 
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1 (3) in paragraph (11), as redesignated by para2 graph (1), by striking ‘‘undergraduate language and 

3 area center’’ and inserting ‘‘undergraduate foreign 

4 language and area or international studies center’’; 

5 (4) in paragraph (3), as redesignated by para6 graph (1), by striking the first occurrence of the 

7 term ‘‘critical languages’’ and inserting ‘‘critical for8 eign languages’’; 

9 (5) in paragraph (7), as redesignated by para10 graph (1), by striking ‘‘and’’ after the semicolon; 

11 (6) in paragraph (4), as redesignated by para12 graph (1), by striking the period at the end and in13 serting a semicolon; 

14 (7) by inserting after paragraph (5), as redesig15 nated by paragraph (1), the following: 

16 ‘‘(6) the term ‘historically Black college and 

17 university’ has the meaning given the term ‘part B 

18 institution’ in section 322;’’; and 

19 (8) by inserting after paragraph (9), as redesig20 nated by paragraph (1), the following: 

21 ‘‘(10) the term ‘tribally controlled college or 

22 university’ has the meaning given the term in sec23 tion 2 of the Tribally Controlled College or Univer24 sity Assistance Act of 1978 (25 U.S.C. 1801); and’’. 
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1 SEC. 622. ASSESSMENT AND ENFORCEMENT. 

2 Part D of title VI (20 U.S.C. 1132) is amended by 

3 adding at the end the following: 

4 ‘‘SEC. 632. ASSESSMENT; ENFORCEMENT; RULE OF CON5 STRUCTION. 

6 ‘‘(a) IN GENERAL.—The Secretary is authorized to 

7 assess and ensure compliance with all the conditions and 

8 terms of grants provided under this title. If a complaint 

9 regarding activities funded under this title is not resolved 

10 under the process outlined in the relevant grantee’s appli11 cation, and such complaint is filed with the Department, 

12 the Secretary shall be notified, and is authorized, when 

13 circumstances warrant, to immediately suspend future 

14 funding for the grant pending resolution of such dispute. 

15 Such resolution shall not exceed 60 days. The Secretary 

16 shall take the outcomes of such complaints into account 

17 when determining the renewal of grants. 

18 ‘‘(b) RULE OF CONSTRUCTION.—Nothing in this title 

19 shall be construed to authorize the Secretary to mandate, 

20 direct, or control an institution of higher education’s spe21 cific instructional content, curriculum, or program of in22 struction. 

23 ‘‘SEC. 633. EVALUATION, OUTREACH, AND INFORMATION. 

24 ‘‘The Secretary may use not more than 1 percent of 

25 the funds made available under this title to carry out pro26 gram evaluation, national outreach, and information dis-
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1 semination activities relating to the programs authorized 

2 under this title.’’. 

3 TITLE VII—GRADUATE AND 

4 POSTSECONDARY IMPROVE5 MENT PROGRAMS 

6 SEC. 701. PURPOSE. 

7 Section 700(1)(B)(i) (20 U.S.C. 1133(1)(B)(i)) is 

8 amended by inserting ‘‘, including those areas critical to 

9 United States national and homeland security needs such 

10 as mathematics, science, and engineering’’ before the 

11 semicolon at the end. 

12 SEC. 702. ALLOCATION OF JACOB K. JAVITS FELLOWSHIPS. 

13 Section 702(a)(1) (20 U.S.C. 1134a(a)(1)) is amend14 ed to read as follows: 

15 ‘‘(1) APPOINTMENT.— 

16 ‘‘(A) IN GENERAL.—The Secretary shall 

17 appoint a Jacob K. Javits Fellows Program 

18 Fellowship Board (referred to in this subpart as 

19 the ‘Board’) consisting of 9 individuals rep20 resentative of both public and private institu21 tions of higher education who are especially 

22 qualified to serve on the Board. 

23 ‘‘(B) QUALIFICATIONS.—In making ap24 pointments under subparagraph (A), the Sec25 retary shall— 
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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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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-
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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 
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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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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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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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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 
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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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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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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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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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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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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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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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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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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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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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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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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— 
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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 
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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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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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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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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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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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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-
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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; 
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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 
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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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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 
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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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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 
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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 
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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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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)— 
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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-
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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— 
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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 
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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: 
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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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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) 
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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 
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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’’. 
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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)— 
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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: 
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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 
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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— 
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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.’’. 
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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’’. 
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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: 
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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: 
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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’’; 
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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’’. 
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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 
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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 
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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): 
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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. 
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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’’. 
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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’’; 
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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.— 
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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 
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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) 
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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. 
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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: 
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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’’. 
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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 
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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 
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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. 
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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: 
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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-
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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).’’. 
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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 
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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— 
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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 
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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) 
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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: 
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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.’’. 
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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.’’. 
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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’’. 

5 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

7 ‘‘Higher Education Amendments of 2005’’. 

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

9 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. References. 

Sec. 3. General effective date. 

TITLE I—GENERAL PROVISIONS 

Sec. 101. 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. 
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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. Requirements for disbursement of student loans. 

Sec. 426. Reports to credit bureaus and institutions of higher education. 

Sec. 427. Common forms and formats. 

Sec. 428. Student loan information by eligible borrowers. 

Sec. 429. Consumer education information. 

Sec. 430. Definition of eligible lender. 

Sec. 431. 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. 

Sec. 464. Federal capital contribution recovery. 

PART F—NEED ANALYSIS

Sec. 471. Cost of attendance. 

Sec. 472. Discretion of student financial aid administrators. 

Sec. 473. Definitions. 
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PART G—GENERAL PROVISIONS RELATING TO STUDENT ASSISTANCE

Sec. 481. Definitions. 

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. 

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. 

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. 
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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. 

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. Repeal of 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. Miscellaneous. 

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

SUBPART 2—NAVAJO HIGHER EDUCATION

Sec. 945. Short title. 

Sec. 946. Reauthorization of Navajo Community College Act. 

TITLE X—RECONCILIATION 

PART A—EDUCATION PROVISIONS

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. Recovery 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. Special allowances. 

Sec. 1016. Origination fee. 

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

Sec. 1018. Family contribution for dependent students. 

Sec. 1019. Family contribution for independent students without dependents other 

than a spouse. 

Sec. 1020. Family contribution for independent students with dependents other 

than a spouse. 

Sec. 1021. Regulations; updated tables. 

Sec. 1022. Simplified need test and automatic zero improvements. 

Sec. 1023. Loan forgiveness for teachers. 

Sec. 1024. Effective date. 
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PART B—HURRICANE KATRINA HIGHER EDUCATION RECOVERY

Sec. 1051. Short title. 

Sec. 1052. Definitions. 

Sec. 1053. Waiver authority and modifications to certain provisions of the Higher Education Act of 1965. 

Sec. 1054. General waiver authority and required consultation. 

Sec. 1055. Notice of waivers, modifications, or extensions. 

Sec. 1056. Regulatory requirements inapplicable. 

Sec. 1057. Department of Education Inspector General audit and report. 

Sec. 1058. Sunset provision. 

1 SEC. 2. REFERENCES. 

2 Except as otherwise expressly provided, whenever in 

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

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

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

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

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

8 SEC. 3. GENERAL EFFECTIVE DATE. 

9 Except as otherwise provided in this Act or the amend10 ments made by this Act, the amendments made by this Act 

11 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— 

16 (1) by redesignating paragraphs (1) through (16) 

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

18 (2) by inserting before paragraph (2) (as redesig19 nated by paragraph (1)) the following: 
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1 ‘‘(1) AUTHORIZING COMMITTEES.—The term ‘au2 thorizing committees’ means the Committee on 

3 Health, Education, Labor, and Pensions of the Senate 

4 and the Committee on Education and the Workforce 

5 of the House of Representatives.’’. 

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

7 1001 et seq.) is amended— 

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

9 1015(a)(3)(B)), by striking ‘‘Committee on Labor and 

10 Human Resources of the Senate and the Committee 

11 on Education and the Workforce of the House of Rep12 resentatives’’ and inserting ‘‘authorizing committees’’; 

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

14 1018(d)(4)(B)), by striking ‘‘Committee on Education 

15 and the Workforce of the House of Representatives 

16 and the Committee on Labor and Human Resources 

17 of the Senate’’ and inserting ‘‘authorizing commit18 tees’’; 

19 (3) in section 207(c)(1) (20 U.S.C. 1027(c)(1)), 

20 by striking ‘‘Committee on Labor and Human Re21 sources of the Senate and the Committee on Edu22 cation and the Workforce of the House of Representa23 tives’’ and inserting ‘‘authorizing committees’’; 

24 (4) in section 401(f)(3) (20 U.S.C. 1070a(f)(3)), 

25 by striking ‘‘to the Committee on Appropriations’’ 
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1 and all that follows through ‘‘House of Representa2 tives’’ and inserting ‘‘to the Committee on Appropria3 tions of the Senate, the Committee on Appropriations 

4 of the House of Representatives, and the authorizing 

5 committees’’; 

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

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

8 ‘‘House Committee on Education and the Work9 force and the Senate Committee on Labor and 

10 Human Resources’’ and inserting ‘‘authorizing 

11 committees’’; 

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

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

14 Labor and Human Resources of the Senate and 

15 the Committee on Education and the Workforce 

16 of the House of Representatives’’ and inserting 

17 ‘‘authorizing committees’’; and 

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

19 Education and the Workforce of the House of 

20 Representatives and the Committee on Labor 

21 and Human Resources of the Senate’’ and insert22 ing ‘‘authorizing committees’’; 

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

24 (A) in the matter preceding subparagraph 

25 (A) of subsection (a)(4), by striking ‘‘Committee 
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1 on Labor and Human Resources of the Senate 

2 and the Committee on Education and the Work3 force of the House of Representatives’’ and in4 serting ‘‘authorizing committees’’; and 

5 (B) in subsection (c)— 

6 (i) in the matter preceding subpara7 graph (A) of paragraph (2), by striking 

8 ‘‘Chairperson’’ and all that follows through 

9 ‘‘House of Representatives’’ and inserting 

10 ‘‘Chairpersons and Ranking Members of the 

11 authorizing committees’’; 

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

13 ‘‘Chairperson’’ and all that follows through 

14 ‘‘House of Representatives’’ and inserting 

15 ‘‘Chairpersons and Ranking Members of the 

16 authorizing committees’’; and 

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

18 ‘‘Chairperson’’ and all that follows through 

19 ‘‘House of Representatives’’ and inserting 

20 ‘‘Chairpersons and Ranking Members of the 

21 authorizing committees’’; 

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

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

24 Committee on Education and the Workforce of 

25 the House of Representatives or the Committee 
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1 on Labor and Human Resources of the Senate’’ 

2 and inserting ‘‘either of the authorizing commit3 tees’’; and 

4 (B) in the matter following subparagraph 

5 (D) of subsection (n)(3), by striking ‘‘Committee 

6 on Education and the Workforce of the House of 

7 Representatives and the Committee on Labor 

8 and Human Resources of the Senate’’ and insert9 ing ‘‘authorizing committees’’; 

10 (8) in section 437(c)(1) (20 U.S.C. 1087(c)(1)), 

11 by striking ‘‘Committee on Education and the Work12 force of the House of Representatives and the Com13 mittee on Labor and Human Resources of the Senate’’ 

14 and inserting ‘‘authorizing committees’’; 

15 (9) in section 439 (20 U.S.C. 1087–2)— 

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

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

18 through ‘‘House of Representatives’’ and insert19 ing ‘‘advise the Chairpersons and Ranking Mem20 bers of the authorizing committees’’; 

21 (B) in subsection (r)— 

22 (i) in paragraph (3), by striking ‘‘in23 form the Chairman’’ and all that follows 

24 through ‘‘House of Representatives,’’ and in25 serting ‘‘inform the Chairpersons and 
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1 Ranking Members of the authorizing com2 mittees’’; 

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

4 ‘‘plan, to the Chairman’’ and all that fol5 lows through ‘‘Education and Labor’’ and 

6 inserting ‘‘plan, to the Chairpersons and 

7 Ranking Members of the authorizing com8 mittees’’; 

9 (iii) in paragraph (6)(B)— 

10 (I) by striking ‘‘plan, to the 

11 Chairman’’ and all that follows 

12 through ‘‘House of Representatives’’ 

13 and inserting ‘‘plan, to the Chair14 persons and Ranking Members of the 

15 authorizing committees’’; and 

16 (II) by striking ‘‘Chairmen and 

17 ranking minority members of such 

18 Committees’’ and inserting ‘‘Chair19 persons and Ranking Members of the 

20 authorizing committees’’; 

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

22 ‘‘implemented to the Chairman’’ and all 

23 that follows through ‘‘House of Representa24 tives, and’’ and inserting ‘‘implemented to 
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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 follows 

6 through ‘‘Education and Labor’’ and insert7 ing ‘‘days to the Chairpersons and Ranking 

8 Members of the authorizing committees’’; 

9 and 

10 (C) in subsection (s)(2)— 

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

12 subparagraph (A), by striking ‘‘Treasury 

13 and to the Chairman’’ and all that follows 

14 through ‘‘House of Representatives’’ and in15 serting ‘‘Treasury and to the Chairpersons 

16 and Ranking Members of the authorizing 

17 committees’’; and 

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

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

20 that follows through ‘‘House of Representa21 tives’’ and inserting ‘‘Treasury and to the 

22 Chairpersons and Ranking Members of the 

23 authorizing committees’’; 

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

25 1087e(b)(8)(B)), by striking ‘‘Committee on Labor 
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1 and Human Resources of the Senate and the Com2 mittee on Education and the Workforce of the House 

3 of Representatives’’ and inserting ‘‘authorizing com4 mittees’’; 

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

6 striking ‘‘Committee on Labor and Human Resources 

7 of the Senate and the Committee on Education and 

8 Labor of the House of Representatives’’ and inserting 

9 ‘‘authorizing committees’’; 

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

11 striking ‘‘Committee on Labor and Human Resources 

12 of the Senate and the Committee on Education and 

13 the Workforce of the House of Representatives’’ and 

14 inserting ‘‘authorizing committees’’; 

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

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

17 ‘‘Committee on Education and the Workforce of 

18 the House of Representatives and the Committee 

19 on Labor and Human Resources of the Senate’’ 

20 and inserting ‘‘authorizing committees’’; and 

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

22 ‘‘Committee on Education and the Workforce of 

23 the House of Representatives and the Committee 

24 on Labor and Human Resources of the Senate’’ 

25 and inserting ‘‘authorizing committees’’; 
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1 (14) in section 486 (20 U.S.C. 1093)— 

2 (A) in subsection (e), by striking ‘‘Com3 mittee on Labor and Human Resources of the 

4 Senate and the Committee on Education and the 

5 Workforce of the House of Representatives’’ and 

6 inserting ‘‘authorizing committees’’; and 

7 (B) in subsection (f)(3)— 

8 (i) in the matter preceding clause (i) of 

9 subparagraph (A), by striking ‘‘Committee 

10 on Labor and Human Resources of the Sen11 ate and the Committee on Education and 

12 the Workforce of the House of Representa13 tives’’ and inserting ‘‘authorizing commit14 tees’’; and 

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

16 of subparagraph (B), by striking ‘‘Com17 mittee on Labor and Human Resources of 

18 the Senate and the Committee on Education 

19 and the Workforce of the House of Rep20 resentatives’’ and inserting ‘‘authorizing 

21 committees’’; 

22 (15) in section 487A(a)(5) (20 U.S.C. 

23 1094a(a)(5)), by striking ‘‘Committee on Labor and 

24 Human Resources of the Senate and the Committee 

25 on Education and the Workforce of the House of Rep-
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1 resentatives’’ and inserting ‘‘authorizing committees’’; 

2 and 

3 (16) in section 498B(d) (20 U.S.C. 1099c– 

4 2(d))— 

5 (A) in paragraph (1), by striking ‘‘Com6 mittee on Labor and Human Resources of the 

7 Senate and the Committee on Education and the 

8 Workforce of the House of Representatives’’ and 

9 inserting ‘‘authorizing committees’’; and 

10 (B) in paragraph (2), by striking ‘‘Com11 mittee on Labor and Human Resources of the 

12 Senate and the Committee on Education and the 

13 Workforce of the House of Representatives’’ and 

14 inserting ‘‘authorizing committees’’. 

15 SEC. 102. GENERAL DEFINITION OF INSTITUTION OF HIGH16 ER EDUCATION. 

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

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

19 awards a degree that is acceptable for admission to 

20 a graduate or professional degree program, subject to 

21 the review and approval by the Secretary’’ after ‘‘such 

22 a degree’’; and 

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

24 the following: 
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1 ‘‘(2) a public or nonprofit private educational 

2 institution in any State that, in lieu of the require3 ment in subsection (a)(1), admits as regular students 

4 persons— 

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

6 484(d)(3); 

7 ‘‘(B) who are beyond the age of compulsory 

8 school attendance in the State in which the insti9 tution is located; or 

10 ‘‘(C) who are dually or concurrently en11 rolled in such institution and a secondary 

12 school.’’. 

13 SEC. 103. DEFINITION OF INSTITUTION OF HIGHER EDU14 CATION FOR PURPOSES OF TITLE IV PRO15 GRAMS. 

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

17 (1) in subsection (a)— 

18 (A) by striking paragraph (2)(A)(i) and in19 serting the following: 

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

21 school located outside the United States— 

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

23 enrolled in, and at least 60 percent of 

24 the graduates of, the graduate medical 

25 school outside the United States were 
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1 not persons described in section 

2 484(a)(5) in the year preceding the 

3 year for which a student is seeking a 

4 loan under part B of title IV; and 

5 ‘‘(II) at least 60 percent of the in6 dividuals who were students or grad7 uates of the graduate medical school 

8 outside the United States or Canada 

9 (both nationals of the United States 

10 and others) taking the examinations 

11 administered by the Educational Com12 mission for Foreign Medical Graduates 

13 received a passing score in the year 

14 preceding the year for which a student 

15 is seeking a loan under part B of title 

16 IV; or’’; 

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

18 the following: 

19 ‘‘(3) LIMITATIONS BASED ON ENROLLMENT.—An 

20 institution shall not be considered to meet the defini21 tion of an institution of higher education in para22 graph (1) if such institution— 

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

24 more than 25 percent of the students are incar25 cerated, except that the Secretary may waive the 
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1 limitation contained in this subparagraph for a 

2 nonprofit institution that provides a 2- or 4-year 

3 program of instruction (or both) for which the 

4 institution awards a bachelor’s degree, or an as5 sociate’s degree or a postsecondary diploma, re6 spectively; or 

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

8 more than 50 percent of the students do not have 

9 a secondary school diploma or its recognized 

10 equivalent, and does not provide a 2- or 4-year 

11 program of instruction (or both) for which the 

12 institution awards a bachelor’s degree or an as13 sociate’s degree, respectively, except that the Sec14 retary may waive the limitation contained in 

15 this subparagraph if a nonprofit institution 

16 demonstrates to the satisfaction of the Secretary 

17 that the institution exceeds such limitation be18 cause the institution serves, through contracts 

19 with Federal, State, or local government agen20 cies, significant numbers of students who do not 

21 have a secondary school diploma or its recog22 nized equivalent.’’; 

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

24 and (6), as paragraphs (5), (6), and (7), respec25 tively; and 
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1 (D) by inserting after paragraph (3) the fol2 lowing: 

3 ‘‘(4) LIMITATIONS BASED ON MODE OF DELIV4 ERY.— 

5 ‘‘(A) IN GENERAL.—An institution shall not 

6 be considered to meet the definition of an institu7 tion of higher education in paragraph (1) if such 

8 institution— 

9 ‘‘(i) offers more than 50 percent of such 

10 institution’s courses by correspondence, un11 less the institution is an institution that 

12 meets the definition in section 3(3)(C) of the 

13 Carl D. Perkins Vocational and Technical 

14 Education Act of 1998; or 

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

16 institution’s students in correspondence 

17 courses, unless the institution is an institu18 tion that meets the definition in such sec19 tion 3(3)(C), except that the Secretary, at 

20 the request of such institution, may waive 

21 the applicability of this subparagraph to 

22 such institution for good cause, as deter23 mined by the Secretary in the case of an in24 stitution of higher education that provides a 

25 2- or 4-year program of instruction (or 
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1 both) for which the institution awards an 

2 associate or baccalaureate degree, respec3 tively. 

4 ‘‘(B) DISTANCE EDUCATION PROGRAM ELI5 GIBILITY.—Notwithstanding subparagraph (A), 

6 an institution of higher education, other than a 

7 foreign institution, that offers education or 

8 training programs principally through distance 

9 education shall be considered to meet the defini10 tion of an institution of higher education in 

11 paragraph (1) if such institution— 

12 ‘‘(i) has been evaluated and determined 

13 (before or after the date of enactment of the 

14 Higher Education Amendments of 2005) to 

15 have the capability to effectively deliver dis16 tance education programs by an accrediting 

17 agency or association that— 

18 ‘‘(I) is recognized by the Secretary 

19 under title IV; and 

20 ‘‘(II) has evaluation of distance 

21 education programs within the scope of 

22 its recognition, as described in section 

23 496(n)(3); 

24 ‘‘(ii) is otherwise eligible to participate 

25 in programs authorized under title IV; 
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1 ‘‘(iii) has not had its participation in 

2 programs under title IV suspended or termi3 nated within the previous 5 years; 

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

5 an audit finding or program review finding 

6 under this Act during the 2 years preceding 

7 the year for which the determination is 

8 made that, following any appeal to the Sec9 retary, resulted in the institution being re10 quired to repay an amount that is equal to 

11 or greater than 25 percent of the total funds 

12 the institution received under the programs 

13 authorized under title IV for the most recent 

14 award year; and 

15 ‘‘(v) has met the requirements of sec16 tion 487(d), if applicable. 

17 ‘‘(C) DEFINITION.— 

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

19 as otherwise provided, the term ‘distance 

20 education’ means a course or program that 

21 uses 1 or more of the technologies described 

22 in clause (ii) to— 

23 ‘‘(I) deliver instruction to students 

24 who are separated from the instructor; 

25 and 
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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 of 

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

8 ‘‘(I) the Internet; 

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

11 circuit, cable, microwave, broadband 

12 lines, fiber optics, satellite, or wireless 

13 communications devices; 

14 ‘‘(III) audio conferencing; or 

15 ‘‘(IV) video cassette, DVDs, and 

16 CD-ROMs, provided that they are used 

17 in a course in conjunction with the 

18 technologies listed in subclauses (I) 

19 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). 
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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 educational 

10 missions is one of the key strengths of American high11 er 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 exchange 

18 of ideas; 

19 ‘‘(D) students should not be intimated, harassed, 

20 discouraged from speaking out, or discriminated 

21 against; 

22 ‘‘(E) students should be treated equally and fair23 ly; and 

24 ‘‘(F) nothing in this paragraph shall be con25 strued to modify, change, or infringe upon any con-
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1 stitutionally protected religious liberty, freedom, ex2 pression, or association.’’; and 

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

4 that the imposition of such sanction is done objec5 tively 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 EDU15 CATION 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 use, underage 

19 alcohol use, and binge drinking among students at in20 stitutions 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-
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1 tion as the Secretary may require. Each application 

2 shall include— 

3 ‘‘(A) a description of how the eligible entity 

4 will work to enhance an existing, or where none 

5 exists to build a, statewide coalition; 

6 ‘‘(B) a description of how the eligible entity 

7 will target underage students in the State; 

8 ‘‘(C) a description of how the eligible entity 

9 intends to ensure that the statewide coalition is 

10 actually implementing the purpose described in 

11 paragraph (1) and moving toward the achieve12 ment indicators described in paragraph (4); 

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

14 coalition or interested parties involved in the 

15 work of the eligible entity; 

16 ‘‘(E) a description of how the eligible entity 

17 intends to work with State agencies on substance 

18 abuse prevention and education; 

19 ‘‘(F) the anticipated impact of funds pro20 vided under this subsection in reducing the rates 

21 of drug abuse and underage alcohol use; 

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

23 which the eligible entity proposes to— 

24 ‘‘(i) reach out to students; 
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1 ‘‘(ii) promote the purpose described in 

2 paragraph (1); 

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

4 students and the surrounding communities; 

5 and 

6 ‘‘(iv) address community norms for 

7 underage students regarding drug and alco8 hol use; and 

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

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

12 receives a grant under this subsection shall use the 

13 grant funds to carry out the activities described in 

14 such entity’s application submitted pursuant to para15 graph (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 are 

25 having on the institutions of higher education 
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1 and the surrounding communities, including 

2 changes in the number of alcohol and drug-re3 lated abuse incidents of any kind (including vio4 lations, physical assaults, sexual assaults, reports 

5 of intimidation, disruptions of school functions, 

6 disruptions of student studies, mental health re7 ferrals, 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 pro12 gram impact as the Secretary determines appro13 priate. 

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

15 provided under this subsection shall be used to supple16 ment, and not supplant, Federal and non-Federal 

17 funds available for carrying out the activities de18 scribed in this subsection. 

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

20 ‘‘(A) ELIGIBLE ENTITY.—The term ‘eligible 

21 entity’ means a State, an institution of higher 

22 education as defined in section 102, or a non23 profit entity. 

24 ‘‘(B) INSTITUTION OF HIGHER EDU25 CATION.—The term ‘institution of higher edu-
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1 cation’ has the meaning given the term in sec2 tion 101(a). 

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

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

5 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 anti-drug or underage drink13 ing prevention coalition, or another 

14 substance abuse prevention group with15 in a State; and 

16 ‘‘(ii) works toward lowering alcohol 

17 abuse rates by targeting underage students 

18 at institutions of higher education through19 out the State and in the surrounding com20 munities. 

21 ‘‘(E) SURROUNDING COMMUNITY.—The term 

22 ‘surrounding community’ means the commu23 nity— 
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1 ‘‘(i) that surrounds an institution of 

2 higher education participating in a state3 wide coalition; 

4 ‘‘(ii) where the students from the insti5 tution of higher education take part in the 

6 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 expenses. 

13 ‘‘(8) AUTHORIZATION OF APPROPRIATIONS.— 

14 There are authorized to be appropriated to carry out 

15 this subsection such sums as may be necessary for fis16 cal year 2006 and each of the 5 succeeding fiscal 

17 years.’’. 

18 SEC. 107. PRIOR RIGHTS AND OBLIGATIONS. 

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

20 (1) in paragraph (1), by striking ‘‘1999’’ and in21 serting ‘‘2006’’; and 

22 (2) in paragraph (2), by striking ‘‘1999’’ and in23 serting ‘‘2006’’. 

24 SEC. 108. COST OF HIGHER EDUCATION. 

25 Section 131 (20 U.S.C. 1015) is amended— 
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1 (1) by striking subsection (b) and inserting the 

2 following: 

3 ‘‘(b) COLLEGE CONSUMER INFORMATION.— 

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

5 available to the public the information described in 

6 paragraph (2), in a form that enables the public to 

7 compare the information among institutions of higher 

8 education. Such information shall be made available 

9 for each of the categories described in paragraph (3) 

10 and updated annually. 

11 ‘‘(2) INFORMATION.—The information described 

12 in this paragraph is the following: 

13 ‘‘(A) Tuition and fees for a first-time, full14 time undergraduate student. 

15 ‘‘(B) Cost of attendance for a first-time, 

16 full-time undergraduate student. 

17 ‘‘(C) The average annual cost of attendance 

18 for a first-time, full-time undergraduate student 

19 for the preceding periods of 5 and 10 academic 

20 years preceding the year for which the informa21 tion is made available under this subsection, or 

22 if data are not available for such academic 

23 years, data for as many of such academic years 

24 as are available. 
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1 ‘‘(D) The percentage of full-time under2 graduate students receiving financial assistance, 

3 including— 

4 ‘‘(i) Federal grants; 

5 ‘‘(ii) State and local grants; 

6 ‘‘(iii) institutional grants; and 

7 ‘‘(iv) loans to students. 

8 ‘‘(E) The average amount of financial aid 

9 received by students from sources described in 

10 clauses (i) through (iv) of subparagraph (D). 

11 ‘‘(F) Graduation rates, as described in sec12 tion 485(a)(1)(L). 

13 ‘‘(G) A ranking of the dollar and percentage 

14 increases in tuition and fees for all institutions 

15 of higher education for which data are available 

16 in each of the categories described in paragraph 

17 (3). 

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

19 this paragraph are as follows: 

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

21 ‘‘(B) 4-year public, degree-granting, institu22 tions of higher education. 

23 ‘‘(C) 2-year public, degree-granting, institu24 tions of higher education. 
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1 ‘‘(D) 4-year, nonprofit, private, degree2 granting institutions of higher education. 

3 ‘‘(E) 2-year, nonprofit, private, degree4 granting institutions of higher education. 

5 ‘‘(F) 4-year, for-profit, private, degree6 granting institutions of higher education. 

7 ‘‘(G) 2-year, for-profit, private, degree8 granting institutions of higher education. 

9 ‘‘(H) Less than 2-year, for-profit, private 

10 institutions of higher education. 

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

12 this section, the Secretary shall use the standard defi13 nitions developed under subsection (a)(3).’’; and 

14 (2) in subsection (c)— 

15 (A) in paragraph (1), by inserting ‘‘be con16 ducted on an annual basis and’’ after ‘‘Such 

17 study shall’’; 

18 (B) in paragraph (2)— 

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

20 ‘‘and’’ after the semicolon; 

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

22 the period and inserting a semicolon; and 

23 (iii) by adding at the end the fol24 lowing: 
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1 ‘‘(D) the average cost of attending an insti2 tution of higher education, disaggregated by cat3 egory, as described in subsection (b)(3); 

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

5 an institution of higher education for the periods 

6 of 5 and 10 academic years preceding the year 

7 for which the study is conducted (or if data are 

8 not available for such academic years, data for 

9 as many of such academic years as are avail10 able), disaggregated by category, as described in 

11 subsection (b)(3); and 

12 ‘‘(F) the assistance provided to institutions 

13 of higher education by each State.’’; 

14 (C) in paragraph (3)— 

15 (i) in the paragraph heading, by strik16 ing ‘‘FINAL’’ and inserting ‘‘ANNUAL’’; 

17 (ii) by striking ‘‘a report’’ and insert18 ing ‘‘an annual report’’; and 

19 (iii) by striking ‘‘not later than Sep20 tember 30, 2002’’ and inserting ‘‘and the 

21 public’’; and 

22 (D) by striking paragraph (4) and insert23 ing the following: 

24 ‘‘(4) HIGHER EDUCATION COST INDEX.—The Bu25 reau of Labor Statistics, in consultation with the 
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1 Commissioner of Education Statistics, shall develop a 

2 higher education cost index that tracks inflation 

3 changes in the relevant costs associated with higher 

4 education.’’. 

5 SEC. 109. PERFORMANCE-BASED ORGANIZATION FOR THE 

6 DELIVERY OF FEDERAL STUDENT FINANCIAL 

7 ASSISTANCE. 

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

9 (1) in subsection (a)— 

10 (A) in paragraph (1), by striking ‘‘oper11 ational’’ and inserting ‘‘administrative and 

12 oversight’’; and 

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

14 the operational functions’’ and inserting ‘‘and 

15 administration’’; 

16 (2) in subsection (b)— 

17 (A) in paragraph (1)— 

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

19 ‘‘the information systems administered by 

20 the PBO, and other functions performed by 

21 the PBO’’ and inserting ‘‘the Federal stu22 dent financial assistance programs author23 ized under title IV’’; and 

24 (ii) by striking subparagraph (C) and 

25 inserting the following: 
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1 ‘‘(C) assist the Chief Operating Officer in 

2 identifying goals for— 

3 ‘‘(i) the administration of the systems 

4 used to administer the Federal student fi5 nancial assistance programs authorized 

6 under title IV; and 

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

8 current technology.’’; and 

9 (B) in paragraph (2)— 

10 (i) in the matter preceding subpara11 graph (A), by striking ‘‘administration of 

12 the information and financial systems that 

13 support’’ and inserting ‘‘the administration 

14 of Federal’’; 

15 (ii) in subparagraph (A)— 

16 (I) in the matter preceding clause 

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

18 for Federal student assistance’’ and in19 serting ‘‘for the Federal student assist20 ance programs authorized under title 

21 IV’’; 

22 (II) by striking clauses (i) and 

23 (ii) and inserting the following: 

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

25 transmission of data to students, institu-
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1 tions, lenders, State agencies, and other au2 thorized parties; 

3 ‘‘(ii) the design and technical specifica4 tions for software development and procure5 ment for systems supporting the student fi6 nancial assistance programs authorized 

7 under title IV;’’; 

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

9 ‘‘delivery’’ and inserting ‘‘administra10 tion’’; 

11 (IV) in clause (iv)— 

12 (aa) by inserting ‘‘the’’ after 

13 ‘‘supporting’’; and 

14 (bb) by striking ‘‘and’’ after 

15 the semicolon; 

16 (V) in clause (v), by striking ‘‘sys17 tems that support those programs.’’ 

18 and inserting ‘‘the administration of 

19 the Federal student assistance pro20 grams authorized under title IV; and’’; 

21 and 

22 (VI) by adding at the end the fol23 lowing: 
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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)— 
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1 (A) in paragraph (1), by striking the second 

2 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, borrowers,’’; 

12 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 ‘‘organizational 

18 effectiveness’’ and inserting ‘‘effectiveness’’; 

19 (8) by striking subsection (i); 

20 (9) by redesignating subsection (j) as subsection 

21 (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— 
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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 period 

9 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 re18 quirements.’’; 

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 serv24 ices related to the functions set forth in section 

25 141(b)(2) from any entity that has the capability and 
446 

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1 capacity to meet the requirements set by the PBO. 

2 The Chief Operating Officer is authorized to pay fees 

3 that are equivalent to those paid by other entities to 

4 an organization that provides services that meet the 

5 requirements of the PBO, as determined by the Chief 

6 Operating Officer.’’; 

7 (3) in subsection (d)(2)(B), by striking ‘‘on Fed8 eral 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 
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1 with, only such source (although such source is not 

2 the only source in the marketplace capable of meeting 

3 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 devel19 opment activities; 

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

22 ‘‘(4) recruit qualified individuals, including mi23 norities and individuals from other occupations, into 

24 the teaching force. 

25 ‘‘(b) DEFINITIONS.—In this part: 
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1 ‘‘(1) ARTS AND SCIENCES.—The term ‘arts and 

2 sciences’ means— 

3 ‘‘(A) when referring to an organizational 

4 unit of an institution of higher education, any 

5 academic unit that offers 1 or more academic 

6 majors in disciplines or content areas cor7 responding to the academic subject areas in 

8 which teachers provide instruction; and 

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

10 subject area, the disciplines or content areas in 

11 which academic majors are offered by the arts 

12 and sciences organizational unit. 

13 ‘‘(2) CHILDREN FROM LOW-INCOME FAMILIES.— 

14 The term ‘children from low-income families’ means 

15 children as described in section 1124(c)(1)(A) of the 

16 Elementary and Secondary Education Act of 1965. 

17 ‘‘(3) EARLY CHILDHOOD EDUCATION PRO18 GRAM.—The term ‘early childhood education pro19 gram’ means a Head Start program or an Early 

20 Head Start program carried out under the Head 

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

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

23 prekindergarten program that serves children from 

24 birth through kindergarten and that addresses the 

25 children’s cognitive (including language, early lit-
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1 eracy, and pre-numeracy), social, emotional, and 

2 physical development. 

3 ‘‘(4) EARLY CHILDHOOD EDUCATOR.—The term 

4 ‘early childhood educator’ means an individual with 

5 primary responsibility for the education of children 

6 in an early childhood education program. 

7 ‘‘(5) EDUCATIONAL SERVICE AGENCY.—The term 

8 ‘educational service agency’ has the meaning given 

9 such term in section 9101 of the Elementary and Sec10 ondary Education Act of 1965. 

11 ‘‘(6) EXEMPLARY TEACHER.—The term ‘exem12 plary teacher’ has the meaning given such term in 

13 section 9101 of the Elementary and Secondary Edu14 cation Act of 1965. 

15 ‘‘(7) HIGH-NEED LOCAL EDUCATIONAL AGEN16 CY.—The term ‘high-need local educational agency’ 

17 means a local educational agency or educational serv18 ice agency— 

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

20 children from low-income families; 

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

22 the children served by the agency are children 

23 from low-income families; or 

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

25 in average daily attendance at the schools that 
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1 are served by the agency and all of whose schools 

2 are designated with a school locale code of 7 or 

3 8, as determined by the Secretary; and 

4 ‘‘(B)(i) for which there is a high percentage 

5 of teachers not teaching in the academic subject 

6 areas or grade levels in which the teachers were 

7 trained to teach; or 

8 ‘‘(ii) for which there is a high teacher turn9 over rate or a high percentage of teachers with 

10 emergency, provisional, or temporary certifi11 cation or licensure. 

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

13 qualified’ has the meaning given such term in section 

14 9101 of the Elementary and Secondary Education 

15 Act of 1965 and, with respect to special education 

16 teachers, in section 602 of the Individuals with Dis17 abilities Education Act. 

18 ‘‘(9) PROFESSIONAL DEVELOPMENT.—The term 

19 ‘professional development’ has the meaning given such 

20 term in section 9101 of the Elementary and Sec21 ondary Education Act of 1965. 

22 ‘‘(10) SCIENTIFICALLY BASED READING RE23 SEARCH.—The term ‘scientifically based reading re24 search’ has the meaning given such term in section 
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1 1208 of the Elementary and Secondary Education 

2 Act of 1965. 

3 ‘‘(11) SCIENTIFICALLY BASED RESEARCH.—The 

4 term ‘scientifically based research’ has the meaning 

5 given such term in section 9101 of the Elementary 

6 and Secondary Education Act of 1965. 

7 ‘‘(12) TEACHER MENTORING.—The term ‘teacher 

8 mentoring’ means mentoring of teachers through an 

9 established or implemented program— 

10 ‘‘(A) that includes qualifications for men11 tors; 

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

13 ‘‘(C) that provides regular and ongoing op14 portunities for mentors and mentees to observe 

15 each other’s teaching methods in classroom set16 tings during the school day; 

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

18 a colleague who teaches in the same field, grade, 

19 or subject as the mentee; and 

20 ‘‘(E) that includes— 

21 ‘‘(i) common planning time or regu22 larly scheduled collaboration with teachers 

23 in the teachers’ same field, grade, or subject 

24 area; and 
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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 student 

20 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 
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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 is 

8 authorized to award grants under this section, on a com9 petitive basis, to eligible States to enable the eligible States 

10 to carry out the activities described in subsections (d) and 

11 (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 licen20 sure and preparation activity, such individual, 

21 entity, or agency. 

22 ‘‘(2) CONSULTATION.—The Governor or the indi23 vidual, entity, or agency designated under paragraph 

24 (1)(B) shall consult with the Governor, State board of 

25 education, State educational agency, State agency for 
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1 higher education, or other applicable State entities 

2 (including the State agency responsible for early 

3 childhood education), as appropriate, with respect to 

4 the activities assisted under this section, including the 

5 development of the grant application and implemen6 tation of the activities. 

7 ‘‘(3) CONSTRUCTION.—Nothing in this subsection 

8 shall be construed to negate or supersede the legal au9 thority under State law of any State agency, State 

10 entity, or State public official over programs that are 

11 under the jurisdiction of the agency, entity, or offi12 cial. 

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 208, 

21 as such sections were in effect on the day before 

22 the date of enactment of the Higher Education 

23 Amendments of 2005; 
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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 of 

5 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 ef16 fective 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 requirements 

21 of the eligible State under sections 1111 and 

22 1119 of the Elementary and Secondary Edu23 cation Act of 1965, and section 612(a)(14) of the 

24 Individuals with Disabilities Education Act; 
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1 ‘‘(6) contains an assurance that the eligible State 

2 will carry out each of the intended uses of grant funds 

3 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 in10 tegration of existing data systems to better meas11 ure the effectiveness of teacher preparation pro12 grams and professional development activities 

13 within the State; or 

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

15 plans for the development of an integrated state16 wide data system to measure the effectiveness of 

17 teacher preparation programs and professional 

18 development activities within the State using 

19 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 
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1 Elementary and Secondary Education Act of 1965 and sub2 sections (a) and (b) of section 654 of the Individuals with 

3 Disabilities Education Act, and to ensure that current and 

4 prospective teachers are highly qualified, by carrying out 

5 each of the following activities: 

6 ‘‘(1) REFORMS.—Ensuring that all teacher prep7 aration programs in the State are preparing current 

8 or prospective teachers to become highly qualified, to 

9 understand scientifically based research and its appli10 cability, and to use technology effectively, including 

11 use of instructional techniques to improve student 

12 academic achievement, by assisting such programs— 

13 ‘‘(A) in retraining faculty; 

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

15 preparation programs so that such programs— 

16 ‘‘(i) are based on rigorous academic 

17 content and scientifically based research 

18 (including scientifically based reading re19 search), and aligned with challenging State 

20 academic content standards; 

21 ‘‘(ii) promote effective teaching skills; 

22 and 

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, and students who are 

3 gifted and talented; 

4 ‘‘(C) in ensuring collaboration with depart5 ments, programs, or units outside of the teacher 

6 preparation program in relevant academic con7 tent areas to ensure a successful combination of 

8 training in both teaching and such content; 

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

10 clinical experiences (that include student teach11 ing experience) in which students participate 

12 while enrolled in a teacher preparation program, 

13 lasting not less than 1 term, through dissemina14 tion of best practices, technical assistance, or 

15 other relevant activities; and 

16 ‘‘(E) in collecting and using data, in col17 laboration with institutions of higher education, 

18 schools, and local educational agencies, on teach19 er retention rates, by school, to evaluate and 

20 strengthen the effectiveness of the State’s teacher 

21 support system. 

22 ‘‘(2) CERTIFICATION OR LICENSURE REQUIRE23 MENTS.—Reforming teacher certification or licensure 

24 requirements to ensure that— 
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1 ‘‘(A) teachers have the academic content 

2 knowledge and teaching skills in the academic 

3 subject areas that the teachers teach that are nec4 essary to help students meet challenging State 

5 student academic achievement standards, as re6 quired under section 1111(b)(1) of the Elemen7 tary and Secondary Education Act of 1965; 

8 ‘‘(B) such requirements are aligned with 

9 challenging State academic content standards, as 

10 required under section 1111(b)(1) of the Elemen11 tary and Secondary Education Act of 1965; 

12 ‘‘(C) teacher certification and licensure as13 sessments are— 

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

15 assessments are valid and reliable; 

16 ‘‘(ii) consistent with relevant, profes17 sional, and technical standards; and 

18 ‘‘(iii) aligned with the reporting re19 quirements of sections 205 and 206; and 

20 ‘‘(D) such requirements for high-need aca21 demic subject areas (such as reading, mathe22 matics, science, and foreign language, including 

23 less commonly taught languages) and high-need 

24 areas (such as special education, language in25 struction educational programs, and early child-
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1 hood education) exist and reflect qualifications to 

2 help students meet high standards, which may 

3 include the development of a State test for such 

4 areas. 

5 ‘‘(3) EVALUATION.— 

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

7 State that receives a grant under this section 

8 shall evaluate annually the effectiveness of teach9 er preparation programs and professional devel10 opment activities within the State. To the extent 

11 practicable, such evaluation shall examine— 

12 ‘‘(i) teachers’ contributions to improv13 ing student academic achievement, as meas14 ured by State academic assessments re15 quired under section 1111(b)(3) of the Ele16 mentary and Secondary Education Act of 

17 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) widely available through pub23 lic means, such as posting on the Internet, dis24 tribution to the media, and distribution through 

25 public agencies, except such reporting shall not 
461 

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1 be made in a case in which the reporting of the 

2 data would reveal personally identifiable infor3 mation about a teacher or student. 

4 ‘‘(C) BETTER MEASUREMENT OF EFFEC5 TIVENESS.— 

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

7 that receives a grant under this section and 

8 does not have the capacity to measure the 

9 effectiveness of teacher preparation pro10 grams and professional development activi11 ties within the State using available state12 wide data, shall use a portion of funds re13 ceived under this section to enhance or ex14 pand the integration of existing data sys15 tems, as described in subsection (c)(7)(B), 

16 or develop an integrated statewide data sys17 tem, as described in subsection (c)(7)(C), to 

18 better measure and provide information 

19 that will improve the effectiveness of teacher 

20 preparation programs on student learning 

21 and achievement, and the impact of pre22 service and ongoing professional develop23 ment on teacher placement and retention. 

24 ‘‘(ii) TECHNICAL QUALITY; STUDENT

25 PRIVACY; FUNDS FROM OTHER SOURCES.— 
462 

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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 data 

19 system. 

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

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

22 funds to reform teacher preparation requirements, to co23 ordinate with State activities under section 2113(c) of the 

24 Elementary and Secondary Education Act of 1965 and sub25 sections (a) and (b) of section 654 of the Individuals with 
463 

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1 Disabilities Education Act, and to ensure that current and 

2 future teachers are highly qualified, by carrying out any 

3 of the following activities: 

4 ‘‘(1) ALTERNATIVES TO TRADITIONAL PREPARA5 TION FOR TEACHING AND STATE CERTIFICATION OR

6 LICENSURE.—Providing prospective teachers with al7 ternative routes to State certification or licensure and 

8 alternative route programs to become highly qualified 

9 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 passage 

15 of State approved teacher examinations in ap16 propriate subject areas; 

17 ‘‘(C) programs that help prospective teach18 ers develop effective teaching skills and strategies 

19 through knowledge of research-based information 

20 on the learning process and learning practices; 

21 ‘‘(D) programs that provide support to 

22 teachers during the teachers’ initial years in the 

23 profession; and 

24 ‘‘(E) alternative routes to State certification 

25 or licensure of teachers for qualified individuals, 
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1 including mid-career professionals from other oc2 cupations, paraprofessionals, former military 

3 personnel, and recent college graduates with 

4 records of academic distinction. 

5 ‘‘(2) INNOVATIVE PROGRAMS.—Planning and im6 plementing innovative programs to enhance the abil7 ity of institutions of higher education, including 

8 charter colleges of education, or university and local 

9 educational agency partnership schools, to prepare 

10 highly qualified teachers, which programs shall— 

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

12 which the institution of higher education meets 

13 State requirements as long as graduates, during 

14 the graduates’ initial years in the profession, in15 crease student academic achievement; 

16 ‘‘(B) provide a description in the applica17 tion of long-term data gathered from teachers’ 

18 performance over multiple years in the classroom 

19 regarding the teachers’ ability to increase student 

20 academic achievement; 

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

22 teachers from underrepresented groups; 

23 ‘‘(D) create performance measures that can 

24 be used to document the effectiveness of innova-
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1 tive methods for preparing highly qualified 

2 teachers; and 

3 ‘‘(E) develop frameworks for exemplary in4 duction programs informed by research and best 

5 practices. 

6 ‘‘(3) TEACHER RECRUITMENT AND RETENTION.— 

7 Undertaking activities that develop and implement ef8 fective mechanisms to ensure that local educational 

9 agencies and schools are able to recruit and retain 

10 highly qualified teachers, which may include the fol11 lowing activities: 

12 ‘‘(A) PERFORMANCE BASED COMPENSA13 TION.—Assisting local educational agencies in 

14 developing— 

15 ‘‘(i) performance systems that reward 

16 teachers who increase student academic 

17 achievement and take on additional respon18 sibilities, such as teacher mentoring and 

19 serving as master teachers; and 

20 ‘‘(ii) strategies that provide differential 

21 and bonus pay in high-need local edu22 cational agencies to recruit and retain— 

23 ‘‘(I) principals; 

24 ‘‘(II) highly qualified teachers 

25 who teach in high-need academic sub-
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1 ject areas (such as reading, mathe2 matics, science, and foreign language, 

3 including less commonly taught lan4 guages); 

5 ‘‘(III) highly qualified teachers 

6 who teach in schools identified for 

7 school improvement under section 

8 1116(b) of the Elementary and Sec9 ondary Education Act of 1965; 

10 ‘‘(IV) highly qualified special edu11 cation teachers; 

12 ‘‘(V) highly qualified teachers spe13 cializing in teaching children who are 

14 limited English proficient; and 

15 ‘‘(VI) highly qualified teachers in 

16 low-income urban and rural schools or 

17 districts. 

18 ‘‘(B) ADDITIONAL MECHANISMS.—Devel19 oping and implementing effective mechanisms to 

20 ensure that local educational agencies and 

21 schools are able to— 

22 ‘‘(i) address needs identified with re23 spect to— 

24 ‘‘(I) underrepresented groups; 
467 

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1 ‘‘(II) high-need academic subject 

2 areas (such as reading, mathematics, 

3 science, and foreign language, includ4 ing less commonly taught languages); 

5 ‘‘(III) high-need areas (such as 

6 special education, language instruction 

7 educational programs for limited 

8 English proficient students, and early 

9 childhood education); 

10 ‘‘(IV) high-need communities, 

11 such as rural and urban areas; and 

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

13 schools with high rates of teacher turn14 over; 

15 ‘‘(ii) offer teacher mentoring for new 

16 teachers during such teachers’ initial years 

17 of teaching; and 

18 ‘‘(iii) provide access to ongoing profes19 sional development and innovative training 

20 opportunities for teachers and administra21 tors. 

22 ‘‘(C) TEACHER ADVANCEMENT.—Assisting 

23 local educational agencies in developing teacher 

24 advancement and retention initiatives that pro25 mote professional growth and emphasize multiple 
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1 career paths (such as paths to becoming a highly 

2 qualified mentor teacher or exemplary teacher) 

3 and pay differentiation. 

4 ‘‘(D) RECRUIT QUALIFIED PROFES5 SIONALS.—Developing recruitment programs or 

6 assisting local educational agencies in— 

7 ‘‘(i) recruiting qualified professionals 

8 from other fields, including highly qualified 

9 paraprofessionals (as defined in section 

10 2102 of the Elementary and Secondary 

11 Education Act of 1965); and 

12 ‘‘(ii) providing such professionals with 

13 alternative routes to teacher certification or 

14 licensure. 

15 ‘‘(E) UNDERREPRESENTED POPULATIONS.— 

16 Providing increased opportunities for minorities, 

17 individuals with disabilities, and other individ18 uals underrepresented in the teaching profession 

19 to become highly qualified teachers. 

20 ‘‘(F) RURAL EDUCATION RECRUITMENT AND

21 RETENTION PROGRAMS.—Making grants to rural 

22 school districts, or a consortia of rural school 

23 districts, to implement— 

24 ‘‘(i) teacher recruitment strategies, 

25 which may include tuition assistance, stu-
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1 dent loan forgiveness, housing assistance, 

2 bonus pay, and other effective approaches; 

3 ‘‘(ii) teacher retention strategies, such 

4 as mentoring programs and ongoing oppor5 tunities for professional growth and ad6 vancement; and 

7 ‘‘(iii) partnerships with institutions of 

8 higher education designed to— 

9 ‘‘(I) prepare beginning teachers to 

10 teach; and 

11 ‘‘(II) assist teachers (including 

12 teachers who teach multiple subjects) to 

13 become highly qualified. 

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

15 Providing— 

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

17 individuals who have been accepted by, or who 

18 are enrolled in, a program of undergraduate edu19 cation or initial teacher preparation at an insti20 tution of higher education, pay the costs of tui21 tion, room, board, and other expenses of com22 pleting a teacher preparation program, if— 

23 ‘‘(i) the Secretary establishes such re24 quirements as the Secretary determines nec25 essary to ensure that recipients of scholar-
470 

•S 1614 RS 

1 ships under this section who complete teach2 er preparation programs— 

3 ‘‘(I) subsequently teach in an 

4 early childhood education program or 

5 a high-need local educational agency 

6 for a period of time equivalent to the 

7 period of time for which the recipient 

8 received scholarship assistance, plus an 

9 additional 1 year; or 

10 ‘‘(II) repay the amount of the 

11 scholarship if the recipient does not 

12 teach as described in subclause (I); and 

13 ‘‘(ii) the eligible State provides an as14 surance that the eligible State will recruit 

15 minority students to become highly quali16 fied teachers; 

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

18 scholarship recipients to complete postsecondary 

19 education programs, or to move from a career 

20 outside of the field of education into a teaching 

21 career; and 

22 ‘‘(C) follow-up services to former scholarship 

23 recipients during the recipients’ initial years of 

24 teaching. 
471 

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1 ‘‘(5) TEACHER REMOVAL.—Developing and im2 plementing effective mechanisms to ensure that local 

3 educational agencies and schools are able to expedi4 tiously remove incompetent or unqualified teachers 

5 consistent with procedures to ensure due process for 

6 the teachers. 

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

8 ‘‘(A) systems to measure the effectiveness of 

9 teacher preparation programs and professional 

10 development programs; and 

11 ‘‘(B) strategies to document gains in stu12 dent academic achievement or increases in teach13 er mastery of the academic subject matter the 

14 teachers teach, as a result of such programs. 

15 ‘‘(7) EARLY CHILDHOOD EDUCATORS.—Devel16 oping strategies to improve and expand teacher prep17 aration programs for early childhood educators to 

18 teach in early childhood education programs. 

19 ‘‘(8) PROFESSIONAL DEVELOPMENT.—Developing 

20 and enhancing high-quality professional development, 

21 instructional materials, and relevant educational ma22 terials. 

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

24 technology effectively, including use for instructional 

25 techniques and the collection, management, and anal-
472 

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1 ysis of data to improve teaching, learning, and deci2 sion making for the purpose of increasing student 

3 academic achievement. 

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

5 Increasing the number of— 

6 ‘‘(A) teachers in the classroom providing in7 struction in high-need academic subject areas 

8 (such as reading, mathematics, science, and for9 eign language, including less commonly taught 

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

11 education, language instruction educational pro12 grams for limited English proficient students, 

13 and early childhood education); and 

14 ‘‘(B) special education faculty dedicated to 

15 preparing highly qualified special education 

16 teachers at institutions of higher education. 

17 ‘‘(11) TECHNICAL ASSISTANCE.—Providing tech18 nical assistance to low-performing programs of teach19 er preparation within institutions of higher education 

20 identified under section 207(a). 

21 ‘‘(12) EVALUATION SUPPORT.—Performing data 

22 collection, evaluation, and reporting to meet the re23 quirements of subsection (d)(3). 

24 ‘‘(13) PROFESSIONAL ADVANCEMENT.—Devel25 oping a professional advancement system to— 
473 

•S 1614 RS 

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

2 highly qualified teachers who pursue advanced 

3 licensure levels are required to demonstrate in4 creased competencies and undertake increased re5 sponsibilities for increased compensation as the 

6 teachers progress through levels established by the 

7 State; or 

8 ‘‘(B) provide opportunities for professional 

9 growth, including through— 

10 ‘‘(i) a nationally recognized advance 

11 credentialing system; or 

12 ‘‘(ii) special certification in advanced 

13 placement or international baccalaureate 

14 content, teaching gifted and talented stu15 dents, and pedagogy. 

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

17 available under this section shall be used to supplement, 

18 and not supplant, other Federal, State, and local funds that 

19 would otherwise be expended to carry out activities under 

20 this section. 

21 ‘‘SEC. 203. PARTNERSHIP GRANTS. 

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

23 section 209(a)(2) for a fiscal year, the Secretary is author24 ized to award grants under this section, on a competitive 

25 basis, to eligible partnerships to enable the eligible partner-
474 

•S 1614 RS 

1 ships to carry out the activities described in subsections (e) 

2 and (f). 

3 ‘‘(b) DEFINITIONS.— 

4 ‘‘(1) ELIGIBLE PARTNERSHIP.— 

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

6 ‘eligible partnership’ means an entity that shall 

7 include— 

8 ‘‘(i) a partner institution; 

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

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

11 agency and a school or a consortium of 

12 schools served by the agency; and 

13 ‘‘(iv) at least 1 individual or entity de14 scribed in subparagraph (B). 

15 ‘‘(B) ADDITIONAL INDIVIDUALS AND ENTI16 TIES.—In this part, the term ‘eligible partner17 ship’ means an entity that shall include at least 

18 1 of the following: 

19 ‘‘(i) A Governor. 

20 ‘‘(ii) A State educational agency. 

21 ‘‘(iii) A State board of education. 

22 ‘‘(iv) A State agency for higher edu23 cation. 

24 ‘‘(v) A school or department within the 

25 partner institution focusing on education, 
475 

•S 1614 RS 

1 psychology, human development, or a de2 partment with comparable expertise in the 

3 disciplines of teaching, learning, and child 

4 and adolescent development. 

5 ‘‘(vi) An institution of higher edu6 cation or a department within such institu7 tion, not described in subparagraph (A). 

8 ‘‘(vii) A public charter school. 

9 ‘‘(viii) A public or private elementary 

10 school or secondary school. 

11 ‘‘(ix) A public or private nonprofit 

12 educational organization. 

13 ‘‘(x) A business. 

14 ‘‘(xi) A science-, mathematics-, or tech15 nology-oriented entity. 

16 ‘‘(xii) An early childhood education 

17 program. 

18 ‘‘(xiii) A teacher organization. 

19 ‘‘(xiv) An educational service agency. 

20 ‘‘(xv) A consortium of local educational 

21 agencies. 

22 ‘‘(xvi) A nonprofit telecommunications 

23 entity. 

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

25 term ‘partner institution’ means an institution of 
476 

•S 1614 RS 

1 higher education, which may include a 2-year institu2 tion of higher education offering a dual program with 

3 a 4-year institution of higher education, that has a 

4 teacher preparation program— 

5 ‘‘(A) whose graduates exhibit strong per6 formance on State-determined qualifying assess7 ments for new teachers through— 

8 ‘‘(i) demonstrating that 80 percent or 

9 more of the graduates of the program who 

10 intend to enter the field of teaching have 

11 passed all of the applicable State qualifica12 tion assessments for new teachers, which 

13 shall include an assessment of each prospec14 tive teacher’s subject matter knowledge in 

15 the content area in which the teacher in16 tends to teach; or 

17 ‘‘(ii) being ranked among the highest18 performing teacher preparation programs 

19 in the State as determined by the State— 

20 ‘‘(I) using criteria consistent with 

21 the requirements for the State report 

22 card under section 206(b); and 

23 ‘‘(II) using the State report card 

24 on teacher preparation required under 

25 section 206(b), after the first publica-
477 

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1 tion of such report card and for every 

2 year thereafter; or 

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

4 program to meet high academic standards and 

5 participate in intensive clinical experience, 

6 and— 

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

8 candidates, to successfully complete— 

9 ‘‘(I) a major or its equivalent in 

10 coursework in the academic subject 

11 area in which the candidate intends to 

12 teach; or 

13 ‘‘(II) a related major in the aca14 demic subject area in which the can15 didate intends to teach; 

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

17 candidates, to successfully complete— 

18 ‘‘(I) an academic major or its 

19 equivalent in coursework in the arts 

20 and sciences; or 

21 ‘‘(II) a major in elementary edu22 cation with a significant amount of 

23 coursework in the arts and sciences; 

24 and 
478 

•S 1614 RS 

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

2 educators, to become fully competent and 

3 meet degree requirements, as established by 

4 the State. 

5 ‘‘(c) APPLICATION.—Each eligible partnership desiring 

6 a grant under this section shall submit an application to 

7 the Secretary at such time, in such manner, and accom8 panied by such information as the Secretary may require. 

9 Each such application shall contain— 

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

11 respect to the preparation, induction, and profes12 sional development of early childhood educators, gen13 eral and special education teachers, and principals; 

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

15 teacher preparation program of the eligible partner16 ship prepares new teachers with effective teaching 

17 skills; 

18 ‘‘(3) a description of how the eligible partnership 

19 will coordinate with other teacher preparation or pro20 fessional development programs, including those fund21 ed under the Elementary and Secondary Education 

22 Act of 1965 and the Individuals with Disabilities 

23 Education Act, and how the activities of the eligible 

24 partnership will be consistent with State, local, and 
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•S 1614 RS 

1 other education reform activities that promote student 

2 achievement; 

3 ‘‘(4) a resource assessment that describes the re4 sources available to the eligible partnership, the in5 tended use of the grant funds (including a description 

6 of how the grant funds will be fairly distributed), and 

7 the commitment of the resources of the eligible part8 nership to the activities assisted under this part, in9 cluding financial support, faculty participation, time 

10 commitments, and continuation of the activities when 

11 the grant period ends; 

12 ‘‘(5) a description of— 

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

14 the purposes of this part; 

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

16 out the activities required under subsection (e) 

17 and any permissible activities under subsection 

18 (f); 

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

20 plan pursuant to section 205(b); 

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

22 the teacher preparation program with the chal23 lenging student academic achievement standards, 

24 State early learning standards for early child25 hood education programs (where applicable), and 
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1 challenging academic content standards, estab2 lished by the State in which the partnership is 

3 located; 

4 ‘‘(E) how faculty of the teacher preparation 

5 program at the partner institution will serve, 

6 over the period of the grant, with highly quali7 fied teachers in the classrooms of the high-need 

8 local educational agency included in the eligible 

9 partnership; 

10 ‘‘(F) how the eligible partnership will en11 sure that teachers, principals, and superintend12 ents in all schools (including private schools, as 

13 appropriate) located in the geographic areas 

14 served by an eligible partnership under this sec15 tion are provided information about the activi16 ties carried out with funds under this section, 

17 including through electronic means; 

18 ‘‘(G) how the eligible partnership will de19 sign, implement, or enhance the clinical program 

20 component, including promoting close super21 vision of student teachers by faculty of the teach22 er preparation program and mentor teachers 

23 while in the program and during the student 

24 teachers’ initial years of teaching if hired by 

25 schools included in the eligible partnership; 
481 

•S 1614 RS 

1 ‘‘(H) how the eligible partnership will de2 velop or enhance an induction program that in3 cludes high-quality professional development to 

4 support new teachers during the teachers’ initial 

5 years of teaching that includes teacher mentoring 

6 and collaborating with teachers in the same 

7 grade, department, or field; and 

8 ‘‘(I) how the eligible partnership will collect, 

9 analyze, use, and disseminate data on the reten10 tion of all teachers in schools located in the geo11 graphic areas served by the eligible partnership 

12 to evaluate the effectiveness of its teacher support 

13 system; and 

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

15 will carry out each of the activities described in para16 graph (5). 

17 ‘‘(d) CONSULTATION.— 

18 ‘‘(1) IN GENERAL.—Members of an eligible part19 nership that receives a grant under this section shall 

20 engage in regular consultation throughout the develop21 ment and implementation of programs and activities 

22 under this section. 

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

24 timely and meaningful consultation, regular commu25 nication shall occur among all members of the eligible 
482 

•S 1614 RS 

1 partnership, including the high-need local educational 

2 agency. Such communication shall continue through3 out the implementation of the grant and the assess4 ment of programs and activities under this section. 

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

6 approve changes in grant activities only if a written 

7 consent signed by all members of the eligible partner8 ship is submitted to the Secretary. 

9 ‘‘(e) REQUIRED USES OF FUNDS.—An eligible part10 nership that receives a grant under this section shall use 

11 the grant funds to carry out each of the following activities: 

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

13 preparation program and each early childhood educa14 tor preparation program, where applicable, of the eli15 gible partnership that is assisted under this section 

16 addresses the needs identified in the needs assessment 

17 of the partnership and is preparing current or pro18 spective teachers to be highly qualified, and, where 

19 applicable, early childhood educators to be fully com20 petent, to understand scientifically based research and 

21 its applicability, and to use technology effectively, in22 cluding use of instructional techniques to improve 

23 student academic achievement, and in the case of 

24 early childhood educators, techniques to improve chil-
483 

•S 1614 RS 

1 dren’s cognitive, social, emotional, and physical devel2 opment, by assisting such programs— 

3 ‘‘(A) in retraining faculty; 

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

5 preparation programs so that such programs— 

6 ‘‘(i) are based on rigorous academic 

7 content and scientifically based research 

8 (including scientifically based reading re9 search), and aligned with challenging State 

10 academic content standards, as required 

11 under section 1111(b)(1) of the Elementary 

12 and Secondary Education Act of 1965, and 

13 for early childhood educators, aligned with 

14 State early learning standards; 

15 ‘‘(ii) promote effective teaching skills; 

16 ‘‘(iii) promote understanding of effec17 tive instructional strategies for students 

18 with special needs, including students with 

19 disabilities, students who are limited 

20 English proficient, students who are gifted 

21 and talented, and children in early child22 hood education programs; and 

23 ‘‘(iv) promote high-quality mathe24 matics, science, and foreign language in25 struction, where applicable; 
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•S 1614 RS 

1 ‘‘(C) in ensuring collaboration with depart2 ments, programs, or units outside of the teacher 

3 preparation program in all academic content 

4 areas to ensure a successful combination of 

5 training in both teaching and such content; and 

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

7 clinical experiences, lasting not less than 1 term, 

8 through dissemination of best practices, technical 

9 assistance, or other relevant activities. 

10 ‘‘(2) CLINICAL EXPERIENCE AND INTERACTION.— 

11 Improving sustained and high-quality preservice clin12 ical experiences, including— 

13 ‘‘(A) providing teacher mentoring; and 

14 ‘‘(B) substantially increasing interaction 

15 between faculty at institutions of higher edu16 cation and new and experienced teachers, prin17 cipals, and other administrators at elementary 

18 schools or secondary schools, and providing sup19 port, including preparation time and release 

20 time, for such interaction. 

21 ‘‘(3) SUPPORT PROGRAMS FOR NEW TEACH22 ERS.—Creating a program to support new teachers 

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

24 1 year and not more than 3 years). Such program 
485 

•S 1614 RS 

1 shall promote effective teaching skills and may in2 clude the following components: 

3 ‘‘(A) Development of skills in educational 

4 interventions based on scientifically based re5 search. 

6 ‘‘(B) Development of knowledge of scientif7 ically based research on teaching and learning. 

8 ‘‘(C) Inclusion of faculty who model the in9 tegration of research and practice in the class10 room. 

11 ‘‘(D) Opportunities for— 

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

13 and 

14 ‘‘(ii) additional professional develop15 ment, dissemination of evidence-based re16 search on educational practices, and profes17 sional development activities. 

18 ‘‘(E) Interdisciplinary collaboration among 

19 exemplary teachers, faculty, researchers, and 

20 other staff who prepare new teachers in the 

21 learning process and the assessment of learning. 

22 ‘‘(f) ALLOWABLE USES OF FUNDS.—An eligible part23 nership that receives a grant under this section may use 

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

25 that address the needs identified in the needs assessment: 
486 

•S 1614 RS 

1 ‘‘(1) ALTERNATIVES TO TRADITIONAL PREPARA2 TION FOR TEACHING AND STATE CERTIFICATION OR

3 LICENSURE.—The activity described in section 

4 202(e)(1). 

5 ‘‘(2) DISSEMINATION AND COORDINATION.— 

6 Broadly disseminating information on effective prac7 tices used by the eligible partnership, and coordi8 nating with the recruitment and training activities of 

9 the Governor, State board of education, State agency 

10 for higher education, State agency responsible for 

11 early childhood education, and State educational 

12 agency, as appropriate. 

13 ‘‘(3) INNOVATIVE PROGRAMS.—Developing inno14 vative programs designed to provide graduates of pro15 grams funded under this title with opportunities to 

16 continue their education through supports and oppor17 tunities to improve instructional practices in the ini18 tial years of teaching, including the following: 

19 ‘‘(A) INTERNSHIPS.— 

20 ‘‘(i) TEACHER PREPARATION ENHANCE21 MENT INTERNSHIP.—Developing a 1-year 

22 paid internship program for students who 

23 have completed an initial teacher prepara24 tion program, or alternative routes to State 

25 certification or licensure program, to enable 
487 

•S 1614 RS 

1 such students to develop the skills and expe2 rience necessary for success in teaching, in3 cluding providing intensive clinical train4 ing and combining in-service instruction in 

5 teacher methods and assessments with class6 room observations, experiences, and prac7 tices. Such interns shall have a reduced 

8 teaching load and a mentor for assistance 

9 in the classroom. 

10 ‘‘(ii) MID-CAREER PROFESSIONAL IN11 TERNSHIPS.—Developing a 1-year paid in12 ternship program for mid-career profes13 sionals from other occupations, former mili14 tary personnel, and recent college graduates 

15 from fields other than teacher preparation 

16 with records of academic distinction to en17 able such individuals to develop the skills 

18 and experience necessary for success in 

19 teaching, including providing intensive 

20 clinical training and combining in-service 

21 instruction in teacher methods and assess22 ments with classroom observations, experi23 ences, and practices. Such interns shall have 

24 a reduced teaching load and a mentor for 

25 assistance in the classroom. 
488 

•S 1614 RS 

1 ‘‘(B) RESIDENCY PROGRAMS FOR NEW

2 TEACHERS.—Supporting teachers in a residency 

3 program that provides an induction period for 

4 all new general education and special education 

5 teachers that includes— 

6 ‘‘(i) a forum for information sharing 

7 among prospective teachers, teachers, prin8 cipals, administrators, and participating 

9 faculty in the partner institution; and 

10 ‘‘(ii) the application of scientifically 

11 based research on teaching and learning 

12 generated by entities such as the Institute of 

13 Education Sciences, and the National Re14 search Council of the National Academies. 

15 ‘‘(C) PATHWAYS FOR PARAPROFESSIONALS

16 TO ENTER TEACHING.—Creating intensive pro17 grams to provide the coursework and clinical ex18 periences needed by highly qualified paraprofes19 sionals, as defined in section 2102 of the Elemen20 tary and Secondary Education Act of 1965, to 

21 qualify for State teacher certification or licen22 sure to become highly qualified teachers. 

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

24 Developing and implementing proven mechanisms to 

25 provide principals and superintendents with effective 
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1 managerial, leadership, curricula, and instructional 

2 skills that result in increased student academic 

3 achievement. 

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

5 Providing— 

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

7 individuals who have been accepted by, or who 

8 are enrolled in, a program of undergraduate edu9 cation at an institution of higher education, pay 

10 the costs of tuition, room, board, and other ex11 penses of completing a teacher preparation pro12 gram, if— 

13 ‘‘(i) the Secretary establishes such re14 quirements as the Secretary determines nec15 essary to ensure that recipients of scholar16 ships under this paragraph who complete 

17 teacher preparation programs— 

18 ‘‘(I) subsequently teach in a high19 need local educational agency for a pe20 riod of time equivalent to the period of 

21 time for which the recipient received 

22 the scholarship assistance, plus an ad23 ditional 1 year; or 
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1 ‘‘(II) repay the amount of the 

2 scholarship if the recipient does not 

3 teach as described in subclause (I); and 

4 ‘‘(ii) the eligible partnership provides 

5 an assurance that the eligible partnership 

6 will recruit minority students to become 

7 highly qualified teachers; 

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

9 scholarship recipients to complete postsecondary 

10 education programs, or to transition from a ca11 reer outside of the field of education into a teach12 ing career; and 

13 ‘‘(C) follow-up services for former scholar14 ship recipients during the recipients’ initial 

15 years of teaching. 

16 ‘‘(6) COORDINATION WITH COMMUNITY COL17 LEGES.— 

18 ‘‘(A) TEACHER PREPARATION PROGRAMS.— 

19 Coordinating with 2-year institutions of higher 

20 education to implement teacher preparation pro21 grams, including through distance learning, for 

22 the purposes of allowing prospective teachers— 

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

24 State certification or licensure; and 
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1 ‘‘(ii) to become highly qualified teach2 ers. 

3 ‘‘(B) PROFESSIONAL DEVELOPMENT.—Co4 ordinating with 2-year institutions of higher 

5 education to provide professional development 

6 that— 

7 ‘‘(i) improves the academic content 

8 knowledge of teachers in the academic sub9 ject areas in which the teachers are certified 

10 or licensed to teach, or in which the teachers 

11 are working toward certification or licen12 sure to teach; and 

13 ‘‘(ii) promotes effective teaching skills. 

14 ‘‘(7) CLINICAL EXPERIENCE IN SCIENCE, MATHE15 MATICS, AND TECHNOLOGY.—Creating opportunities 

16 for clinical experience and training for teachers and 

17 prospective teachers through participation with pro18 fessionals in business, research, and work environ19 ments in areas relating to science, mathematics, and 

20 technology, including opportunities for using labora21 tory equipment. 

22 ‘‘(8) PROFESSIONAL DEVELOPMENT.—Creating 

23 opportunities for enhanced and ongoing professional 

24 development for experienced general education and 
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1 special education teachers, early childhood educators, 

2 principals, administrators, and faculty. 

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

4 section 202(e)(9). 

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

6 Increasing the number of— 

7 ‘‘(A) teachers in the classroom providing in8 struction in high-need academic subject areas 

9 (such as reading, mathematics, science, and for10 eign language, including less commonly taught 

11 languages), and high-need areas (such as special 

12 education, language instruction educational pro13 grams for limited English proficient students, 

14 and early childhood education); 

15 ‘‘(B) special education faculty dedicated to 

16 preparing highly qualified special education 

17 teachers at institutions of higher education; and 

18 ‘‘(C) faculty at institutions of higher edu19 cation with expertise in instruction of students 

20 who are limited English proficient. 

21 ‘‘(11) IMPROVING INSTRUCTION.—Improving in22 struction by— 

23 ‘‘(A) improving understanding and instruc24 tion in core academic subjects and other, special-
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1 ized courses, such as geography, American his2 tory and government, and world history; and 

3 ‘‘(B) creating externships for teachers and 

4 prospective teachers for field experience and 

5 training through participation in business, re6 search, and work environments in high-need aca7 demic subject areas (such as reading, mathe8 matics, science, and foreign language, including 

9 less commonly taught languages) and high-need 

10 areas (such as special education, language in11 struction educational programs for limited 

12 English proficient students, and early childhood 

13 education). 

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

15 collaboration with departments, programs, or units of 

16 both academic content and teacher education within 

17 a partner institution, master’s degree programs that 

18 meet the demonstrated needs of teachers in the high19 need local educational agency participating in the eli20 gible partnership for content expertise and teaching 

21 skills. 

22 ‘‘(13) LITERACY TEACHER TRAINING.—Estab23 lishing and implementing a program that strengthens 

24 content knowledge and teaching skills of secondary 

25 school teachers in literacy that— 
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1 ‘‘(A) provides teacher training and stipends 

2 for literacy coaches who train classroom teachers 

3 to implement literacy programs; 

4 ‘‘(B) develops or redesigns rigorous re5 search-based curricula that are aligned with 

6 challenging State academic content standards, as 

7 required under section 1111(b)(1) of the Elemen8 tary and Secondary Education Act of 1965, and 

9 with postsecondary standards for reading and 

10 writing; 

11 ‘‘(C) provides training and stipends for 

12 teachers to tutor students with intense individ13 ualized reading, writing, and subject matter in14 struction during or beyond the school day; 

15 ‘‘(D) provides opportunities for teachers to 

16 plan and assess instruction with other teachers, 

17 school leaders, and faculty at institutions of 

18 higher education; and 

19 ‘‘(E) establishes an evaluation and account20 ability plan for activities conducted under this 

21 paragraph to measure the impact of such activi22 ties. 

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

24 construed to prohibit an eligible partnership from using 

25 grant funds to coordinate with the activities of eligible part-
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1 nerships in other States or on a regional basis through Gov2 ernors, State boards of education, State educational agen3 cies, State agencies responsible for early childhood edu4 cation, local educational agencies, or State agencies for 

5 higher education. 

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

7 available under this section shall be used to supplement, 

8 and not supplant, other Federal, State, and local funds that 

9 would otherwise be expended to carry out activities under 

10 this section. 

11 ‘‘SEC. 204. ADMINISTRATIVE PROVISIONS. 

12 ‘‘(a) DURATION; NUMBER OF AWARDS; PAYMENTS.— 

13 ‘‘(1) DURATION.— 

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

15 to eligible States under this part shall be award16 ed for a period not to exceed 3 years. 

17 ‘‘(B) ELIGIBLE PARTNERSHIPS.—Grants 

18 awarded to eligible partnerships under this part 

19 shall be awarded for a period of 5 years. 

20 ‘‘(2) NUMBER OF AWARDS.—An eligible partner21 ship may not receive more than 1 grant during a 5- 

22 year period. Nothing in this title shall be construed 

23 to prohibit an individual member, that can dem24 onstrate need, of an eligible partnership that receives 

25 a grant under this title from entering into another el-
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1 igible partnership consisting of new members and re2 ceiving a grant with such other eligible partnership 

3 before the 5-year period described in the preceding 

4 sentence applicable to the eligible partnership with 

5 which the individual member has first partnered has 

6 expired. 

7 ‘‘(3) PAYMENTS.—The Secretary shall make an8 nual payments of grant funds awarded under this 

9 part. 

10 ‘‘(b) PEER REVIEW.— 

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

12 applications submitted under this part to a peer re13 view panel for evaluation. With respect to each appli14 cation, the peer review panel shall initially rec15 ommend the application for funding or for dis16 approval. 

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

18 to the Secretary for funding under this part, the 

19 panel shall— 

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

21 202, give priority to eligible States— 

22 ‘‘(i) that have innovative reforms to 

23 hold institutions of higher education with 

24 teacher preparation programs accountable 
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1 for preparing teachers to become highly 

2 qualified and have effective teaching skills; 

3 ‘‘(ii) that have innovative efforts aimed 

4 at reducing the shortage of highly qualified 

5 general and special education teachers, in6 cluding in low-income urban and rural 

7 areas and in high-need academic subject 

8 areas (such as reading, mathematics, 

9 science, and foreign language, including less 

10 commonly taught languages); and 

11 ‘‘(iii) whose awards promote an equi12 table geographic distribution of grants 

13 among rural and urban areas; and 

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

15 203, give priority— 

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

17 eligible partnerships that involve businesses 

18 and community organizations; and 

19 ‘‘(ii) to eligible partnerships so that the 

20 awards promote an equitable geographic 

21 distribution of grants among rural and 

22 urban areas. 

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

24 shall determine, based on the peer review process, 

25 which applications shall receive funding and the 
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1 amounts of the grants. In determining grant 

2 amounts, the Secretary shall take into account the 

3 total amount of funds available for all grants under 

4 this part and the types of activities proposed to be 

5 carried out. 

6 ‘‘(c) MATCHING REQUIREMENTS.— 

7 ‘‘(1) STATE GRANTS.—Each eligible State receiv8 ing a grant under section 202 shall provide, from 

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

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

11 carry out the activities supported by the grant. 

12 ‘‘(2) PARTNERSHIP GRANTS.—Each eligible part13 nership receiving a grant under section 203 shall pro14 vide, from non-Federal sources (in cash or in kind), 

15 an amount equal to 25 percent of the amount of the 

16 grant for the first year of the grant, 35 percent of the 

17 amount of the grant for the second year of the grant, 

18 and 50 percent of the amount of the grant for each 

19 succeeding year of the grant. 

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

21 An eligible State or eligible partnership that receives a 

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

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

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

25 use funds repaid pursuant to section 202(e)(4)(A)(i)(II) or 
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1 section 203(f)(5)(A)(i)(II) to carry out additional activities 

2 under section 202 or 203, respectively. 

3 ‘‘SEC. 205. ACCOUNTABILITY AND EVALUATION. 

4 ‘‘(a) STATE GRANT ACCOUNTABILITY REPORT.—An el5 igible State that receives a grant under section 202 shall 

6 submit an annual accountability report to the Secretary 

7 and the authorizing committees. Such report shall include 

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

9 using funds provided under such section, has made progress 

10 in meeting the purposes of this part and substantial 

11 progress in meeting the following goals, as applicable: 

12 ‘‘(1) STUDENT ACADEMIC ACHIEVEMENT.—In13 creasing student academic achievement for all stu14 dents as defined by the eligible State. 

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

16 academic standards required to enter the teaching 

17 profession as a highly qualified teacher, and where 

18 applicable, as a fully competent early childhood edu19 cator. 

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

21 Improving the pass rates and scaled scores for initial 

22 State teacher certification or licensure, or increasing 

23 the numbers of qualified individuals being certified or 

24 licensed as teachers through alternative routes to 

25 State certification or licensure programs. 
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1 ‘‘(4) PERCENTAGE OF HIGHLY QUALIFIED

2 TEACHERS.—Providing data on the progress of the 

3 State towards meeting the highly qualified teacher re4 quirements under section 1119(a)(2) of the Elemen5 tary and Secondary Education Act of 1965. 

6 ‘‘(5) DECREASING TEACHER SHORTAGES.—De7 creasing shortages of— 

8 ‘‘(A) highly qualified teachers in— 

9 ‘‘(i) low-income urban and rural areas; 

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

11 (such as reading, mathematics, science, and 

12 foreign language, including less commonly 

13 taught languages); 

14 ‘‘(iii) special education; and 

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

16 education, language instruction educational 

17 programs for limited English proficient stu18 dents, and early childhood education); and 

19 ‘‘(B) fully competent early childhood edu20 cators. 

21 ‘‘(6) INCREASING OPPORTUNITIES FOR PROFES22 SIONAL DEVELOPMENT.—Increasing opportunities for 

23 enhanced and ongoing professional development 

24 that— 
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1 ‘‘(A) improves the academic content knowl2 edge of teachers in the academic subject areas in 

3 which the teachers are certified or licensed to 

4 teach or in which the teachers are working to5 ward certification or licensure to teach; and 

6 ‘‘(B) promotes effective teaching skills. 

7 ‘‘(b) ELIGIBLE PARTNERSHIP EVALUATION.—Each el8 igible partnership submitting an application for a grant 

9 under section 203 shall establish and include in such appli10 cation, an evaluation plan that includes strong performance 

11 objectives. The plan shall include objectives and measures 

12 for increasing— 

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

14 measured by the eligible partnership; 

15 ‘‘(2) teacher retention in the first 3 years of a 

16 teacher’s career; 

17 ‘‘(3) improvement in the pass rates and scaled 

18 scores for initial State certification or licensure of 

19 teachers; 

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

21 hired by the high-need local educational agency par22 ticipating in the eligible partnership; and 

23 ‘‘(5) the percentage of— 

24 ‘‘(A) highly qualified teachers among under25 represented groups, in high-need academic sub-
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1 ject areas (such as reading, mathematics, science, 

2 and foreign language, including less commonly 

3 taught languages), in high-need areas (such as 

4 special education, language instruction edu5 cational programs for limited English proficient 

6 students, and early childhood education), and in 

7 high-need schools; 

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

9 secondary school classes taught by teachers who 

10 are highly qualified; 

11 ‘‘(C) early childhood education program 

12 classes taught by providers who are fully com13 petent; and 

14 ‘‘(D) highly qualified special education 

15 teachers. 

16 ‘‘(c) REVOCATION OF GRANT.— 

17 ‘‘(1) ELIGIBLE STATES.—If the Secretary deter18 mines that an eligible State is not making substantial 

19 progress in meeting the purposes, goals, objectives, 

20 and measures, as appropriate, by the end of the sec21 ond year of a grant under this part, then the grant 

22 payment shall not be made for the third year of the 

23 grant. 

24 ‘‘(2) ELIGIBLE PARTNERSHIPS.—If the Secretary 

25 determines that an eligible partnership is not making 
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•S 1614 RS 

1 substantial progress in meeting the purposes, goals, 

2 objectives, and measures, as appropriate, by the end 

3 of the third year of a grant under this part, then the 

4 grant payments shall not be made for any succeeding 

5 year of the grant. 

6 ‘‘(d) EVALUATION AND DISSEMINATION.—The Sec7 retary shall evaluate the activities funded under this part 

8 and report the Secretary’s findings regarding the activities 

9 to the authorizing committees. The Secretary shall broadly 

10 disseminate— 

11 ‘‘(1) successful practices developed by eligible 

12 States and eligible partnerships under this part; and 

13 ‘‘(2) information regarding such practices that 

14 were found to be ineffective. 

15 ‘‘SEC. 206. ACCOUNTABILITY FOR PROGRAMS THAT PRE16 PARE TEACHERS. 

17 ‘‘(a) INSTITUTIONAL AND PROGRAM REPORT CARDS

18 ON THE QUALITY OF TEACHER PREPARATION.— 

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

20 education that conducts a traditional teacher prepa21 ration program or alternative routes to State certifi22 cation or licensure program and that enrolls students 

23 receiving Federal assistance under this Act shall re24 port annually to the State and the general public, in 

25 a uniform and comprehensible manner that conforms 
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1 with the definitions and methods established by the 

2 Secretary, both for traditional teacher preparation 

3 programs and alternative routes to State certification 

4 or licensure programs, the following information: 

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

6 For the most recent year for which the informa7 tion is available for those students who took the 

8 assessments and are enrolled in the traditional 

9 teacher preparation program or alternative 

10 routes to State certification or licensure pro11 gram, and for those who have taken the assess12 ments and have completed the traditional teacher 

13 preparation program or alternative routes to 

14 State certification or licensure program during 

15 the 2-year period preceding such year, for each 

16 of the assessments used for teacher certification 

17 or licensure by the State in which the program 

18 is located— 

19 ‘‘(i) the percentage of students who 

20 have completed 100 percent of the nonclin21 ical coursework and taken the assessment 

22 who pass such assessment; 

23 ‘‘(ii) the percentage of all such students 

24 who passed each such assessment; 
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1 ‘‘(iii) the percentage of students taking 

2 an assessment who completed the teacher 

3 preparation program after enrolling in the 

4 program, which shall be made available 

5 widely and publicly by the State; 

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

7 students who took each such assessment; 

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

9 pass rates with the average pass rates for 

10 programs in the State; and 

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

12 average scaled scores with the average scaled 

13 scores for programs in the State. 

14 ‘‘(B) PROGRAM INFORMATION.—The criteria 

15 for admission into the program, the number of 

16 students in the program (disaggregated by race 

17 and gender), the average number of hours of su18 pervised clinical experience required for those in 

19 the program, the number of full-time equivalent 

20 faculty and students in the supervised clinical 

21 experience, and the total number of students who 

22 have been certified or licensed as teachers, 

23 disaggregated by subject and area of certification 

24 or licensure. 
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1 ‘‘(C) STATEMENT.—In States that require 

2 approval or accreditation of teacher preparation 

3 programs, a statement of whether the institu4 tion’s program is so approved or accredited, and 

5 by whom. 

6 ‘‘(D) DESIGNATION AS LOW-PERFORMING.— 

7 Whether the program has been designated as low8 performing by the State under section 207(a). 

9 ‘‘(E) USE OF TECHNOLOGY.—A description 

10 of the activities that prepare teachers to effec11 tively integrate technology into curricula and in12 struction and effectively use technology to collect, 

13 manage, and analyze data in order to improve 

14 teaching, learning, and decision making for the 

15 purpose of increasing student academic achieve16 ment. 

17 ‘‘(2) REPORT.—Each eligible partnership receiv18 ing a grant under section 203 shall report annually 

19 on the progress of the eligible partnership toward 

20 meeting the purposes of this part and the objectives 

21 and measures described in section 205(b). 

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

23 not to exceed $25,000 on an institution of higher edu24 cation for failure to provide the information described 

25 in this subsection in a timely or accurate manner. 
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1 ‘‘(4) SPECIAL RULE.—In the case of an institu2 tion of higher education that conducts a traditional 

3 teacher preparation program or alternative routes to 

4 State certification or licensure program and has fewer 

5 than 10 scores reported on any single initial teacher 

6 certification or licensure assessment during an aca7 demic year, the institution shall collect and publish 

8 information, as required under paragraph (1)(A), 

9 with respect to an average pass rate and scaled score 

10 on each State certification or licensure assessment 

11 taken over a 3-year period. 

12 ‘‘(b) STATE REPORT CARD ON THE QUALITY OF

13 TEACHER PREPARATION.— 

14 ‘‘(1) IN GENERAL.—Each State that receives 

15 funds under this Act shall provide to the Secretary, 

16 annually, in a uniform and comprehensible manner 

17 that conforms with the definitions and methods estab18 lished by the Secretary, a State report card on the 

19 quality of teacher preparation in the State, both for 

20 traditional teacher preparation programs and for al21 ternative routes to State certification or licensure pro22 grams, which shall include not less than the following: 

23 ‘‘(A) A description of reliability and valid24 ity of the teacher certification and licensure as-
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1 sessments, and any other certification and licen2 sure requirements, used by the State. 

3 ‘‘(B) The standards and criteria that pro4 spective teachers must meet in order to attain 

5 initial teacher certification or licensure and to be 

6 certified or licensed to teach particular academic 

7 subject areas or in particular grades within the 

8 State. 

9 ‘‘(C) A description of how the assessments 

10 and requirements described in subparagraph (A) 

11 are aligned with the State’s challenging aca12 demic content standards required under section 

13 1111(b)(1) of the Elementary and Secondary 

14 Education Act of 1965 and State early learning 

15 standards for early childhood education pro16 grams. 

17 ‘‘(D) For each of the assessments used by 

18 the State for teacher certification or licensure— 

19 ‘‘(i) for each institution of higher edu20 cation located in the State and each entity 

21 located in the State that offers an alter22 native route for teacher certification or li23 censure, the percentage of students at such 

24 institution or entity who have completed 

25 100 percent of the nonclinical coursework 
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1 and taken the assessment who pass such as2 sessment; 

3 ‘‘(ii) the percentage of all such students 

4 at all such institutions taking the assess5 ment who pass such assessment; and 

6 ‘‘(iii) the percentage of students taking 

7 an assessment who completed the teacher 

8 preparation program after enrolling in the 

9 program, which shall be made available 

10 widely and publicly by the State. 

11 ‘‘(E) A description of alternative routes to 

12 State certification or licensure in the State (in13 cluding any such routes operated by entities that 

14 are not institutions of higher education), if any, 

15 including, for each of the assessments used by the 

16 State for teacher certification or licensure— 

17 ‘‘(i) the percentage of individuals par18 ticipating in such routes, or who have com19 pleted such routes during the 2-year period 

20 preceding the date of the determination, 

21 who passed each such assessment; and 

22 ‘‘(ii) the average scaled score of indi23 viduals participating in such routes, or who 

24 have completed such routes during the pe-
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1 riod preceding the date of the determina2 tion, who took each such assessment. 

3 ‘‘(F) A description of the State’s criteria for 

4 assessing the performance of teacher preparation 

5 programs within institutions of higher education 

6 in the State. Such criteria shall include indica7 tors of the academic content knowledge and 

8 teaching skills of students enrolled in such pro9 grams. 

10 ‘‘(G) For each teacher preparation program 

11 in the State, the criteria for admission into the 

12 program, the number of students in the program, 

13 disaggregated by race and gender (except that 

14 such disaggregation shall not be required in a 

15 case in which the number of students in a cat16 egory is insufficient to yield statistically reliable 

17 information or the results would reveal person18 ally identifiable information about an indi19 vidual student), the average number of hours of 

20 supervised clinical experience required for those 

21 in the program, and the number of full-time 

22 equivalent faculty, adjunct faculty, and students 

23 in supervised clinical experience. 

24 ‘‘(H) For the State as a whole, and for each 

25 teacher preparation program in the State, the 
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1 number of teachers prepared, in the aggregate 

2 and reported separately by— 

3 ‘‘(i) area of certification or licensure; 

4 ‘‘(ii) academic major; and 

5 ‘‘(iii) subject area for which the teacher 

6 has been prepared to teach. 

7 ‘‘(I) Using the data generated under sub8 paragraphs (G) and (H), a description of the ex9 tent to which teacher preparation programs are 

10 helping to address shortages of highly qualified 

11 teachers, by area of certification or licensure, 

12 subject, and specialty, in the State’s public 

13 schools, including those areas described in section 

14 205(a)(5). 

15 ‘‘(J) A description of the activities that pre16 pare teachers to effectively integrate technology 

17 into curricula and instruction and effectively use 

18 technology to collect, manage, and analyze data 

19 in order to improve teaching, learning, and deci20 sion making for the purpose of increasing stu21 dent academic achievement. 

22 ‘‘(2) PROHIBITION AGAINST CREATING A NA23 TIONAL LIST.—The Secretary shall not create a na24 tional list or ranking of States, institutions, or 
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1 schools using the scaled scores provided under this 

2 subsection. 

3 ‘‘(c) REPORT OF THE SECRETARY ON THE QUALITY

4 OF TEACHER PREPARATION.— 

5 ‘‘(1) REPORT CARD.—The Secretary shall pro6 vide to Congress, and publish and make widely avail7 able, a report card on teacher qualifications and 

8 preparation in the United States, including all the 

9 information reported in subparagraphs (A) through 

10 (J) of subsection (b)(1). Such report shall identify 

11 States for which eligible States and eligible partner12 ships received a grant under this part. Such report 

13 shall be so provided, published, and made available 

14 annually. 

15 ‘‘(2) REPORT TO CONGRESS.—The Secretary 

16 shall prepare and submit a report to Congress that 

17 contains the following: 

18 ‘‘(A) A comparison of States’ efforts to im19 prove the quality of the current and future teach20 ing force. 

21 ‘‘(B) A comparison of eligible partnerships’ 

22 efforts to improve the quality of the current and 

23 future teaching force. 

24 ‘‘(C) The national mean and median scaled 

25 scores and pass rate on any standardized test 
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•S 1614 RS 

1 that is used in more than 1 State for teacher cer2 tification or licensure. 

3 ‘‘(3) SPECIAL RULE.—In the case of a teacher 

4 preparation program with fewer than 10 scores re5 ported on any single initial teacher certification or li6 censure assessment during an academic year, the Sec7 retary shall collect and publish information, and 

8 make publicly available, with respect to an average 

9 pass rate and scaled score on each State certification 

10 or licensure assessment taken over a 3-year period. 

11 ‘‘(d) COORDINATION.—The Secretary, to the extent 

12 practicable, shall coordinate the information collected and 

13 published under this part among States for individuals who 

14 took State teacher certification or licensure assessments in 

15 a State other than the State in which the individual re16 ceived the individual’s most recent degree. 

17 ‘‘SEC. 207. STATE FUNCTIONS. 

18 ‘‘(a) STATE ASSESSMENT.—In order to receive funds 

19 under this Act, a State shall have in place a procedure to 

20 identify and assist, through the provision of technical as21 sistance, low-performing programs of teacher preparation. 

22 Such State shall provide the Secretary an annual list of 

23 such low-performing teacher preparation programs that in24 cludes an identification of those programs at risk of being 

25 placed on such list. Such levels of performance shall be de-
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•S 1614 RS 

1 termined solely by the State and may include criteria based 

2 on information collected pursuant to this part. Such assess3 ment shall be described in the report under section 206(b). 

4 ‘‘(b) TERMINATION OF ELIGIBILITY.—Any program of 

5 teacher preparation from which the State has withdrawn 

6 the State’s approval, or terminated the State’s financial 

7 support, due to the low performance of the program based 

8 upon the State assessment described in subsection (a)— 

9 ‘‘(1) shall be ineligible for any funding for pro10 fessional development activities awarded by the De11 partment; 

12 ‘‘(2) shall not be permitted to accept or enroll 

13 any student that receives aid under title IV in the in14 stitution’s teacher preparation program; and 

15 ‘‘(3) shall provide transitional support, includ16 ing remedial services if necessary, for students en17 rolled at the institution at the time of termination of 

18 financial support or withdrawal of approval. 

19 ‘‘(c) NEGOTIATED RULEMAKING.—If the Secretary de20 velops any regulations implementing subsection (b)(2), the 

21 Secretary shall submit such proposed regulations to a nego22 tiated rulemaking process, which shall include representa23 tives of States, institutions of higher education, and edu24 cational and student organizations. 
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1 ‘‘(d) APPLICATION OF THE REQUIREMENTS.—The re2 quirements of this section shall apply to both traditional 

3 teacher preparation programs and alternative routes to 

4 State certification and licensure programs. 

5 ‘‘SEC. 208. GENERAL PROVISIONS. 

6 ‘‘(a) METHODS.—In complying with sections 206 and 

7 207, the Secretary shall ensure that States and institutions 

8 of higher education use fair and equitable methods in re9 porting and that the reporting methods do not allow identi10 fication of individuals. 

11 ‘‘(b) SPECIAL RULE.—For each State that does not use 

12 content assessments as a means of ensuring that all teachers 

13 teaching in core academic subjects within the State are 

14 highly qualified not later than the end of the 2005-2006 

15 school year, as required under section 1119 of the Elemen16 tary and Secondary Education Act of 1965, and that each 

17 person employed as a special education teacher in the State 

18 who teaches elementary school, middle school, or secondary 

19 school is highly qualified by such deadline, as required 

20 under section 612(a)(14)(C) of the Individuals with Dis21 abilities Education Act,— 

22 ‘‘(1) the Secretary shall, to the extent practicable, 

23 collect data comparable to the data required under 

24 this part from States, local educational agencies, in25 stitutions of higher education, or other entities that 
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1 administer such assessments to teachers or prospective 

2 teachers; and 

3 ‘‘(2) notwithstanding any other provision of this 

4 part, the Secretary shall use such data to carry out 

5 requirements of this part related to assessments, pass 

6 rates, and scaled scores. 

7 ‘‘(c) LIMITATIONS.— 

8 ‘‘(1) FEDERAL CONTROL PROHIBITED.—Nothing 

9 in this title shall be construed to permit, allow, en10 courage, or authorize any Federal control over any 

11 aspect of any private, religious, or home school, 

12 whether or not a home school is treated as a private 

13 school or home school under State law. This section 

14 shall not be construed to prohibit private, religious, or 

15 home schools from participation in programs or serv16 ices under this title. 

17 ‘‘(2) NO CHANGE IN STATE CONTROL ENCOUR18 AGED OR REQUIRED.—Nothing in this title shall be 

19 construed to encourage or require any change in a 

20 State’s treatment of any private, religious, or home 

21 school, whether or not a home school is treated as a 

22 private school or home school under State law. 

23 ‘‘(3) NATIONAL SYSTEM OF TEACHER CERTIFI24 CATION OR LICENSURE PROHIBITED.—Nothing in this 

25 title shall be construed to permit, allow, encourage, or 
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1 authorize the Secretary to establish or support any 

2 national system of teacher certification or licensure. 

3 ‘‘(d) RELEASE OF INFORMATION TO TEACHER PREPA4 RATION PROGRAMS.— 

5 ‘‘(1) IN GENERAL.—For the purpose of improv6 ing teacher preparation programs, a State edu7 cational agency shall provide to a teacher preparation 

8 program, upon the request of the teacher preparation 

9 program, any and all pertinent education-related in10 formation that— 

11 ‘‘(A) may enable the teacher preparation 

12 program to evaluate the effectiveness of the pro13 gram’s graduates or the program itself; and 

14 ‘‘(B) is possessed, controlled, or accessible by 

15 the State educational agency. 

16 ‘‘(2) CONTENT OF INFORMATION.—The informa17 tion described in paragraph (1)— 

18 ‘‘(A) shall include an identification of spe19 cific individuals who graduated from the teacher 

20 preparation program to enable the teacher prep21 aration program to evaluate the information 

22 provided to the program from the State edu23 cational agency with the program’s own data 

24 about the specific courses taken by, and field ex25 periences of, the individual graduates; and 
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1 ‘‘(B) may include— 

2 ‘‘(i) kindergarten through grade 12 

3 academic achievement and demographic 

4 data, without revealing personally identifi5 able information about an individual stu6 dent, for students who have been taught by 

7 graduates of the teacher preparation pro8 gram; and 

9 ‘‘(ii) teacher effectiveness evaluations 

10 for teachers who graduated from the teacher 

11 preparation program. 

12 ‘‘SEC. 209. AUTHORIZATION OF APPROPRIATIONS. 

13 ‘‘(a) IN GENERAL.—There are authorized to be appro14 priated to carry out this part such sums as may be nec15 essary for fiscal year 2006 and each of the 5 succeeding 

16 fiscal years, of which— 

17 ‘‘(1) 50 percent shall be available for each fiscal 

18 year to award grants under section 202; and 

19 ‘‘(2) 50 percent shall be available for each fiscal 

20 year to award grants under section 203. 

21 ‘‘(b) SPECIAL RULE.—If the Secretary determines that 

22 there is an insufficient number of meritorious applications 

23 for grants under section 202 or 203 to justify awarding the 

24 full amount described in paragraph (1) or (2) of subsection 

25 (a), respectively, the Secretary may, after funding the meri-
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1 torious applications, use the remaining funds for grants 

2 under the other such section.’’. 

3 TITLE III—INSTITUTIONAL AID 

4 SEC. 301. PROGRAM PURPOSE. 

5 Section 311 (20 U.S.C. 1057) is amended— 

6 (1) in subsection (b)— 

7 (A) in paragraph (1), by striking ‘‘351’’ 

8 and inserting ‘‘391’’; and 

9 (B) in paragraph (3)(F), by inserting ‘‘, in10 cluding services that will assist in the education 

11 of special populations’’ before the period; and 

12 (2) in subsection (c)— 

13 (A) in paragraph (6), by inserting ‘‘, in14 cluding innovative, customized, remedial edu15 cation and English language instruction courses 

16 designed to help retain students and move the 

17 students rapidly into core courses and through 

18 program completion’’ before the period; 

19 (B) by redesignating paragraphs (7) 

20 through (12) as paragraphs (8) through (13), re21 spectively; 

22 (C) by inserting after paragraph (6) the fol23 lowing: 
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1 ‘‘(7) Education or counseling services designed to 

2 improve the financial literacy and economic literacy 

3 of students or the students’ parents.’’; and 

4 (D) in the matter preceding subparagraph 

5 (A) of paragraph (13) (as redesignated by sub6 paragraph (B)), by striking ‘‘subsection (c)’’ and 

7 inserting ‘‘subsection (b) and section 391’’. 

8 SEC. 302. DEFINITIONS; ELIGIBILITY. 

9 Section 312 (20 U.S.C. 1058) is amended— 

10 (1) in subsection (b)(1)(A), by striking ‘‘sub11 section (c) of this section’’ and inserting ‘‘subsection 

12 (d)’’; and 

13 (2) in subsection (d)(2), by striking ‘‘subdivi14 sion’’ and inserting ‘‘paragraph’’. 

15 SEC. 303. AMERICAN INDIAN TRIBALLY CONTROLLED COL16 LEGES AND UNIVERSITIES. 

17 Section 316 (20 U.S.C. 1059c) is amended— 

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

19 the following: 

20 ‘‘(3) TRIBAL COLLEGE OR UNIVERSITY.—The 

21 term ‘Tribal College or University’ means an institu22 tion that— 

23 ‘‘(A) qualifies for funding under the Trib24 ally Controlled College or University Assistance 

25 Act of 1978 (25 U.S.C. 1801 et seq.) or the Nav-
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1 ajo Community College Assistance Act of 1978 

2 (25 U.S.C. 640a note); or 

3 ‘‘(B) is cited in section 532 of the Equity 

4 in Educational Land-Grant Status Act of 1994 

5 (7 U.S.C. 301 note).’’; 

6 (2) in subsection (c)(2)— 

7 (A) in subparagraph (B), by inserting be8 fore the semicolon at the end the following: ‘‘and 

9 the acquisition of real property adjacent to the 

10 campus of the institution’’; 

11 (B) by redesignating subparagraphs (G), 

12 (H), (I), (J), (K), and (L) as subparagraphs 

13 (H), (I), (J), (K), (L), and (N), respectively; 

14 (C) by inserting after subparagraph (F) the 

15 following: 

16 ‘‘(G) education or counseling services de17 signed to improve the financial literacy and eco18 nomic literacy of students or parents of stu19 dents;’’; 

20 (D) in subparagraph (L) (as redesignated 

21 by subparagraph (B)), by striking ‘‘and’’ after 

22 the semicolon; 

23 (E) by inserting after subparagraph (L) (as 

24 redesignated by subparagraph (B)) the following: 
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1 ‘‘(M) developing or improving facilities for 

2 Internet use or other distance learning academic 

3 instruction capabilities; and’’; and 

4 (F) in subparagraph (N) (as redesignated 

5 by subparagraph (B)), by striking ‘‘subpara6 graphs (A) through (K)’’ and inserting ‘‘sub7 paragraphs (A) through (M)’’; and 

8 (3) by striking subsection (d) and inserting the 

9 following: 

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

11 ‘‘(1) INSTITUTIONAL ELIGIBILITY.—To be eligible 

12 to receive assistance under this section, a Tribal Col13 lege or University shall be an eligible institution 

14 under section 312(b). 

15 ‘‘(2) APPLICATION.— 

16 ‘‘(A) IN GENERAL.—A Tribal College or 

17 University desiring to receive assistance under 

18 this section shall submit an application to the 

19 Secretary at such time, and in such manner, as 

20 the Secretary may reasonably require. 

21 ‘‘(B) STREAMLINED PROCESS.—The Sec22 retary shall establish application requirements 

23 in such a manner as to simplify and streamline 

24 the process for applying for grants. 

25 ‘‘(3) ALLOCATIONS TO INSTITUTIONS.— 
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1 ‘‘(A) CONSTRUCTION GRANTS.— 

2 ‘‘(i) IN GENERAL.—Of the amount ap3 propriated to carry out this section for any 

4 fiscal year, the Secretary may reserve 30 

5 percent for the purpose of awarding 1-year 

6 grants of not less than $1,000,000 to ad7 dress construction, maintenance, and ren8 ovation needs at eligible institutions. 

9 ‘‘(ii) PREFERENCE.—In providing 

10 grants under clause (i), the Secretary shall 

11 give preference to eligible institutions that 

12 have not yet received an award under this 

13 section. 

14 ‘‘(B) ALLOTMENT OF REMAINING FUNDS.— 

15 ‘‘(i) IN GENERAL.—Except as provided 

16 in clause (ii), the Secretary shall distribute 

17 the remaining funds appropriated for any 

18 fiscal year to each eligible institution as fol19 lows: 

20 ‘‘(I) 60 percent of the remaining 

21 appropriated funds shall be distributed 

22 among the eligible Tribal Colleges and 

23 Universities on a pro rata basis, based 

24 on the respective Indian student counts 

25 (as defined in section 2(a) of the Trib-
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1 ally Controlled College or University 

2 Assistance Act of 1978 (25 U.S.C. 

3 1801(a)) of the Tribal Colleges and 

4 Universities; and 

5 ‘‘(II) the remaining 40 percent 

6 shall be distributed in equal shares to 

7 the eligible Tribal Colleges and Univer8 sities. 

9 ‘‘(ii) MINIMUM GRANT.—The amount 

10 distributed to a Tribal College or University 

11 under clause (i) shall not be less than 

12 $500,000. 

13 ‘‘(4) SPECIAL RULES.— 

14 ‘‘(A) CONCURRENT FUNDING.—For the pur15 poses of this part, no Tribal College or Univer16 sity that is eligible for and receives funds under 

17 this section shall concurrently receive funds 

18 under other provisions of this part or part B. 

19 ‘‘(B) EXEMPTION.—Section 313(d) shall not 

20 apply to institutions that are eligible to receive 

21 funds under this section.’’. 

22 SEC. 304. ALASKA NATIVE AND NATIVE HAWAIIAN-SERVING 

23 INSTITUTIONS. 

24 Section 317(c)(2) (20 U.S.C. 1059d(c)(2)) is amend25 ed— 
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1 (1) in subparagraph (G), by striking ‘‘and’’ after 

2 the semicolon; 

3 (2) in subparagraph (H), by striking the period 

4 and inserting ‘‘; and’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(I) education or counseling services de7 signed to improve the financial literacy and eco8 nomic literacy of students or the students’ par9 ents.’’. 

10 SEC. 305. NATIVE AMERICAN-SERVING, NONTRIBAL INSTI11 TUTIONS. 

12 (a) GRANT PROGRAM AUTHORIZED.—Part A of title 

13 III (20 U.S.C. 1057 et seq.) is amended by adding at the 

14 end the following: 

15 ‘‘SEC. 318. NATIVE AMERICAN-SERVING, NONTRIBAL INSTI16 TUTIONS. 

17 ‘‘(a) PROGRAM AUTHORIZED.—The Secretary shall 

18 provide grants and related assistance to Native American19 serving, nontribal institutions to enable such institutions 

20 to improve and expand their capacity to serve Native Amer21 icans. 

22 ‘‘(b) DEFINITIONS.—In this section: 

23 ‘‘(1) NATIVE AMERICAN.—The term ‘Native 

24 American’ means an individual who is of a tribe, 
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1 people, or culture that is indigenous to the United 

2 States. 

3 ‘‘(2) NATIVE AMERICAN-SERVING, NONTRIBAL IN4 STITUTION.—The term ‘Native American-serving, 

5 nontribal institution’ means an institution of higher 

6 education that, at the time of application— 

7 ‘‘(A) has an enrollment of undergraduate 

8 students that is not less than 10 percent Native 

9 American students; and 

10 ‘‘(B) is not a Tribal College or University 

11 (as defined in section 316). 

12 ‘‘(c) AUTHORIZED ACTIVITIES.— 

13 ‘‘(1) TYPES OF ACTIVITIES AUTHORIZED.— 

14 Grants awarded under this section shall be used by 

15 Native American-serving, nontribal institutions to as16 sist such institutions to plan, develop, undertake, and 

17 carry out activities to improve and expand such in18 stitutions’ capacity to serve Native Americans. 

19 ‘‘(2) EXAMPLES OF AUTHORIZED ACTIVITIES.— 

20 Such programs may include— 

21 ‘‘(A) the purchase, rental, or lease of sci22 entific or laboratory equipment for educational 

23 purposes, including instructional and research 

24 purposes; 
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1 ‘‘(B) renovation and improvement in class2 room, library, laboratory, and other instruc3 tional facilities; 

4 ‘‘(C) support of faculty exchanges, and fac5 ulty development and faculty fellowships to as6 sist faculty in attaining advanced degrees in the 

7 faculty’s field of instruction; 

8 ‘‘(D) curriculum development and academic 

9 instruction; 

10 ‘‘(E) the purchase of library books, periodi11 cals, microfilm, and other educational materials; 

12 ‘‘(F) funds and administrative manage13 ment, and acquisition of equipment for use in 

14 strengthening funds management; 

15 ‘‘(G) the joint use of facilities such as lab16 oratories and libraries; and 

17 ‘‘(H) academic tutoring and counseling pro18 grams and student support services. 

19 ‘‘(d) APPLICATION PROCESS.— 

20 ‘‘(1) INSTITUTIONAL ELIGIBILITY.—A Native 

21 American-serving, nontribal institution desiring to 

22 receive assistance under this section shall submit to 

23 the Secretary such enrollment data as may be nec24 essary to demonstrate that the institution is a Native 

25 American-serving, nontribal institution, along with 
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1 such other information and data as the Secretary 

2 may by regulation require. 

3 ‘‘(2) APPLICATIONS.— 

4 ‘‘(A) PERMISSION TO SUBMIT APPLICA5 TIONS.—Any institution that is determined by 

6 the Secretary to be a Native American-serving, 

7 nontribal institution may submit an application 

8 for assistance under this section to the Secretary. 

9 ‘‘(B) SIMPLIFIED AND STREAMLINED FOR10 MAT.—The Secretary shall, to the extent possible, 

11 prescribe a simplified and streamlined format 

12 for applications under this section that takes 

13 into account the limited number of institutions 

14 that are eligible for assistance under this section. 

15 ‘‘(C) CONTENT.—An application submitted 

16 under subparagraph (A) shall include— 

17 ‘‘(i) a 5-year plan for improving the 

18 assistance provided by the Native Amer19 ican-serving, nontribal institution to Native 

20 Americans; and 

21 ‘‘(ii) such other information and assur22 ances as the Secretary may require. 

23 ‘‘(3) SPECIAL RULES.— 

24 ‘‘(A) ELIGIBILITY.—No Native American25 serving, nontribal institution that receives funds 
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1 under this section shall concurrently receive 

2 funds under other provisions of this part or part 

3 B. 

4 ‘‘(B) EXEMPTION.—Section 313(d) shall not 

5 apply to institutions that are eligible to receive 

6 funds under this section. 

7 ‘‘(C) DISTRIBUTION.—In awarding grants 

8 under this section, the Secretary shall, to the ex9 tent possible and consistent with the competitive 

10 process under which such grants are awarded, 

11 ensure maximum and equitable distribution 

12 among all eligible institutions.’’. 

13 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

14 399 (20 U.S.C. 1068h) is amended by adding at the end 

15 the following: 

16 ‘‘(c) MINIMUM GRANT AMOUNT.—The minimum 

17 amount of a grant under this title shall be $200,000.’’. 

18 SEC. 306. PART B DEFINITIONS. 

19 Section 322(4) (20 U.S.C. 1061(4)) is amended by in20 serting ‘‘, in consultation with the Commissioner for Edu21 cation Statistics’’ before ‘‘and the Commissioner’’. 

22 SEC. 307. GRANTS TO INSTITUTIONS. 

23 Section 323(a) (20 U.S.C. 1062(a)) is amended— 

24 (1) in the matter preceding paragraph (1), by 

25 striking ‘‘360(a)(2)’’ and inserting ‘‘399(a)(2)’’; 
530 

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1 (2) by redesignating paragraphs (7) through (12) 

2 as paragraphs (8) through (13), respectively; and 

3 (3) by inserting after paragraph (6) the fol4 lowing: 

5 ‘‘(7) Education or counseling services designed to 

6 improve the financial literacy and economic literacy 

7 of students or the students’ parents.’’. 

8 SEC. 308. ALLOTMENTS TO INSTITUTIONS. 

9 Section 324 (20 U.S.C. 1063) is amended by adding 

10 at the end the following: 

11 ‘‘(h) SPECIAL RULE ON ELIGIBILITY.—Notwith12 standing any other provision of this section, a part B insti13 tution shall not receive an allotment under this section un14 less the part B institution provides, on an annual basis, 

15 data indicating that the part B institution— 

16 ‘‘(1) enrolled Federal Pell Grant recipients in the 

17 preceding academic year; 

18 ‘‘(2) in the preceding academic year, has grad19 uated students from a program of academic study 

20 that is licensed or accredited by a nationally recog21 nized accrediting agency or association recognized by 

22 the Secretary pursuant to part H of title IV where 

23 appropriate; and 
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1 ‘‘(3) where appropriate, has graduated students 

2 who, within the past 5 years, enrolled in graduate or 

3 professional school.’’. 

4 SEC. 309. PROFESSIONAL OR GRADUATE INSTITUTIONS. 

5 Section 326 (20 U.S.C. 1063b) is amended— 

6 (1) in subsection (c)— 

7 (A) in paragraph (2), by inserting ‘‘, and 

8 for the acquisition and development of real prop9 erty that is adjacent to the campus for such con10 struction, maintenance, renovation, or improve11 ment’’ after ‘‘services’’; 

12 (B) by redesignating paragraphs (5) 

13 through (7) as paragraphs (7) through (9), re14 spectively; 

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

17 ‘‘(5) tutoring, counseling, and student service 

18 programs designed to improve academic success; 

19 ‘‘(6) education or counseling services designed to 

20 improve the financial literacy and economic literacy 

21 of students or the students’ parents;’’; 

22 (D) in paragraph (7) (as redesignated by 

23 subparagraph (B)), by striking ‘‘establish or im24 prove’’ and inserting ‘‘establishing or improv25 ing’’; 
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1 (E) in paragraph (8) (as redesignated by 

2 subparagraph (B))— 

3 (i) by striking ‘‘assist’’ and inserting 

4 ‘‘assisting’’; and 

5 (ii) by striking ‘‘and’’ after the semi6 colon; 

7 (F) in paragraph (9) (as redesignated by 

8 subparagraph (B)), by striking the period and 

9 inserting ‘‘; and’’; and 

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

11 ‘‘(10) other activities proposed in the application 

12 submitted under subsection (d) that— 

13 ‘‘(A) contribute to carrying out the purposes 

14 of this part; and 

15 ‘‘(B) are approved by the Secretary as part 

16 of the review and acceptance of such applica17 tion.’’; 

18 (2) in subsection (e)— 

19 (A) in paragraph (1)— 

20 (i) by inserting a colon after ‘‘the fol21 lowing’’; 

22 (ii) in subparagraph (Q), by striking 

23 ‘‘and’’ at the end; 

24 (iii) in subparagraph (R), by striking 

25 the period and inserting a semicolon; and 
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1 (iv) by adding at the end the following: 

2 ‘‘(S) Alabama State University qualified 

3 graduate program; 

4 ‘‘(T) Coppin State University qualified 

5 graduate program; and 

6 ‘‘(U) Prairie View A & M University quali7 fied graduate program.’’; 

8 (B) in paragraph (2), by inserting ‘‘in law 

9 or’’ after ‘‘instruction’’; and 

10 (C) in paragraph (3)— 

11 (i) by striking ‘‘1998’’ and inserting 

12 ‘‘2006’’; and 

13 (ii) by striking ‘‘(Q) and (R)’’ and in14 serting ‘‘(S), (T), and (U)’’; 

15 (3) in subsection (f)— 

16 (A) in paragraph (1), by striking ‘‘(P)’’ 

17 and inserting ‘‘(R)’’; and 

18 (B) in paragraph (3)— 

19 (i) by striking subparagraphs (A) and 

20 (B) and inserting the following: 

21 ‘‘(A) The amount of non-Federal funds for 

22 the fiscal year for which the determination is 

23 made that the institution or program listed in 

24 subsection (e)— 
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1 ‘‘(i) allocates from institutional re2 sources; 

3 ‘‘(ii) secures from non-Federal sources, 

4 including amounts appropriated by the 

5 State and amounts from the private sector; 

6 and 

7 ‘‘(iii) will utilize to match Federal 

8 funds awarded for the fiscal year for which 

9 the determination is made under this sec10 tion to the institution or program. 

11 ‘‘(B) The number of students enrolled in the 

12 qualified graduate programs of the eligible insti13 tution or program, for which the institution or 

14 program received and allocated funding under 

15 this section in the preceding year.’’; 

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

17 ‘‘(or the equivalent) enrolled in the eligible 

18 professional or graduate school’’ and all 

19 that follows through the period and insert20 ing ‘‘enrolled in the qualified programs or 

21 institutions listed in paragraph (1).’’; 

22 (iii) in subparagraph (D)— 

23 (I) by striking ‘‘students’’ and in24 serting ‘‘Black American students or 

25 minority students’’; and 
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•S 1614 RS 

1 (II) by striking ‘‘institution’’ and 

2 inserting ‘‘institution or program’’; 

3 and 

4 (iv) by striking subparagraph (E) and 

5 inserting the following: 

6 ‘‘(E) The percentage that the total number 

7 of Black American students and minority stu8 dents who receive their first professional, mas9 ter’s, or doctoral degrees from the institution or 

10 program in the academic year preceding the aca11 demic year for which the determination is made, 

12 represents of the total number of Black American 

13 students and minority students in the United 

14 States who receive their first professional, mas15 ter’s, or doctoral degrees in the professions or 

16 disciplines related to the course of study at such 

17 institution or program, respectively, in the pre18 ceding academic year.’’; and 

19 (4) in subsection (g), by striking ‘‘1998’’ and in20 serting ‘‘2006’’. 

21 SEC. 310. AUTHORIZATION OF APPROPRIATIONS. 

22 Subsection (a) of section 399 (20 U.S.C. 1068h) is 

23 amended to read as follows: 

24 ‘‘(a) AUTHORIZATIONS.— 
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•S 1614 RS 

1 ‘‘(1) PART A.—(A) There are authorized to be 

2 appropriated to carry out part A (other than section 

3 316) such sums as may be necessary for fiscal year 

4 2006 and each of the 5 succeeding fiscal years. 

5 ‘‘(B) There are authorized to be appropriated to 

6 carry out section 316 such sums as may be necessary 

7 for fiscal year 2006 and each of the 5 succeeding fis8 cal years. 

9 ‘‘(C) There are authorized to be appropriated to 

10 carry out section 317 such sums as may be necessary 

11 for fiscal year 2006 and each of the 5 succeeding fis12 cal years. 

13 ‘‘(D) There are authorized to be appropriated to 

14 carry out section 318 such sums as may be necessary 

15 for fiscal year 2006 and each of the 5 succeeding fis16 cal years. 

17 ‘‘(2) PART B.—(A) There are authorized to be 

18 appropriated to carry out part B (other than section 

19 326) such sums as may be necessary for fiscal year 

20 2006 and each of the 5 succeeding fiscal years. 

21 ‘‘(B) There are authorized to be appropriated to 

22 carry out section 326 such sums as may be necessary 

23 for fiscal year 2006 and each of the 5 succeeding fis24 cal years. 
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1 ‘‘(3) PART C.—There are authorized to be appro2 priated to carry out part C such sums as may be nec3 essary for fiscal year 2006 and each of the 5 suc4 ceeding fiscal years. 

5 ‘‘(4) PART D.—(A) There are authorized to be 

6 appropriated to carry out part D (other than section 

7 345(7), but including section 347) such sums as may 

8 be necessary for fiscal year 2006 and each of the 5 

9 succeeding fiscal years. 

10 ‘‘(B) There are authorized to be appropriated to 

11 carry out section 345(7) such sums as may be nec12 essary for fiscal year 2006 and each of the 5 suc13 ceeding fiscal years. 

14 ‘‘(5) PART E.—There are authorized to be appro15 priated to carry out part E such sums as may be nec16 essary for fiscal year 2006 and each of the 5 suc17 ceeding fiscal years.’’. 

18 SEC. 311. TECHNICAL CORRECTIONS. 

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

20 (1) in section 342(5)(C) (20 U.S.C. 

21 1066a(5)(C)), by striking ‘‘,,’’ and inserting ‘‘,’’; 

22 (2) in section 343(e) (20 U.S.C. 1066b(e)), by in23 serting ‘‘SALE OF QUALIFIED BONDS.—’’ before ‘‘Not24 withstanding’’; 
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1 (3) in the matter preceding clause (i) of section 

2 365(9)(A) (20 U.S.C. 1067k(9)(A)), by striking ‘‘sup3 port’’ and inserting ‘‘supports’’; 

4 (4) in section 391(b)(7)(E) (20 U.S.C. 

5 1068(b)(7)(E)), by striking ‘‘subparagraph (E)’’ and 

6 inserting ‘‘subparagraph (D)’’; 

7 (5) in the matter preceding subparagraph (A) of 

8 section 392(b)(2) (20 U.S.C. 1068a(b)(2)), by striking 

9 ‘‘eligible institutions under part A institutions’’ and 

10 inserting ‘‘eligible institutions under part A’’; and 

11 (6) in the matter preceding paragraph (1) of sec12 tion 396 (20 U.S.C. 1068e), by striking ‘‘360’’ and 

13 inserting ‘‘399’’. 

14 TITLE IV—STUDENT ASSISTANCE 

15 PART A—GRANTS TO STUDENTS IN ATTENDANCE 

16 AT INSTITUTIONS OF HIGHER EDUCATION 

17 SEC. 401. FEDERAL PELL GRANTS. 

18 Section 401 (20 U.S.C. 1070a) is amended— 

19 (1) in subsection (a)(1)— 

20 (A) in the first sentence, by striking ‘‘2004’’ 

21 and inserting ‘‘2012’’; and 

22 (B) in the second sentence, by striking ‘‘,,’’ 

23 and inserting ‘‘,’’; 

24 (2) in subsection (b)— 
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1 (A) by striking paragraph (2)(A) and in2 serting the following: 

3 ‘‘(2)(A) the amount of the Federal Pell Grant for a 

4 student eligible under this part shall be— 

5 ‘‘(i) $5,100 for academic year 2006–2007; 

6 ‘‘(ii) $5,400 for academic year 2007–2008; 

7 ‘‘(iii) $5,700 for academic year 2008–2009; 

8 ‘‘(iv) $6,000 for academic year 2009–2010; and 

9 ‘‘(v) $6,300 for academic year 2010–2011, 

10 less an amount equal to the amount determined to be the 

11 expected family contribution with respect to that student 

12 for that year.’’; 

13 (B) by striking paragraph (3); 

14 (C) by redesignating paragraphs (4) 

15 through (8) as paragraphs (3) through (7), re16 spectively; 

17 (D) in paragraph (4) (as redesignated by 

18 subparagraph (C)), by striking ‘‘$400, except’’ 

19 and all that follows through the period and in20 serting ‘‘10 percent of the maximum basic grant 

21 level specified in the appropriate Appropriation 

22 Act for such academic year, except that a student 

23 who is eligible for a Federal Pell Grant in an 

24 amount that is equal to or greater than 5 percent 

25 of such level but less than 10 percent of such level 
540 

•S 1614 RS 

1 shall be awarded a Federal Pell grant in the 

2 amount of 10 percent of such level.’’; and 

3 (E) by striking paragraph (5) (as redesig4 nated by subparagraph (C)) and inserting the 

5 following: 

6 ‘‘(5) In the case of a student who is enrolled, on at 

7 least a half-time basis and for a period of more than 1 aca8 demic year in a 2-year or 4-year program of instruction 

9 for which an institution of higher education awards an as10 sociate or baccalaureate degree, the Secretary shall allow 

11 such student to receive not more than 2 Federal Pell Grants 

12 during a single award year to permit such student to accel13 erate the student’s progress toward a degree by attending 

14 additional sessions. In the case of a student receiving more 

15 than 1 Federal Pell Grant in a single award year, the total 

16 amount of Federal Pell Grants awarded to such student for 

17 the award year may exceed the maximum basic grant level 

18 specified in the appropriate Appropriation Act for such 

19 award year.’’; and 

20 (3) in subsection (c), by adding at the end the 

21 following: 

22 ‘‘(5) The period of time during which a student may 

23 receive Federal Pell Grants shall not exceed 18 semesters, 

24 or an equivalent period of time as determined by the Sec25 retary pursuant to regulations, which period shall— 
541 

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1 ‘‘(A) be determined without regard to whether 

2 the student is enrolled on a full-time basis during any 

3 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 (B), 

20 respectively; and 

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

22 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 awarded 
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1 in an amount that is not less than $200,000, except 

2 that an individual grant authorized under section 

3 402G shall be awarded in an amount that is not less 

4 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 following: 

18 ‘‘(f) OUTCOME CRITERIA.— 

19 ‘‘(1) IN GENERAL.—The Secretary, by regulation, 

20 shall establish outcome criteria for measuring, annu21 ally and for longer periods, the quality and effective22 ness of programs authorized under this chapter. 

23 ‘‘(2) USE FOR PRIOR EXPERIENCE DETERMINA24 TION.—The outcome criteria under paragraph (1) 

25 shall be used to evaluate the programs provided by a 
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1 recipient of a grant under this chapter, and the Sec2 retary shall determine an eligible entity’s prior expe3 rience of high quality service delivery, as required in 

4 subsection (c)(2), based on the outcome criteria. 

5 ‘‘(3) CONSIDERATION OF RELEVANT DATA.—The 

6 outcome criteria under this subsection shall take into 

7 account data pertaining to secondary school comple8 tion, postsecondary education enrollment, and postsec9 ondary education completion for low-income students, 

10 first generation college students, and individuals with 

11 disabilities, in the schools and institutions of higher 

12 education served by the program to be evaluated. 

13 ‘‘(4) CONTENTS OF OUTCOME CRITERIA.—The 

14 outcome criteria shall include the following: 

15 ‘‘(A) For programs authorized under section 

16 402B, whether the eligible entity met or exceeded 

17 the entity’s objectives established in the entity’s 

18 application for such program regarding— 

19 ‘‘(i) the delivery of service to a total 

20 number of students served by the program; 

21 ‘‘(ii) the continued secondary school 

22 enrollment of such students; 

23 ‘‘(iii) the graduation of such students 

24 from secondary school; and 
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1 ‘‘(iv) the enrollment of such students in 

2 an institution of higher education. 

3 ‘‘(B) For programs authorized under section 

4 402C, whether the eligible entity met or exceeded 

5 its objectives for such program regarding— 

6 ‘‘(i) the delivery of service to a total 

7 number of students served by the program, 

8 as agreed upon by the entity and the Sec9 retary for the period; 

10 ‘‘(ii) such students’ school performance, 

11 as measured by the grade point average, or 

12 its equivalent; 

13 ‘‘(iii) such students’ academic perform14 ance, as measured by standardized tests, in15 cluding tests required by the students’ State; 

16 ‘‘(iv) the retention in, and graduation 

17 from, secondary school of such students; and 

18 ‘‘(v) the enrollment of such students in 

19 an institution of higher education. 

20 ‘‘(C) For programs authorized under section 

21 402D— 

22 ‘‘(i) whether the eligible entity met or 

23 exceeded the entity’s objectives regarding the 

24 retention in postsecondary education of the 

25 students served by the program; 
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1 ‘‘(ii)(I) in the case of an entity that is 

2 an institution of higher education offering a 

3 baccalaureate degree, the extent to which the 

4 entity met or exceeded the entity’s objectives 

5 regarding such students’ completion of the 

6 degree programs in which such students 

7 were enrolled; or 

8 ‘‘(II) in the case of an entity that is an 

9 institution of higher education that does not 

10 offer a baccalaureate degree, the extent to 

11 which the entity met or exceeded the entity’s 

12 objectives regarding— 

13 ‘‘(aa) the completion of a degree 

14 or certificate by such students; and 

15 ‘‘(bb) the transfer of such students 

16 to institutions of higher education that 

17 offer baccalaureate degrees; 

18 ‘‘(iii) whether the entity met or exceed19 ed the entity’s objectives regarding the deliv20 ery of service to a total number of students, 

21 as agreed upon by the entity and the Sec22 retary for the period; and 

23 ‘‘(iv) whether the applicant met or ex24 ceeded the entity’s objectives regarding such 
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1 students remaining in good academic stand2 ing. 

3 ‘‘(D) For programs authorized under sec4 tion 402E, whether the entity met or exceeded the 

5 entity’s objectives for such program regarding— 

6 ‘‘(i) the delivery of service to a total 

7 number of students, as agreed upon by the 

8 entity and the Secretary for the period; 

9 ‘‘(ii) the provision of appropriate 

10 scholarly and research activities for the stu11 dents served by the program; 

12 ‘‘(iii) the acceptance and enrollment of 

13 such students in graduate programs; and 

14 ‘‘(iv) the attainment of doctoral degrees 

15 by former program participants. 

16 ‘‘(E) For programs authorized under section 

17 402F, whether the entity met or exceeded the en18 tity’s objectives for such program regarding— 

19 ‘‘(i) the enrollment of students without 

20 a secondary school diploma or its recognized 

21 equivalent, who were served by the program, 

22 in programs leading to such diploma or 

23 equivalent; 
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1 ‘‘(ii) the enrollment of secondary school 

2 graduates who were served by the program 

3 in programs of postsecondary education; 

4 ‘‘(iii) the delivery of service to a total 

5 number of students, as agreed upon by the 

6 entity and the Secretary for the period; and 

7 ‘‘(iv) the provision of assistance to stu8 dents served by the program in completing 

9 financial aid applications and college ad10 mission applications.’’; 

11 (6) in subsection (g) (as redesignated by para12 graph (4))— 

13 (A) in the first sentence, by striking 

14 ‘‘$700,000,000 for fiscal year 1999’’ and all that 

15 follows through the period and inserting ‘‘such 

16 sums as may be necessary for fiscal year 2006 

17 and each of the 5 succeeding fiscal years.’’; and 

18 (B) by striking the fourth sentence; and 

19 (7) in subsection (h) (as redesignated by para20 graph (4))— 

21 (A) by redesignating paragraphs (1) 

22 through (4) as paragraphs (3) through (6), re23 spectively; 

24 (B) by inserting before paragraph (3) (as 

25 redesignated by subparagraph (A)) the following: 
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1 ‘‘(1) DIFFERENT CAMPUS.—The term ‘different 

2 campus’ means a site of an institution of higher edu3 cation that— 

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

5 campus of the institution; 

6 ‘‘(B) is permanent in nature; and 

7 ‘‘(C) offers courses in educational programs 

8 leading to a degree, certificate, or other recog9 nized educational credential. 

10 ‘‘(2) DIFFERENT POPULATION.—The term ‘dif11 ferent population’ means a group of individuals, with 

12 respect to whom an eligible entity desires to serve 

13 through an application for a grant under this chap14 ter, that— 

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

16 other population that the entity has applied for 

17 a grant under this chapter to serve; or 

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

19 as another population that the eligible entity has 

20 applied for a grant under this chapter to serve, 

21 has distinct needs for specialized services.’’; 

22 (C) in paragraph (5) (as redesignated by 

23 subparagraph (A))— 

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

25 ‘‘or’’ after the semicolon; 
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1 (ii) in subparagraph (B), by striking 

2 the period at the end and inserting ‘‘; or’’; 

3 and 

4 (iii) by adding at the end the fol5 lowing: 

6 ‘‘(C) was a member of a reserve component 

7 of the Armed Forces called to active duty for a 

8 period of more than 180 days.’’; and 

9 (D) in paragraph (6), by striking ‘‘sub10 paragraph (A) or (B) of paragraph (3)’’ and in11 serting ‘‘subparagraph (A), (B), or (C) of para12 graph (5)’’. 

13 (b) TALENT SEARCH.—Section 402B (20 U.S.C. 

14 1070a–12) is amended— 

15 (1) in subsection (a)— 

16 (A) in paragraph (1), by striking ‘‘to iden17 tify qualified youths with potential for education 

18 at the postsecondary level and to encourage such 

19 youths’’ and inserting ‘‘to encourage eligible 

20 youths’’; 

21 (B) in paragraph (2), by inserting ‘‘, and 

22 facilitate the application for,’’ after ‘‘the avail23 ability of’’; and 

24 (C) in paragraph (3), by striking ‘‘, but 

25 who have the ability to complete such programs, 
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1 to reenter’’ and inserting ‘‘to enter or reenter, 

2 and complete’’; 

3 (2) by redesignating subsection (c) as subsection 

4 (d); 

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

6 following: 

7 ‘‘(b) REQUIRED SERVICES.—Any project assisted 

8 under this section shall provide— 

9 ‘‘(1) academic tutoring, or connections to high 

10 quality academic tutoring services, to enable students 

11 to complete secondary or postsecondary courses, which 

12 may include instruction in reading, writing, study 

13 skills, mathematics, science, and other subjects; 

14 ‘‘(2) advice and assistance in secondary course 

15 selection and, if applicable, initial postsecondary 

16 course selection; 

17 ‘‘(3) assistance in preparing for college entrance 

18 examinations and completing college admission appli19 cations; 

20 ‘‘(4)(A) information on both the full range of 

21 Federal student financial aid programs (including 

22 Federal Pell Grant awards and loan forgiveness) and 

23 resources for locating public and private scholarships; 

24 and 
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1 ‘‘(B) assistance in completing financial aid ap2 plications, including the Free Application for Federal 

3 Student Aid described in section 483(a); 

4 ‘‘(5) guidance on and assistance in— 

5 ‘‘(A) secondary school reentry; 

6 ‘‘(B) alternative education programs for sec7 ondary school dropouts that lead to the receipt of 

8 a regular secondary school diploma; 

9 ‘‘(C) entry into general educational develop10 ment (GED) programs; or 

11 ‘‘(D) postsecondary education; and 

12 ‘‘(6) education or counseling services designed to 

13 improve the financial literacy and economic literacy 

14 of students or their parents, including financial plan15 ning for postsecondary education. 

16 ‘‘(c) PERMISSIBLE SERVICES.—Any project assisted 

17 under this section may provide services such as— 

18 ‘‘(1) personal and career counseling or activities; 

19 ‘‘(2) information and activities designed to ac20 quaint youths with the range of career options avail21 able to the youths; 

22 ‘‘(3) exposure to the campuses of institutions of 

23 higher education, as well as cultural events, academic 

24 programs, and other sites or activities not usually 

25 available to disadvantaged youth; 
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1 ‘‘(4) workshops and counseling for families of 

2 students served; 

3 ‘‘(5) mentoring programs involving elementary 

4 or secondary school teachers or counselors, faculty 

5 members at institutions of higher education, students, 

6 or any combination of such persons; and 

7 ‘‘(6) programs and activities as described in sub8 section (b) or paragraphs (1) through (5) of this sub9 section that are specially designed for students who 

10 are limited English proficient, students with disabil11 ities, students who are homeless children and youths 

12 (as such term is defined in section 725 of the McKin13 ney-Vento Homeless Assistance Act (42 U.S.C. 

14 11434a)), or students who are in foster care or are 

15 aging out of the foster care system.’’; and 

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

17 subsection (d) (as redesignated by paragraph (2)), by 

18 striking ‘‘talent search projects under this chapter’’ 

19 and inserting ‘‘projects under this section’’. 

20 (c) UPWARD BOUND.—Section 402C (20 U.S.C. 

21 1070a–13) is amended— 

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

23 following: 

24 ‘‘(b) REQUIRED SERVICES.—Any project assisted 

25 under this section shall provide— 
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1 ‘‘(1) academic tutoring to enable students to 

2 complete secondary or postsecondary courses, which 

3 may include instruction in reading, writing, study 

4 skills, mathematics, science, and other subjects; 

5 ‘‘(2) advice and assistance in secondary and 

6 postsecondary course selection; 

7 ‘‘(3) assistance in preparing for college entrance 

8 examinations and completing college admission appli9 cations; 

10 ‘‘(4)(A) information on both the full range of 

11 Federal student financial aid programs (including 

12 Federal Pell Grant awards and loan forgiveness) and 

13 resources for locating public and private scholarships; 

14 and 

15 ‘‘(B) assistance in completing financial aid ap16 plications, including the Free Application for Federal 

17 Student Aid described in section 483(a); 

18 ‘‘(5) guidance on and assistance in— 

19 ‘‘(A) secondary school reentry; 

20 ‘‘(B) alternative education programs for sec21 ondary school dropouts that lead to the receipt of 

22 a regular secondary school diploma; 

23 ‘‘(C) entry into general educational develop24 ment (GED) programs; or 

25 ‘‘(D) postsecondary education; and 
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1 ‘‘(6) education or counseling services designed to 

2 improve the financial literacy and economic literacy 

3 of students, including financial planning for postsec4 ondary education.’’; 

5 (2) in subsection (c)— 

6 (A) in the subsection heading, by striking 

7 ‘‘REQUIRED SERVICES’’ and inserting ‘‘ADDI8 TIONAL REQUIRED SERVICES FOR MULTIPLE9 YEAR GRANT RECIPIENTS’’; and 

10 (B) by striking ‘‘upward bound project as11 sisted under this chapter’’ and inserting ‘‘project 

12 assisted under this section’’; 

13 (3) by redesignating subsections (d) and (e) as 

14 subsections (e) and (f), respectively; 

15 (4) by inserting after subsection (c) the fol16 lowing: 

17 ‘‘(d) PERMISSIBLE SERVICES.—Any project assisted 

18 under this section may provide such services as— 

19 ‘‘(1) exposure to cultural events, academic pro20 grams, and other activities not usually available to 

21 disadvantaged youth; 

22 ‘‘(2) information, activities and instruction de23 signed to acquaint youths participating in the project 

24 with the range of career options available to the 

25 youths; 
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1 ‘‘(3) on-campus residential programs; 

2 ‘‘(4) mentoring programs involving elementary 

3 school or secondary school teachers or counselors, fac4 ulty members at institutions of higher education, stu5 dents, or any combination of such persons; 

6 ‘‘(5) work-study positions where youth partici7 pating in the project are exposed to careers requiring 

8 a postsecondary degree; 

9 ‘‘(6) special services to enable veterans to make 

10 the transition to postsecondary education; and 

11 ‘‘(7) programs and activities as described in sub12 section (b), subsection (c), or paragraphs (1) through 

13 (6) of this subsection that are specially designed for 

14 students who are limited English proficient, students 

15 with disabilities, students who are homeless children 

16 and youths (as such term is defined in section 725 of 

17 the McKinney-Vento Homeless Assistance Act (42 

18 U.S.C. 11434a)), or students who are in foster care or 

19 are aging out of the foster care system.’’; 

20 (5) in the matter preceding paragraph (1) of 

21 subsection (e) (as redesignated by paragraph (3)), by 

22 striking ‘‘upward bound projects under this chapter’’ 

23 and inserting ‘‘projects under this section’’; and 

24 (6) in subsection (f) (as redesignated by para25 graph (3))— 
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1 (A) by striking ‘‘during June, July, and 

2 August’’ each place the term occurs and inserting 

3 ‘‘during the summer school recess, for a period 

4 not to exceed 3 months’’; and 

5 (B) by striking ‘‘(b)(10)’’ and inserting 

6 ‘‘(d)(5)’’. 

7 (d) STUDENT SUPPORT SERVICES.—Section 402D (20 

8 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 inserting 

13 the following: 

14 ‘‘(3) to foster an institutional climate supportive 

15 of the success of low-income and first generation col16 lege students, students with disabilities, students who 

17 are limited English proficient, students who are 

18 homeless children and youths (as such term is defined 

19 in section 725 of the McKinney-Vento Homeless As20 sistance Act (42 U.S.C. 11434a)), and students who 

21 are in foster care or are aging out of the foster care 

22 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— 
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1 ‘‘(A) basic personal income, household 

2 money management, and financial planning 

3 skills; and 

4 ‘‘(B) basic economic decisionmaking skills.’’; 

5 (2) by redesignating subsections (c) and (d) as 

6 subsections (d) and (e); 

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

8 following: 

9 ‘‘(b) REQUIRED SERVICES.—A project assisted under 

10 this section shall provide— 

11 ‘‘(1) academic tutoring to enable students to 

12 complete postsecondary courses, which may include 

13 instruction in reading, writing, study skills, mathe14 matics, science, and other subjects; 

15 ‘‘(2) advice and assistance in postsecondary 

16 course selection; 

17 ‘‘(3)(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 scholarships; 

21 and 

22 ‘‘(B) assistance in completing financial aid ap23 plications, including the Free Application for Federal 

24 Student Aid described in section 483(a); 
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1 ‘‘(4) education or counseling services designed to 

2 improve the financial literacy and economic literacy 

3 of students, including financial planning for postsec4 ondary education; 

5 ‘‘(5) activities designed to assist students partici6 pating in the project in securing college admission 

7 and financial assistance for enrollment in graduate 

8 and professional programs; and 

9 ‘‘(6) activities designed to assist students enrolled 

10 in 2-year institutions of higher education in securing 

11 admission and financial assistance for enrollment in 

12 a 4-year program of postsecondary education. 

13 ‘‘(c) PERMISSIBLE SERVICES.—A project assisted 

14 under this section may provide services such as— 

15 ‘‘(1) consistent, individualized personal, career, 

16 and academic counseling, provided by assigned coun17 selors; 

18 ‘‘(2) information, activities, and instruction de19 signed to acquaint youths participating in the project 

20 with the range of career options available to the stu21 dents; 

22 ‘‘(3) exposure to cultural events and academic 

23 programs not usually available to disadvantaged stu24 dents; 
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1 ‘‘(4) activities designed to acquaint students par2 ticipating in the project with the range of career op3 tions 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 Assistance 

10 Act (42 U.S.C. 11434a)) or were formerly homeless 

11 children and youths and students who are in foster 

12 care or are aging out of the foster care system; and 

13 ‘‘(7) programs and activities as described in sub14 section (b) or paragraphs (1) through (5) of this sub15 section that are specially designed for students who 

16 are limited English proficient, students with disabil17 ities, students who are homeless children and youths 

18 (as such term is defined in section 725 of the McKin19 ney-Vento Homeless Assistance Act (42 U.S.C. 

20 11434a)) or were formerly homeless children and 

21 youths, or students who are in foster care or are 

22 aging out of the foster care system.’’; 

23 (4) in subsection (d)(1) (as redesignated by 

24 paragraph (2)), by striking ‘‘subsection (b)’’ and in25 serting ‘‘subsection (c)’’; and 
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1 (5) in the matter preceding paragraph (1) of 

2 subsection (e) (as redesignated by paragraph (2)), by 

3 striking ‘‘student support services projects under this 

4 chapter’’ and inserting ‘‘projects under this section’’. 

5 (e) POSTBACCALAUREATE ACHIEVEMENT PROGRAM

6 AUTHORITY.—Section 402E (20 U.S.C. 1070a–15) is 

7 amended— 

8 (1) in subsection (b)— 

9 (A) in the subsection heading, by inserting 

10 ‘‘REQUIRED’’ before ‘‘SERVICES’’; 

11 (B) in the matter preceding paragraph (1), 

12 by striking ‘‘A postbaccalaureate achievement 

13 project assisted under this section may provide 

14 services such as—’’ and inserting ‘‘A project as15 sisted under this section shall provide—’’; 

16 (C) in paragraph (5), by inserting ‘‘and’’ 

17 after the semicolon; 

18 (D) in paragraph (6), by striking the semi19 colon and inserting a period; and 

20 (E) by striking paragraphs (7) and (8); 

21 (2) by redesignating subsections (c) through (f) 

22 as subsections (d) through (g), respectively; 

23 (3) by inserting after subsection (b) the fol24 lowing: 
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1 ‘‘(c) PERMISSIBLE SERVICES.—A project assisted 

2 under this section may provide services such as— 

3 ‘‘(1) education or counseling services designed to 

4 improve the financial literacy and economic literacy 

5 of students or their parents, including financial plan6 ning for postsecondary education; 

7 ‘‘(2) mentoring programs involving faculty mem8 bers at institutions of higher education, students, or 

9 any combination of such persons; and 

10 ‘‘(3) exposure to cultural events and academic 

11 programs not usually available to disadvantaged stu12 dents.’’; 

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

14 subsection (d) (as redesignated by paragraph (2)), by 

15 striking ‘‘postbaccalaureate achievement’’; 

16 (5) in the matter preceding paragraph (1) of 

17 subsection (f) (as redesignated by paragraph (2)), by 

18 striking ‘‘postbaccalaureate achievement project’’ and 

19 inserting ‘‘project under this section’’; and 

20 (6) in subsection (g) (as redesignated by para21 graph (2))— 

22 (A) by striking ‘‘402A(f)’’ and inserting 

23 ‘‘402A(g)’’; and 

24 (B) by striking ‘‘1993 through 1997’’ and 

25 inserting ‘‘2006 through 2010’’. 
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1 (f) EDUCATIONAL OPPORTUNITY CENTERS.—Section 

2 402F (20 U.S.C. 1070a–16) is amended— 

3 (1) in subsection (a)— 

4 (A) in paragraph (1), by striking ‘‘and’’ 

5 after the semicolon; 

6 (B) in paragraph (2), by striking the period 

7 at the end and inserting ‘‘; and’’; and 

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

9 ‘‘(3) to improve the financial literacy and eco10 nomic literacy of students, including— 

11 ‘‘(A) basic personal income, household 

12 money management, and financial planning 

13 skills; and 

14 ‘‘(B) basic economic decisionmaking skills.’’; 

15 and 

16 (2) in subsection (b)— 

17 (A) by redesignating paragraphs (5) 

18 through (10) as paragraphs (6) through (11), re19 spectively; 

20 (B) by inserting after paragraph (4) the fol21 lowing: 

22 ‘‘(5) education or counseling services designed to 

23 improve the financial literacy and economic literacy 

24 of students;’’; 
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1 (C) by striking paragraph (7) (as redesig2 nated by subparagraph (A)) and inserting the 

3 following: 

4 ‘‘(7) individualized personal, career, and aca5 demic counseling;’’; and 

6 (D) by striking paragraph (11) (as redesig7 nated by subparagraph (A)) and inserting the 

8 following: 

9 ‘‘(11) programs and activities as described in 

10 paragraphs (1) through (10) that are specially de11 signed for students who are limited English pro12 ficient, students with disabilities, or students who are 

13 homeless children and youths (as such term is defined 

14 in section 725 of the McKinney-Vento Homeless As15 sistance Act (42 U.S.C. 11434a)), or programs and 

16 activities for students who are in foster care or are 

17 aging out of the foster care system.’’. 

18 (g) STAFF DEVELOPMENT ACTIVITIES.—Section 

19 402G(b)(3) (20 U.S.C. 1070a–17(b)(3)) is amended by in20 serting ‘‘, including strategies for recruiting and serving 

21 students who are homeless children and youths (as such 

22 term is defined in section 725 of the McKinney-Vento 

23 Homeless Assistance Act (42 U.S.C. 11434a)) and students 

24 who are in foster care or are aging out of the foster care 

25 system’’ before the period at the end. 
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1 (h) REPORTS, EVALUATIONS, AND GRANTS FOR

2 PROJECT IMPROVEMENT AND DISSEMINATION.—Section 

3 402H (20 U.S.C. 1070a–18) is amended— 

4 (1) by striking the section heading and inserting 

5 ‘‘REPORTS, EVALUATIONS, AND GRANTS FOR

6 PROJECT IMPROVEMENT AND DISSEMINA7 TION.’’; 

8 (2) by redesignating subsections (a) through (c) 

9 as subsections (b) through (d), respectively; and 

10 (3) by inserting before subsection (b) (as redesig11 nated by paragraph (2)) the following: 

12 ‘‘(a) REPORT TO CONGRESS.—At least once every 2- 

13 year period, the Secretary shall prepare and submit to Con14 gress a report on the outcomes achieved by the programs 

15 authorized under this chapter. Such report shall include a 

16 statement for the preceding fiscal year specifying— 

17 ‘‘(1) the number of grants awarded during each 

18 fiscal year, and the number of individuals served by 

19 the programs carried out under such grants; 

20 ‘‘(2) the number of entities that received grants 

21 during the fiscal year, including the number of enti22 ties that— 

23 ‘‘(A) received a grant to carry out a pro24 gram under this chapter for the fiscal year; and 
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1 ‘‘(B) had not received funding for that par2 ticular program during the previous grant cycle; 

3 ‘‘(3) a comparison of the number and percentage 

4 of grant awards made to entities described in para5 graph (2), with the number of such entities funded 

6 through discretionary grant competitions conducted 

7 by the Secretary under this chapter in the 3 grant cy8 cles preceding the fiscal year; 

9 ‘‘(4) information on the number of individuals 

10 served in each program authorized under this chapter; 

11 and 

12 ‘‘(5) information on the outcomes achieved by 

13 each program authorized under this chapter, includ14 ing the outcome criteria described in section 402A(f) 

15 for each program.’’. 

16 SEC. 403. GAINING EARLY AWARENESS AND READINESS 

17 FOR UNDERGRADUATE PROGRAMS. 

18 (a) EARLY INTERVENTION AND COLLEGE AWARENESS

19 PROGRAM AUTHORIZED.—Section 404A (20 U.S.C. 1070a– 

20 21) is amended— 

21 (1) by striking subsection (a) and inserting the 

22 following: 

23 ‘‘(a) PROGRAM AUTHORIZED.—The Secretary is au24 thorized, in accordance with the requirements of this chap25 ter, to establish a program that encourages eligible entities 
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1 to provide support to eligible low-income students to assist 

2 the students in obtaining a secondary school diploma (or 

3 its recognized equivalent) and to prepare for and succeed 

4 in postsecondary education, by providing— 

5 ‘‘(1) financial assistance, academic support, ad6 ditional counseling, mentoring, outreach, and sup7 portive services to middle school and secondary school 

8 students to reduce— 

9 ‘‘(A) the risk of such students dropping out 

10 of school; or 

11 ‘‘(B) the need for remedial education for 

12 such students at the postsecondary level; and 

13 ‘‘(2) information to students and their parents 

14 about the advantages of obtaining a postsecondary 

15 education and the college financing options for the 

16 students and their parents.’’; 

17 (2) by striking subsection (b)(2)(A) and inserting 

18 the following: 

19 ‘‘(A) give priority to eligible entities that 

20 have a prior, demonstrated commitment to early 

21 intervention leading to college access through col22 laboration and replication of successful strate23 gies;’’; and 

24 (3) by striking subsection (c)(2) and inserting 

25 the following: 
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1 ‘‘(2) a partnership— 

2 ‘‘(A) consisting of— 

3 ‘‘(i) 1 or more local educational agen4 cies; and 

5 ‘‘(ii) 1 or more degree granting institu6 tions of higher education; and 

7 ‘‘(B) which may include not less than 2 

8 other community organizations or entities, such 

9 as businesses, professional organizations, State 

10 agencies, institutions or agencies sponsoring pro11 grams authorized under subpart 4, or other pub12 lic or private agencies or organizations.’’. 

13 (b) REQUIREMENTS.—Section 404B (20 U.S.C. 

14 1070a–22) is amended— 

15 (1) by striking subsection (a) and inserting the 

16 following:— 

17 ‘‘(a) FUNDING RULES.— 

18 ‘‘(1) DISTRIBUTION.—In awarding grants from 

19 the amount appropriated under section 404G for a 

20 fiscal year, the Secretary shall take into consider21 ation— 

22 ‘‘(A) the geographic distribution of such 

23 awards; and 

24 ‘‘(B) the distribution of such awards be25 tween urban and rural applicants. 
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1 ‘‘(2) SPECIAL RULE.—The Secretary shall annu2 ally reevaluate the distribution of funds described in 

3 paragraph (1) based on number, quality, and promise 

4 of the applications.’’; 

5 (2) by striking subsections (b), (e), and (f); 

6 (3) by redesignating subsections (c), (d), and (g) 

7 as subsections (b), (c), and (d), respectively; and 

8 (4) by adding at the end the following: 

9 ‘‘(e) SUPPLEMENT, NOT SUPPLANT.—Grant funds 

10 awarded under this chapter shall be used to supplement, 

11 and not supplant, other Federal, State, and local funds that 

12 would otherwise be expended to carry out activities assisted 

13 under this chapter.’’. 

14 (c) APPLICATION.—Section 404C (20 U.S.C. 1070a– 

15 23) is amended— 

16 (1) in the section heading, by striking ‘‘ELIGI17 BLE ENTITY PLANS’’ and inserting ‘‘APPLICA18 TIONS’’; 

19 (2) in subsection (a)— 

20 (A) in the subsection heading, by striking 

21 ‘‘PLAN’’ and inserting ‘‘APPLICATION’’; 

22 (B) in paragraph (1)— 

23 (i) by striking ‘‘a plan’’ and inserting 

24 ‘‘an application’’; and 
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1 (ii) by striking the second sentence; 

2 and 

3 (C) by striking paragraph (2) and inserting 

4 the following: 

5 ‘‘(2) CONTENTS.—Each application submitted 

6 pursuant to paragraph (1) shall be in such form, con7 tain or be accompanied by such information or assur8 ances, and be submitted at such time as the Secretary 

9 may require. Each such application shall, at a min10 imum— 

11 ‘‘(A) describe the activities for which assist12 ance under this chapter is sought, including how 

13 the eligible entity will carry out the required ac14 tivities described in section 404D(a); 

15 ‘‘(B) describe how the eligible agency will 

16 meet the requirements of section 404E; 

17 ‘‘(C) provide assurances that adequate ad18 ministrative and support staff will be responsible 

19 for coordinating the activities described in sec20 tion 404D; 

21 ‘‘(D) ensure that activities assisted under 

22 this chapter will not displace an employee or 

23 eliminate a position at a school assisted under 

24 this chapter, including a partial displacement 
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1 such as a reduction in hours, wages or employ2 ment benefits; 

3 ‘‘(E) describe, in the case of an eligible enti4 ty described in section 404A(c)(2), how the eligi5 ble entity will define the cohorts of the students 

6 served by the eligible entity pursuant to section 

7 404B(d), and how the eligible entity will serve 

8 the cohort through grade 12, including— 

9 ‘‘(i) how vacancies in the program 

10 under this chapter will be filled; and 

11 ‘‘(ii) how the eligible entity will serve 

12 students attending different secondary 

13 schools; 

14 ‘‘(F) describe how the eligible entity will co15 ordinate programs with other existing Federal, 

16 State, or local programs to avoid duplication 

17 and maximize the number of students served; 

18 ‘‘(G) provide such additional assurances as 

19 the Secretary determines necessary to ensure 

20 compliance with the requirements of this chapter; 

21 and 

22 ‘‘(H) provide information about the activi23 ties that will be carried out by the eligible entity 

24 to support systemic changes from which future 

25 cohorts of students will benefit.’’; 
571 

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1 (3) in the matter preceding subparagraph (A) of 

2 subsection (b)(1)— 

3 (A) by striking ‘‘a plan’’ and inserting ‘‘an 

4 application’’; and 

5 (B) by striking ‘‘such plan’’ and inserting 

6 ‘‘such application’’; and 

7 (4) in subsection (c)(1), by striking the semicolon 

8 at the end and inserting ‘‘including— 

9 ‘‘(A) the amount contributed to a student 

10 scholarship fund established under section 404E; 

11 and 

12 ‘‘(B) the amount of the costs of admin13 istering the scholarship program under section 

14 404E;’’. 

15 (d) ACTIVITIES.—Section 404D (20 U.S.C. 1070a–24) 

16 is amended to read as follows: 

17 ‘‘SEC. 404D. ACTIVITIES. 

18 ‘‘(a) REQUIRED ACTIVITIES.—Each eligible entity re19 ceiving a grant under this chapter shall carry out the fol20 lowing: 

21 ‘‘(1) Provide information regarding financial 

22 aid for postsecondary education to participating stu23 dents in the cohort described in subsection 

24 404B(d)(1)(A). 
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1 ‘‘(2) Encourage student enrollment in rigorous 

2 and challenging curricula and coursework, in order to 

3 reduce the need for remedial coursework at the post4 secondary level. 

5 ‘‘(3) Support activities designed to improve the 

6 number of participating students who— 

7 ‘‘(A) obtain a secondary school diploma; 

8 and 

9 ‘‘(B) complete applications for and enroll in 

10 a program of postsecondary education. 

11 ‘‘(4) In the case of an eligible entity described in 

12 section 404A(c)(1), provide for the scholarships de13 scribed in section 404E. 

14 ‘‘(b) OPTIONAL ACTIVITIES FOR STATES AND PART15 NERSHIPS.—An eligible entity that receives a grant under 

16 this chapter may use grant funds to carry out 1 or more 

17 of the following activities: 

18 ‘‘(1) Providing tutoring and supporting mentors, 

19 including adults or former participants of a program 

20 under this chapter, for eligible students. 

21 ‘‘(2) Conducting outreach activities to recruit 

22 priority students described in subsection (d) to par23 ticipate in program activities. 

24 ‘‘(3) Providing supportive services to eligible stu25 dents. 
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1 ‘‘(4) Supporting the development or implementa2 tion of rigorous academic curricula, which may in3 clude college preparatory, Advanced Placement, or 

4 International Baccalaureate programs, and providing 

5 participating students access to rigorous core courses 

6 that reflect challenging State academic standards. 

7 ‘‘(5) Supporting dual or concurrent enrollment 

8 programs between the secondary school and institu9 tion of higher education partners of an eligible entity 

10 described in section 404A(c)(2), and other activities 

11 that support participating students in— 

12 ‘‘(A) meeting challenging academic stand13 ards; 

14 ‘‘(B) successfully applying for postsecondary 

15 education; 

16 ‘‘(C) successfully applying for student fi17 nancial aid; and 

18 ‘‘(D) developing graduation and career 

19 plans. 

20 ‘‘(6) Providing support for scholarships described 

21 in section 404E. 

22 ‘‘(7) Introducing eligible students to institutions 

23 of higher education, through trips and school-based 

24 sessions. 
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1 ‘‘(8) Providing an intensive extended school day, 

2 school year, or summer program that offers— 

3 ‘‘(A) additional academic classes; or 

4 ‘‘(B) assistance with college admission ap5 plications. 

6 ‘‘(9) Providing other activities designed to ensure 

7 secondary school completion and postsecondary edu8 cation enrollment of at-risk children, such as— 

9 ‘‘(A) the identification of at-risk children; 

10 ‘‘(B) after-school and summer tutoring; 

11 ‘‘(C) assistance to at-risk children in ob12 taining summer jobs; 

13 ‘‘(D) academic counseling; 

14 ‘‘(E) volunteer and parent involvement; 

15 ‘‘(F) encouraging former or current partici16 pants of a program under this chapter to serve 

17 as peer counselors; 

18 ‘‘(G) skills assessments; 

19 ‘‘(H) personal counseling; 

20 ‘‘(I) family counseling and home visits; 

21 ‘‘(J) staff development; and 

22 ‘‘(K) programs and activities described in 

23 this subsection that are specially designed for 

24 students who are limited English proficient. 
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1 ‘‘(10) Enabling eligible students to enroll in Ad2 vanced Placement or International Baccalaureate 

3 courses, or college entrance examination preparation 

4 courses. 

5 ‘‘(11) Providing services to eligible students in 

6 the participating cohort described in section 

7 404B(d)(1)(A), through the first year of attendance at 

8 an institution of higher education. 

9 ‘‘(c) ADDITIONAL OPTIONAL ACTIVITIES FOR

10 STATES.—In addition to the required activities described 

11 in subsection (a) and the optional activities described in 

12 subsection (b), an eligible entity described in section 

13 404A(c)(1) receiving funds under this chapter may use 

14 grant funds to carry out 1 or more of the following activi15 ties: 

16 ‘‘(1) Providing technical assistance to— 

17 ‘‘(A) middle schools or secondary schools 

18 that are located within the State; or 

19 ‘‘(B) partnerships described in section 

20 404A(c)(2) that are located within the State. 

21 ‘‘(2) Providing professional development oppor22 tunities to individuals working with eligible cohorts 

23 of students described in section 404B(d)(1)(A). 

24 ‘‘(3) Providing strategies and activities that 

25 align efforts in the State to prepare eligible students 
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1 for attending and succeeding in postsecondary edu2 cation, which may include the development of gradua3 tion and career plans. 

4 ‘‘(4) Disseminating information on the use of 

5 scientifically based research and best practices to im6 prove services for eligible students. 

7 ‘‘(5)(A) Disseminating information on effective 

8 coursework and support services that assist students 

9 in obtaining the goals described in subparagraph 

10 (B)(ii). 

11 ‘‘(B) Identifying and disseminating information 

12 on best practices with respect to— 

13 ‘‘(i) increasing parental involvement; and 

14 ‘‘(ii) preparing students, including students 

15 with disabilities and students who are limited 

16 English proficient, to succeed academically in, 

17 and prepare financially for, postsecondary edu18 cation. 

19 ‘‘(6) Working to align State academic standards 

20 and curricula with the expectations of postsecondary 

21 institutions and employers. 

22 ‘‘(7) Developing alternatives to traditional sec23 ondary school that give students a head start on at24 taining a recognized postsecondary credential (includ25 ing an industry certificate, an apprenticeship, or an 
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1 associate’s or a bachelor’s degree), including school de2 signs that give students early exposure to college-level 

3 courses and experiences and allow students to earn 

4 transferable college credits or an associate’s degree at 

5 the same time as a secondary school diploma. 

6 ‘‘(8) Creating community college programs for 

7 drop-outs that are personalized drop-out recovery pro8 grams that allow drop-outs to complete a regular sec9 ondary school diploma and begin college-level work. 

10 ‘‘(d) PRIORITY STUDENTS.—For eligible entities not 

11 using a cohort approach, the eligible entity shall treat as 

12 priority students any student in middle or secondary school 

13 who is eligible— 

14 ‘‘(1) to be counted under section 1124(c) of the 

15 Elementary and Secondary Education Act of 1965; 

16 ‘‘(2) for free or reduced price meals under the 

17 Richard B. Russell National School Lunch Act; 

18 ‘‘(3) for assistance under a State program fund19 ed under part A or E of title IV of the Social Secu20 rity Act (42 U.S.C. 601 et seq., 670 et seq.); or 

21 ‘‘(4) for assistance under subtitle B of title VII 

22 of the McKinney-Vento Homeless Assistance Act (42 

23 U.S.C. 11431 et seq.). 

24 ‘‘(e) ALLOWABLE PROVIDERS.—In the case of eligible 

25 entities described in section 404A(c)(1), the activities re-
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1 quired by this section may be provided by service providers 

2 such as community-based organizations, schools, institu3 tions of higher education, public and private agencies, non4 profit and philanthropic organizations, businesses, institu5 tions and agencies sponsoring programs authorized under 

6 subpart 4, and other organizations the State determines ap7 propriate.’’. 

8 (e) SCHOLARSHIP COMPONENT.—Section 404E (20 

9 U.S.C. 1070a–25) is amended— 

10 (1) by striking subsections (e) and (f); 

11 (2) by redesignating subsections (b), (c), and (d) 

12 as subsections (d), (f), and (g), respectively; 

13 (3) by inserting after subsection (a) the fol14 lowing: 

15 ‘‘(b) LIMITATION.— 

16 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

17 each eligible entity described in section 404A(c)(1) 

18 that receives a grant under this chapter shall use not 

19 less than 25 percent and not more than 50 percent of 

20 the grant funds for activities described in section 

21 404D(c), with the remainder of such funds to be used 

22 for a scholarship program under this section. 

23 ‘‘(2) EXCEPTION.—Notwithstanding paragraph 

24 (1), the Secretary may allow an eligible entity to use 

25 more than 50 percent of grant funds received under 
579 

•S 1614 RS 

1 this chapter for such activities, if the eligible entity 

2 demonstrates that the eligible entity has another 

3 means of providing the students with the financial as4 sistance described in this section and describes such 

5 means in the application submitted under section 

6 404C. 

7 ‘‘(c) NOTIFICATION OF ELIGIBILITY.—Each eligible en8 tity providing scholarships under this section shall provide 

9 information on the eligibility requirements for the scholar10 ships to all participating students upon the students’ entry 

11 into the programs assisted under this chapter.’’; 

12 (4) in subsection (d) (as redesignated by para13 graph (2)), by striking ‘‘the lesser of’’ and all that fol14 lows through the period at the end of paragraph (2) 

15 and inserting ‘‘the minimum Federal Pell Grant 

16 award under section 401 for such award year.’’; 

17 (5) by inserting after subsection (d) (as redesig18 nated by paragraph (2) and amended by paragraph 

19 (4)) the following: 

20 ‘‘(e) PORTABILITY OF ASSISTANCE.— 

21 ‘‘(1) IN GENERAL.—Each eligible entity de22 scribed in section 404A(c)(1) that receives a grant 

23 under this chapter shall create or organize a trust for 

24 each cohort described in section 404B(d)(1)(A) for 

25 which the grant is sought in the application sub-
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1 mitted by the entity, which trust shall be an amount 

2 that is not less than the minimum scholarship 

3 amount described in subsection (d), multiplied by the 

4 number of students participating in the cohort. 

5 ‘‘(2) REQUIREMENT FOR PORTABILITY.—Funds 

6 contributed to the trust for a cohort shall be available 

7 to a student in the cohort when the student has— 

8 ‘‘(A) completed a secondary school diploma, 

9 its recognized equivalent, or other recognized al10 ternative standard for individuals with disabil11 ities; and 

12 ‘‘(B) enrolled in an institution of higher 

13 education. 

14 ‘‘(3) QUALIFIED EDUCATIONAL EXPENSES.— 

15 Funds available to an eligible student from a trust 

16 may be used for— 

17 ‘‘(A) tuition, fees, books, supplies, and 

18 equipment required for the enrollment or attend19 ance of the eligible student at an institution of 

20 higher education; and 

21 ‘‘(B) in the case of an eligible student with 

22 special needs, expenses for special needs services 

23 which are incurred in connection with such en24 rollment or attendance. 

25 ‘‘(4) RETURN OF FUNDS.— 
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1 ‘‘(A) REDISTRIBUTION.— 

2 ‘‘(i) IN GENERAL.—Trust funds that 

3 are not used by an eligible student within 

4 6 years of the student’s scheduled comple5 tion of secondary school may be redistrib6 uted by the eligible entity to other eligible 

7 students. 

8 ‘‘(ii) RETURN OF EXCESS TO THE SEC9 RETARY.—If, after meeting the requirements 

10 of paragraph (1) and, if applicable, redis11 tributing excess funds in accordance with 

12 clause (i), an eligible entity has funds re13 maining, the eligible entity shall return ex14 cess funds to the Secretary for distribution 

15 to other grantees under this chapter. 

16 ‘‘(B) NONPARTICIPATING ENTITY.—Notwith17 standing subparagraph (A), in the case of an eli18 gible entity described in section 404A(c)(1)(A) 

19 that does not receive assistance under this sub20 part for 6 fiscal years, the eligible entity shall 

21 return any trust funds not awarded or obligated 

22 to eligible students to the Secretary for distribu23 tion to other grantees under this chapter.’’; and 

24 (6) in subsection (g) (as redesignated by para25 graph (2))— 
582 

•S 1614 RS 

1 (A) in paragraph (2), by striking ‘‘1993’’ 

2 and inserting ‘‘2000’’; and 

3 (B) in paragraph (4), by striking ‘‘early 

4 intervention component required under section 

5 404D’’ and inserting ‘‘activities required under 

6 section 404D(a)’’. 

7 (f) REPEAL OF 21ST CENTURY SCHOLAR CERTIFI8 CATES.—Chapter 2 of subpart 2 of part A of title IV (20 

9 U.S.C. 1070a–21 et seq.) is further amended— 

10 (1) by striking section 404F; and 

11 (2) by redesignating sections 404G and 404H as 

12 sections 404F and 404G, respectively. 

13 (g) AUTHORIZATION OF APPROPRIATIONS.—Section 

14 404G (as redesignated by subsection (f)) (20 U.S.C. 1070a– 

15 28) is amended by striking ‘‘$200,000,000 for fiscal year 

16 1999’’ and all that follows through the period and inserting 

17 ‘‘such sums as may be necessary for fiscal year 2006 and 

18 each of the 5 succeeding fiscal years.’’. 

19 (h) CONFORMING AMENDMENTS.—Chapter 2 of sub20 part 2 of part A of title IV (20 U.S.C. 1070a–21 et seq.) 

21 is further amended— 

22 (1) in section 404A(b)(1), by striking ‘‘404H’’ 

23 and inserting ‘‘404G’’; 

24 (2) in section 404B(a)(1), by striking ‘‘404H’’ 

25 and inserting ‘‘404G’’; and 
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1 (3) in section 404F(c) (as redesignated by sub2 section (f)(2)), by striking ‘‘404H’’ and inserting 

3 ‘‘404G’’. 

4 SEC. 404. ACADEMIC ACHIEVEMENT INCENTIVE SCHOLAR5 SHIPS. 

6 Chapter 3 of subpart 2 of part A of title IV (20 U.S.C. 

7 1070a-31 et seq.) is repealed. 

8 SEC. 405. FEDERAL SUPPLEMENTAL EDUCATIONAL OPPOR9 TUNITY GRANTS. 

10 (a) APPROPRIATIONS AUTHORIZED.—Section 

11 413A(b)(1) (20 U.S.C. 1070b(b)(1)) is amended by striking 

12 ‘‘$675,000,000 for fiscal year 1999’’ and all that follows 

13 through the period and inserting ‘‘such sums as may be nec14 essary for fiscal year 2006 and each of the 5 succeeding 

15 fiscal years.’’. 

16 (b) ALLOCATION OF FUNDS.— 

17 (1) ALLOCATION OF FUNDS.—Section 413D (20 

18 U.S.C. 1070b–3) is amended— 

19 (A) by striking subsection (a)(4); and 

20 (B) in subsection (c)(3)(D), by striking 

21 ‘‘$450’’ and inserting ‘‘$600’’. 

22 (2) TECHNICAL CORRECTION.—Section 

23 413D(a)(1) (20 U.S.C. 1070b–3(a)(1)) is amended by 

24 striking ‘‘such institution’’ and all that follows 

25 through the period and inserting ‘‘such institution re-
584 

•S 1614 RS 

1 ceived under subsections (a) and (b) of this section for 

2 fiscal year 1999 (as such subsections were in effect 

3 with respect to allocations for such fiscal year).’’. 

4 SEC. 406. LEVERAGING EDUCATIONAL ASSISTANCE PART5 NERSHIP PROGRAM. 

6 (a) APPROPRIATIONS AUTHORIZED.—Section 

7 415A(b)(1) (20 U.S.C. 1070c(b)(1)) is amended to read as 

8 follows: 

9 ‘‘(1) IN GENERAL.—There are authorized to be 

10 appropriated to carry out this subpart such sums as 

11 may be necessary for fiscal year 2006 and each of the 

12 5 succeeding fiscal years.’’. 

13 (b) APPLICATIONS.—Section 415C(b) (20 U.S.C. 

14 1070c–2(b)) is amended— 

15 (1) in the matter preceding subparagraph (A) of 

16 paragraph (2), by striking ‘‘not in excess of $5,000 

17 per academic year’’ and inserting ‘‘not to exceed the 

18 lesser of $12,500 or the student’s cost of attendance 

19 per academic year’’; and 

20 (2) by striking paragraph (10) and inserting the 

21 following: 

22 ‘‘(10) provides notification to eligible students 

23 that such grants are— 

24 ‘‘(A) Leveraging Educational Assistance 

25 Partnership grants; and 
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•S 1614 RS 

1 ‘‘(B) funded by the Federal Government, the 

2 State, and other contributing partners.’’. 

3 (c) GRANTS FOR ACCESS AND PERSISTENCE.—Section 

4 415E (20 U.S.C. 1070c–3a) is amended to read as follows: 

5 ‘‘SEC. 415E. GRANTS FOR ACCESS AND PERSISTENCE. 

6 ‘‘(a) PURPOSE.—It is the purpose of this section to ex7 pand college access and increase college persistence by mak8 ing allotments to States to enable the States to— 

9 ‘‘(1) expand and enhance partnerships with in10 stitutions of higher education, early information and 

11 intervention, mentoring, or outreach programs, pri12 vate corporations, philanthropic organizations, and 

13 other interested parties in order to— 

14 ‘‘(A) carry out activities under this section; 

15 and 

16 ‘‘(B) provide coordination and cohesion 

17 among Federal, State, and local governmental 

18 and private efforts that provide financial assist19 ance to help low-income students attend an insti20 tution of higher education; 

21 ‘‘(2) provide need-based grants for access and 

22 persistence to eligible low-income students; 

23 ‘‘(3) provide early notification to low-income 

24 students of the students’ eligibility for financial aid; 

25 and 
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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 al10 lotment in accordance with subsection (c) to en11 able the State to pay the Federal share, as de12 scribed in paragraph (2), of the cost of carrying 

13 out the activities under subsection (d). 

14 ‘‘(B) DETERMINATION OF ALLOTMENT.—In 

15 making allotments under subparagraph (A), the 

16 Secretary shall consider the following: 

17 ‘‘(i) CONTINUATION OF AWARD.—If a 

18 State continues to meet the specifications es19 tablished in such State’s application under 

20 subsection (c), the Secretary shall make an 

21 allotment to such State that is not less than 

22 the allotment made to such State for the 

23 previous fiscal year. 

24 ‘‘(ii) PRIORITY.—The Secretary shall 

25 give priority in making allotments to States 
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1 that meet the requirements described in 

2 paragraph (2)(A)(ii). 

3 ‘‘(2) FEDERAL SHARE.— 

4 ‘‘(A) IN GENERAL.—The Federal share 

5 under this section shall be determined in accord6 ance with the following: 

7 ‘‘(i) If a State applies for an allotment 

8 under this section in partnership with— 

9 ‘‘(I) any number of degree grant10 ing institutions of higher education in 

11 the State whose combined full-time en12 rollment represents less than a major13 ity of all students attending institu14 tions of higher education in the State; 

15 and 

16 ‘‘(II)(aa) philanthropic organiza17 tions that are located in, or that pro18 vide funding in, the State; or 

19 ‘‘(bb) private corporations that 

20 are located in, or that do business in, 

21 the State, 

22 then the Federal share of the cost of car23 rying out the activities under subsection (d) 

24 shall be equal to 50 percent. 
588 

•S 1614 RS 

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 en7 rollment represents a majority of all 

8 students attending institutions of high9 er 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 (d) 

18 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 in 

22 cash or in kind, fully evaluated and in ac23 cordance with this subparagraph. 

24 ‘‘(ii) IN KIND CONTRIBUTION.—For the 

25 purpose of calculating the non-Federal share 
589 

•S 1614 RS 

1 under this section, an in kind contribution 

2 is a non-cash award that has monetary 

3 value, such as provision of room and board 

4 and transportation passes, and that helps a 

5 student meet the cost of attendance. 

6 ‘‘(iii) EFFECT ON NEED ANALYSIS.— 

7 For the purpose of calculating a student’s 

8 need in accordance with part F of this title, 

9 an in-kind contribution described in clause 

10 (ii) shall not be considered an asset or in11 come. 

12 ‘‘(c) APPLICATION FOR ALLOTMENT.— 

13 ‘‘(1) IN GENERAL.— 

14 ‘‘(A) SUBMISSION.—A State that desires to 

15 receive an allotment under this section on behalf 

16 of a partnership described in paragraph (3) shall 

17 submit an application to the Secretary at such 

18 time, in such manner, and containing such in19 formation as the Secretary may require. 

20 ‘‘(B) CONTENT.—An application submitted 

21 under subparagraph (A) shall include the fol22 lowing: 

23 ‘‘(i) A description of the State’s plan 

24 for using the allotted funds. 
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•S 1614 RS 

1 ‘‘(ii) Assurances that the State will 

2 provide the non-Federal share from State, 

3 institutional, philanthropic, or private 

4 funds, of not less than the required share of 

5 the cost of carrying out the activities under 

6 subsection (d), as determined under sub7 section (b), in accordance with the fol8 lowing: 

9 ‘‘(I) The State shall specify the 

10 methods by which non-Federal share 

11 funds will be paid and include provi12 sions designed to ensure that funds 

13 provided under this section will be 

14 used to supplement, and not supplant, 

15 Federal and non-Federal funds avail16 able for carrying out the activities 

17 under this title. 

18 ‘‘(II) A State that uses non-Fed19 eral funds to create or expand existing 

20 partnerships with nonprofit organiza21 tions or community-based organiza22 tions in which such organizations 

23 match State funds for student scholar24 ships, may apply such matching funds 

25 from such organizations toward ful-
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1 filling the State’s non-Federal share 

2 obligation under this clause. 

3 ‘‘(iii) Assurances that early informa4 tion and intervention, mentoring, or out5 reach programs exist within the State or 

6 that there is a plan to make such programs 

7 widely available. 

8 ‘‘(iv) A description of the organiza9 tional structure that the State has in place 

10 to administer the activities under subsection 

11 (d), including a description of the system 

12 the State will use to track the participation 

13 of students who receive grants under this 

14 section to degree completion. 

15 ‘‘(v) Assurances that the State has a 

16 method in place, such as acceptance of the 

17 automatic zero expected family contribution 

18 determination described in section 479, to 

19 identify eligible low-income students and 

20 award State grant aid to such students. 

21 ‘‘(vi) Assurances that the State will 

22 provide notification to eligible low-income 

23 students that grants under this section 

24 are— 
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1 ‘‘(I) Leveraging Educational As2 sistance Partnership Grants; and 

3 ‘‘(II) funded by the Federal Gov4 ernment, the State, and other contrib5 uting partners. 

6 ‘‘(2) STATE AGENCY.—The State agency that 

7 submits an application for a State under section 

8 415C(a) shall be the same State agency that submits 

9 an application under paragraph (1) for such State. 

10 ‘‘(3) PARTNERSHIP.—In applying for an allot11 ment under this section, the State agency shall apply 

12 for the allotment in partnership with— 

13 ‘‘(A) not less than 1 public and 1 private 

14 degree granting institution of higher education 

15 that are located in the State, if applicable; 

16 ‘‘(B) new or existing early information and 

17 intervention, mentoring, or outreach programs 

18 located in the State; and 

19 ‘‘(C) not less than 1— 

20 ‘‘(i) philanthropic organization located 

21 in, or that provides funding in, the State; 

22 or 

23 ‘‘(ii) private corporation located in, or 

24 that does business in, the State. 

25 ‘‘(4) ROLES OF PARTNERS.— 
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1 ‘‘(A) STATE AGENCY.—A State agency that 

2 is in a partnership receiving an allotment under 

3 this section— 

4 ‘‘(i) shall— 

5 ‘‘(I) serve as the primary admin6 istrative unit for the partnership; 

7 ‘‘(II) provide or coordinate non8 Federal share funds, and coordinate 

9 activities among partners; 

10 ‘‘(III) encourage each institution 

11 of higher education in the State to par12 ticipate in the partnership; 

13 ‘‘(IV) make determinations and 

14 early notifications of assistance as de15 scribed under subsection (d)(2); and 

16 ‘‘(V) annually report to the Sec17 retary on the partnership’s progress in 

18 meeting the purpose of this section; 

19 and 

20 ‘‘(ii) may provide early information 

21 and intervention, mentoring, or outreach 

22 programs. 

23 ‘‘(B) DEGREE GRANTING INSTITUTIONS OF

24 HIGHER EDUCATION.—A degree granting institu-
594 

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1 tion of higher education that is in a partnership 

2 receiving an allotment under this section— 

3 ‘‘(i) shall— 

4 ‘‘(I) recruit and admit partici5 pating qualified students and provide 

6 such additional institutional grant aid 

7 to participating students as agreed to 

8 with the State agency; 

9 ‘‘(II) provide support services to 

10 students who receive grants for access 

11 and persistence under this section and 

12 are enrolled at such institution; and 

13 ‘‘(III) assist the State in the iden14 tification of eligible students and the 

15 dissemination of early notifications of 

16 assistance as agreed to with the State 

17 agency; and 

18 ‘‘(ii) may provide funding for early in19 formation and intervention, mentoring, or 

20 outreach programs or provide such services 

21 directly. 

22 ‘‘(C) PROGRAMS.—An early information 

23 and intervention, mentoring, or outreach pro24 gram that is in a partnership receiving an allot25 ment under this section shall provide direct serv-
595 

•S 1614 RS 

1 ices, support, and information to participating 

2 students. 

3 ‘‘(D) PHILANTHROPIC ORGANIZATION OR

4 PRIVATE CORPORATION.—A philanthropic orga5 nization or private corporation that is in a 

6 partnership receiving an allotment under this 

7 section shall provide funds for grants for access 

8 and persistence for participating students, or 

9 provide funds or support for early information 

10 and intervention, mentoring, or outreach pro11 grams. 

12 ‘‘(d) AUTHORIZED ACTIVITIES.— 

13 ‘‘(1) IN GENERAL.— 

14 ‘‘(A) ESTABLISHMENT OF PARTNERSHIP.— 

15 Each State receiving an allotment under this 

16 section shall use the funds to establish a partner17 ship to award grants for access and persistence 

18 to eligible low-income students in order to in19 crease the amount of financial assistance such 

20 students receive under this subpart for under21 graduate education expenses. 

22 ‘‘(B) AMOUNT OF GRANTS.— 

23 ‘‘(i) PARTNERSHIPS WITH INSTITU24 TIONS SERVING LESS THAN A MAJORITY OF

25 STUDENTS IN THE STATE.— 
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1 ‘‘(I) IN GENERAL.—In the case 

2 where a State receiving an allotment 

3 under this section is in a partnership 

4 described in subsection (b)(2)(A)(i), the 

5 amount of a grant for access and per6 sistence awarded by such State shall be 

7 not less than the amount that is equal 

8 to the average undergraduate tuition 

9 and mandatory fees at 4-year public 

10 institutions of higher education in the 

11 State where the student resides (less 

12 any other Federal or State sponsored 

13 grant amount, work study amount, 

14 and scholarship amount received by the 

15 student), and such amount shall be 

16 used toward the cost of attendance at 

17 an institution of higher education lo18 cated in the State. 

19 ‘‘(II) COST OF ATTENDANCE.—A 

20 State that has a program, apart from 

21 the partnership under this section, of 

22 providing eligible low-income students 

23 with grants that are equal to the aver24 age undergraduate tuition and manda25 tory fees at 4-year public institutions 
597 

•S 1614 RS 

1 of higher education in the State, may 

2 increase the amount of grants for ac3 cess and persistence awarded by such 

4 State up to an amount that is equal to 

5 the average cost of attendance at 4- 

6 year public institutions of higher edu7 cation in the State (less any other Fed8 eral or State sponsored grant amount, 

9 work study amount, and scholarship 

10 amount received by the student). 

11 ‘‘(ii) PARTNERSHIPS WITH INSTITU12 TIONS SERVING THE MAJORITY OF STU13 DENTS IN THE STATE.—In the case where a 

14 State receiving an allotment under this sec15 tion is in a partnership described in sub16 section (b)(2)(A)(ii), the amount of a grant 

17 for access and persistence awarded by such 

18 State shall be not more than an amount 

19 that is equal to the average cost of attend20 ance at 4-year public institutions of higher 

21 education in the State where the student re22 sides (less any other Federal or State spon23 sored grant amount, college work study 

24 amount, and scholarship amount received 

25 by the student), and such amount shall be 
598 

•S 1614 RS 

1 used by the student to attend an institution 

2 of higher education located in the State. 

3 ‘‘(C) SPECIAL RULES.— 

4 ‘‘(i) PARTNERSHIP INSTITUTIONS.—A 

5 State receiving an allotment under this sec6 tion may restrict the use of grants for access 

7 and persistence under this section by 

8 awarding the grants only to students at9 tending institutions of higher education that 

10 are participating in the partnership. 

11 ‘‘(ii) OUT-OF-STATE INSTITUTIONS.—If 

12 a State provides grants through another 

13 program under this subpart to students at14 tending institutions of higher education lo15 cated in another State, such agreement may 

16 also apply to grants awarded under this 

17 section. 

18 ‘‘(2) EARLY NOTIFICATION.— 

19 ‘‘(A) IN GENERAL.—Each State receiving 

20 an allotment under this section shall annually 

21 notify low-income students, such as students who 

22 are eligible to receive a free lunch under the 

23 school lunch program established under the Rich24 ard B. Russell National School Lunch Act, in 

25 grade 7 through grade 12 in the State, of the stu-
599 

•S 1614 RS 

1 dents’ potential eligibility for student financial 

2 assistance, including a grant for access and per3 sistence, to attend an institution of higher edu4 cation. 

5 ‘‘(B) CONTENT OF NOTICE.—The notifica6 tion under subparagraph (A)— 

7 ‘‘(i) shall include— 

8 ‘‘(I) information about early in9 formation and intervention, mentoring, 

10 or outreach programs available to the 

11 student; 

12 ‘‘(II) information that a student’s 

13 candidacy for a grant for access and 

14 persistence is enhanced through par15 ticipation in an early information and 

16 intervention, mentoring, or outreach 

17 program; 

18 ‘‘(III) an explanation that student 

19 and family eligibility and participa20 tion in other Federal means-tested pro21 grams may indicate eligibility for a 

22 grant for access and persistence and 

23 other student aid programs; 

24 ‘‘(IV) a nonbinding estimation of 

25 the total amount of financial aid a 
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1 low-income student with a similar in2 come level may expect to receive, in3 cluding an estimation of the amount of 

4 a grant for access and persistence and 

5 an estimation of the amount of grants, 

6 loans, and all other available types of 

7 aid from the major Federal and State 

8 financial aid programs; 

9 ‘‘(V) an explanation that in order 

10 to be eligible for a grant for access and 

11 persistence, at a minimum, a student 

12 shall— 

13 ‘‘(aa) meet the requirement 

14 under paragraph (3); 

15 ‘‘(bb) graduate from sec16 ondary school; and 

17 ‘‘(cc) enroll at an institution 

18 of higher education that is a part19 ner in the partnership or qualifies 

20 under subsection (d)(1)(C)(ii); 

21 ‘‘(VI) information on any addi22 tional requirements (such as a student 

23 pledge detailing student responsibil24 ities) that the State may impose for re-
601 

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1 ceipt of a grant for access and persist2 ence under this section; and 

3 ‘‘(VII) instructions on how to 

4 apply for a grant for access and per5 sistence and an explanation that a stu6 dent is required to file a Free Applica7 tion for Federal Student Aid author8 ized under section 483(a) to be eligible 

9 for such grant and assistance from 

10 other Federal and State financial aid 

11 programs; and 

12 ‘‘(ii) may include a disclaimer that 

13 grant awards for access and persistence are 

14 contingent upon— 

15 ‘‘(I) a determination of the stu16 dent’s financial eligibility at the time 

17 of the student’s enrollment at an insti18 tution of higher education that is a 

19 partner in the partnership or qualifies 

20 under subsection (d)(1)(C)(ii); 

21 ‘‘(II) annual Federal and State 

22 appropriations; and 

23 ‘‘(III) other aid received by the 

24 student at the time of the student’s en-
602 

•S 1614 RS 

1 rollment at such institution of higher 

2 education. 

3 ‘‘(3) ELIGIBILITY.—In determining which stu4 dents are eligible to receive grants for access and per5 sistence, the State shall ensure that each such student 

6 meets not less than 1 of the following: 

7 ‘‘(A) Meets not less than 2 of the following 

8 criteria, with priority given to students meeting 

9 all of the following criteria: 

10 ‘‘(i) Has an expected family contribu11 tion equal to zero (as described in section 

12 479) or a comparable alternative based 

13 upon the State’s approved criteria in sec14 tion 415C(b)(4). 

15 ‘‘(ii) Has qualified for a free lunch, or 

16 at the State’s discretion a reduced price 

17 lunch, under the school lunch program es18 tablished under the Richard B. Russell Na19 tional School Lunch Act. 

20 ‘‘(iii) Qualifies for the State’s max21 imum undergraduate award, as authorized 

22 under section 415C(b). 

23 ‘‘(iv) Is participating in, or has par24 ticipated in, a Federal, State, institutional, 

25 or community early information and inter-
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1 vention, mentoring, or outreach program, as 

2 recognized by the State agency admin3 istering activities under this section. 

4 ‘‘(B) Is receiving, or has received, a grant 

5 for access and persistence under this section, in 

6 accordance with paragraph (5). 

7 ‘‘(4) GRANT AWARD.—Once a student, including 

8 those students who have received early notification 

9 under paragraph (2) from the State, applies for ad10 mission to an institution that is a partner in the 

11 partnership, files a Free Application for Federal Stu12 dent Aid and any related existing State form, and is 

13 determined eligible by the State under paragraph (3), 

14 the State shall— 

15 ‘‘(A) issue the student a preliminary award 

16 certificate for a grant for access and persistence 

17 with tentative award amounts; and 

18 ‘‘(B) inform the student that payment of the 

19 grant for access and persistence award amounts 

20 is subject to certification of enrollment and 

21 award eligibility by the institution of higher 

22 education. 

23 ‘‘(5) DURATION OF AWARD.—An eligible student 

24 that receives a grant for access and persistence under 

25 this section shall receive such grant award for each 
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•S 1614 RS 

1 year of such student’s undergraduate education in 

2 which the student remains eligible for assistance 

3 under this title, including pursuant to section 484(c), 

4 and remains financially eligible as determined by the 

5 State, except that the State may impose reasonable 

6 time limits to degree completion. 

7 ‘‘(e) USE OF FUNDS FOR ADMINISTRATIVE COSTS

8 PROHIBITED.—A State that receives an allotment under 

9 this section shall not use any of the allotted funds to pay 

10 administrative costs associated with any of the authorized 

11 activities described in subsection (d). 

12 ‘‘(f) STATUTORY AND REGULATORY RELIEF FOR INSTI13 TUTIONS OF HIGHER EDUCATION.—The Secretary may 

14 grant, upon the request of an institution of higher education 

15 that is in a partnership described in subsection 

16 (b)(2)(A)(ii) and that receives an allotment under this sec17 tion, a waiver for such institution from statutory or regu18 latory requirements that inhibit the ability of the institu19 tion to successfully and efficiently participate in the activi20 ties of the partnership. 

21 ‘‘(g) APPLICABILITY RULE.—The provisions of this 

22 subpart which are not inconsistent with this section shall 

23 apply to the program authorized by this section. 

24 ‘‘(h) MAINTENANCE OF EFFORT REQUIREMENT.— 

25 Each State receiving an allotment under this section for 
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•S 1614 RS 

1 a fiscal year shall provide the Secretary with an assurance 

2 that the aggregate amount expended per student or the ag3 gregate expenditures by the State, from funds derived from 

4 non-Federal sources, for the authorized activities described 

5 in subsection (d) for the preceding fiscal year were not less 

6 than the amount expended per student or the aggregate ex7 penditure by the State for the activities for the second pre8 ceding fiscal year. 

9 ‘‘(i) SPECIAL RULE.—Notwithstanding subsection (h), 

10 for purposes of determining a State’s share of the cost of 

11 the authorized activities described in subsection (d), the 

12 State shall consider only those expenditures from non-Fed13 eral sources that exceed the State’s total expenditures for 

14 need-based grants, scholarships, and work-study assistance 

15 for fiscal year 1999 (including any such assistance provided 

16 under this subpart). 

17 ‘‘(j) CONTINUATION AND TRANSITION.—For the 2-year 

18 period that begins on the date of enactment of the Higher 

19 Education Amendments of 2005, the Secretary shall con20 tinue to award grants under section 415E of the Higher 

21 Education Act of 1965 as such section existed on the day 

22 before the date of enactment of such Act to States that choose 

23 to apply for grants under such predecessor section. 

24 ‘‘(k) REPORTS.—Not later than 3 years after the date 

25 of enactment of the Higher Education Amendments of 2005 
606 

•S 1614 RS 

1 and annually thereafter, the Secretary shall submit a report 

2 describing the activities and the impact of the partnerships 

3 under this section to the authorizing committees.’’. 

4 SEC. 407. SPECIAL PROGRAMS FOR STUDENTS WHOSE FAMI5 LIES ARE ENGAGED IN MIGRANT AND SEA6 SONAL FARMWORK. 

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

8 (1) in subsection (a), by adding ‘‘(including pro9 viding outreach and technical assistance)’’ after 

10 ‘‘maintain and expand’’; 

11 (2) in subsection (b)— 

12 (A) in paragraph (1)(B)(i), by striking 

13 ‘‘parents’’ and inserting ‘‘immediate family’’; 

14 (B) in paragraph (3)(B), by inserting ‘‘(in15 cluding preparation for college entrance exami16 nations)’’ after ‘‘college program’’; 

17 (C) in paragraph (5), by striking ‘‘weekly’’; 

18 (D) in paragraph (7), by striking ‘‘and’’ 

19 after the semicolon; 

20 (E) in paragraph (8), by striking the period 

21 at the end and inserting ‘‘; and’’; and 

22 (F) by adding at the end the following: 

23 ‘‘(9) other activities to improve persistence and 

24 retention in postsecondary education.’’; 

25 (3) in subsection (c)— 
607 

•S 1614 RS 

1 (A) in paragraph (1)— 

2 (i) in subparagraph (B)— 

3 (I) in the matter preceding clause 

4 (i), by inserting ‘‘to improve place5 ment, persistence, and retention in 

6 postsecondary education’’ after ‘‘serv7 ices’’; and 

8 (II) in clause (i), by striking 

9 ‘‘and career’’ and inserting ‘‘career, 

10 and economic education or personal fi11 nance’’; 

12 (ii) in subparagraph (E), by striking 

13 ‘‘and’’ after the semicolon; 

14 (iii) by redesignating subparagraph 

15 (F) as subparagraph (G); and 

16 (iv) by inserting after subparagraph 

17 (E) the following: 

18 ‘‘(F) internships; and’’; and 

19 (B) in paragraph (2)— 

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

21 ‘‘and’’ after the semicolon; 

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

23 the period at the end and inserting ‘‘, and 

24 coordinating such services, assistance, and 

25 aid with other non-program services, assist-
608 

•S 1614 RS 

1 ance, and aid, including services, assist2 ance, and aid provided by community-based 

3 organizations, which may include men4 toring and guidance; and’’; and 

5 (iii) by adding at the end the fol6 lowing: 

7 ‘‘(C) for students attending 2-year institu8 tions of higher education, encouraging the stu9 dents to transfer to 4-year institutions of higher 

10 education, where appropriate, and monitoring 

11 the rate of transfer of such students.’’; 

12 (4) in subsection (e), by striking ‘‘section 

13 402A(c)(1)’’ and inserting ‘‘section 402A(c)(2)’’; 

14 (5) in subsection (f)— 

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

16 ‘‘$150,000’’ and inserting ‘‘$180,000’’; and 

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

18 ‘‘$150,000’’ and inserting ‘‘$180,000’’; and 

19 (6) in subsection (h)— 

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

21 ‘‘$15,000,000 for fiscal year 1999’’ and all that 

22 follows through the period and inserting ‘‘such 

23 sums as may be necessary for fiscal year 2006 

24 and each of the 5 succeeding fiscal years.’’; and 
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•S 1614 RS 

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

2 ‘‘$5,000,000 for fiscal year 1999’’ and all that 

3 follows through the period and inserting ‘‘such 

4 sums as may be necessary for fiscal year 2006 

5 and each of the 5 succeeding fiscal years.’’. 

6 SEC. 408. ROBERT C. BYRD HONORS SCHOLARSHIP PRO7 GRAM. 

8 (a) ELIGIBILITY OF SCHOLARS.—Section 419F(a) (20 

9 U.S.C. 1070d–36(a)) is amended by inserting ‘‘(or a home 

10 school, whether treated as a home school or a private school 

11 under State law)’’ after ‘‘public or private secondary 

12 school’’. 

13 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

14 419K (20 U.S.C. 1070d–41) is amended by striking 

15 ‘‘$45,000,000 for fiscal year 1999’’ and all that follows 

16 through the period and inserting ‘‘such sums as may be nec17 essary for fiscal year 2006 and each of the 5 succeeding 

18 fiscal years.’’. 

19 SEC. 409. CHILD CARE ACCESS MEANS PARENTS IN 

20 SCHOOL. 

21 (a) MINIMUM GRANT.—Section 419N(b)(2)(B) (20 

22 U.S.C. 1070e(b)(2)(B)) is amended— 

23 (1) by striking ‘‘A grant’’ and inserting the fol24 lowing: 
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•S 1614 RS 

1 ‘‘(i) IN GENERAL.—Except as provided 

2 in clause (ii), a grant’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(ii) INCREASE TRIGGER.—For any 

5 fiscal year for which the amount appro6 priated under the authority of subsection 

7 (g) is equal to or greater than $20,000,000, 

8 a grant under this section shall be awarded 

9 in an amount that is not less than 

10 $30,000.’’. 

11 (b) DEFINITION OF LOW-INCOME STUDENT.—Para12 graph (7) of section 419N(b) (20 U.S.C. 1070e(b)) is amend13 ed to read as follows: 

14 ‘‘(7) DEFINITION OF LOW-INCOME STUDENT.— 

15 For the purpose of this section, the term ‘low-income 

16 student’ means a student who— 

17 ‘‘(A) is eligible to receive a Federal Pell 

18 Grant for the fiscal year for which the deter19 mination is made; or 

20 ‘‘(B) would otherwise be eligible to receive a 

21 Federal Pell Grant for the fiscal year for which 

22 the determination is made, except that the stu23 dent fails to meet the requirements of— 
611 

•S 1614 RS 

1 ‘‘(i) section 401(c)(1) because the stu2 dent is enrolled in a graduate or first pro3 fessional course of study; or 

4 ‘‘(ii) section 484(a)(5) because the stu5 dent is in the United States for a tem6 porary purpose.’’. 

7 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

8 419N(g) (20 U.S.C. 1070e(g)) is amended by striking 

9 ‘‘$45,000,000 for fiscal year 1999’’ and all that follows 

10 through the period and inserting ‘‘such sums as may be nec11 essary for fiscal year 2006 and each of the 5 succeeding 

12 fiscal years.’’. 

13 SEC. 410. LEARNING ANYTIME ANYWHERE PARTNERSHIPS. 

14 Subpart 8 of part A of title IV (20 U.S.C. 1070f et 

15 seq.) is repealed. 

16 PART B—FEDERAL FAMILY EDUCATION LOAN 

17 PROGRAM 

18 SEC. 421. EXTENSION OF AUTHORITIES. 

19 (a) FEDERAL INSURANCE LIMITATIONS.—Section 

20 424(a) (20 U.S.C. 1074(a)) is amended— 

21 (1) by striking ‘‘2004’’ and inserting ‘‘2012’’; 

22 and 

23 (2) by striking ‘‘2008’’ and inserting ‘‘2016’’. 

24 (b) GUARANTEED LOANS.—Section 428(a)(5) (20 

25 U.S.C. 1078(a)(5)) is amended— 
612 

•S 1614 RS 

1 (1) by striking ‘‘2004’’ and inserting ‘‘2012’’; 

2 and 

3 (2) by striking ‘‘2008’’ and inserting ‘‘2016’’. 

4 (3) CONSOLIDATION LOANS.—Section 428C(e) 

5 (20 U.S.C. 1078–3(e)) is amended by striking ‘‘2004’’ 

6 and inserting ‘‘2012’’. 

7 SEC. 422. FEDERAL PAYMENTS TO REDUCE STUDENT IN8 TEREST COSTS. 

9 Section 428 (20 U.S.C. 1078) is amended— 

10 (1) in subsection (b)(1)— 

11 (A) in subparagraph (N)— 

12 (i) in clause (i), by striking ‘‘or’’ after 

13 the semicolon; and 

14 (ii) by striking clause (ii) and insert15 ing the following: 

16 ‘‘(ii) in the case of a student who is 

17 studying outside the United States in a pro18 gram of study abroad that is approved for 

19 credit by the home institution at which such 

20 student is enrolled, and only after 

21 verification of the student’s enrollment by 

22 the lender or guaranty agency, are, at the 

23 request of the student, disbursed directly to 

24 the student by the means described in clause 

25 (i), unless such student requests that the 
613 

•S 1614 RS 

1 check be endorsed, or the funds transfer be 

2 authorized, pursuant to an authorized 

3 power-of-attorney; or 

4 ‘‘(iii) in the case of a student who is 

5 studying outside the United States in a pro6 gram of study at an eligible foreign institu7 tion, are, at the request of the foreign insti8 tution, disbursed directly to the student, 

9 only after verification of the student’s en10 rollment by the lender or guaranty agency 

11 by the means described in clause (i);’’; and 

12 (B) in subparagraph (Y)(i)(III), by insert13 ing ‘‘, except that, if requested by an institution 

14 of higher education, the lender shall confirm such 

15 status through use of the National Student Loan 

16 Data System’’ before the semicolon; and 

17 (2) in subsection (c)(2)(H)(i), by striking 

18 ‘‘preclaims’’ and inserting ‘‘default aversion’’. 

19 SEC. 423. FEDERAL CONSOLIDATION LOANS. 

20 Section 428C(b)(1) (20 U.S.C. 1078–3(b)(1)) is 

21 amended— 

22 (1) in subparagraph (E), by striking ‘‘and’’ after 

23 the semicolon; 

24 (2) by redesignating subparagraph (F) as sub25 paragraph (G); and 
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•S 1614 RS 

1 (3) by inserting after subparagraph (E) the fol2 lowing: 

3 ‘‘(F) that the lender will disclose, in a clear 

4 and conspicuous manner, to borrowers who con5 solidate loans made under part E of this title— 

6 ‘‘(i) that once the borrower adds the 

7 borrower’s Federal Perkins Loan to a Fed8 eral Consolidation Loan, the borrower will 

9 lose all interest-free periods that would have 

10 been available, such as those periods when 

11 no interest accrues on the Federal Perkins 

12 Loan while the borrower is enrolled in 

13 school at least half-time, during the grace 

14 period, and during periods when the bor15 rower’s student loan repayments are de16 ferred; 

17 ‘‘(ii) that the borrower will no longer 

18 be eligible for loan forgiveness of Federal 

19 Perkins Loans under any provision of sec20 tion 465; and 

21 ‘‘(iii) the occupations described in sec22 tion 465(a)(2), individually and in detail, 

23 for which the borrower will lose eligibility 

24 for Federal Perkins Loan forgiveness; and’’. 
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•S 1614 RS 

1 SEC. 424. DEFAULT REDUCTION PROGRAM. 

2 Section 428F (20 U.S.C. 1078–6) is amended by add3 ing at the end the following: 

4 ‘‘(c) FINANCIAL AND ECONOMIC LITERACY.—Where 

5 appropriate as determined by the institution of higher edu6 cation in which a borrower is enrolled, each program de7 scribed in subsection (b) shall include making available fi8 nancial and economic education materials for the borrower, 

9 including making the materials available before, during, or 

10 after rehabilitation of a loan.’’. 

11 SEC. 425. REQUIREMENTS FOR DISBURSEMENT OF STU12 DENT LOANS. 

13 Section 428G(e) (20 U.S.C. 1078–7(e)) is amended by 

14 striking ‘‘, made to a student to cover the cost of attendance 

15 at an eligible institution outside the United States’’. 

16 SEC. 426. 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 credit 

20 bureau organizations’’ and inserting ‘‘with each con21 sumer reporting agency that compiles and maintains 

22 files on consumers on a nationwide basis (as defined 

23 in section 603(p) of the Fair Credit Reporting Act 

24 (15 U.S.C. 1681a(p))’’; 

25 (2) by redesignating paragraphs (1), (2), and (3) 

26 as paragraphs (2), (4), and (5), respectively; 
616 

•S 1614 RS 

1 (3) by inserting before paragraph (2) (as redesig2 nated by paragraph (2)), the following: 

3 ‘‘(1) the type of loan made, insured, or guaran4 teed under this title;’’; 

5 (4) by inserting after paragraph (2) (as redesig6 nated by paragraph (2)), the following: 

7 ‘‘(3) information concerning the repayment sta8 tus of the loan, which information shall be included 

9 in the file of the borrower, except that nothing in this 

10 subsection shall be construed to affect any otherwise 

11 applicable provision of the Fair Credit Reporting Act 

12 (15 U.S.C. 1681 et seq.)’’; 

13 (5) in paragraph (4) (as redesignated by para14 graph (2)), by striking ‘‘and’’ after the semicolon; 

15 (6) in paragraph (5) (as redesignated by para16 graph (2)), by striking the period and inserting ‘‘; 

17 and’’; and 

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

19 ‘‘(6) any other information required to be re20 ported by Federal law.’’. 

21 SEC. 427. COMMON FORMS AND FORMATS. 

22 Section 432(m)(1)(D)(i) (20 U.S.C. 1082(m)(1)(D)(i)) 

23 is amended by adding at the end the following: ‘‘Unless oth24 erwise notified by the Secretary, each institution of higher 

25 education that participates in the program under this part 
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•S 1614 RS 

1 or part D may use a master promissory note for loans 

2 under this part and part D.’’. 

3 SEC. 428. STUDENT LOAN INFORMATION BY ELIGIBLE BOR4 ROWERS. 

5 Section 433 (20 U.S.C. 1083) is amended by adding 

6 at the end the following: 

7 ‘‘(f) BORROWER INFORMATION AND PRIVACY.—Each 

8 entity participating in a program under this part that is 

9 subject to subtitle A of title V of the Gramm-Leach-Bliley 

10 Act (15 U.S.C. 6801 et seq.) shall only use, release, disclose, 

11 sell, transfer, or give student information, including the 

12 name, address, social security number, or amount borrowed 

13 by a borrower or a borrower’s parent, in accordance with 

14 the provisions of such subtitle. 

15 ‘‘(g) LOAN BENEFIT DISCLOSURES.— 

16 ‘‘(1) IN GENERAL.—Each eligible lender, holder, 

17 or servicer of a loan made, insured, or guaranteed 

18 under this part shall provide the borrower with infor19 mation on the loan benefit repayment options the 

20 lender, holder, or servicer offer, including information 

21 on reductions in interest rates— 

22 ‘‘(A) by repaying the loan by automatic 

23 payroll or checking account deduction; 

24 ‘‘(B) by completing a program of on-time 

25 repayment; and 
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1 ‘‘(C) under any other interest rate reduction 

2 program. 

3 ‘‘(2) INFORMATION.—Such borrower information 

4 shall include— 

5 ‘‘(A) any limitations on such options; 

6 ‘‘(B) explicit information on the reasons a 

7 borrower may lose eligibility for such an option; 

8 ‘‘(C) examples of the impact the interest 

9 rate reductions will have on a borrower’s time 

10 for repayment and amount of repayment; 

11 ‘‘(D) upon the request of the borrower, the 

12 effect the reductions in interest rates will have 

13 with respect to the borrower’s payoff amount and 

14 time for repayment; and 

15 ‘‘(E) information on borrower recertifi16 cation requirements.’’. 

17 SEC. 429. CONSUMER EDUCATION INFORMATION. 

18 Part B (20 U.S.C. 1071 et seq.) is amended by insert19 ing after section 433 (20 U.S.C. 1083) the following: 

20 ‘‘SEC. 433A. CONSUMER EDUCATION INFORMATION. 

21 ‘‘Each guaranty agency participating in a program 

22 under this part working with the institutions of higher edu23 cation served by such guaranty agency (or in the case of 

24 an institution of higher education that provides loans exclu25 sively through part D, the institution working with a guar-
619 

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1 anty agency or with the Secretary) shall develop and make 

2 available a quality educational program and materials to 

3 provide training for students in budgeting and financial 

4 management, including debt management and other aspects 

5 of financial literacy, such as the cost of using very high 

6 interest loans to pay for postsecondary education, particu7 larly as budgeting and financial management relates to stu8 dent loan programs authorized by this title. Nothing in this 

9 section shall be construed to prohibit a guaranty agency 

10 from using an existing program or existing materials to 

11 meet the requirement of this section. The activities described 

12 in this section shall be considered default reduction activi13 ties for the purposes of section 422.’’. 

14 SEC. 430. DEFINITION OF ELIGIBLE LENDER. 

15 Section 435(d)(2) (20 U.S.C. 1085(d)(2)) is amended 

16 by striking subparagraph (F) and inserting the following: 

17 ‘‘(F) shall use the proceeds from special al18 lowance payments, interest payments from bor19 rowers, proceeds from the sale of a loan made, 

20 insured, or guaranteed under this part, and all 

21 other proceeds related to such a loan that are 

22 furnished to the eligible institution or any entity 

23 affiliated (directly or indirectly) with the eligible 

24 institution, for need based grant programs, ex25 cept that such payments and proceeds may be 
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1 used for reasonable reimbursement for direct ad2 ministrative expenses;’’. 

3 SEC. 431. REPAYMENT BY THE SECRETARY OF LOANS OF 

4 BANKRUPT, DECEASED, OR DISABLED BOR5 ROWERS; TREATMENT OF BORROWERS AT6 TENDING SCHOOLS THAT FAIL TO PROVIDE A 

7 REFUND, ATTENDING CLOSED SCHOOLS, OR 

8 FALSELY CERTIFIED AS ELIGIBLE TO BOR9 ROW. 

10 Section 437 (20 U.S.C. 1087) is amended— 

11 (1) in the section heading, by striking ‘‘CLOSED

12 SCHOOLS OR FALSELY CERTIFIED AS ELIGIBLE

13 TO BORROW’’ and inserting ‘‘SCHOOLS THAT

14 FAIL TO PROVIDE A REFUND, ATTENDING

15 CLOSED SCHOOLS, OR FALSELY CERTIFIED AS

16 ELIGIBLE TO BORROW’’; and 

17 (2) in the first sentence of subsection (c)(1), by 

18 inserting ‘‘or was falsely certified as a result of a 

19 crime of identity theft’’ after ‘‘falsely certified by the 

20 eligible institution’’. 

21 PART C—FEDERAL WORK-STUDY PROGRAMS 

22 SEC. 441. AUTHORIZATION OF APPROPRIATIONS. 

23 Section 441(b) (42 U.S.C. 2751(b)) is amended by 

24 striking ‘‘$1,000,000 for fiscal year 1999’’ and all that fol25 lows through the period and inserting ‘‘such sums as may 
621 

•S 1614 RS 

1 be necessary for fiscal year 2006 and each of the 5 suc2 ceeding fiscal years.’’. 

3 SEC. 442. ALLOWANCE FOR BOOKS AND SUPPLIES. 

4 Section 442(c)(4)(D) (42 U.S.C. 2752(c)(4)(D)) is 

5 amended by striking ‘‘$450’’ and inserting ‘‘$600’’. 

6 SEC. 443. GRANTS FOR FEDERAL WORK-STUDY PROGRAMS. 

7 Section 443(b)(2) (42 U.S.C. 2753(b)(2)) is amend8 ed— 

9 (1) by striking subparagraph (A); 

10 (2) by redesignating subparagraphs (B) and (C) 

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

12 (3) in subparagraph (A) (as redesignated by 

13 paragraph (2)), by striking ‘‘this subparagraph if’’ 

14 and all that follows through ‘‘institution;’’ and insert15 ing ‘‘this subparagraph if— 

16 ‘‘(i) the Secretary determines that en17 forcing this subparagraph would cause 

18 hardship for students at the institution; or 

19 ‘‘(ii) the institution certifies to the Sec20 retary that 15 percent or more of its total 

21 full-time enrollment participates in commu22 nity service activities described in section 

23 441(c) or tutoring and literacy activities 

24 described in subsection (d) of this section;’’. 
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1 SEC. 444. JOB LOCATION AND DEVELOPMENT PROGRAMS. 

2 Section 446(a)(1) (42 U.S.C. 2756(a)(1)) is amended 

3 by striking ‘‘$50,000’’ and inserting ‘‘$75,000’’. 

4 SEC. 445. WORK COLLEGES. 

5 Section 448 (42 U.S.C. 2756b) is amended— 

6 (1) in subsection (b)— 

7 (A) in paragraph (1), by striking ‘‘under 

8 subsection (f)’’ and inserting ‘‘for this section 

9 under section 441(b)’’; and 

10 (B) in paragraph (2)— 

11 (i) in the matter preceding subpara12 graph (A), by striking ‘‘pursuant to sub13 section (f)’’ and inserting ‘‘for this section 

14 under section 441(b)’’; 

15 (ii) by redesignating subparagraphs 

16 (C) through (F) as subparagraphs (D) 

17 through (G), respectively; and 

18 (iii) by inserting after subparagraph 

19 (B) the following: 

20 ‘‘(C) support existing and new model stu21 dent volunteer community service projects associ22 ated with local institutions of higher education, 

23 such as operating drop-in resource centers that 

24 are staffed by students and that link people in 

25 need with the resources and opportunities nec26 essary to become self-sufficient;’’; 
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•S 1614 RS 

1 (2) in subsection (c), by striking ‘‘by subsection 

2 (f) to use funds under subsection (b)(1)’’ and insert3 ing ‘‘for this section under section 441(b) or to use 

4 funds under subsection (b)(1),’’; and 

5 (3) by striking subsection (f). 

6 PART D—WILLIAM D. FORD FEDERAL DIRECT 

7 LOAN PROGRAM 

8 SEC. 451. FUNDS FOR ADMINISTRATIVE EXPENSES. 

9 Section 458 (20 U.S.C. 1087h) is amended— 

10 (1) in subsection (a)(1), in the matter following 

11 subparagraph (B), by striking ‘‘$617,000,000’’ and 

12 all that follows through the period and inserting 

13 ‘‘$904,000,000 in fiscal year 2006, $943,000,000 in 

14 fiscal year 2007, $983,000,000 in fiscal year 2008, 

15 $1,023,000,000 in fiscal year 2009, $1,064,000,000 in 

16 fiscal year 2010, and $1,106,000,000 in fiscal year 

17 2011.’’; and 

18 (2) in subsection (c)(1), by striking subpara19 graphs (A) through (E) and inserting the following: 

20 ‘‘(A) for fiscal year 2006, shall not exceed 

21 $271,000,000; 

22 ‘‘(B) for fiscal year 2007, shall not exceed 

23 $293,000,000; 

24 ‘‘(C) for fiscal year 2008, shall not exceed 

25 $315,000,000; 
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•S 1614 RS 

1 ‘‘(D) for fiscal year 2009, shall not exceed 

2 $336,000,000; 

3 ‘‘(E) for fiscal year 2010, shall not exceed 

4 $356,000,000; and 

5 ‘‘(F) for fiscal year 2011, shall not exceed 

6 $378,000,000.’’. 

7 PART E—FEDERAL PERKINS LOANS 

8 SEC. 461. PROGRAM AUTHORITY. 

9 Section 461(b) (20 U.S.C. 1087aa(b)) is amended— 

10 (1) in paragraph (1), by striking ‘‘$250,000,000 

11 for fiscal year 1999’’ and all that follows through the 

12 period and inserting ‘‘such sums as may be necessary 

13 for fiscal year 2006 and each of the 5 succeeding fis14 cal years.’’; and 

15 (2) in paragraph (2),— 

16 (A) by striking ‘‘fiscal year 2003’’ and in17 serting ‘‘fiscal year 2012’’; and 

18 (B) by striking ‘‘October 1, 2003’’ and in19 serting ‘‘October 1, 2012’’. 

20 SEC. 462. TERMS OF LOANS. 

21 Section 464 (20 U.S.C. 1087dd) is amended— 

22 (1) in subsection (b)(1), by striking ‘‘for an ad23 ditional loan under this part’’ and inserting ‘‘for ad24 ditional aid under this title’’; and 

25 (2) in subsection (e), by striking ‘‘written’’. 
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1 SEC. 463. CANCELLATION OF LOANS FOR CERTAIN PUBLIC 

2 SERVICE. 

3 Section 465(a) (20 U.S.C. 1087ee(a)) is amended— 

4 (1) in paragraph ( 2)— 

5 (A) in subparagraph (B), by striking 

6 ‘‘Head Start Act which’’ and inserting ‘‘Head 

7 Start Act, or in a prekindergarten or child care 

8 program that is licensed or regulated by the 

9 State, that’’; 

10 (B) in subparagraph (H), by striking ‘‘or’’ 

11 after the semicolon; 

12 (C) in subparagraph (I), by striking the pe13 riod and inserting a semicolon; and 

14 (D) by inserting before the matter following 

15 subparagraph (I) (as amended by subparagraph 

16 (C)) the following: 

17 ‘‘(J) as a full-time faculty member at a Tribal 

18 College or University, as that term is defined in sec19 tion 316; 

20 ‘‘(K) as a librarian, if the librarian has a mas21 ter’s degree in library science and is employed in— 

22 ‘‘(i) an elementary school or secondary 

23 school that is eligible for assistance under title I 

24 of the Elementary and Secondary Education Act 

25 of 1965; or 
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•S 1614 RS 

1 ‘‘(ii) a public library that serves a geo2 graphic area that contains 1 or more schools eli3 gible for assistance under title I of the Elemen4 tary and Secondary Education Act of 1965; or 

5 ‘‘(L) as a full-time speech language therapist, if 

6 the therapist has a master’s degree and is working ex7 clusively with schools that are eligible for assistance 

8 under title I of the Elementary and Secondary Edu9 cation Act of 1965.’’; and 

10 (2) in paragraph (3)(A)(i), by striking ‘‘or (I)’’ 

11 and inserting ‘‘(I), (J), (K), or (L)’’. 

12 SEC. 464. FEDERAL CAPITAL CONTRIBUTION RECOVERY. 

13 Section 466 (20 U.S.C. 1087ff) is amended— 

14 (1) in subsection (a)— 

15 (A) by striking ‘‘2003’’ each place it ap16 pears and inserting ‘‘2011’’; and 

17 (B) by striking ‘‘2004’’ and inserting 

18 ‘‘2012’’; and 

19 (2) in subsection (c), by striking ‘‘2004’’ and in20 serting ‘‘2012’’. 

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: 
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•S 1614 RS 

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 (as 

5 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 se12 mesters or the equivalent, of which not more than 

13 2 semesters or the equivalent may be consecu14 tive;’’; 

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 institu24 tion).’’. 
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1 SEC. 472. DISCRETION OF STUDENT FINANCIAL AID ADMIN2 ISTRATORS. 

3 The third sentence of section 479A(a) (20 U.S.C. 

4 1087tt(a)) is amended— 

5 (1) by inserting ‘‘or an independent student’’ 

6 after ‘‘family member’’; and 

7 (2) by inserting ‘‘a change in housing status that 

8 results in homelessness,’’ after ‘‘under section 487,’’. 

9 SEC. 473. DEFINITIONS. 

10 (a) DEFINITIONS.—Section 480 (20 U.S.C. 1087vv) is 

11 amended— 

12 (1) in subsection (f)— 

13 (A) in paragraph (1), by inserting ‘‘quali14 fied education benefits (except as provided in 

15 paragraph (3)),’’ after ‘‘tax shelters,’’; and 

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

17 ‘‘(3) A qualified education benefit shall not be consid18 ered an asset of a student for purposes of section 475. 

19 ‘‘(4) In determining the value of assets in a determina20 tion of need under this title (other than for subpart 4 of 

21 part A), the value of a qualified education benefit shall be— 

22 ‘‘(A) the refund value of any tuition credits or 

23 certificates purchased under a qualified education 

24 benefit; and 

25 ‘‘(B) in the case of a program in which contribu26 tions are made to an account that is established for 
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•S 1614 RS 

1 the purpose of meeting the qualified higher education 

2 expenses of the designated beneficiary of the account, 

3 the current balance of such account. 

4 ‘‘(5) In this subsection: 

5 ‘‘(A) QUALIFIED EDUCATION BENEFIT.—The 

6 term ‘qualified education benefit’ means— 

7 ‘‘(i) a qualified tuition program (as defined 

8 in section 529(b)(1)(A) of the Internal Revenue 

9 Code of 1986) or other prepaid tuition plan of10 fered by a State; and 

11 ‘‘(ii) a Coverdell education savings account 

12 (as defined in section 530(b)(1) of the Internal 

13 Revenue Code of 1986). 

14 ‘‘(B) QUALIFIED HIGHER EDUCATION EX15 PENSES.—The term ‘qualified higher education ex16 penses’ has the meaning given the term in section 

17 529(e) of the Internal Revenue Code of 1986.’’; and 

18 (2) in subsection (j)— 

19 (A) in the subsection heading, by striking ‘‘; 

20 TUITION PREPAYMENT PLANS’’; 

21 (B) by striking paragraph (2); 

22 (C) by redesignating paragraph (3) as 

23 paragraph (2); and 
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•S 1614 RS 

1 (D) by inserting after paragraph (2) (as re2 designated by subparagraph (C)) the following 

3 paragraph: 

4 ‘‘(3) Notwithstanding paragraph (1) and section 472, 

5 assistance not received under this title may be excluded 

6 from both estimated financial assistance and cost of attend7 ance, if that assistance is designated by the State providing 

8 that assistance to offset a specific component of the cost of 

9 attendance. If that assistance is excluded from estimated fi10 nancial assistance or cost of attendance, that assistance 

11 shall be excluded from both calculations.’’. 

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

13 section shall apply with respect to determinations of need 

14 under part F of title IV for academic years beginning on 

15 or after July 1, 2006. 

16 PART G—GENERAL PROVISIONS RELATING TO 

17 STUDENT ASSISTANCE 

18 SEC. 481. DEFINITIONS. 

19 Section 481 (20 U.S.C. 1088) is amended— 

20 (1) in the second sentence of subsection (a)(2), by 

21 inserting ‘‘and that measures program length in cred22 it hours or clock hours’’ after ‘‘baccalaureate degree’’; 

23 and 

24 (2) in subsection (b), by adding at the end the 

25 following: 
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•S 1614 RS 

1 ‘‘(3) For purposes of this title, the term ‘eligible pro2 gram’ includes an instructional program that utilizes direct 

3 assessment of student learning or recognizes the direct as4 sessment of student learning by others, if such assessment 

5 is consistent with the accreditation of the institution or pro6 gram utilizing the results of the assessment, in lieu of credit 

7 hours or clock hours as the measure of student learning. 

8 In the case of a program being determined eligible for the 

9 first time under this paragraph, such determination shall 

10 be made by the Secretary before such program is considered 

11 to be an eligible program.’’. 

12 SEC. 482. COMPLIANCE CALENDAR. 

13 Section 482 (20 U.S.C. 1089) is amended by adding 

14 at the end the following: 

15 ‘‘(e) COMPLIANCE CALENDAR.—Prior to the beginning 

16 of each award year, the Secretary shall provide to institu17 tions of higher education a list of all the reports and disclo18 sures required under this Act. The list shall include— 

19 ‘‘(1) the date each report or disclosure is required 

20 to be completed and to be submitted, made available, 

21 or disseminated; 

22 ‘‘(2) the required recipients of each report or dis23 closure; 

24 ‘‘(3) any required method for transmittal or dis25 semination of each report or disclosure; 
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•S 1614 RS 

1 ‘‘(4) a description of the content of each report 

2 or disclosure sufficient to allow the institution to 

3 identify the appropriate individuals to be assigned 

4 the responsibility for such report or disclosure; 

5 ‘‘(5) references to the statutory authority, appli6 cable regulations, and current guidance issued by the 

7 Secretary regarding each report or disclosure; and 

8 ‘‘(6) any other information which is pertinent to 

9 the content or distribution of the report or disclo10 sure.’’. 

11 SEC. 483. FORMS AND REGULATIONS. 

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

13 (1) by striking subsections (a) and (b), and in14 serting the following: 

15 ‘‘(a) COMMON FINANCIAL AID FORM DEVELOPMENT

16 AND PROCESSING.— 

17 ‘‘(1) IN GENERAL.—The Secretary, in coopera18 tion with representatives of agencies and organiza19 tions involved in student financial assistance, shall 

20 produce, distribute, and process free of charge com21 mon financial reporting forms as described in this 

22 subsection to be used to determine the need and eligi23 bility of a student for financial assistance under 

24 parts A through E of this title (other than under sub25 part 4 of part A). The forms shall be made available 
633 

•S 1614 RS 

1 to applicants in both paper and electronic formats 

2 and shall be referred to (except as otherwise provided 

3 in this subsection) as the ‘Free Application for Fed4 eral Student Aid’, or ‘FAFSA’. 

5 ‘‘(2) PAPER FORMAT.— 

6 ‘‘(A) IN GENERAL.—Subject to subpara7 graph (C), the Secretary shall produce, dis8 tribute, and process common forms in paper for9 mat to meet the requirements of paragraph (1). 

10 The Secretary shall develop a common paper 

11 form for applicants who do not meet the require12 ments of or do not wish to use the process de13 scribed in subparagraph (B). 

14 ‘‘(B) EZ FAFSA.— 

15 ‘‘(i) IN GENERAL.—The Secretary shall 

16 develop and use a simplified paper applica17 tion form, to be known as the ‘EZ FAFSA’, 

18 to be used for applicants meeting the re19 quirements under section 479(c). 

20 ‘‘(ii) REDUCED DATA REQUIRE21 MENTS.—The EZ FAFSA shall permit an 

22 applicant to submit for purposes of deter23 mining financial need and eligibility, only 

24 the data elements required to make a deter25 mination of student eligibility and whether 
634 

•S 1614 RS 

1 the applicant meets the requirements of sec2 tion 479(c). 

3 ‘‘(iii) STATE DATA.—The Secretary 

4 shall include on the EZ FAFSA such data 

5 items as may be necessary to award State 

6 financial assistance, as provided under 

7 paragraph (5), except the Secretary shall 

8 not include a State’s data if that State does 

9 not permit its applicants for State assist10 ance to use the EZ FAFSA. 

11 ‘‘(iv) FREE AVAILABILITY AND PROC12 ESSING.—The provisions of paragraph (6) 

13 shall apply to the EZ FAFSA, and the data 

14 collected by means of the EZ FAFSA shall 

15 be available to institutions of higher edu16 cation, guaranty agencies, and States in ac17 cordance with paragraph (9). 

18 ‘‘(v) TESTING.—The Secretary shall 

19 conduct appropriate field testing on the EZ 

20 FAFSA. 

21 ‘‘(C) PHASING OUT THE FULL PAPER FORM

22 FOR STUDENTS WHO DO NOT MEET THE RE23 QUIREMENTS OF THE EZ FAFSA.— 

24 ‘‘(i) IN GENERAL.—The Secretary shall 

25 make all efforts to encourage all applicants 
635 

•S 1614 RS 

1 to utilize the electronic forms described in 

2 paragraph (3). 

3 ‘‘(ii) PHASEOUT OF FULL PAPER

4 FAFSA.—Not later than 5 years after the 

5 date of enactment of the Higher Education 

6 Amendments of 2005, to the extent prac7 ticable, the Secretary shall phase out the 

8 printing of the long paper form created 

9 under subparagraph (A) and used by appli10 cants who do not meet the requirements of 

11 the EZ FAFSA described in subparagraph 

12 (B). 

13 ‘‘(iii) AVAILABILITY OF FULL PAPER

14 FAFSA.— 

15 ‘‘(I) IN GENERAL.—Both prior to 

16 and after the phaseout described in 

17 clause (ii), the Secretary shall main18 tain on the Internet printable versions 

19 of the paper forms described in sub20 paragraphs (A) and (B). 

21 ‘‘(II) ACCESSIBILITY.—The print22 able versions described in subclause (I) 

23 shall be made easily accessible and 

24 downloadable to students on the same 

25 Web site used to provide students with 
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1 the common electronic forms described 

2 in paragraph (3). 

3 ‘‘(III) SUBMISSION OF FORMS.— 

4 The Secretary shall conduct a study to 

5 determine the feasibility of using 

6 downloaded forms to ensure sufficient 

7 quality to meet the processing require8 ments of this section. Following the 

9 completion of the study, the Secretary 

10 shall enable, to the extent practicable, 

11 students to submit a form described in 

12 this clause that is downloaded from the 

13 Internet and printed, in order to meet 

14 the filing requirements of this section 

15 and to receive financial assistance 

16 under this title. 

17 ‘‘(iv) USE OF SAVINGS.— 

18 ‘‘(I) IN GENERAL.—The Secretary 

19 shall utilize any realized savings ac20 crued by phasing out the full paper 

21 FAFSA and moving more applicants 

22 to the common electronic forms, to im23 prove access to the electronic forms for 

24 applicants meeting the requirements of 

25 section 479(c). 
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•S 1614 RS 

1 ‘‘(II) REPORT.—The Secretary 

2 shall report annually to the author3 izing committees on— 

4 ‘‘(aa) the steps taken to im5 prove access to the common elec6 tronic forms for applicants meet7 ing the requirements of section 

8 479(c); and 

9 ‘‘(bb) the phaseout of the long 

10 common paper form described in 

11 subparagraph (A). 

12 ‘‘(3) ELECTRONIC FORMAT.— 

13 ‘‘(A) IN GENERAL.—The Secretary shall 

14 produce, distribute, and process common forms 

15 in electronic format and make such forms avail16 able through a broadly accessible website to meet 

17 the requirements of paragraph (1). The Secretary 

18 shall develop common electronic forms for appli19 cants who do not meet the requirements of sub20 paragraph (B). The Secretary shall include on 

21 the common electronic forms space for informa22 tion that needs to be submitted from the appli23 cant to be eligible for State financial assistance, 

24 as provided under paragraph (5), except the Sec25 retary shall not require applicants to complete 
638 

•S 1614 RS 

1 data required by any State other than the appli2 cant’s State of residence. The Secretary shall use 

3 all available technology to ensure that a student 

4 using a common electronic form answers only the 

5 minimum number of questions necessary. 

6 ‘‘(B) SIMPLIFIED ELECTRONIC APPLICA7 TIONS.— 

8 ‘‘(i) IN GENERAL.—The Secretary shall 

9 develop and use a simplified electronic ap10 plication form to be used by applicants 

11 meeting the requirements of section 479(c) 

12 and an additional, separate simplified elec13 tronic application form to be used by appli14 cants meeting the requirements under sec15 tion 479(b). 

16 ‘‘(ii) REDUCED DATA REQUIRE17 MENTS.—The simplified electronic applica18 tion forms shall permit an applicant to sub19 mit for purposes of determining financial 

20 need and eligibility, only the data elements 

21 required to make a determination of student 

22 eligibility and whether the applicant meets 

23 the requirements of subsection (b) or (c) of 

24 section 479. 
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1 ‘‘(iii) STATE DATA.—The Secretary 

2 shall include on the simplified electronic 

3 application forms such data items as may 

4 be necessary to award State financial as5 sistance, as provided under paragraph (5), 

6 except the Secretary shall not require appli7 cants to complete data required by any 

8 State other than the applicant’s State of 

9 residence and shall not include a State’s 

10 data if such State does not permit its appli11 cants for State assistance to use the sim12 plified electronic application form described 

13 in this subparagraph. 

14 ‘‘(iv) FREE AVAILABILITY AND PROC15 ESSING.—The provisions of paragraph (6) 

16 shall apply to the simplified electronic ap17 plication forms, and the data collected by 

18 means of the simplified electronic applica19 tion forms shall be available to institutions 

20 of higher education, guaranty agencies, and 

21 States in accordance with paragraph (9). 

22 ‘‘(v) TESTING.—The Secretary shall 

23 conduct appropriate field testing on the 

24 forms developed under this subparagraph. 
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1 ‘‘(C) USE OF FORMS.—Nothing in this sub2 section shall be construed to prohibit the use of 

3 the forms developed by the Secretary pursuant to 

4 this paragraph by an eligible institution, eligible 

5 lender, a guaranty agency, a State grant agency, 

6 a private computer software provider, a consor7 tium of such entities, or such other entity as the 

8 Secretary may designate. Data collected by the 

9 forms shall be used only for the application, 

10 award, and administration of aid awarded 

11 under this title, State aid, or aid awarded by el12 igible institutions or such entities as the Sec13 retary may designate. No data collected by such 

14 electronic version of the forms shall be used for 

15 making final aid awards under this title until 

16 such data have been processed by the Secretary 

17 or a contractor or designee of the Secretary, ex18 cept as may be permitted under this title. 

19 ‘‘(D) PRIVACY.—The Secretary shall ensure 

20 that data collection under this paragraph com21 plies with section 552a of title 5, United States 

22 Code, and that any entity using the electronic 

23 version of the forms developed by the Secretary 

24 pursuant to this paragraph shall maintain rea25 sonable and appropriate administrative, tech-
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1 nical, and physical safeguards to ensure the in2 tegrity and confidentiality of the information, 

3 and to protect against security threats, or unau4 thorized uses or disclosures of the information 

5 provided on the electronic version of the forms. 

6 ‘‘(E) SIGNATURE.—Notwithstanding any 

7 other provision of this Act, the Secretary may 

8 permit an electronic form under this paragraph 

9 to be submitted without a signature, if a signa10 ture is subsequently submitted by the applicant 

11 or if the applicant uses a personal identification 

12 number provided by the Secretary under sub13 paragraph (F). 

14 ‘‘(F) PERSONAL IDENTIFICATION NUMBERS

15 AUTHORIZED.—The Secretary is authorized to 

16 assign to applicants personal identification 

17 numbers— 

18 ‘‘(i) to enable the applicants to use 

19 such numbers as a signature for purposes of 

20 completing a form under this paragraph; 

21 and 

22 ‘‘(ii) for any purpose determined by 

23 the Secretary to enable the Secretary to 

24 carry out this title. 

25 ‘‘(4) STREAMLINED REAPPLICATION PROCESS.— 
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1 ‘‘(A) IN GENERAL.—The Secretary shall de2 velop streamlined reapplication forms and proc3 esses, including both paper and electronic re4 application processes, consistent with the re5 quirements of this subsection, for an applicant 

6 who applies for financial assistance under this 

7 title in the next succeeding academic year subse8 quent to an academic year in which such appli9 cant applied for financial assistance under this 

10 title. 

11 ‘‘(B) MECHANISMS FOR REAPPLICATION.— 

12 The Secretary shall develop appropriate mecha13 nisms to support reapplication. 

14 ‘‘(C) IDENTIFICATION OF UPDATED DATA.— 

15 The Secretary shall determine, in cooperation 

16 with States, institutions of higher education, and 

17 agencies and organizations involved in student 

18 financial assistance, the data elements that can 

19 be updated from the previous academic year’s 

20 application. 

21 ‘‘(D) REDUCED DATA AUTHORIZED.—Noth22 ing in this title shall be construed as limiting the 

23 authority of the Secretary to reduce the number 

24 of data elements required of reapplicants. 
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1 ‘‘(E) ZERO FAMILY CONTRIBUTION.—Appli2 cants determined to have a zero family contribu3 tion pursuant to section 479(c) shall not be re4 quired to provide any financial data in a rep5 lication form, except that which is necessary to 

6 determine eligibility under such section. 

7 ‘‘(5) STATE REQUIREMENTS.— 

8 ‘‘(A) IN GENERAL.—Except as provided in 

9 paragraphs (2)(B)(iii), (3)(A), and (3)(B)(iii), 

10 the Secretary shall include on the forms devel11 oped under this subsection, such State-specific 

12 data items as the Secretary determines are nec13 essary to meet State requirements for need-based 

14 State aid. Such items shall be selected in con15 sultation with State agencies in order to assist 

16 in the awarding of State financial assistance in 

17 accordance with the terms of this subsection, ex18 cept as provided in paragraphs (2)(B)(iii), 

19 (3)(A), and (3)(B)(iii). The number of such data 

20 items shall not be less than the number included 

21 on the form for the 2005–2006 award year unless 

22 a State notifies the Secretary that the State no 

23 longer requires those data items for the distribu24 tion of State need-based aid. 
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1 ‘‘(B) ANNUAL REVIEW.—The Secretary shall 

2 conduct an annual review process to determine 

3 which data items the States require to award 

4 need-based State aid. 

5 ‘‘(C) ENCOURAGE USE OF FORMS.—The 

6 Secretary shall encourage States to take such 

7 steps as are necessary to encourage the use of 

8 simplified application forms, including those de9 scribed in paragraphs (2)(B) and (3)(B), for ap10 plicants who meet the requirements of subsection 

11 (b) or (c) of section 479. 

12 ‘‘(D) FEDERAL REGISTER NOTICE.—The 

13 Secretary shall publish, on an annual basis, a 

14 notice in the Federal Register requiring States to 

15 inform the Secretary— 

16 ‘‘(i) if the State plans to use the 

17 FAFSA to collect data to determine eligi18 bility for State need-based financial aid; 

19 ‘‘(ii) of the State-specific data that the 

20 State requires for delivery of State need21 based financial aid; and 

22 ‘‘(iii) if the State agency is unable to 

23 permit applicants to utilize the simplified 

24 application forms described in paragraph 

25 (2)(B) or (3)(B). 
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1 ‘‘(E) STATE NOTIFICATION TO THE SEC2 RETARY.— 

3 ‘‘(i) IN GENERAL.—Each State agency 

4 shall notify the Secretary— 

5 ‘‘(I) whether the State permits an 

6 applicant to file a form described in 

7 paragraph (2)(B) or (3)(B) for pur8 poses of determining eligibility for 

9 State need-based financial aid; and 

10 ‘‘(II) of the State-specific data 

11 that the State requires for delivery of 

12 State need-based financial aid. 

13 ‘‘(ii) ACCEPTANCE OF FORMS.—If a 

14 State does not permit an applicant to file 

15 a form described in paragraph (2)(B) or 

16 (3)(B) for purposes of determining eligi17 bility for State need-based financial aid, 

18 then the State shall notify the Secretary if 

19 it is not permitted to do so because of State 

20 law or agency policy. The notification shall 

21 include an acknowledgment that State-spe22 cific questions will not be included on a 

23 form described in paragraph (2)(B) or 

24 (3)(B). 
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1 ‘‘(iii) LACK OF NOTIFICATION BY THE

2 STATE.—If a State does not notify the Sec3 retary pursuant to clause (i), the Secretary 

4 shall— 

5 ‘‘(I) permit residents of that State 

6 to complete simplified application 

7 forms under paragraphs (2)(B) and 

8 (3)(B); and 

9 ‘‘(II) not require any resident of 

10 such State to complete any data pre11 viously required by that State under 

12 this section. 

13 ‘‘(F) RESTRICTION.—The Secretary shall 

14 not require applicants to complete any financial 

15 or non-financial data that are not required by 

16 the applicant’s State, except as may be required 

17 for applicants who use the paper forms described 

18 in subparagraphs (A) and (B) of paragraph (2). 

19 ‘‘(6) CHARGES TO STUDENTS AND PARENTS FOR

20 USE OF FORMS PROHIBITED.—The common financial 

21 reporting forms prescribed by the Secretary under 

22 this subsection shall be produced, distributed, and 

23 processed by the Secretary, and no parent or student 

24 shall be charged a fee by the Secretary, a contractor, 

25 a third-party servicer or private software provider, or 
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1 any other public or private entity for the collection, 

2 processing, or delivery of financial aid through the 

3 use of such forms. The need and eligibility of a stu4 dent for financial assistance under parts A through E 

5 (other than under subpart 4 of part A) may be deter6 mined only by using a form developed by the Sec7 retary pursuant to this subsection. No student may 

8 receive financial assistance under parts A through E 

9 (other than under subpart 4 of part A), except by use 

10 of a form developed by the Secretary pursuant to this 

11 subsection. No data collected on a paper or electronic 

12 form or other document that the Secretary determines 

13 was created to replace a form prescribed under this 

14 subsection and therefore violates the integrity of a 

15 simplified and free financial aid application process 

16 and for which a fee is charged shall be used to com17 plete the form prescribed under this subsection. No 

18 person, commercial entity, or other entity shall re19 quest, obtain, or utilize an applicant’s personal iden20 tification number assigned under paragraph (3)(F) 

21 for purposes of submitting an application on an ap22 plicant’s behalf. 

23 ‘‘(7) APPLICATION PROCESSING CYCLE.—The 

24 Secretary shall— 
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1 ‘‘(A) enable students to submit forms cre2 ated under this subsection in order to meet the 

3 filing requirements of this section and in order 

4 to receive financial assistance from programs 

5 under this title; and 

6 ‘‘(B) enable students to submit forms cre7 ated under this subsection and initiate the proc8 essing of such forms under this subsection, as 

9 early as practicable prior to January 1 of the 

10 student’s planned year of enrollment. 

11 ‘‘(8) EARLY ESTIMATES.—The Secretary shall 

12 permit an applicant to complete a form described in 

13 this subsection in the years prior to enrollment in 

14 order to obtain from the Secretary a nonbinding esti15 mate of the applicant’s expected family contribution, 

16 as defined in section 473. Such applicant shall be 

17 permitted to update information submitted on a form 

18 described in this subsection using the process required 

19 under paragraph (4). 

20 ‘‘(9) DISTRIBUTION OF DATA.—Institutions of 

21 higher education, guaranty agencies, and States shall 

22 receive, without charge, the data collected by the Sec23 retary using the form developed pursuant to this sub24 section for the purposes of processing loan applica25 tions and determining need and eligibility for institu-
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1 tional and State financial aid awards. Entities des2 ignated by institutions of higher education, guaranty 

3 agencies, or States to receive such data shall be subject 

4 to all the requirements of this section, unless such re5 quirements are waived by the Secretary. 

6 ‘‘(10) THIRD PARTY SERVICERS AND PRIVATE

7 SOFTWARE PROVIDERS.—To the extent practicable 

8 and in a timely manner, the Secretary shall provide, 

9 to private organizations and consortia that develop 

10 software used by institutions of higher education for 

11 the administration of funds under this title, all the 

12 necessary specifications that the organizations and 

13 consortia must meet for the software the organizations 

14 and consortia develop, produce, and distribute (in15 cluding any diskette, modem, or network communica16 tions) which are so used. The specifications shall con17 tain record layouts for required data. The Secretary 

18 shall develop in advance of each processing cycle an 

19 annual schedule for providing such specifications. The 

20 Secretary, to the extent practicable, shall use means 

21 of providing such specifications, including conferences 

22 and other meetings, outreach, and technical support 

23 mechanisms (such as training and printed reference 

24 materials). The Secretary shall, from time to time, so-
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1 licit from such organizations and consortia means of 

2 improving the support provided by the Secretary. 

3 ‘‘(11) PARENT’S SOCIAL SECURITY NUMBER AND

4 BIRTH DATE.—The Secretary is authorized to include 

5 on the form developed under this subsection space for 

6 the social security number and birth date of parents 

7 of dependent students seeking financial assistance 

8 under this title.’’; 

9 (2) by redesignating subsections (c) through (e) 

10 as subsections (b) through (d), respectively; 

11 (3) in subsection (c) (as redesignated by para12 graph (2)), by striking ‘‘that is authorized’’ and all 

13 that follows through the period at the end and insert14 ing ‘‘or other appropriate provider of technical assist15 ance and information on postsecondary educational 

16 services that is authorized under section 663(a) of the 

17 Individuals with Disabilities Education Act. Not 

18 later than 2 years after the date of enactment of the 

19 Higher Education Amendments of 2005, the Secretary 

20 shall test and implement, to the extent practicable, a 

21 toll-free telephone based system to permit applicants 

22 who meet the requirements of 479(c) to submit an ap23 plication over such system.’’; and 

24 (4) by striking subsection (d) (as redesignated by 

25 paragraph (2)) and inserting the following: 
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1 ‘‘(d) ASSISTANCE IN PREPARATION OF FINANCIAL AID

2 APPLICATION.— 

3 ‘‘(1) PREPARATION AUTHORIZED.—Notwith4 standing any provision of this Act, an applicant may 

5 use a preparer for consultative or preparation services 

6 for the completion of the common financial reporting 

7 forms described in subsection (a) if the preparer satis8 fies the requirements of this subsection. 

9 ‘‘(2) PREPARER IDENTIFICATION.—Any common 

10 financial reporting form required to be made under 

11 this title shall include the name, signature, address or 

12 employer’s address, social security number or em13 ployer identification number, and organizational af14 filiation of the preparer of such common financial re15 porting form. 

16 ‘‘(3) ADDITIONAL REQUIREMENTS.—A preparer 

17 that provides consultative or preparation services 

18 pursuant to this subsection shall— 

19 ‘‘(A) clearly inform individuals upon ini20 tial contact (including advertising in clear and 

21 conspicuous language on the website of the pre22 parer, including by providing a link directly to 

23 the website described in subsection (a)(3), if the 

24 preparer provides such services through a 

25 website) that the common financial reporting 
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1 forms that are required to determine eligibility 

2 for financial assistance under parts A through E 

3 (other than subpart 4 of part A) may be com4 pleted for free via paper or electronic forms pro5 vided by the Secretary; 

6 ‘‘(B) refrain from producing or dissemi7 nating any form other than the forms produced 

8 by the Secretary under subsection (a); and 

9 ‘‘(C) not charge any fee to any individual 

10 seeking such services who meets the requirements 

11 of subsection (b) or (c) of section 479. 

12 ‘‘(4) SPECIAL RULE.—Nothing in this Act shall 

13 be construed to limit preparers of the common finan14 cial reporting forms required to be made under this 

15 title who meet the requirements of this subsection 

16 from collecting source information from a student or 

17 parent, including Internal Revenue Service tax forms, 

18 in providing consultative and preparation services in 

19 completing the forms.’’. 

20 SEC. 484. STUDENT ELIGIBILITY. 

21 Section 484 (20 U.S.C. 1091) is amended— 

22 (1) in subsection (d), by adding at the end the 

23 following: 

24 ‘‘(4) The student shall be determined by the in25 stitution of higher education as having the ability to 
653 

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1 benefit from the education or training offered by the 

2 institution of higher education, upon satisfactory 

3 completion of 6 credit hours or the equivalent 

4 coursework that are applicable toward a degree or cer5 tificate offered by the institution of higher edu6 cation.’’; 

7 (2) by striking subsection (l) and inserting the 

8 following: 

9 ‘‘(l) COURSES OFFERED THROUGH DISTANCE EDU10 CATION.— 

11 ‘‘(1) RELATION TO CORRESPONDENCE

12 COURSES.— 

13 ‘‘(A) IN GENERAL.—A student enrolled in a 

14 course of instruction at an institution of higher 

15 education that is offered principally through dis16 tance education and leads to a recognized certifi17 cate, or associate, baccalaureate, or graduate de18 gree, conferred by such institution, shall not be 

19 considered to be enrolled in correspondence 

20 courses. 

21 ‘‘(B) EXCEPTION.—An institution of higher 

22 education referred to in subparagraph (A) shall 

23 not include an institution or school described in 

24 section 3(3)(C) of the Carl D. Perkins Vocational 

25 and Technical Education Act of 1998. 
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1 ‘‘(2) RESTRICTION OR REDUCTIONS OF FINAN2 CIAL AID.—A student’s eligibility to receive grants, 

3 loans, or work assistance under this title shall be re4 duced if a financial aid officer determines under the 

5 discretionary authority provided in section 479A that 

6 distance education results in a substantially reduced 

7 cost of attendance to such student. 

8 ‘‘(3) SPECIAL RULE.—For award years prior to 

9 the date of enactment of this subsection, the Secretary 

10 shall not take any compliance, disallowance, penalty, 

11 or other action against a student or an eligible insti12 tution when such action arises out of such institu13 tion’s prior award of student assistance under this 

14 title if the institution demonstrates to the satisfaction 

15 of the Secretary that its course of instruction would 

16 have been in conformance with the requirements of 

17 this subsection. 

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

19 ‘distance education’ has the meaning given the term 

20 in section 102.’’; and 

21 (3) in subsection (r)— 

22 (A) in the matter preceding the table, by in23 serting ‘‘of a controlled substance, while such stu24 dent is enrolled in an institution of higher edu-
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•S 1614 RS 

1 cation and receiving financial assistance under 

2 this title,’’ after ‘‘the possession’’; 

3 (B) in the column heading of the first table, 

4 by inserting ‘‘while the student is en5 rolled in an institution of higher edu6 cation and receiving financial assist7 ance under this title’’ after ‘‘possession 

8 of a controlled substance’’; and 

9 (C) by redesignating paragraph (3) as 

10 paragraph (4); and 

11 (D) by inserting after paragraph (2) the fol12 lowing: 

13 ‘‘(3) INTERACTION WITH FAFSA.—The Secretary 

14 shall not require a student to provide information re15 garding the student’s possession of a controlled sub16 stance on the Free Application for Federal Student 

17 Aid described in section 483(a).’’. 

18 SEC. 485. STATUTE OF LIMITATIONS AND STATE COURT 

19 JUDGMENTS. 

20 Section 484A (20 U.S.C. 1091a) is amended— 

21 (1) in subsection (b)— 

22 (A) in paragraph (1), by striking ‘‘and’’ 

23 after the semicolon; 

24 (B) in paragraph (2), by striking the period 

25 and inserting ‘‘; and’’; and 
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1 (C) by adding at the end the following: 

2 ‘‘(3) in collecting any obligation arising from a 

3 loan made under part E of this title, an institution 

4 of higher education that has an agreement with the 

5 Secretary pursuant to section 463(a) shall not be sub6 ject to a defense raised by any borrower based on a 

7 claim of infancy.’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(d) SPECIAL RULE.—This section shall not apply in 

10 the case of a student who is deceased or to a deceased stu11 dent’s estate or the estate of such student’s family. If a stu12 dent is deceased, then the student’s estate or the estate of 

13 the student’s family shall not be required to repay any fi14 nancial assistance under this title , including interest paid 

15 on the student’s behalf, collection costs, or other charges 

16 specified in this title.’’. 

17 SEC. 486. INSTITUTIONAL REFUNDS. 

18 Section 484B (20 U.S.C. 1091B) is amended— 

19 (1) in subsection (a)— 

20 (A) in the matter preceding clause (i) of 

21 paragraph (2)(A), by striking ‘‘a leave of’’ and 

22 inserting ‘‘1 or more leaves of’’; and 

23 (B) in paragraph (3)(C)(i), by striking 

24 ‘‘grant or loan assistance under this title’’ and 

25 inserting ‘‘grant assistance under subparts 1 and 
657 

•S 1614 RS 

1 3 of part A, or loan assistance under parts B, 

2 D, and E,’’; 

3 (2) in subsection (b), by adding at the end the 

4 following: 

5 ‘‘(4) TIME FRAME.—Not later than 45 days after 

6 the date of an institution’s determination that a stu7 dent withdrew from the institution, the institution 

8 shall— 

9 ‘‘(A) return the amount required under 

10 paragraph (1); 

11 ‘‘(B) notify the student of the applicable re12 quirements regarding the overpayment of grant 

13 and loan assistance and 

14 ‘‘(C) notify the student of the student’s eligi15 bility for post-withdrawal disbursements.’’; 

16 (3) in subsection (c)(2), by striking ‘‘may deter17 mine the appropriate withdrawal date.’’ and insert18 ing ‘‘may determine— 

19 (A) the appropriate withdrawal date; and 

20 ‘‘(B) that the requirements of this section do 

21 not apply to the student.’’; and 

22 (4) in subsection (d)(2), by striking ‘‘clock 

23 hours—’’ and all that follows through the period and 

24 inserting ‘‘clock hours scheduled to be completed by 
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1 the student in that period as of the day the student 

2 withdrew.’’. 

3 SEC. 487. INSTITUTIONAL AND FINANCIAL ASSISTANCE FOR 

4 STUDENTS. 

5 Section 485 (20 U.S.C. 1092) is amended— 

6 (1) in subsection (a)— 

7 (A) in paragraph (1)— 

8 (i) in subparagraph (N), by striking 

9 ‘‘and’’ after the semicolon; 

10 (ii) in subparagraph (O), by striking the period 

11 and inserting a semicolon; and 

12 (iii) by adding at the end the fol13 lowing: 

14 ‘‘(P) student body diversity at the institution, 

15 including information on the percentage of enrolled, 

16 full-time students who are— 

17 ‘‘(i) male; 

18 ‘‘(ii) female; 

19 ‘‘(iii) from a low-income background; and 

20 ‘‘(iv) a self-identified member of a major 

21 racial or ethnic group; 

22 ‘‘(Q) the placement in employment of, and 

23 types of employment obtained by, graduates of 

24 the institution’s degree or certificate programs, 

25 gathered from such sources as alumni surveys, 
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•S 1614 RS 

1 student satisfaction surveys, the National Survey 

2 of Student Engagement, the Community College 

3 Survey of Student Engagement, State data sys4 tems, or other relevant sources; and 

5 ‘‘(R) the types of graduate and professional 

6 education in which graduates of the institution’s 

7 4-year degree programs enrolled, gathered from 

8 such sources as alumni surveys, student satisfac9 tion surveys, the National Survey of Student En10 gagement, State data systems, or other relevant 

11 sources.’’; 

12 (B) by striking paragraph (4) and inserting 

13 the following: 

14 ‘‘(4) For purposes of this section, institutions 

15 may— 

16 ‘‘(A) exclude from the information disclosed 

17 in accordance with subparagraph (L) of para18 graph (1) the completion or graduation rates of 

19 students who leave school to serve in the Armed 

20 Forces, on official church missions, or with a 

21 recognized foreign aid service of the Federal Gov22 ernment; or 

23 ‘‘(B) in cases where the students described 

24 in subparagraph (A) represent 20 percent or 

25 more of the certificate- or degree-seeking, full- 
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1 time, undergraduate students at the institution, 

2 the institution may recalculate the completion or 

3 graduation rates of such students by excluding 

4 from the calculation described in paragraph (3) 

5 the time period such students were not enrolled 

6 due to their service in the Armed Forces, on offi7 cial church missions, or with a recognized for8 eign aid service of the Federal Government.’’; 

9 and 

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

11 ‘‘(7) The information disclosed under subparagraph 

12 (L) of paragraph (1), or reported under subsection (e), shall 

13 include information disaggregated by gender, by each major 

14 racial and ethnic subgroup, and by low-income background 

15 status as measured by Federal Pell Grant eligibility, if the 

16 number of students in such subgroup or with such status 

17 is sufficient to yield statistically reliable information and 

18 reporting would not reveal personally identifiable informa19 tion about an individual student. If such number is not 

20 sufficient for such purposes, then the institution shall note 

21 that the institution enrolled too few of such students to so 

22 disclose or report with confidence and confidentiality.’’; 

23 (2) in subsection (b), by adding at the end the 

24 following: 
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1 ‘‘(3) Each eligible institution shall, during the 

2 exit interview required by this subsection, provide to 

3 a borrower of a loan made under part B, D, or E a 

4 clear and conspicuous notice describing the general ef5 fects of using a consolidation loan to discharge the 

6 borrower’s student loans, including— 

7 ‘‘(A) the effects of consolidation on total in8 terest to be paid, fees to be paid, and length of 

9 repayment; 

10 ‘‘(B) the effects of consolidation on a bor11 rower’s underlying loan benefits, including loan 

12 forgiveness, cancellation, and deferment; 

13 ‘‘(C) the ability for the borrower to prepay 

14 the loan, pay on a shorter schedule, and to 

15 change repayment plans, and that borrower ben16 efit programs may vary among different loan 

17 holders; 

18 ‘‘(D) the tax benefits for which the borrower 

19 may be eligible; and 

20 ‘‘(E) the consequences of default.’’; 

21 (3) in subsection (d)(2)— 

22 (A) by inserting ‘‘grant assistance, as well 

23 as State’’ after ‘‘describing State’’; and 
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•S 1614 RS 

1 (B) by inserting ‘‘and other means, includ2 ing through the Internet’’ before the period at the 

3 end; 

4 (4) in subsection (e), by striking paragraph (3) 

5 and inserting the following: 

6 ‘‘(3) For purposes of this subsection, institutions 

7 may— 

8 ‘‘(A) exclude from the reporting require9 ments under paragraphs (1) and (2) the comple10 tion or graduation rates of students and student 

11 athletes who leave school to serve in the Armed 

12 Forces, on official church missions, or with a 

13 recognized foreign aid service of the Federal Gov14 ernment; or 

15 ‘‘(B) in cases where the students described 

16 in subparagraph (A) represent 20 percent or 

17 more of the certificate- or degree-seeking, full18 time, undergraduate students at the institution, 

19 the institution may calculate the completion or 

20 graduation rates of such students by excluding 

21 from the calculations described in paragraph (1) 

22 the time period such students were not enrolled 

23 due to their service in the Armed Forces, on offi24 cial church missions, or with a recognized for25 eign aid service of the Federal Government.’’; 
663 

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1 (5) in the matter preceding subparagraph (A) of 

2 subsection (f)(1), by inserting ‘‘, other than a foreign 

3 institution of higher education,’’ after ‘‘under this 

4 title’’; and 

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

6 ‘‘(h) TRANSFER OF CREDIT POLICIES.— 

7 ‘‘(1) DISCLOSURE.—Each institution of higher 

8 education participating in any program under this 

9 title shall publicly disclose in a readable and com10 prehensible manner the institution’s transfer of credit 

11 policies which shall include a statement of the institu12 tion’s current transfer of credit policies that includes, 

13 at a minimum— 

14 ‘‘(A) a statement that transfer of credit 

15 shall not be denied solely on the basis of the 

16 agency or association that accredited such other 

17 institution of higher education, if that agency or 

18 association is recognized by the Secretary pursu19 ant to section 496 to be a reliable authority as 

20 to the quality of the education or training of21 fered; 

22 ‘‘(B) a list of institutions of higher edu23 cation with which the institution has established 

24 an articulation agreement; and 
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1 ‘‘(C) the percentage of students at the insti2 tution who successfully transfer academic credits, 

3 updated on an annual basis. 

4 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this 

5 subsection shall be construed to— 

6 ‘‘(A) authorize an officer or employee of the 

7 Department to exercise any direction, super8 vision, or control over the curriculum, program 

9 of instruction, administration, or personnel of 

10 any institution of higher education, or over any 

11 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 of 

16 higher education to accept a transfer of credit 

17 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 (10) 

21 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 
665 

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1 (3) by redesignating paragraph (5) (as added by 

2 Public Law 101–234) as paragraph (6). 

3 SEC. 489. EARLY AWARENESS OF FINANCIAL AID ELIGI4 BILITY. 

5 Part G of title IV (20 U.S.C. 1088 et seq.) is amended 

6 by inserting after section 485C (20 U.S.C. 1092c) the fol7 lowing: 

8 ‘‘SEC. 485D. EARLY AWARENESS OF FINANCIAL AID ELIGI9 BILITY. 

10 ‘‘(a) IN GENERAL.—The Secretary shall implement, in 

11 cooperation with States, institutions of higher education, 

12 secondary schools, middle schools, early intervention and 

13 outreach programs under this title, other agencies and orga14 nizations involved in student financial assistance and col15 lege access, public libraries, community centers, employers, 

16 and businesses, a comprehensive system of early financial 

17 aid information in order to provide students and families 

18 with early information about financial aid and early esti19 mates of such students’ eligibility for financial aid from 

20 multiple sources. Such system shall include the activities 

21 described in subsections (b) and (c). 

22 ‘‘(b) COMMUNICATION OF AVAILABILITY OF AID AND

23 AID ELIGIBILITY.— 

24 ‘‘(1) STUDENTS WHO RECEIVE BENEFITS.—The 

25 Secretary shall— 
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1 ‘‘(A) make special efforts to notify students 

2 who receive or are eligible to receive benefits 

3 under Federal means-tested benefit programs (in4 cluding the school lunch program established 

5 under the Richard B. Russell National School 

6 Lunch Act (42 U.S.C. 1751 et seq.), the food 

7 stamp program under the Food Stamp Act of 

8 1977 (7 U.S.C. 2011 et seq.), and other such pro9 grams as determined by the Secretary) of such 

10 students’ potential eligibility for a maximum 

11 Federal Pell Grant under subpart 1 of part A; 

12 and 

13 ‘‘(B) disseminate such informational mate14 rials as the Secretary determines necessary. 

15 ‘‘(2) MIDDLE SCHOOL STUDENTS.—The Sec16 retary, in cooperation with States, institutions of 

17 higher education, other organizations involved in col18 lege access and student financial aid, middle schools, 

19 and programs under this title that serve middle school 

20 students, shall make special efforts to notify students 

21 and their parents of the availability of financial aid 

22 under this title and, in accordance with subsection 

23 (c), shall provide nonbinding estimates of grant and 

24 loan aid that an individual may be eligible for under 

25 this title upon completion of an application form 
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1 under section 483(a). The Secretary shall ensure that 

2 such information is as accurate as possible and that 

3 such information is provided in an age-appropriate 

4 format using dissemination mechanisms suitable for 

5 students in middle school. 

6 ‘‘(3) SECONDARY SCHOOL STUDENTS.—The Sec7 retary, in cooperation with States, institutions of 

8 higher education, other organizations involved in col9 lege access and student financial aid, secondary 

10 schools, and programs under this title that serve sec11 ondary school students, shall make special efforts to 

12 notify students in secondary school and their parents, 

13 as early as possible but not later than such students’ 

14 junior year of secondary school, of the availability of 

15 financial aid under this title and, in accordance with 

16 subsection (c), shall provide nonbinding estimates of 

17 the amounts of grant and loan aid that an individual 

18 may be eligible for under this title upon completion 

19 of an application form under section 483(a). The Sec20 retary shall ensure that such information is as accu21 rate as possible and that such information is provided 

22 in an age-appropriate format using dissemination 

23 mechanisms suitable for students in secondary school. 

24 ‘‘(4) ADULT LEARNERS.—The Secretary, in co25 operation with States, institutions of higher edu-
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1 cation, other organizations involved in college access 

2 and student financial aid, employers, workforce in3 vestment boards and public libraries, shall make spe4 cial efforts to provide individuals who would qualify 

5 as independent students, as defined in section 480(d), 

6 with information regarding the availability of finan7 cial aid under this title and, in accordance with sub8 section (c), with nonbinding estimates of the amounts 

9 of grant and loan aid that an individual may be eli10 gible for under this title upon completion of an appli11 cation form under section 483(a). The Secretary shall 

12 ensure that such information— 

13 ‘‘(A) is as accurate as possible; 

14 ‘‘(B) includes specific information regard15 ing the availability of financial aid for students 

16 qualified as independent students, as defined in 

17 section 480(d); and 

18 ‘‘(C) uses dissemination mechanisms suit19 able for adult learners. 

20 ‘‘(5) PUBLIC AWARENESS CAMPAIGN.—Not later 

21 than 2 years after the date of enactment of the Higher 

22 Education Amendments of 2005, the Secretary, in co23 ordination with States, institutions of higher edu24 cation, early intervention and outreach programs 

25 under this title, other agencies and organizations in-
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1 volved in student financial aid, local educational 

2 agencies, public libraries, community centers, busi3 nesses, employers, employment services, workforce in4 vestment boards, and movie theaters, shall implement 

5 a public awareness campaign in order to increase na6 tional awareness regarding the availability of finan7 cial aid under this title. The public awareness cam8 paign shall disseminate accurate information regard9 ing the availability of financial aid under this title 

10 and shall be implemented, to the extent practicable, 

11 using a variety of media, including print, television, 

12 radio and the Internet. The Secretary shall design 

13 and implement the public awareness campaign based 

14 upon relevant independent research and the informa15 tion and dissemination strategies found most effective 

16 in implementing paragraphs (1) through (4). 

17 ‘‘(c) AVAILABILITY OF NONBINDING ESTIMATES OF

18 FEDERAL FINANCIAL AID ELIGIBILITY.— 

19 ‘‘(1) IN GENERAL.—The Secretary, in coopera20 tion with States, institutions of higher education, and 

21 other agencies and organizations involved in student 

22 financial aid, shall provide, via a printed form and 

23 the Internet or other electronic means, the capability 

24 for individuals to determine easily, by entering rel25 evant data, nonbinding estimates of amounts of grant 
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1 and loan aid an individual may be eligible for under 

2 this title upon completion and processing of an appli3 cation and enrollment in an institution of higher edu4 cation. 

5 ‘‘(2) DATA ELEMENTS.—The Secretary, in co6 operation with States, institutions of higher edu7 cation, and other agencies and organizations involved 

8 in student financial aid, shall determine the data ele9 ments that are necessary to create a simplified form 

10 that individuals can use to obtain easily nonbinding 

11 estimates of the amounts of grant and loan aid an in12 dividual may be eligible for under this title. 

13 ‘‘(3) QUALIFICATION TO USE SIMPLIFIED APPLI14 CATION.—The capability provided under this para15 graph shall include the capability to determine wheth16 er the individual is eligible to submit a simplified ap17 plication form under paragraph (2)(B) or (3)(B) of 

18 section 483(a).’’. 

19 SEC. 490. COLLEGE ACCESS INITIATIVE. 

20 Part G of title IV (20 U.S.C. 1088 et seq.) is further 

21 amended by inserting after section 485D (as added by sec22 tion 489) the following: 

23 ‘‘SEC. 485E. COLLEGE ACCESS INITIATIVE. 

24 ‘‘(a) STATE-BY-STATE INFORMATION.—The Secretary 

25 shall direct each guaranty agency with which the Secretary 
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1 has an agreement under section 428(c) to provide to the 

2 Secretary the information necessary for the development of 

3 Internet Web links and access for students and families to 

4 a comprehensive listing of the postsecondary education op5 portunities programs, publications, Internet Web sites, and 

6 other services available in the States for which such agency 

7 serves as the designated guarantor. 

8 ‘‘(b) GUARANTY AGENCY ACTIVITIES.— 

9 ‘‘(1) PLAN AND ACTIVITY REQUIRED.—Each 

10 guaranty agency with which the Secretary has an 

11 agreement under section 428(c) shall develop a plan, 

12 and undertake the activity, necessary to gather the in13 formation required under subsection (a) and to make 

14 such information available to the public and to the 

15 Secretary in a form and manner prescribed by the 

16 Secretary. 

17 ‘‘(2) ACTIVITIES.—Each guaranty agency shall 

18 undertake such activities as are necessary to promote 

19 access to postsecondary education for students through 

20 providing information on college planning, career 

21 preparation, and paying for college. The guaranty 

22 agency shall publicize such information and coordi23 nate such activities with other entities that provide or 

24 distribute such information in the States for which 
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1 such guaranty agency serves as the designated guar2 antor. 

3 ‘‘(3) FUNDING.—The activities required by this 

4 section may be funded from the guaranty agency’s 

5 Operating Fund established pursuant to section 422B 

6 and to the extent funds remain, from earnings on the 

7 restricted account established pursuant to section 

8 422(h)(4). 

9 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in this 

10 subsection shall require a guaranty agency to dupli11 cate any efforts currently underway that meet the re12 quirements of this subsection. 

13 ‘‘(c) ACCESS TO INFORMATION.— 

14 ‘‘(1) SECRETARY’S RESPONSIBILITY.—The Sec15 retary shall ensure the availability of the information 

16 provided, by the guaranty agencies in accordance 

17 with this section, to students, parents, and other in18 terested individuals, through Web links or other meth19 ods prescribed by the Secretary. 

20 ‘‘(2) GUARANTY AGENCY RESPONSIBILITY.—The 

21 guaranty agencies shall ensure that the information 

22 required by this section is available without charge in 

23 printed format for students and parents requesting 

24 such information. 
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1 ‘‘(3) PUBLICITY.—Not later than 270 days after 

2 the date of enactment of the Higher Education 

3 Amendments Act of 2005, the Secretary and guaranty 

4 agencies shall publicize the availability of the infor5 mation required by this section, with special empha6 sis on ensuring that populations that are tradition7 ally underrepresented in postsecondary education are 

8 made aware of the availability of such information.’’. 

9 SEC. 491. PROGRAM PARTICIPATION AGREEMENTS. 

10 Section 487 (20 U.S.C. 1094) is amended— 

11 (1) in subsection (a)— 

12 (A) in paragraph (23), by adding at the 

13 end the following: 

14 ‘‘(D) An institution shall be considered in 

15 compliance with the requirements of subpara16 graph (A) for any student to whom the institu17 tion electronically transmits a message con18 taining a voter registration form acceptable for 

19 use in the State in which the institution is lo20 cated, or an Internet address where such a form 

21 can be downloaded, if such information is in an 

22 electronic message devoted solely to voter reg23 istration.’’; and 

24 (B) by adding at the end the following: 
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1 ‘‘(24) The institution will, as calculated in ac2 cordance with subsection (g)(1), have not less than 10 

3 percent of its revenues from sources other than funds 

4 provided under this title, or will be subject to the 

5 sanctions described in subsection (g)(2).’’; 

6 (2) in subsection (c)(1)(A)(i), by inserting ‘‘, ex7 cept that the Secretary may modify the requirements 

8 of this clause with regard to an institution outside the 

9 United States’’ before the semicolon at the end; 

10 (3) by redesignating subsections (d) and (e) as 

11 subsection (e) and (f), respectively; 

12 (4) by inserting after subsection (c) the fol13 lowing: 

14 ‘‘(d) INSTITUTIONAL REQUIREMENTS FOR TEACH15 OUTS.— 

16 ‘‘(1) IN GENERAL.—In the event the Secretary 

17 initiates the limitation, suspension, or termination of 

18 the participation of an institution of higher education 

19 in any program under this title under the authority 

20 of subsection (c)(1)(F) or initiates an emergency ac21 tion for termination under the authority of subsection 

22 (c)(1)(G) and its prescribed regulations, the Secretary 

23 shall require that institution to prepare a teach-out 

24 plan for submission to the institution’s accrediting 

25 agency or association in compliance with section 
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1 496(c)(4), the Secretary’s regulations on teach-out 

2 plans, and the standards of the institution’s accred3 iting agency or association. 

4 ‘‘(2) TEACH-OUT PLAN DEFINED.—In this sub5 section, the term ‘teach-out plan’ means a written 

6 plan that provides for the equitable treatment of stu7 dents if an institution of higher education ceases to 

8 operate before all students have completed their pro9 gram of study, and may include, if required by the 

10 institution’s accrediting agency or association, an 

11 agreement between institutions for such a teach-out 

12 plan.’’; and 

13 (5) by adding at the end the following: 

14 ‘‘(g) IMPLEMENTATION OF NONTITLE IV REVENUE RE15 QUIREMENT.— 

16 ‘‘(1) CALCULATION.—In carrying out subsection 

17 (a)(24), an institution shall use the cash basis of ac18 counting and count the following funds as from 

19 sources of funds other than funds provided under this 

20 title: 

21 ‘‘(A) Funds used by students from sources 

22 other than funds received under this title to pay 

23 tuition, fees, and other institutional charges to 

24 the institution, provided the institution can rea-
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1 sonably demonstrate that such funds were used 

2 for such purposes. 

3 ‘‘(B) Funds used by the institution to sat4 isfy matching-fund requirements for programs 

5 under this title. 

6 ‘‘(C) Funds used by a student from savings 

7 plans for educational expenses established by or 

8 on behalf of the student and which qualify for 

9 special tax treatment under the Internal Revenue 

10 Code of 1986. 

11 ‘‘(D) Funds paid by a student, or on behalf 

12 of a student by a party other than the institu13 tion, to the institution for an education or train14 ing program that is not eligible for funds under 

15 this title, provided that the program is approved 

16 or licensed by the appropriate State agency or 

17 an accrediting agency recognized by the Sec18 retary. 

19 ‘‘(E) Funds generated by the institution 

20 from institutional activities that are necessary 

21 for the education and training of the institu22 tion’s students, if such activities are— 

23 ‘‘(i) conducted on campus or at a facil24 ity under the control of the institution; 
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1 ‘‘(ii) performed under the supervision 

2 of a member of the institution’s faculty; and 

3 ‘‘(iii) required to be performed by all 

4 students in a specific educational program 

5 at the institution. 

6 ‘‘(F) Institutional aid, as follows: 

7 ‘‘(i) In the case of loans made by the 

8 institution, only the amount of loan repay9 ments received by the institution during the 

10 fiscal year for which the determination is 

11 made. 

12 ‘‘(ii) In the case of scholarships pro13 vided by the institution, only those scholar14 ship funds provided by the institution that 

15 are— 

16 ‘‘(I) in the form of monetary aid 

17 based upon the academic achievements 

18 or financial need of students; and 

19 ‘‘(II) disbursed during the fiscal 

20 year for which the determination is 

21 made from an established restricted ac22 count and only to the extent that the 

23 funds in that account represent des24 ignated funds from an outside source 

25 or income earned on those funds. 
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1 ‘‘(iii) In the case of tuition discounts, 

2 only those tuition discounts based upon the 

3 academic achievement or financial need of 

4 students. 

5 ‘‘(2) SANCTIONS.— 

6 ‘‘(A) FAILURE TO MEET REQUIREMENT FOR

7 1 YEAR.—In addition to such other means of en8 forcing the requirements of this title as may be 

9 available to the Secretary, if an institution fails 

10 to meet the requirements of subsection (a)(24) in 

11 any year, the Secretary may impose 1 or both of 

12 the following sanctions on the institution: 

13 ‘‘(i) Place the institution on provi14 sional certification in accordance with sec15 tion 498(h) until the institution dem16 onstrates, to the satisfaction of the Sec17 retary, that it is in compliance with sub18 section (a)(24). 

19 ‘‘(ii) Require such other increased 

20 monitoring and reporting requirements as 

21 the Secretary determines necessary until the 

22 institution demonstrates, to the satisfaction 

23 of the Secretary, that it is in compliance 

24 with subsection (a)(24). 
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1 ‘‘(B) FAILURE TO MEET REQUIREMENT FOR

2 2 YEARS.—An institution that fails to meet the 

3 requirements of subsection (a)(24) for 2 consecu4 tive years shall be ineligible to participate in the 

5 programs authorized under this title. 

6 ‘‘(3) PUBLIC AVAILABILITY OF INFORMATION.— 

7 The Secretary shall make publicly available, through 

8 the means described in subsection (b) of section 131, 

9 any institution that fails to meet the requirements of 

10 subsection (a)(24) in any year as an institution that 

11 is failing to meet the minimum non-Federal source of 

12 revenue requirements of such subsection (a)(24).’’. 

13 SEC. 492. REGULATORY RELIEF AND IMPROVEMENT. 

14 Section 487A(b) (20 U.S.C. 1094a(b)) is amended— 

15 (1) in paragraph (1)– 

16 (A) by striking ‘‘1998’’ and inserting 

17 ‘‘2005’’ ; and 

18 (B) by striking ‘‘1999’’ and inserting 

19 ‘‘2006’’; and 

20 (2) by striking the matter preceding paragraph 

21 (2)(A) and inserting the following: 

22 ‘‘(2) REPORT.—The Secretary shall review and 

23 evaluate the experience of institutions participating 

24 as experimental sites and shall, on a biennial basis, 

25 submit a report based on the review and evaluation 
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1 to the authorizing committees. Such report shall in2 clude—’’; and 

3 (3) in paragraph (3)— 

4 (A) in subparagraph (A)— 

5 (i) by striking ‘‘Upon the submission 

6 of the report required by paragraph (2), 

7 the’’ and inserting ‘‘The’’; and 

8 (ii) by inserting ‘‘periodically’’ after 

9 ‘‘authorized to’’; 

10 (B) by striking subparagraph (B); 

11 (C) by redesignating subparagraph (C) as 

12 subparagraph (B); and 

13 (D) in subparagraph (B) (as redesignated 

14 by subparagraph (C))— 

15 (i) by inserting ‘‘, including require16 ments related to the award process and dis17 bursement of student financial aid (such as 

18 innovative delivery systems for modular or 

19 compressed courses, or other innovative sys20 tems), verification of student financial aid 

21 application data, entrance and exit inter22 views, or other management procedures or 

23 processes as determined in the negotiated 

24 rulemaking process under section 492’’ after 

25 ‘‘requirements in this title’’; and 
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1 (ii) by inserting ‘‘(other than an 

2 award rule related to an experiment in 

3 modular or compressed schedules)’’ after 

4 ‘‘award rules’’; and 

5 (iii) by inserting ‘‘unless the waiver of 

6 such provisions is authorized by another 

7 provision under this title’’ before the period 

8 at the end. 

9 SEC. 493. TRANSFER OF ALLOTMENTS. 

10 Section 488 (20 U.S.C. 1095) is amended in the first 

11 sentence— 

12 (1) in paragraph (1), by striking ‘‘and’’ after the 

13 semicolon; 

14 (2) in paragraph (2), by striking ‘‘413D.’’ and 

15 inserting ‘‘413D; and’’; and 

16 (3) by adding at the end ‘‘(3) transfer 25 percent 

17 of the institution’s allotment under section 413D to 

18 the institution’s allotment under section 442.’’. 

19 SEC. 494. WAGE GARNISHMENT REQUIREMENT. 

20 Section 488A(a)(1) (20 U.S.C. 1095a(a)(1)) is amend21 ed by striking ‘‘10 percent’’ and inserting ‘‘15 percent’’. 

22 SEC. 495. PURPOSE OF ADMINISTRATIVE PAYMENTS. 

23 Section 489(b) (20 U.S.C. 1096(b)) is amended by 

24 striking ‘‘offsetting the administrative costs of’’ and insert25 ing ‘‘administering’’. 
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1 SEC. 496. ADVISORY COMMITTEE ON STUDENT FINANCIAL 

2 ASSISTANCE. 

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

4 (1) in subsection (a)(2)— 

5 (A) in subparagraph (B), by striking ‘‘and’’ 

6 after the semicolon; 

7 (B) in subparagraph (C), by striking the 

8 period and inserting a semicolon; and 

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

10 ‘‘(D) to provide knowledge and under11 standing of early intervention programs, and to 

12 make recommendations that will result in early 

13 awareness by low- and moderate-income students 

14 and families— 

15 ‘‘(i) of their eligibility for assistance 

16 under this title; and 

17 ‘‘(ii) to the extent practicable, of their 

18 eligibility for other forms of State and insti19 tutional need-based student assistance; and 

20 ‘‘(E) to make recommendations that will ex21 pand and improve partnerships among the Fed22 eral Government, States, institutions of higher 

23 education, and private entities to increase the 

24 awareness and the total amount of need-based 

25 student assistance available to low- and mod26 erate-income students.’’; 
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1 (2) in subsection (c), by adding at the end the 

2 following: 

3 ‘‘(3) The appointment of a member under subpara4 graph (A) or (B) of paragraph (1) shall be effective upon 

5 confirmation of the member by the Senate and publication 

6 of such appointment in the Congressional Record.’’. 

7 (3) in subsection (d)(6), by striking ‘‘, but noth8 ing’’ and all that follows through ‘‘or analyses’’; 

9 (4) in subsection (j)— 

10 (A) in paragraph (1)— 

11 (i) by inserting ‘‘and simplification’’ 

12 after ‘‘modernization’’ each place the term 

13 appears; and 

14 (ii) by striking ‘‘including’’ and all 

15 that follows through ‘‘Department,’’; and 

16 (B) by striking paragraphs (4) and (5) and 

17 inserting the following: 

18 ‘‘(4) conduct a review and analysis of regula19 tions in accordance with subsection (l); and 

20 ‘‘(5) conduct a study in accordance with sub21 section (m).’’; 

22 (5) in subsection (k), by striking ‘‘2004’’ and in23 serting ‘‘2010’’; and 

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

25 ‘‘(l) REVIEW AND ANALYSIS OF REGULATIONS.— 
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1 ‘‘(1) RECOMMENDATIONS.—The Advisory Com2 mittee shall make recommendations to the Secretary 

3 and Congress for consideration of future legislative 

4 action regarding redundant or outdated regulations 

5 under this title, consistent with the Secretary’s re6 quirements under section 498B. 

7 ‘‘(2) REVIEW AND ANALYSIS OF REGULATIONS.— 

8 The Advisory Committee shall conduct a review and 

9 analysis of the regulations issued under this title that 

10 are in effect at the time of the review and that apply 

11 to the operations or activities of participants in the 

12 programs assisted under this title. The review and 

13 analysis may include a determination of whether the 

14 regulation is duplicative, is no longer necessary, is 

15 inconsistent with other Federal requirements, or is 

16 overly burdensome. In conducting the review, the Ad17 visory Committee shall pay specific attention to eval18 uating ways in which regulations under this title af19 fecting institutions of higher education (other than 

20 institutions described in section 102(a)(1)(C)), that 

21 have received in each of the 2 most recent award 

22 years prior to the date of enactment of the Higher 

23 Education Amendments of 2005 less than $200,000 in 

24 funds through this title, may be improved, stream25 lined, or eliminated. 
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1 ‘‘(3) CONSULTATION.— 

2 ‘‘(A) IN GENERAL.—In carrying out the re3 view and analysis under paragraph (2), the Ad4 visory Committee shall consult with the Sec5 retary, relevant representatives of institutions of 

6 higher education, and individuals who have ex7 pertise and experience with the regulations 

8 issued under this title, in accordance with sub9 paragraph (B). 

10 ‘‘(B) REVIEW PANELS.—The Advisory Com11 mittee shall convene not less than 2 review pan12 els of representatives of the groups involved in 

13 student financial assistance programs under this 

14 title who have experience and expertise in the 

15 regulations issued under this title to review the 

16 regulations under this title, and to provide rec17 ommendations to the Advisory Committee with 

18 respect to the review and analysis under para19 graph (2). The panels shall be made up of ex20 perts in areas such as the operations of the fi21 nancial assistance programs, the institutional 

22 eligibility requirements for the financial assist23 ance programs, regulations not directly related 

24 to the operations or the institutional eligibility 

25 requirements of the financial assistance pro-
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1 grams, and regulations for dissemination of in2 formation to students about the financial assist3 ance programs. 

4 ‘‘(4) REPORTS TO CONGRESS.—The Advisory 

5 Committee shall submit, not later than 2 years after 

6 the completion of the negotiated rulemaking process 

7 required under section 492 resulting from the amend8 ments to this Act made by the Higher Education 

9 Amendments of 2005, a report to the authorizing 

10 committees and the Secretary detailing the expert 

11 panels’ findings and recommendations with respect to 

12 the review and analysis under paragraph (2). 

13 ‘‘(5) ADDITIONAL SUPPORT.—The Secretary and 

14 the Inspector General of the Department shall provide 

15 such assistance and resources to the Advisory Com16 mittee as the Secretary and Inspector General deter17 mine are necessary to conduct the review required by 

18 this subsection. 

19 ‘‘(m) STUDY OF INNOVATIVE PATHWAYS TO BACCA20 LAUREATE DEGREE ATTAINMENT.— 

21 ‘‘(1) STUDY REQUIRED.—The Advisory Com22 mittee shall conduct a study of the feasibility of in23 creasing baccalaureate degree attainment rates by re24 ducing the costs and financial barriers to attaining 

25 a baccalaureate degree through innovative programs. 
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1 ‘‘(2) SCOPE OF STUDY.—The Advisory Com2 mittee shall examine new and existing programs that 

3 promote baccalaureate degree attainment through in4 novative ways, such as dual or concurrent enrollment 

5 programs, changes made to the Federal Pell Grant 

6 program, simplification of the needs analysis process, 

7 compressed or modular scheduling, articulation agree8 ments, and programs that allow 2-year institutions of 

9 higher education to offer baccalaureate degrees. 

10 ‘‘(3) REQUIRED ASPECTS OF THE STUDY.—In 

11 performing the study described in this subsection, the 

12 Advisory Committee shall examine the following as13 pects of such innovative programs: 

14 ‘‘(A) The impact of such programs on bac15 calaureate attainment rates. 

16 ‘‘(B) The degree to which a student’s total 

17 cost of attaining a baccalaureate degree can be 

18 reduced by such programs. 

19 ‘‘(C) The ways in which low- and moderate20 income students can be specifically targeted by 

21 such programs. 

22 ‘‘(D) The ways in which nontraditional stu23 dents can be specifically targeted by such pro24 grams. 
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1 ‘‘(E) The cost-effectiveness for the Federal 

2 Government, States, and institutions of higher 

3 education to implement such programs. 

4 ‘‘(4) CONSULTATION.— 

5 ‘‘(A) IN GENERAL.—In performing the 

6 study described in this subsection the Advisory 

7 Committee shall consult with a broad range of 

8 interested parties in higher education, including 

9 parents, students, appropriate representatives of 

10 secondary schools and institutions of higher edu11 cation, appropriate State administrators, ad12 ministrators of dual enrollment programs, and 

13 appropriate officials from the Department. 

14 ‘‘(B) CONGRESSIONAL CONSULTATION.—The 

15 Advisory Committee shall consult on a regular 

16 basis with the authorizing committees in car17 rying out the study required by this section. 

18 ‘‘(5) REPORTS TO CONGRESS.— 

19 ‘‘(A) INTERIM REPORT.—The Advisory 

20 Committee shall prepare and submit to the au21 thorizing committees and the Secretary 1 in22 terim report, not later than 1 year after the date 

23 of enactment of the Higher Education Amend24 ments of 2005, describing the progress that has 

25 been made in conducting the study required by 
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1 this subsection and any preliminary findings on 

2 the topics identified under paragraph (2). 

3 ‘‘(B) FINAL REPORT.—The Advisory Com4 mittee shall, not later than 3 years after the date 

5 of enactment of the Higher Education Amend6 ments of 2005, prepare and submit to the au7 thorizing committees and the Secretary a final 

8 report on the study, including recommendations 

9 for legislative, regulatory, and administrative 

10 changes based on findings related to the topics 

11 identified under paragraph (2).’’. 

12 SEC. 497. REGIONAL MEETINGS. 

13 Section 492(a)(1) (20 U.S.C. 1098a(a)(1)) is amended 

14 by inserting ‘‘State student grant agencies,’’ after ‘‘institu15 tions of higher education,’’. 

16 SEC. 498. YEAR 2000 REQUIREMENTS AT THE DEPARTMENT. 

17 (a) REPEAL.—Section 493A (20 U.S.C. 1098c) is re18 pealed. 

19 (b) REDESIGNATION.—Section 493B (20 U.S.C. 

20 1098d) is redesignated as section 493A. 

21 PART H—PROGRAM INTEGRITY 

22 SEC. 499. RECOGNITION OF ACCREDITING AGENCY OR AS23 SOCIATION. 

24 Section 496 (200 U.S.C. 1099b) is amended— 

25 (1) in subsection (a)— 
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1 (A) by striking paragraph (4) and inserting 

2 the following: 

3 ‘‘(4)(A) such agency or association consistently 

4 applies and enforces standards that respect the stated 

5 mission of the institution of higher education, includ6 ing religious missions, and that ensure that the 

7 courses or programs of instruction, training, or study 

8 offered by the institution of higher education, includ9 ing distance education courses or programs, are of 

10 sufficient quality to achieve, for the duration of the 

11 accreditation period, the stated objective for which the 

12 courses or the programs are offered; and 

13 ‘‘(B) if such agency or association has or seeks 

14 to include within its scope of recognition the evalua15 tion of the quality of institutions or programs offering 

16 distance education, such agency or association shall, 

17 in addition to meeting the other requirements of this 

18 subpart, demonstrate to the Secretary that— 

19 ‘‘(i) the agency or association’s standards 

20 effectively address the quality of an institution’s 

21 distance education in the areas identified in sec22 tion 496(a)(5), except that the agency or associa23 tion shall not be required to have separate stand24 ards, procedures or policies for the evaluation of 

25 distance education institutions or programs in 
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1 order to meet the requirements of this subpara2 graph; and 

3 ‘‘(ii) the agency or association requires an 

4 institution that offers distance education to have 

5 processes through which the institution estab6 lishes that the student who registers in a distance 

7 education course or program is the same student 

8 who participates, completes and receives the aca9 demic credit;’’; 

10 (B) in paragraph (5), by striking subpara11 graph (A) and inserting the following: 

12 ‘‘(A) success with respect to student achieve13 ment in relation to the institution’s mission, in14 cluding— 

15 ‘‘(i) consideration of student academic 

16 achievement as determined by the institu17 tion; 

18 ‘‘(ii) student retention; 

19 ‘‘(iii) course and program completion; 

20 ‘‘(iv) as appropriate, State licensing 

21 examinations; 

22 ‘‘(v) as appropriate, job placement 

23 rates or enrollment in graduate or profes24 sional programs; and 
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1 ‘‘(vi) as appropriate, other student per2 formance information selected by the insti3 tution, particularly that information used 

4 by the institution to evaluate or strengthen 

5 its programs;’’; 

6 (C) by striking paragraph (6) and inserting 

7 the following: 

8 ‘‘(6) such an agency or association shall establish 

9 and apply review procedures throughout the accred10 iting process, including evaluation and withdrawal 

11 proceedings which comply with due process procedures 

12 that provide for— 

13 ‘‘(A) adequate specification of requirements 

14 and deficiencies at the institution of higher edu15 cation or program examined; 

16 ‘‘(B) an opportunity for a written response 

17 by any such institution to be included, prior to 

18 final action, in the evaluation and withdrawal 

19 proceedings; 

20 ‘‘(C) upon the written request of an institu21 tion, an opportunity for the institution to appeal 

22 any adverse action, including denial, with23 drawal, suspension, or termination of accredita24 tion, or placement on probation of an institu-
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1 tion, at a hearing prior to such action becoming 

2 final, before an appeals panel that— 

3 ‘‘(i) shall not include current members 

4 of the agency or association’s underlying de5 cision-making body that made the adverse 

6 decision; and 

7 ‘‘(ii) is subject to a conflict of interest 

8 policy; and 

9 ‘‘(D) the right to representation by counsel 

10 for such an institution during an appeal of the 

11 adverse action;’’; and 

12 (D) by striking paragraph (8) and insert13 ing the following: 

14 ‘‘(8) such agency or association shall make avail15 able to the public and the State licensing or author16 izing agency, and submit to the Secretary, a sum17 mary of agency or association actions, including— 

18 ‘‘(A) the award of accreditation or re19 accreditation of an institution; 

20 ‘‘(B) final denial, withdrawal, suspension, 

21 or termination of accreditation, or placement on 

22 probation of an institution, and any findings 

23 made in connection with the action taken, to24 gether with the official comments of the affected 

25 institution; and 
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1 ‘‘(C) any other adverse action taken with 

2 respect to an institution.’’; and 

3 (2) in subsection (c)— 

4 (A) in paragraph (1), by inserting ‘‘, in5 cluding those regarding distance education’’ after 

6 ‘‘their responsibilities’’; 

7 (B) by redesignating paragraphs (2) 

8 through (6) as paragraphs (5) through (9); 

9 (C) by inserting after paragraph (1) (as 

10 amended by subparagraph (A)) the following: 

11 ‘‘(2) ensures that the agency or association’s on12 site evaluation for accreditation or reaccreditation in13 cludes review of the Federally required information 

14 the institution or program provides its current and 

15 prospective students; 

16 ‘‘(3) monitors the growth of programs at institu17 tions that are experiencing significant enrollment 

18 growth; 

19 ‘‘(4) requires an institution to submit a teach20 out plan for approval to the accrediting agency upon 

21 the occurrence of any of the following events: 

22 ‘‘(A) The Department notifies the accred23 iting agency of an action against the institution 

24 pursuant to section 487(d). 
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1 ‘‘(B) The accrediting agency acts to with2 draw, terminate, or suspend the accreditation of 

3 an institution. 

4 ‘‘(C) The institution notifies the accrediting 

5 agency that the institution intends to cease oper6 ations.’’; 

7 (D) in paragraph (8) (as redesignated by 

8 subparagraph (B)), by striking ‘‘and’’ after the 

9 semicolon; 

10 (E) in subparagraph (9) (as redesignated 

11 by subparagraph (B)), by striking the period 

12 and inserting ‘‘; and’’; and 

13 (F) by adding at the end the following: 

14 ‘‘(10) confirms, as a part of the agency or asso15 ciation’s review for accreditation or reaccreditation, 

16 that the institution has transfer of credit policies— 

17 ‘‘(A) that are publicly disclosed; 

18 ‘‘(B) that do not deny transfer of credit 

19 based solely on the accreditation of the sending 

20 institution, if the agency or association accred21 iting the sending institution is recognized by the 

22 Secretary pursuant to this section; and 

23 ‘‘(C) in which acceptance or denial of trans24 fer of credit is decided according to criteria es-
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1 tablished in guidelines developed by the institu2 tion’s admissions committee.’’. 

3 SEC. 499A. ADMINISTRATIVE CAPACITY STANDARD. 

4 Section 498 (20 U.S.C. 1099c) is amended— 

5 (1) in subsection (d)(1)(B), by inserting ‘‘and’’ 

6 after the semicolon; and 

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

8 ‘‘(k) TREATMENT OF TEACH-OUTS AT ADDITIONAL LO9 CATIONS.— 

10 ‘‘(1) IN GENERAL.—A location of a closed insti11 tution of higher education shall be eligible as an addi12 tional location of an eligible institution of higher edu13 cation, as defined pursuant to regulations of the Sec14 retary, for the purposes of a teach-out, if such teach15 out has been approved by the institution’s accrediting 

16 agency. 

17 ‘‘(2) SPECIAL RULE.—An institution of higher 

18 education that conducts a teach-out through the estab19 lishment of an additional location described in para20 graph (1) shall be permitted to establish a permanent 

21 additional location at a closed institution and shall 

22 not be required— 

23 ‘‘(A) to meet the requirements of sections 

24 102(b)(1)(E) and 102(c)(1)(C) for such addi25 tional location; or 
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1 ‘‘(B) to assume the liabilities of the closed 

2 institution.’’. 

3 SEC. 499B. PROGRAM REVIEW AND DATA. 

4 Section 498A(b) (20 U.S.C. 1099c–1(b)) is amended— 

5 (1) in paragraph (4), by striking ‘‘and’’ after the 

6 semicolon; 

7 (2) in paragraph (5) by striking the period and 

8 inserting a semicolon; and 

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

10 ‘‘(6) provide to an institution of higher edu11 cation an adequate opportunity to review and re12 spond to any program review report and relevant ma13 terials related to the report before any final program 

14 review is reached; 

15 ‘‘(7) review and take into consideration an insti16 tution of higher education’s response in any final 

17 program review; and 

18 ‘‘(8) maintain and preserve at all times the con19 fidentiality of any program review report until the 

20 requirements of paragraphs (6) and (7) are met, and 

21 until a final program review is issued, other than to 

22 the extent required to comply with paragraph (5), ex23 cept that the Secretary shall promptly disclose any 

24 and all program review reports to the institution of 

25 higher education under review.’’. 
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1 TITLE V—DEVELOPING 

2 INSTITUTIONS 

3 SEC. 501. DEFINITIONS. 

4 Section 502(a) (20 U.S.C. 1101a(a)) is amended— 

5 (1) in paragraph (5)— 

6 (A) in subparagraph (A), by inserting 

7 ‘‘and’’ after the semicolon; 

8 (B) in subparagraph (B), by striking ‘‘; 

9 and’’ and inserting a period; and 

10 (C) by striking subparagraph (C); and 

11 (2) by striking paragraph (7). 

12 SEC. 502. AUTHORIZED ACTIVITIES. 

13 Section 503(b) (20 U.S.C. 1101b(b)) is amended— 

14 (1) by redesignating paragraphs (6) through (14) 

15 as paragraphs (8) through (16), respectively; 

16 (2) in paragraph (5), by inserting ‘‘, including 

17 innovative, customized remedial education and 

18 English language instruction courses designed to help 

19 retain students and move the students rapidly into 

20 core courses and through program completion’’ before 

21 the period at the end; and 

22 (3) by inserting after paragraph (5) the fol23 lowing: 
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1 ‘‘(6) Education or counseling services designed to 

2 improve the financial literacy and economic literacy 

3 of students or the students’ parents. 

4 ‘‘(7) Articulation agreements and student sup5 port programs designed to facilitate the transfer from 

6 2-year to 4-year institutions.’’. 

7 SEC. 503. DURATION OF GRANT. 

8 Section 504(a) (20 U.S.C. 1101c(a)) is amended to 

9 read as follows: 

10 ‘‘(a) AWARD PERIOD.—The Secretary may award a 

11 grant to a Hispanic-serving institution under this title for 

12 5 years.’’. 

13 SEC. 504. POSTBACCALAUREATE OPPORTUNITIES FOR HIS14 PANIC AMERICANS. 

15 (a) ESTABLISHMENT OF PROGRAM.—Title V (20 

16 U.S.C. 1101 et seq.) is amended— 

17 (1) by redesignating part B as part C; 

18 (2) by redesignating sections 511 through 518 as 

19 sections 521 through 528, respectively; and 

20 (3) by inserting after section 505 the following: 

21 ‘‘PART B—PROMOTING POSTBACCALAUREATE 

22 OPPORTUNITIES FOR HISPANIC AMERICANS 

23 ‘‘SEC. 511. PROGRAM AUTHORITY AND ELIGIBILITY. 

24 ‘‘(a) PROGRAM AUTHORIZED.—Subject to the avail25 ability of funds appropriated to carry out this part, the 
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1 Secretary shall award grants, on a competitive basis, to eli2 gible institutions to enable the eligible institutions to carry 

3 out the authorized activities described in section 512. 

4 ‘‘(b) ELIGIBILITY.—For the purposes of this part, an 

5 ‘eligible institution’ means an institution of higher edu6 cation that— 

7 ‘‘(1) is a Hispanic-serving institution (as de8 fined in section 502); and 

9 ‘‘(2) offers a postbaccalaureate certificate or de10 gree granting program. 

11 ‘‘SEC. 512. AUTHORIZED ACTIVITIES. 

12 ‘‘Grants awarded under this part shall be used for 1 

13 or more of the following activities: 

14 ‘‘(1) Purchase, rental, or lease of scientific or 

15 laboratory equipment for educational purposes, in16 cluding instructional and research purposes. 

17 ‘‘(2) Construction, maintenance, renovation, and 

18 improvement in classroom, library, laboratory, and 

19 other instructional facilities, including purchase or 

20 rental of telecommunications technology equipment or 

21 services. 

22 ‘‘(3) Purchase of library books, periodicals, tech23 nical and other scientific journals, microfilm, micro24 fiche, and other educational materials, including tele25 communications program materials. 
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1 ‘‘(4) Support for needy postbaccalaureate stu2 dents, including outreach, academic support services, 

3 mentoring, scholarships, fellowships, and other finan4 cial assistance, to permit the enrollment of such stu5 dents in postbaccalaureate certificate and degree 

6 granting programs. 

7 ‘‘(5) Support of faculty exchanges, faculty devel8 opment, faculty research, curriculum development, 

9 and academic instruction. 

10 ‘‘(6) Creating or improving facilities for Internet 

11 or other distance learning academic instruction capa12 bilities, including purchase or rental of telecommuni13 cations technology equipment or services. 

14 ‘‘(7) Collaboration with other institutions of 

15 higher education to expand postbaccalaureate certifi16 cate and degree offerings. 

17 ‘‘(8) Other activities proposed in the application 

18 submitted pursuant to section 513 that are approved 

19 by the Secretary as part of the review and acceptance 

20 of such application. 

21 ‘‘SEC. 513. APPLICATION AND DURATION. 

22 ‘‘(a) APPLICATION.—Any eligible institution may 

23 apply for a grant under this part by submitting an appli24 cation to the Secretary at such time and in such manner 

25 as the Secretary may require. Such application shall dem-
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1 onstrate how the grant funds will be used to improve 

2 postbaccalaureate education opportunities for Hispanic 

3 and low-income students and will lead to such students’ 

4 greater financial independence. 

5 ‘‘(b) DURATION.—Grants under this part shall be 

6 awarded for a period not to exceed 5 years. 

7 ‘‘(c) LIMITATION.—The Secretary may not award 

8 more than 1 grant under this part in any fiscal year to 

9 any Hispanic-serving institution.’’. 

10 SEC. 505. APPLICATIONS. 

11 Section 521(b)(1)(A) (as redesignated by section 

12 504(a)(2)) (20 U.S.C. 1103(b)(1)(A)) is amended by strik13 ing ‘‘subsection (b)’’ and inserting ‘‘subsection (c)’’. 

14 SEC. 506. COOPERATIVE ARRANGEMENTS. 

15 Section 524(a) (as redesignated by section 504(a)(2)) 

16 (20 U.S.C. 1103c(a)) is amended by striking ‘‘section 503’’ 

17 and inserting ‘‘sections 503 and 512’’. 

18 SEC. 507. AUTHORIZATION OF APPROPRIATIONS. 

19 Section 528(a) (as redesignated by section 504(a)(2)) 

20 (20 U.S.C. 1103g(a)) is amended— 

21 (1) by inserting ‘‘part A of’’ after ‘‘carry out’’; 

22 (2) by striking ‘‘$62,500,000 for fiscal year 

23 1999’’ and all that follows through the period and in24 serting ‘‘such sums as may be necessary for fiscal 

25 year 2006 and each of the 5 succeeding fiscal years.’’; 
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1 (3) by striking ‘‘(a) AUTHORIZATIONS.—There 

2 are’’ and inserting the following: 

3 ‘‘(a) AUTHORIZATIONS.— 

4 ‘‘(1) PART A.—There are’’; and 

5 (4) by adding at the end the following: 

6 ‘‘(2) PART B.—There are authorized to be appro7 priated to carry out part B of this title such sums as 

8 may be necessary for fiscal year 2006 and each of the 

9 5 succeeding fiscal years.’’. 

10 TITLE VI—INTERNATIONAL 

11 EDUCATION PROGRAMS 

12 SEC. 601. FINDINGS. 

13 Section 601 (20 U.S.C. 1121) is amended— 

14 (1) in the section heading, by striking ‘‘AND

15 PURPOSES’’ and inserting ‘‘; PURPOSES; CON16 SULTATION; SURVEY’’ 

17 (2) in subsection (a)(3), by striking ‘‘post-Cold 

18 War’’; 

19 (3) in subsection (b)(1)(D), by inserting ‘‘, in20 cluding through linkages with overseas institutions’’ 

21 before the semicolon; and 

22 (4) by adding at the end the following: 

23 ‘‘(c) CONSULTATION.—The Secretary shall, prior to re24 questing applications for funding under this title during 

25 each grant cycle, consult with and receive recommendations 
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1 regarding national need for expertise in foreign languages 

2 and world regions from the head official, or a designee of 

3 such head official, of the National Security Council, the De4 partment of Homeland Security, the Department of De5 fense, the Department of State, the Federal Bureau of Inves6 tigation, the Department of Labor, and the Department of 

7 Commerce, the Director of National Intelligence, and other 

8 relevant agencies. These entities shall provide information 

9 to the Secretary regarding how the entities utilize expertise 

10 and resources provided by grantees under this title. The Sec11 retary shall take into account such recommendations and 

12 information when requesting applications for funding 

13 under this title, and shall make available to applicants a 

14 list of areas identified as areas of national need. 

15 ‘‘(d) SURVEY.—The Secretary shall assist grantees in 

16 developing a survey to administer to students who have par17 ticipated in programs under this title to determine 

18 postparticipation placement. All grantees, where applicable, 

19 shall administer such survey not less often than annually 

20 and report such data to the Secretary.’’. 

21 SEC. 602. GRADUATE AND UNDERGRADUATE LANGUAGE 

22 AND AREA CENTERS AND PROGRAMS. 

23 Section 602 (20 U.S.C. 1122) is amended— 

24 (1) in subsection (a)— 

25 (A) in paragraph (2)— 
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1 (i) in subparagraph (G), by striking 

2 ‘‘and’’ after the semicolon; 

3 (ii) in subparagraph (H), by striking 

4 the period and inserting ‘‘; and’’; and 

5 (iii) by adding at the end the fol6 lowing: 

7 ‘‘(I) support for instructors of the less com8 monly taught languages.’’; and 

9 (B) in paragraph (4)— 

10 (i) by redesignating subparagraphs (C) 

11 through (E) as subparagraphs (D) through 

12 (F), respectively; 

13 (ii) by inserting after subparagraph 

14 (B) the following: 

15 ‘‘(C) Programs of linkage or outreach be16 tween or among— 

17 ‘‘(i) foreign language, area studies, or 

18 other international fields; and 

19 ‘‘(ii) State educational agencies or 

20 local educational agencies.’’; and 

21 (iii) in subparagraph (F) (as redesig22 nated by clause (i)), by striking ‘‘and (D)’’ 

23 and inserting ‘‘(D), and (E)’’; 

24 (2) in subsection (b)— 
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1 (A) in the subsection heading, by striking 

2 ‘‘GRADUATE’’; and 

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

4 the following: 

5 ‘‘(2) ELIGIBLE STUDENTS.—A student receiving 

6 a stipend described in paragraph (1) shall be en7 gaged— 

8 ‘‘(A) in an instructional program with stat9 ed performance goals for functional foreign lan10 guage use or in a program developing such per11 formance goals, in combination with area stud12 ies, international studies, or the international 

13 aspects of a professional studies program; and 

14 ‘‘(B)(i) in the case of an undergraduate stu15 dent, in the intermediate or advanced study of a 

16 less commonly taught language; or 

17 ‘‘(ii) in the case of a graduate student, in 

18 graduate study in connection with a program 

19 described in subparagraph (A), including— 

20 ‘‘(I) predissertation level study; 

21 ‘‘(II) preparation for dissertation re22 search; 

23 ‘‘(III) dissertation research abroad; or 

24 ‘‘(IV) dissertation writing.’’; 
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1 (3) by striking subsection (d) and inserting the 

2 following: 

3 ‘‘(d) ALLOWANCES.— 

4 ‘‘(1) GRADUATE LEVEL RECIPIENTS.—A stipend 

5 awarded to a graduate level recipient may include al6 lowances for dependents and for travel for research 

7 and study in the United States and abroad. 

8 ‘‘(2) UNDERGRADUATE LEVEL RECIPIENTS.—A 

9 stipend awarded to an undergraduate level recipient 

10 may include an allowance for educational programs 

11 in the United States or educational programs abroad 

12 that— 

13 ‘‘(A) are closely linked to the overall goals 

14 of the recipient’s course of study; and 

15 ‘‘(B) have the purpose of promoting foreign 

16 language fluency and knowledge of foreign cul17 tures.’’; and 

18 (4) by adding at the end the following: 

19 ‘‘(e) APPLICATION.—Each institution or combination 

20 of institutions desiring a grant under this section shall sub21 mit an application to the Secretary at such time, in such 

22 manner, and accompanied by such information and assur23 ances as the Secretary may require. Each application shall 

24 include an explanation of how the activities funded by the 

25 grant will reflect diverse perspectives and a wide range of 
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1 views and generate debate on world regions and inter2 national affairs. Each application shall also describe how 

3 the applicant will address disputes regarding whether ac4 tivities funded under the application reflect diverse perspec5 tives and a wide range of views. Each application shall also 

6 include a description of how the applicant will encourage 

7 government service in areas of national need as identified 

8 by the Secretary.’’. 

9 SEC. 603. UNDERGRADUATE INTERNATIONAL STUDIES AND 

10 FOREIGN LANGUAGE PROGRAMS. 

11 Section 604 (20 U.S.C. 1124) is amended— 

12 (1) in subsection (a)— 

13 (A) in paragraph (2)— 

14 (i) by redesignating subparagraphs (I) 

15 through (M) as subparagraphs (J) through 

16 (N), respectively; and 

17 (ii) by inserting after subparagraph 

18 (H) the following: 

19 ‘‘(I) providing subgrants to undergraduate 

20 students for educational programs abroad that— 

21 ‘‘(i) are closely linked to the overall 

22 goals of the program for which the grant is 

23 awarded; and 
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1 ‘‘(ii) have the purpose of promoting 

2 foreign language fluency and knowledge of 

3 foreign cultures;’’; and 

4 (B) in paragraph (7)— 

5 (i) in subparagraph (C), by striking 

6 ‘‘and’’ after the semicolon; 

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

8 the period at the end and inserting a semi9 colon; and 

10 (iii) by adding at the end the fol11 lowing: 

12 ‘‘(E) an explanation of how the activities 

13 funded by the grant will reflect diverse perspec14 tives and a wide range of views and generate de15 bate on world regions and international affairs, 

16 where applicable; 

17 ‘‘(F) a description of how the applicant will 

18 address disputes regarding whether the activities 

19 funded under the application reflect diverse per20 spectives and a wide range of views; and 

21 ‘‘(G) a description of how the applicant will 

22 encourage government service in areas of na23 tional need as identified by the Secretary.’’; and 

24 (2) in subsection (c)— 
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1 (A) by striking ‘‘FUNDING SUPPORT.—The 

2 Secretary’’ and inserting ‘‘FUNDING RULES.— 

3 ‘‘(1) THE SECRETARY.—The Secretary’’; 

4 (B) by striking ‘‘10’’ and inserting ‘‘20’’; 

5 and 

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

7 ‘‘(2) GRANTEES.—Of the total amount of grant 

8 funds awarded to a grantee under this section, the 

9 grantee may use not more than 10 percent of such 

10 funds for the activity described in subsection 

11 (a)(2)(I).’’. 

12 SEC. 604. RESEARCH; STUDIES. 

13 Section 605(a) (20 U.S.C. 1125(a)) is amended— 

14 (1) in paragraph (8), by striking ‘‘and’’ after the 

15 semicolon; 

16 (2) in paragraph (9), by striking the period and 

17 inserting a semicolon; and 

18 (3) by adding at the end the following: 

19 ‘‘(10) evaluation of the extent to which programs 

20 assisted under this title reflect diverse perspectives 

21 and a wide range of views and generate debate on 

22 world regions and international affairs; 

23 ‘‘(11) the systematic collection, analysis, and dis24 semination of data that contribute to achieving the 

25 purposes of this part; and 
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1 ‘‘(12) support for programs or activities to make 

2 data collected, analyzed, or disseminated under this 

3 section publicly available and easy to understand.’’. 

4 SEC. 605. TECHNOLOGICAL INNOVATION AND COOPERA5 TION FOR FOREIGN INFORMATION ACCESS. 

6 Section 606 (20 U.S.C. 1126) is amended— 

7 (1) in subsection (a)— 

8 (A) by striking ‘‘new electronic tech9 nologies’’ and insert ‘‘electronic technologies’’; 

10 (B) by inserting ‘‘from foreign sources’’ 

11 after ‘‘disseminate information’’; 

12 (C) by striking ‘‘AUTHORITY.—The Sec13 retary’’ and insert ‘‘AUTHORITY.— 

14 ‘‘(1) IN GENERAL.—The Secretary’’; and 

15 (D) by adding at the end the following: 

16 ‘‘(2) PARTNERSHIPS WITH NOT-FOR-PROFIT EDU17 CATIONAL ORGANIZATIONS.—The Secretary may 

18 award grants under this section to carry out the ac19 tivities authorized under this section to the following: 

20 ‘‘(A) An institution of higher education. 

21 ‘‘(B) A public or nonprofit private library. 

22 ‘‘(C) A consortium of an institution of high23 er education and 1 or more of the following: 

24 ‘‘(i) Another institution of higher edu25 cation. 
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1 ‘‘(ii) A library. 

2 ‘‘(iii) A not-for-profit educational or3 ganization.’’; 

4 (2) in subsection (b)— 

5 (A) in paragraph (1), by striking ‘‘to facili6 tate access to’’ and inserting ‘‘to acquire, facili7 tate access to,’’; 

8 (B) in paragraph (2), by inserting ‘‘or 

9 standards for’’ after ‘‘means of’’; 

10 (C) in paragraph (6), by striking ‘‘and’’ 

11 after the semicolon; 

12 (D) in paragraph (7), by striking the pe13 riod and inserting a semicolon; and 

14 (E) by adding at the end the following: 

15 ‘‘(8) to establish linkages to facilitate carrying 

16 out the activities described in this subsection be17 tween— 

18 ‘‘(A) the institutions of higher education, li19 braries, and consortia receiving grants under 

20 this section; and 

21 ‘‘(B) institutions of higher education, not22 for-profit educational organizations, and librar23 ies overseas; and 

24 ‘‘(9) to carry out other activities that the Sec25 retary determines are consistent with the purpose of 
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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 edu5 cation, 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 service 

21 and an applicant’s stated efforts to increase the num22 ber 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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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 perspectives and a 

7 wide range of views and generate debate on world regions 

8 and international affairs, where applicable. Each applica9 tion shall also describe how the applicant will address dis10 putes regarding whether the activities funded under the ap11 plication reflect diverse perspectives and a wide range of 

12 views.’’. 

13 SEC. 608. AUTHORIZATION OF APPROPRIATIONS FOR 

14 INTERNATIONAL AND FOREIGN LANGUAGE 

15 STUDIES. 

16 Section 610 (20 U.S.C. 1128b) is amended by striking 

17 ‘‘$80,000,000 for fiscal year 1999’’ and all that follows 

18 through the period and inserting ‘‘such sums as may be nec19 essary for fiscal year 2006 and each of the 5 succeeding 

20 fiscal years.’’. 

21 SEC. 609. CENTERS FOR INTERNATIONAL BUSINESS EDU22 CATION. 

23 Section 612(f) (20 U.S.C. 1130–1(f)) is amended— 

24 (1) in paragraph (3), by striking ‘‘and’’ after the 

25 semicolon; 
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•S 1614 RS 

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 perspectives and a wide 

6 range of views and generate debate on world regions 

7 and international 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 perspectives 

13 and a wide range of views on world regions and inter14 national affairs.’’. 

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 ‘‘fis21 cal years’’ and inserting ‘‘such sums as may be nec22 essary for fiscal year 2006 and each of the 5 suc23 ceeding fiscal years’’; and 

24 (2) in subsection (b), by striking ‘‘$7,000,000 for 

25 fiscal year 1999’’ and all that follows through ‘‘fiscal 
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1 years,’’ and inserting ‘‘such sums as may be necessary 

2 for fiscal year 2006 and each of the 5 succeeding fis3 cal 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 perspectives and a wide range of views on 

11 world regions and international affairs, where appli12 cable.’’; 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), the 

17 eligible’’; and 

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

19 ‘‘(2) WAIVER.—The Secretary may waive the re20 quirement of paragraph (1) for an eligible recipient 

21 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)— 
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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, and 

9 institutions, respectively, through increased col10 laboration with institutions of higher education 

11 that receive funding under this title.’’; and 

12 (2) in subsection (c)— 

13 (A) by striking paragraphs (1) and (3); 

14 (B) by redesignating paragraphs (2) and 

15 (4) as paragraphs (1) and (2), respectively; and 

16 (C) in paragraph (1) (as redesignated by 

17 subparagraph (B)), by inserting ‘‘and’’ after the 

18 semicolon. 

19 SEC. 614. STUDY ABROAD PROGRAM. 

20 Section 623(a) (20 U.S.C. 1131a(a)) is amended— 

21 (1) by striking ‘‘as defined in section 322 of this 

22 Act’’; and 

23 (2) by striking ‘‘tribally controlled Indian com24 munity colleges as defined in the Tribally Controlled 
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1 Community College Assistance Act of 1978’’ and in2 serting ‘‘tribally controlled colleges or universities’’. 

3 SEC. 615. ADVANCED DEGREE IN INTERNATIONAL RELA4 TIONS. 

5 Section 624 (20 U.S.C. 1131b) is amended— 

6 (1) in the section heading, by striking ‘‘MAS7 TERS’’ and inserting ‘‘ADVANCED’’; 

8 (2) in the first sentence, by inserting ‘‘, and in 

9 exceptional circumstances, a doctoral degree,’’ after 

10 ‘‘masters degree’’; 

11 (3) in the second sentence, by striking ‘‘masters 

12 degree’’ and inserting ‘‘advanced degree’’; and 

13 (4) in the fourth sentence, by striking ‘‘United 

14 States’’ and inserting ‘‘United States.’’. 

15 SEC. 616. INTERNSHIPS. 

16 Section 625 (20 U.S.C. 1131c) is amended— 

17 (1) in subsection (a)— 

18 (A) by striking ‘‘as defined in section 322 

19 of this Act’’; 

20 (B) by striking ‘‘tribally controlled Indian 

21 community colleges as defined in the Tribally 

22 Controlled Community College Assistance Act of 

23 1978’’ and inserting ‘‘tribally controlled colleges 

24 or universities’’; 
719 

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1 (C) by striking ‘‘an international’’ and in2 serting ‘‘international,’’; and 

3 (D) by striking ‘‘the United States Informa4 tion Agency’’ and inserting ‘‘the Department of 

5 State’’; and 

6 (2) in subsection (c)(1)— 

7 (A) in subparagraph (E), by inserting 

8 ‘‘and’’ after the semicolon; 

9 (B) in subparagraph (F), by striking ‘‘; 

10 and’’ and inserting a period; and 

11 (C) by striking subparagraph (G). 

12 SEC. 617. FINANCIAL ASSISTANCE. 

13 Part C of title VI (20 U.S.C. 1131 et seq.) is further 

14 amended— 

15 (1) by redesignating sections 626, 627, and 628 

16 as sections 627, 628, and 629, respectively; and 

17 (2) by inserting after section 625 the following: 

18 ‘‘SEC. 626. FINANCIAL ASSISTANCE. 

19 ‘‘(a) AUTHORITY.—The Institute may provide finan20 cial assistance, in the form of summer stipends described 

21 in subsection (b) and Ralph Bunche scholarship assistance 

22 described in subsection (c), to needy students to facilitate 

23 the participation of the students in the Institute’s programs 

24 under this part. 

25 ‘‘(b) SUMMER STIPENDS.— 
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1 ‘‘(1) REQUIREMENTS.—A student receiving a 

2 summer stipend under this section shall use such sti3 pend to defray the student’s cost of participation in 

4 a summer institute program funded under this part, 

5 including the costs of travel, living, and educational 

6 expenses necessary for the student’s participation in 

7 such program. 

8 ‘‘(2) AMOUNT.—A summer stipend awarded to a 

9 student under this section shall not exceed $3,000 per 

10 summer. 

11 ‘‘(c) RALPH BUNCHE SCHOLARSHIP.— 

12 ‘‘(1) REQUIREMENTS.—A student receiving a 

13 Ralph Bunche scholarship under this section— 

14 ‘‘(A) shall be a full-time student at an insti15 tution of higher education who is accepted into 

16 a program funded under this part; and 

17 ‘‘(B) shall use such scholarship to pay costs 

18 related to the cost of attendance, as defined in 

19 section 472, at the institution of higher edu20 cation in which the student is enrolled. 

21 ‘‘(2) AMOUNT AND DURATION.—A Ralph Bunche 

22 scholarship awarded to a student under this section 

23 shall not exceed $5,000 per academic year.’’. 
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•S 1614 RS 

1 SEC. 618. REPORT. 

2 Section 627 (as redesignated by section 617(1)) (20 

3 U.S.C. 1131d) is amended by striking ‘‘annually’’ and in4 serting ‘‘biennially’’. 

5 SEC. 619. GIFTS AND DONATIONS. 

6 Section 628 (as redesignated by section 617(1)) (20 

7 U.S.C. 1131e) is amended by striking ‘‘annual report de8 scribed in section 626’’ and inserting ‘‘biennial report de9 scribed in section 627’’. 

10 SEC. 620. AUTHORIZATION OF APPROPRIATIONS FOR THE 

11 INSTITUTE FOR INTERNATIONAL PUBLIC 

12 POLICY. 

13 Section 629 (as redesignated by section 617(1)) (20 

14 U.S.C. 1131f) is amended by striking ‘‘$10,000,000 for fis15 cal year 1999’’ and all that follows through the period and 

16 inserting ‘‘such sums as may be necessary for fiscal year 

17 2006 and each of the 5 succeeding fiscal years.’’. 

18 SEC. 621. DEFINITIONS. 

19 Section 631 (20 U.S.C. 1132) is amended— 

20 (1) by redesignating paragraphs (2), (3), (4), 

21 (5), (6), (7), (8), and (9), as paragraphs (8), (5), (9), 

22 (2), (11), (3), (7), and (4), respectively; 

23 (2) in paragraph (2), as redesignated by para24 graph (1), by striking ‘‘comprehensive language and 

25 area center’’ and inserting ‘‘comprehensive foreign 

26 language and area or international studies center’’; 
722 

•S 1614 RS 

1 (3) in paragraph (11), as redesignated by para2 graph (1), by striking ‘‘undergraduate language and 

3 area center’’ and inserting ‘‘undergraduate foreign 

4 language and area or international studies center’’; 

5 (4) in paragraph (3), as redesignated by para6 graph (1), by striking the first occurrence of the term 

7 ‘‘critical languages’’ and inserting ‘‘critical foreign 

8 languages’’; 

9 (5) in paragraph (7), as redesignated by para10 graph (1), by striking ‘‘and’’ after the semicolon; 

11 (6) in paragraph (4), as redesignated by para12 graph (1), by striking the period at the end and in13 serting a semicolon; 

14 (7) by inserting after paragraph (5), as redesig15 nated by paragraph (1), the following: 

16 ‘‘(6) the term ‘historically Black college and uni17 versity’ has the meaning given the term ‘part B insti18 tution’ in section 322;’’; and 

19 (8) by inserting after paragraph (9), as redesig20 nated by paragraph (1), the following: 

21 ‘‘(10) the term ‘tribally controlled college or uni22 versity’ has the meaning given the term in section 2 

23 of the Tribally Controlled College or University As24 sistance Act of 1978 (25 U.S.C. 1801); and’’. 
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1 SEC. 622. ASSESSMENT AND ENFORCEMENT. 

2 Part D of title VI (20 U.S.C. 1132) is amended by 

3 adding at the end the following: 

4 ‘‘SEC. 632. ASSESSMENT; ENFORCEMENT; RULE OF CON5 STRUCTION. 

6 ‘‘(a) IN GENERAL.—The Secretary is authorized to as7 sess and ensure compliance with all the conditions and 

8 terms of grants provided under this title. If a complaint 

9 regarding activities funded under this title is not resolved 

10 under the process outlined in the relevant grantee’s applica11 tion, and such complaint is filed with the Department, the 

12 Secretary shall be notified, and is authorized, when cir13 cumstances warrant, to immediately suspend future fund14 ing for the grant pending resolution of such dispute. Such 

15 resolution shall not exceed 60 days. The Secretary shall take 

16 the outcomes of such complaints into account when deter17 mining the renewal of grants. 

18 ‘‘(b) RULE OF CONSTRUCTION.—Nothing in this title 

19 shall be construed to authorize the Secretary to mandate, 

20 direct, or control an institution of higher education’s spe21 cific instructional content, curriculum, or program of in22 struction. 

23 ‘‘SEC. 633. EVALUATION, OUTREACH, AND INFORMATION. 

24 ‘‘The Secretary may use not more than 1 percent of 

25 the funds made available under this title to carry out pro26 gram evaluation, national outreach, and information dis-
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•S 1614 RS 

1 semination activities relating to the programs authorized 

2 under this title.’’. 

3 TITLE VII—GRADUATE AND 

4 POSTSECONDARY IMPROVE5 MENT PROGRAMS 

6 SEC. 701. PURPOSE. 

7 Section 700(1)(B)(i) (20 U.S.C. 1133(1)(B)(i)) is 

8 amended by inserting ‘‘, including those areas critical to 

9 United States national and homeland security needs such 

10 as mathematics, science, and engineering’’ before the semi11 colon at the end. 

12 SEC. 702. ALLOCATION OF JACOB K. JAVITS FELLOWSHIPS. 

13 Section 702(a)(1) (20 U.S.C. 1134a(a)(1)) is amended 

14 to read as follows: 

15 ‘‘(1) APPOINTMENT.— 

16 ‘‘(A) IN GENERAL.—The Secretary shall ap17 point a Jacob K. Javits Fellows Program Fel18 lowship Board (referred to in this subpart as the 

19 ‘Board’) consisting of 9 individuals representa20 tive of both public and private institutions of 

21 higher education who are especially qualified to 

22 serve on the Board. 

23 ‘‘(B) QUALIFICATIONS.—In making ap24 pointments under subparagraph (A), the Sec25 retary shall— 
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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 a 

6 range of disciplines in graduate education 

7 in arts, humanities, and social sciences; 

8 ‘‘(iii) appoint members to represent the 

9 various geographic regions of the United 

10 States; and 

11 ‘‘(iv) include representatives from mi12 nority institutions, as defined in section 

13 365.’’. 

14 SEC. 703. STIPENDS. 

15 Section 703(a) (20 U.S.C. 1134b(a)) is amended by 

16 striking ‘‘graduate fellowships’’ and inserting ‘‘Graduate 

17 Research Fellowship Program’’. 

18 SEC. 704. AUTHORIZATION OF APPROPRIATIONS FOR THE 

19 JACOB K. JAVITS FELLOWSHIP PROGRAM. 

20 Section 705 (20 U.S.C. 1134d) is amended by striking 

21 ‘‘$30,000,000 for fiscal year 1999’’ and all that follows 

22 through the period and inserting ‘‘such sums as may be nec23 essary for fiscal year 2006 and each of the 5 succeeding 

24 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 NEED.— 

7 After consultation with appropriate Federal and nonprofit 

8 agencies and organizations, including the National Science 

9 Foundation, the Department of Defense, the Department of 

10 Homeland Security, the National Academy of Sciences, and 

11 the Bureau of Labor Statistics, the Secretary shall designate 

12 areas of national need. In making such designations, the 

13 Secretary shall take into consideration— 

14 ‘‘(1) the extent to which the interest in the area 

15 is compelling; 

16 ‘‘(2) the extent to which other Federal programs 

17 support postbaccalaureate study in the area con18 cerned; 

19 ‘‘(3) an assessment of how the program may 

20 achieve the most significant impact with available re21 sources; and 

22 ‘‘(4) an assessment of current and future profes23 sional workforce needs of the United States.’’. 

24 SEC. 706. AWARDS TO GRADUATE STUDENTS. 

25 Section 714 (20 U.S.C. 1135c) is amended— 

26 (1) in subsection (b)— 
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•S 1614 RS 

1 (A) by striking ‘‘1999–2000’’ and inserting 

2 ‘‘2006–2007’’; and 

3 (B) by striking ‘‘graduate fellowships’’ and 

4 inserting ‘‘Graduate Research Fellowship Pro5 gram’’; and 

6 (2) in subsection (c)— 

7 (A) by striking ‘‘716(a)’’ and inserting 

8 ‘‘715(a)’’; and 

9 (B) by striking ‘‘714(b)(2)’’ and inserting 

10 ‘‘713(b)(2)’’. 

11 SEC. 707. ADDITIONAL ASSISTANCE FOR COST OF EDU12 CATION. 

13 Section 715(a)(1) (20 U.S.C. 1135d(a)(1)) is amend14 ed— 

15 (1) by striking ‘‘1999–2000’’ and inserting 

16 ‘‘2006–2007’’; and 

17 (2) by striking ‘‘1998–1999’’ and inserting 

18 ‘‘2005–2006’’. 

19 SEC. 708. AUTHORIZATION OF APPROPRIATIONS FOR THE 

20 GRADUATE ASSISTANCE IN AREAS OF NA21 TIONAL NEED PROGRAM. 

22 Section 716 (20 U.S.C. 1135e) is amended by striking 

23 ‘‘$35,000,000 for fiscal year 1999’’ and all that follows 

24 through the period and inserting ‘‘such sums as may be nec-
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•S 1614 RS 

1 essary for fiscal year 2006 and each of the 5 succeeding 

2 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 fol8 lows through the period and inserting ‘‘such sums as may 

9 be necessary for fiscal year 2006 and each of the 5 suc10 ceeding 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 insti17 tutions, programs, consortia, collaborations, and other 

18 joint efforts based on the technology of communica19 tions, including those efforts that utilize distance edu20 cation and technological advancements to educate and 

21 train postsecondary students (including health profes22 sionals serving medically underserved populations);’’; 

23 (2) in paragraph (7), by striking ‘‘and’’ after the 

24 semicolon; 
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•S 1614 RS 

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 edu5 cation, 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; 

9 ‘‘(10) the creation of consortia that join diverse 

10 institutions of higher education for the purpose of in11 tegrating curricular and co-curricular interdiscipli12 nary study; and 

13 ‘‘(11) providing support and assistance to pro14 grams implementing integrated education reform 

15 services in order to improve secondary school gradua16 tion and college attendance and completion rates for 

17 disadvantaged students.’’. 

18 SEC. 711. SPECIAL PROJECTS. 

19 Section 744(c) (20 U.S.C. 1138c) is amended to read 

20 as follows: 

21 ‘‘(c) AREAS OF NATIONAL NEED.—Areas of national 

22 need shall include, at a minimum, the following: 

23 ‘‘(1) Institutional restructuring to improve 

24 learning and promote productivity, efficiency, quality 

25 improvement, and cost and price control. 
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•S 1614 RS 

1 ‘‘(2) Improvements in academic instruction and 

2 student learning, including efforts designed to assess 

3 the learning gains made by postsecondary students. 

4 ‘‘(3) Articulation between 2- and 4-year institu5 tions of higher education, including developing inno6 vative methods for ensuring the successful transfer of 

7 students from 2- to 4-year institutions of higher edu8 cation. 

9 ‘‘(4) Development, evaluation and dissemination 

10 of model programs, including model core curricula 

11 that— 

12 ‘‘(A) provide students with a broad and in13 tegrated knowledge base; 

14 ‘‘(B) include, at a minimum, broad survey 

15 courses in English literature, American and 

16 world history, American political institutions, 

17 economics, philosophy, college-level mathematics, 

18 and the natural sciences; and 

19 ‘‘(C) include sufficient study of a foreign 

20 language to lead to reading and writing com21 petency in the foreign language. 

22 ‘‘(5) International cooperation and student ex23 changes among postsecondary educational institu24 tions.’’. 
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•S 1614 RS 

1 SEC. 712. AUTHORIZATION OF APPROPRIATIONS FOR THE 

2 FUND FOR THE IMPROVEMENT OF POSTSEC3 ONDARY EDUCATION. 

4 Section 745 (20 U.S.C. 1138d) is amended by striking 

5 ‘‘$30,000,000 for fiscal year 1999’’ and all that follows 

6 through the period and inserting ‘‘such sums as may be nec7 essary for fiscal year 2006 and each of the 5 succeeding 

8 fiscal years.’’. 

9 SEC. 713. REPEAL OF THE URBAN COMMUNITY SERVICE 

10 PROGRAM. 

11 Part C of title VII (20 U.S.C. 1139 et seq.) is repealed. 

12 SEC. 714. GRANTS AUTHORIZED FOR DEMONSTRATION 

13 PROJECTS TO ENSURE STUDENTS WITH DIS14 ABILITIES RECEIVE A QUALITY HIGHER EDU15 CATION. 

16 Section 762 (20 U.S.C. 1140a) is amended— 

17 (1) in subsection (b)— 

18 (A) in paragraph (2)— 

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

20 ‘‘to teach students with disabilities’’ and in21 serting ‘‘to teach and meet the academic 

22 and programmatic needs of students with 

23 disabilities in order to improve retention 

24 and completion of postsecondary edu25 cation’’; 
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•S 1614 RS 

1 (ii) by redesignating subparagraphs 

2 (B) and (C) as subparagraphs (C) and (F), 

3 respectively; 

4 (iii) by inserting after subparagraph 

5 (A) the following: 

6 ‘‘(B) EFFECTIVE TRANSITION PRACTICES.— 

7 The development of innovative and effective 

8 teaching methods and strategies to ensure the 

9 successful transition of students with disabilities 

10 from secondary school to postsecondary edu11 cation.’’; 

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 students 

17 with disabilities. Such research, informa18 tion, and data shall be made publicly avail19 able 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 admin-
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•S 1614 RS 

1 istrators with the ability to provide accessible 

2 distance education programs or classes that 

3 would enhance access of students with disabilities 

4 to higher education, including the use of acces5 sible curriculum and electronic communication 

6 for instruction and advisement. 

7 ‘‘(E) DISABILITY CAREER PATHWAYS.— 

8 Training and providing support to secondary 

9 and postsecondary staff to encourage interest in, 

10 enhance awareness and understanding of, pro11 vide 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, col17 lege-level coursework, and career and educational 

18 counseling.’’; and 

19 (vi) by adding at the end the following: 

20 ‘‘(G) ACCESSIBILITY OF EDUCATION.—Mak21 ing postsecondary education more accessible to 

22 students with disabilities through curriculum de23 velopment.’’; and 
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•S 1614 RS 

1 (B) in paragraph (3), by striking ‘‘subpara2 graphs (A) through (C)’’ and inserting ‘‘subpara3 graphs (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 demonstra7 tion projects authorized under this part and providing 

8 guidance and recommendations on how successful projects 

9 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 the 

19 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 and 

25 best practices of institutions of higher education with 
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•S 1614 RS 

1 demonstrated success in serving students with disabil2 ities.’’. 

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 striking 

8 ‘‘$10,000,000 for fiscal year 1999’’ and all that follows 

9 through the period and inserting ‘‘such sums as may be nec10 essary for fiscal year 2006 and each of the 5 succeeding 

11 fiscal years.’’. 

12 TITLE VIII—MISCELLANEOUS 

13 SEC. 801. MISCELLANEOUS. 

14 The Act (20 U.S.C. 1001 et seq.) is amended by adding 

15 at the end the following: 

16 ‘‘TITLE VIII—MISCELLANEOUS 

17 ‘‘PART A—MATHEMATICS AND SCIENCE 

18 SCHOLARS PROGRAM 

19 ‘‘SEC. 811. MATHEMATICS AND SCIENCE SCHOLARS PRO20 GRAM. 

21 ‘‘(a) PROGRAM AUTHORIZED.—The Secretary is au22 thorized to award grants to States, on a competitive basis, 

23 to enable the States to award eligible students, who complete 

24 a rigorous secondary school curriculum in mathematics and 

25 science, scholarships for undergraduate study. 
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•S 1614 RS 

1 ‘‘(b) ELIGIBLE STUDENTS.—A student is eligible for 

2 a scholarship under this section if the student is a full-time 

3 undergraduate student in the student’s first and second year 

4 of study who has completed a rigorous secondary school cur5 riculum in mathematics and science. 

6 ‘‘(c) RIGOROUS CURRICULUM.—Each participating 

7 State shall determine the requirements for a rigorous sec8 ondary school curriculum in mathematics and science de9 scribed in subsection (b). 

10 ‘‘(d) PRIORITY FOR SCHOLARSHIPS.—The Governor of 

11 a State may set a priority for awarding scholarships under 

12 this section for particular eligible students, such as students 

13 attending schools in high-need areas, students who are from 

14 groups underrepresented in the fields of mathematics, 

15 science, and engineering, students served by local edu16 cational agencies that do not meet or exceed State standards 

17 in mathematics and science, or students with regional or 

18 geographic needs as determined appropriate by the Gov19 ernor. 

20 ‘‘(e) AMOUNT AND DURATION OF SCHOLARSHIP.—The 

21 Secretary shall award a grant under this section— 

22 ‘‘(1) in an amount that does not exceed $1,000; 

23 and 

24 ‘‘(2) for not more than 2 years of undergraduate 

25 study. 
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•S 1614 RS 

1 ‘‘(f) MATCHING REQUIREMENT.—In order to receive a 

2 grant under this section, a State shall provide matching 

3 funds for the scholarships awarded under this section in an 

4 amount equal to 50 percent of the Federal funds received. 

5 ‘‘(g) AUTHORIZATION.—There are authorized to be ap6 propriated to carry out this section such sums as may be 

7 necessary for fiscal year 2006 and each of the 5 succeeding 

8 fiscal years. 

9 ‘‘PART B—POSTSECONDARY EDUCATION 

10 ASSESSMENT 

11 ‘‘SEC. 821. POSTSECONDARY EDUCATION ASSESSMENT. 

12 ‘‘(a) CONTRACT FOR ASSESSMENT.—The Secretary 

13 shall enter into a contract, with an independent, bipartisan 

14 organization with specific expertise in public administra15 tion and financial management, to carry out an inde16 pendent assessment of the cost factors associated with the 

17 cost of tuition at institutions of higher education. 

18 ‘‘(b) TIMEFRAME.—The Secretary shall enter into the 

19 contract described in subsection (a) not later than 90 days 

20 after the date of enactment of the Higher Education Amend21 ments of 2005. 

22 ‘‘(c) MATTERS ASSESSED.—The assessment described 

23 in subsection (a) shall— 

24 ‘‘(1) examine the key elements driving the cost 

25 factors associated with the cost of tuition at institu-
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1 tions of higher education during academic year 2000 

2 and succeeding academic years; 

3 ‘‘(2) identify and evaluate measures being used 

4 to control postsecondary education costs; 

5 ‘‘(3) identify and evaluate effective measures that 

6 may be utilized to control postsecondary education 

7 costs in the future; and 

8 ‘‘(4) identify systemic approaches to monitor fu9 ture postsecondary education cost trends and postsec10 ondary education cost control mechanisms. 

11 ‘‘PART C—JOB SKILL TRAINING IN HIGH-GROWTH 

12 OCCUPATIONS OR INDUSTRIES 

13 ‘‘SEC. 831. JOB SKILL TRAINING IN HIGH-GROWTH OCCUPA14 TIONS OR INDUSTRIES. 

15 ‘‘(a) GRANTS AUTHORIZED.—The Secretary is author16 ized to award grants, on a competitive basis, to eligible 

17 partnerships to enable the eligible partnerships to provide 

18 relevant job skill training in high-growth industries or oc19 cupations. 

20 ‘‘(b) DEFINITIONS.—In this section: 

21 ‘‘(1) ELIGIBLE PARTNERSHIP.—The term ‘eligi22 ble partnership’ means a partnership— 

23 ‘‘(A) between an institution of higher edu24 cation and a local board (as such term is defined 
739 

•S 1614 RS 

1 in section 101 of the Workforce Investment Act 

2 of 1998); or 

3 ‘‘(B) if an institution of higher education is 

4 located within a State that does not operate local 

5 boards, between the institution of higher edu6 cation and a State board (as such term is de7 fined in section 101 of the Workforce Investment 

8 Act of 1998). 

9 ‘‘(2) NONTRADITIONAL STUDENT.—The term 

10 ‘nontraditional student’ means a student who— 

11 ‘‘(A) is independent, as defined in section 

12 480(d); 

13 ‘‘(B) attends an institution of higher edu14 cation— 

15 ‘‘(i) on less than a full-time basis; 

16 ‘‘(ii) via evening, weekend, modular, or 

17 compressed courses; or 

18 ‘‘(iii) via distance learning methods; or 

19 ‘‘(C) has delayed enrollment at an institu20 tion of higher education. 

21 ‘‘(3) INSTITUTION OF HIGHER EDUCATION.—The 

22 term ‘institution of higher education’ means an insti23 tution of higher education, as defined in section 

24 101(b), that offers a 1- or 2-year program of study 

25 leading to a degree or certificate. 
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1 ‘‘(c) APPLICATION.— 

2 ‘‘(1) IN GENERAL.—Each eligible partnership 

3 that desires a grant under this section shall submit 

4 an application to the Secretary at such time, in such 

5 manner, and accompanied by such additional infor6 mation as the Secretary may require. 

7 ‘‘(2) CONTENTS.—Each application submitted 

8 under paragraph (1) shall include a description of— 

9 ‘‘(A) how the eligible partnership, through 

10 the institution of higher education, will provide 

11 relevant job skill training for students to enter 

12 high-growth occupations or industries; 

13 ‘‘(B) local high-growth occupations or in14 dustries; and 

15 ‘‘(C) the need for qualified workers to meet 

16 the local demand of high-growth occupations or 

17 industries. 

18 ‘‘(d) AWARD BASIS.—In awarding grants under this 

19 section, the Secretary shall— 

20 ‘‘(1) ensure an equitable distribution of grant 

21 funds under this section among urban and rural 

22 areas of the United States; and 

23 ‘‘(2) take into consideration the capability of the 

24 institution of higher education— 
741 

•S 1614 RS 

1 ‘‘(A) to offer relevant, high quality instruc2 tion and job skill training for students entering 

3 a high-growth occupation or industry; 

4 ‘‘(B) to involve the local business commu5 nity and to place graduates in the community in 

6 employment in high-growth occupations or in7 dustries; 

8 ‘‘(C) to provide secondary students with 

9 dual-enrollment or concurrent enrollment op10 tions; 

11 ‘‘(D) to serve nontraditional or low-income 

12 students, or adult or displaced workers; and 

13 ‘‘(E) to serve students from rural or remote 

14 communities. 

15 ‘‘(e) USE OF FUNDS.—Grant funds provided under 

16 this section may be used— 

17 ‘‘(1) to expand or create academic programs or 

18 programs of training that provide relevant job skill 

19 training for high-growth occupations or industries; 

20 ‘‘(2) to purchase equipment which will facilitate 

21 the development of academic programs or programs of 

22 training that provide training for high-growth occu23 pations or industries; 

24 ‘‘(3) to support outreach efforts that enable stu25 dents to attend institutions of higher education with 
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1 academic programs or programs of training focused 

2 on high-growth occupations or industries; 

3 ‘‘(4) to expand or create programs for distance, 

4 evening, weekend, modular, or compressed learning 

5 opportunities that provide relevant job skill training 

6 in high-growth occupations or industries; 

7 ‘‘(5) to build partnerships with local businesses 

8 in high-growth occupations or industries; 

9 ‘‘(6) to support curriculum development related 

10 to entrepreneurial training; and 

11 ‘‘(7) for other uses that the Secretary determines 

12 to be consistent with the intent of this section. 

13 ‘‘(f) REQUIREMENTS.— 

14 ‘‘(1) FISCAL AGENT.—For the purpose of this 

15 section, the institution of higher education in an eli16 gible partnership shall serve as the fiscal agent and 

17 grant recipient for the eligible partnership. 

18 ‘‘(2) DURATION.—The Secretary shall award 

19 grants under this section for periods that may not ex20 ceed 5 years. 

21 ‘‘(3) SUPPLEMENT, NOT SUPPLANT.—Funds 

22 made available under this section shall be used to 

23 supplement and not supplant other Federal, State, 

24 and local funds available to the eligible partnership 
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1 for carrying out the activities described in subsection 

2 (e). 

3 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to carry out this part 

5 such sums as may be necessary for fiscal year 2006 and 

6 each of the 5 succeeding fiscal years. 

7 ‘‘PART D—GRANT PROGRAM TO INCREASE STU8 DENT RETENTION AND PROMOTE ARTICULA9 TION AGREEMENTS 

10 ‘‘SEC. 841. GRANT PROGRAM TO INCREASE STUDENT RE11 TENTION AND PROMOTE ARTICULATION 

12 AGREEMENTS. 

13 ‘‘(a) AUTHORIZATION OF PROGRAM.—The Secretary 

14 shall award grants, on a competitive basis, to eligible insti15 tutions to enable the institutions to— 

16 ‘‘(1) focus on increasing traditional and non17 traditional student retention at such institutions; and 

18 ‘‘(2) promote articulation agreements among dif19 ferent institutions that will increase the likelihood of 

20 progression of students at such institutions to bacca21 laureate degrees. 

22 ‘‘(b) DEFINITION OF ELIGIBLE INSTITUTION.—In this 

23 section, the term ‘eligible institution’ means an institution 

24 of higher education (as defined in section 101(a)) where not 
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1 less than 40 percent of such institution’s student body re2 ceives financial aid under subpart 1 of part A of title IV. 

3 ‘‘(c) APPLICATION.—An eligible institution that de4 sires a grant under this section shall submit an application 

5 to the Secretary at such time, in such manner, and con6 taining such information as the Secretary may require, in7 cluding the number of students proposed to be served and 

8 a description of the services that will be provided. 

9 ‘‘(d) MANDATORY ACTIVITIES.—An eligible institution 

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

11 funds to carry out each of the following: 

12 ‘‘(1) Offering counseling and advisement services 

13 to help students adapt to postsecondary education and 

14 select appropriate coursework. 

15 ‘‘(2) Making mentors available to students who 

16 are at risk for not completing a degree. 

17 ‘‘(3) Providing detailed assistance to students 

18 who request help in understanding— 

19 ‘‘(A) the options for financing their edu20 cation, including information on grants, loans, 

21 and loan repayment programs; 

22 ‘‘(B) the process of applying for financial 

23 assistance; 

24 ‘‘(C) the outcome of their financial assist25 ance application; and 
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1 ‘‘(D) any unanticipated problems related to 

2 financing their education that arise. 

3 ‘‘(4) Offering tutoring to students at risk of 

4 dropping out of school with any course or subject. 

5 ‘‘(5) Designing and implementing innovative 

6 ways to improve retention in and completion of 

7 courses, such as enrolling students in cohorts, pro8 viding counseling, or creating bridge programs that 

9 customize courses to the needs of special population 

10 students. 

11 ‘‘(6) Conducting outreach activities so that all 

12 students know that these services are available and 

13 are aware of how to access the services. 

14 ‘‘(7) Creating articulation agreements to promote 

15 smooth transition from two year to four year pro16 grams. 

17 ‘‘(8) Making services listed in paragraphs (1) 

18 through (5) available in students’ native languages, if 

19 it is not English, if the percentage of students needing 

20 translation services in a specific language exceeds 5 

21 percent. 

22 ‘‘(e) PERMISSIBLE ACTIVITIES.—An eligible institu23 tion that receives a grant under this section may use grant 

24 funds to carry out any of the following activities: 
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1 ‘‘(1) Designing innovative course schedules to 

2 meet the needs of working adults, such as online, mod3 ular, compressed, or other alternative methods. 

4 ‘‘(2) Offering childcare during the hours when 

5 students have class or are studying. 

6 ‘‘(3) Providing transportation assistance to stu7 dents that helps such students manage their schedules. 

8 ‘‘(4) Partnering with local businesses to create 

9 flexible work-hour programs so that students can bal10 ance work and school. 

11 ‘‘(5) Offering time management or financial lit12 eracy seminars to help students improve their man13 agement skills. 

14 ‘‘(6) Improving professional development to align 

15 instruction with innovative program designs. 

16 ‘‘(7) Any other activities the Secretary believes 

17 will promote retention of students attending eligible 

18 institutions. 

19 ‘‘(f) TECHNICAL ASSISTANCE.—The Secretary may 

20 enter into a contract with a private entity to provide such 

21 technical assistance to grantees under this section as the 

22 Secretary determines appropriate. 

23 ‘‘(g) EVALUATION.—The Secretary shall conduct an 

24 evaluation of program impacts under the demonstration 
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1 program, and shall disseminate to the public the findings 

2 from the evaluation and information on best practices. 

3 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to carry out this and such 

5 sums as may be necessary for fiscal year 2006 and each 

6 of the 5 succeeding fiscal years. 

7 ‘‘PART E—AMERICAN HISTORY FOR FREEDOM 

8 ‘‘SEC. 851. AMERICAN HISTORY FOR FREEDOM. 

9 ‘‘(a) GRANTS AUTHORIZED.—The Secretary is author10 ized to award 3-year grants, on a competitive basis, to eligi11 ble institutions to establish or strengthen postsecondary aca12 demic programs or centers that promote and impart knowl13 edge of— 

14 ‘‘(1) traditional American history; 

15 ‘‘(2) the history and nature of, and threats to, 

16 free institutions; or 

17 ‘‘(3) the history and achievements of Western civ18 ilization. 

19 ‘‘(b) DEFINITIONS.—In this section: 

20 ‘‘(1) ELIGIBLE INSTITUTION.—The term ‘eligible 

21 institution’ means an institution of higher education 

22 as defined in section 101. 

23 ‘‘(2) FREE INSTITUTION.—The term ‘free institu24 tion’ means an institution that emerged out of West25 ern civilization, such as democracy, constitutional 
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1 government, individual rights, market economics, reli2 gious freedom and religious tolerance, and freedom of 

3 thought and inquiry. 

4 ‘‘(3) TRADITIONAL AMERICAN HISTORY.—The 

5 term ‘traditional American history’ means— 

6 ‘‘(A) the significant constitutional, political, 

7 intellectual, economic, and foreign policy trends 

8 and issues that have shaped the course of Amer9 ican history; and 

10 ‘‘(B) the key episodes, turning points, and 

11 leading figures involved in the constitutional, po12 litical, intellectual, diplomatic, and economic 

13 history of the United States. 

14 ‘‘(c) APPLICATION.— 

15 ‘‘(1) IN GENERAL.—Each eligible institution that 

16 desires a grant under this part shall submit an appli17 cation to the Secretary at such time, in such manner, 

18 and accompanied by such additional information as 

19 the Secretary may require. 

20 ‘‘(2) CONTENTS.—Each application submitted 

21 under subsection (a) shall include a description of — 

22 ‘‘(A) how funds made available under this 

23 part will be used for the activities set forth under 

24 subsection (e), including how such activities will 

25 increase knowledge with respect to traditional 
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1 American history, free institutions, or Western 

2 civilization; 

3 ‘‘(B) how the eligible institution will ensure 

4 that information about the activities funded 

5 under this part is widely disseminated pursuant 

6 to subsection (e)(1)(B); 

7 ‘‘(C) any activities to be undertaken pursu8 ant to subsection (e)(2)(A), including identifica9 tion of entities intended to participate; 

10 ‘‘(D) how funds made available under this 

11 part shall be used to supplement and not sup12 plant non-Federal funds available for the activi13 ties described in subsection (e); and 

14 ‘‘(E) such fiscal controls and accounting 

15 procedures as may be necessary to ensure proper 

16 disbursement of and accounting for funding 

17 made available to the eligible institution under 

18 this part. 

19 ‘‘(d) AWARD BASIS.—In awarding grants under this 

20 part, the Secretary shall take into consideration the capa21 bility of the eligible institution to— 

22 ‘‘(1) increase access to quality programming that 

23 expands knowledge of traditional American history, 

24 free institutions, or Western civilization; 
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1 ‘‘(2) involve personnel with strong expertise in 

2 traditional American history, free institutions, or 

3 Western civilization; and 

4 ‘‘(3) sustain the activities funded under this part 

5 after the grant has expired. 

6 ‘‘(e) USE OF FUNDS.— 

7 ‘‘(1) REQUIRED USE OF FUNDS.—Funds pro8 vided under this part shall be used to— 

9 ‘‘(A) establish or strengthen academic pro10 grams or centers focused on traditional Amer11 ican history, free institutions, or Western civili12 zation, which may include— 

13 ‘‘(i) design and implementation of pro14 grams of study, courses, lecture series, semi15 nars, and symposia; 

16 ‘‘(ii) development, publication, and 

17 dissemination of instructional materials; 

18 ‘‘(iii) research; 

19 ‘‘(iv) support for faculty teaching in 

20 undergraduate and, if applicable, graduate 

21 programs; 

22 ‘‘(v) support for graduate and post23 graduate fellowships, if applicable; or 

24 ‘‘(vi) teacher preparation initiatives 

25 that stress content mastery regarding tradi-
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1 tional American history, free institutions, 

2 or Western civilization; and 

3 ‘‘(B) conduct outreach activities to ensure 

4 that information about the activities funded 

5 under this part is widely disseminated— 

6 ‘‘(i) to undergraduate students (includ7 ing students enrolled in teacher education 

8 programs, if applicable); 

9 ‘‘(ii) to graduate students (including 

10 students enrolled in teacher education pro11 grams), if applicable; 

12 ‘‘(iii) to faculty; 

13 ‘‘(iv) to local educational agencies; and 

14 ‘‘(v) within the local community. 

15 ‘‘(2) ALLOWABLE USES OF FUNDS.—Funds pro16 vided under this part may be used to support— 

17 ‘‘(A) collaboration with entities such as— 

18 ‘‘(i) local educational agencies, for the 

19 purpose of providing elementary, middle 

20 and secondary school teachers an oppor21 tunity to enhance their knowledge of tradi22 tional American history, free institutions, 

23 or Western civilization; and 

24 ‘‘(ii) nonprofit organizations whose 

25 mission is consistent with the purpose of 
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1 this part, such as academic organizations, 

2 museums, and libraries, for assistance in 

3 carrying out activities described under sub4 section (a); and 

5 ‘‘(B) other activities that meet the purposes 

6 of this part. 

7 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—For the 

8 purpose of carrying out this part, there are authorized to 

9 be appropriated such sums as may be necessary for fiscal 

10 year 2006 and each of the 5 succeeding fiscal years. 

11 ‘‘PART F—TEACH FOR AMERICA 

12 ‘‘SEC. 861. TEACH FOR AMERICA. 

13 ‘‘(a) DEFINITIONS.— 

14 ‘‘(1) IN GENERAL.—The terms ‘highly qualified’, 

15 ‘local educational agency’, and ‘Secretary’ have the 

16 meanings given the terms in section 9101 of the Ele17 mentary and Secondary Education Act of 1965 (20 

18 U.S.C. 7801). 

19 ‘‘(2) GRANTEE.—The term ‘grantee’ means Teach 

20 For America, Inc. 

21 ‘‘(3) HIGH NEED.—The term ‘high need’, when 

22 used with respect to a local educational agency, 

23 means a local educational agency experiencing a 

24 shortage of highly qualified teachers. 
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1 ‘‘(b) GRANTS AUTHORIZED.—The Secretary is author2 ized to award a grant to Teach For America, Inc., the na3 tional teacher corps of outstanding recent college graduates 

4 who commit to teach for 2 years in underserved commu5 nities in the United States, to implement and expand its 

6 program of recruiting, selecting, training, and supporting 

7 new teachers. 

8 ‘‘(c) REQUIREMENTS.—In carrying out the grant pro9 gram under subsection (b), the Secretary shall enter into 

10 an agreement with the grantee under which the grantee 

11 agrees to use the grant funds provided under this section— 

12 ‘‘(1) to provide highly qualified teachers to high 

13 need local educational agencies in urban and rural 

14 communities; 

15 ‘‘(2) to pay the cost of recruiting, selecting, 

16 training, and supporting new teachers; and 

17 ‘‘(3) to serve a substantial number and percent18 age of underserved students. 

19 ‘‘(d) AUTHORIZED ACTIVITIES.— 

20 ‘‘(1) IN GENERAL.—Grant funds provided under 

21 this section shall be used by the grantee to carry out 

22 each of the following activities: 

23 ‘‘(A) Recruiting and selecting teachers 

24 through a highly selective national process. 
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1 ‘‘(B) Providing preservice training to the 

2 teachers through a rigorous summer institute 

3 that includes hands-on teaching experience and 

4 significant exposure to education coursework and 

5 theory. 

6 ‘‘(C) Placing the teachers in schools and po7 sitions designated by partner local educational 

8 agencies as high need placements serving under9 served students. 

10 ‘‘(D) Providing ongoing professional devel11 opment activities for the teachers’ first 2 years 

12 in the classroom, including regular classroom ob13 servations and feedback, and ongoing training 

14 and support. 

15 ‘‘(2) LIMITATION.—The grantee shall use all 

16 grant funds received under this section to support ac17 tivities related directly to the recruitment, selection, 

18 training, and support of teachers as described in sub19 section (a). 

20 ‘‘(e) REPORTS AND EVALUATIONS.— 

21 ‘‘(1) ANNUAL REPORT.—The grantee shall pro22 vide to the Secretary an annual report that in23 cludes— 
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1 ‘‘(A) data on the number and quality of the 

2 teachers provided to local educational agencies 

3 through a grant under this section; 

4 ‘‘(B) an externally conducted analysis of the 

5 satisfaction of local educational agencies and 

6 principals with the teachers so provided; and 

7 ‘‘(C) comprehensive data on the background 

8 of the teachers chosen, the training the teachers 

9 received, the placement sites of the teachers, the 

10 professional development of the teachers, and the 

11 retention of the teachers. 

12 ‘‘(2) STUDY.— 

13 ‘‘(A) IN GENERAL.—From funds appro14 priated under subsection (f), the Secretary shall 

15 provide for a study that examines the achieve16 ment levels of the students taught by the teachers 

17 assisted under this section. 

18 ‘‘(B) ACHIEVEMENT GAINS COMPARED.— 

19 The study shall compare, within the same 

20 schools, the achievement gains made by students 

21 taught by teachers who are assisted under this 

22 section with the achievement gains made by stu23 dents taught by teachers who are not assisted 

24 under this section. 
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1 ‘‘(3) REQUIREMENTS.—The Secretary shall pro2 vide for such a study not less than once every 3 years, 

3 and each such study shall include multiple placement 

4 sites and multiple schools within placement sites. 

5 ‘‘(4) PEER REVIEW STANDARDS.—Each such 

6 study shall meet the peer review standards of the edu7 cation research community. 

8 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 

9 ‘‘(1) IN GENERAL.—There are authorized to be 

10 appropriated to carry out this section such sums as 

11 may be necessary for fiscal year 2006 and each of the 

12 5 succeeding fiscal years. 

13 ‘‘(2) LIMITATION.—The grantee shall not use 

14 more than 25 percent of Federal funds from any 

15 source for administrative costs. 

16 ‘‘PART G—PATSY T. MINK FELLOWSHIP PROGRAM 

17 ‘‘SEC. 871. PATSY T. MINK FELLOWSHIP PROGRAM. 

18 ‘‘(a) PURPOSE.— 

19 ‘‘(1) IN GENERAL.—It is the purpose of this sec20 tion to provide, through eligible institutions, a pro21 gram of fellowship awards to assist highly qualified 

22 minorities and women to acquire the doctoral degree, 

23 or highest possible degree available, in academic areas 

24 in which such individuals are underrepresented for 
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1 the purpose of enabling such individuals to enter the 

2 higher education professoriate. 

3 ‘‘(2) DESIGNATION.—Each recipient of a fellow4 ship award from an eligible institution receiving a 

5 grant under this section shall be known as a ‘Patsy 

6 T. Mink Graduate Fellow’. 

7 ‘‘(b) DEFINITIONS.—In this section, the term ‘eligible 

8 institution’ means an institution of higher education, or a 

9 consortium of such institutions, that offers a program of 

10 postbaccalaureate study leading to a graduate degree. 

11 ‘‘(c) PROGRAM AUTHORIZED.— 

12 ‘‘(1) GRANTS BY SECRETARY.— 

13 ‘‘(A) IN GENERAL.—The Secretary shall 

14 award grants to eligible institutions to enable 

15 such institutions to make fellowship awards to 

16 individuals in accordance with the provisions of 

17 this section. 

18 ‘‘(B) PRIORITY CONSIDERATION.—In 

19 awarding grants under this section, the Sec20 retary shall consider the eligible institution’s 

21 prior experience in producing doctoral degree, or 

22 highest possible degree available, holders who are 

23 minorities and women, and shall give priority 

24 consideration in making grants under this sec25 tion to those eligible institutions with a dem-
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1 onstrated record of producing minorities and 

2 women who have earned such degrees. 

3 ‘‘(2) APPLICATIONS.— 

4 ‘‘(A) IN GENERAL.—An eligible institution 

5 that desires a grant under this section shall sub6 mit an application to the Secretary at such time, 

7 in such manner, and containing such informa8 tion as the Secretary may require. 

9 ‘‘(B) APPLICATIONS MADE ON BEHALF.— 

10 ‘‘(i) IN GENERAL.—The following enti11 ties may submit an application on behalf of 

12 an eligible institution: 

13 ‘‘(I) A graduate school or depart14 ment of such institution. 

15 ‘‘(II) A graduate school or depart16 ment of such institution in collabora17 tion with an undergraduate college or 

18 university of such institution. 

19 ‘‘(III) An organizational unit 

20 within such institution that offers a 

21 program of postbaccalaureate study 

22 leading to a graduate degree, including 

23 an interdisciplinary or an interdepart24 mental program. 
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1 ‘‘(IV) A nonprofit organization 

2 with a demonstrated record of helping 

3 minorities and women earn 

4 postbaccalaureate degrees. 

5 ‘‘(ii) NONPROFIT ORGANIZATIONS.— 

6 Nothing in this paragraph shall be con7 strued to permit the Secretary to award a 

8 grant under this section to an entity other 

9 than an eligible institution. 

10 ‘‘(3) SELECTION OF APPLICATIONS.—In award11 ing grants under subsection (a), the Secretary shall— 

12 ‘‘(A) take into account— 

13 ‘‘(i) the number and distribution of 

14 minority and female faculty nationally; 

15 ‘‘(ii) the current and projected need for 

16 highly trained individuals in all areas of 

17 the higher education professoriate; and 

18 ‘‘(iii) the present and projected need 

19 for highly trained individuals in academic 

20 career fields in which minorities and 

21 women are underrepresented in the higher 

22 education professoriate; and 

23 ‘‘(B) consider the need to prepare a large 

24 number of minorities and women generally in 

25 academic career fields of high national priority, 
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1 especially in areas in which such individuals are 

2 traditionally underrepresented in college and 

3 university faculties, such as mathematics, 

4 science, technology, and engineering. 

5 ‘‘(4) DISTRIBUTION AND AMOUNTS OF GRANTS.— 

6 ‘‘(A) EQUITABLE DISTRIBUTION.—In 

7 awarding grants under this section, the Sec8 retary shall, to the maximum extent feasible, en9 sure an equitable geographic distribution of 

10 awards and an equitable distribution among 

11 public and independent eligible institutions that 

12 apply for grants under this section and that 

13 demonstrate an ability to achieve the purpose of 

14 this section. 

15 ‘‘(B) SPECIAL RULE.—To the maximum ex16 tent practicable, the Secretary shall use not less 

17 than 30 percent of the amount appropriated pur18 suant to subsection (f) to award grants to eligible 

19 institutions that— 

20 ‘‘(i) are eligible for assistance under 

21 title III or title V; or 

22 ‘‘(ii) have formed a consortium that 

23 includes both non-minority serving institu24 tions and minority serving institutions. 
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1 ‘‘(C) ALLOCATION.—In awarding grants 

2 under this section, the Secretary shall allocate 

3 appropriate funds to those eligible institutions 

4 whose applications indicate an ability to signifi5 cantly increase the numbers of minorities and 

6 women entering the higher education professo7 riate and that commit institutional resources to 

8 the attainment of the purpose of this section. 

9 ‘‘(D) NUMBER OF FELLOWSHIP AWARDS.— 

10 An eligible institution that receives a grant 

11 under this section shall make not less than 15 

12 fellowship awards. 

13 ‘‘(E) REALLOTMENT.—If the Secretary de14 termines that an eligible institution awarded a 

15 grant under this section is unable to use all of 

16 the grant funds awarded to the institution, the 

17 Secretary shall reallot, on such date during each 

18 fiscal year as the Secretary may fix, the unused 

19 funds to other eligible institutions that dem20 onstrate that such institutions can use any re21 allocated grant funds to make fellowship awards 

22 to individuals under this section. 

23 ‘‘(5) INSTITUTIONAL ALLOWANCE.— 

24 ‘‘(A) IN GENERAL.— 
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1 ‘‘(i) NUMBER OF ALLOWANCES.—In 

2 awarding grants under this section, the Sec3 retary shall pay to each eligible institution 

4 awarded a grant, for each individual 

5 awarded a fellowship by such institution 

6 under this section, an institutional allow7 ance. 

8 ‘‘(ii) AMOUNT.—Except as provided in 

9 paragraph (3), an institutional allowance 

10 shall be in an amount equal to, for aca11 demic year 2006-2007 and succeeding aca12 demic years, the amount of institutional al13 lowance made to an institution of higher 

14 education under section 715 for such aca15 demic year. 

16 ‘‘(B) USE OF FUNDS.—Institutional allow17 ances may be expended in the discretion of the 

18 eligible institution and may be used to provide, 

19 except as prohibited under paragraph (4), aca20 demic support and career transition services for 

21 individuals awarded fellowships by such institu22 tion. 

23 ‘‘(C) REDUCTION.—The institutional allow24 ance paid under paragraph (1) shall be reduced 

25 by the amount the eligible institution charges 
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1 and collects from a fellowship recipient for tui2 tion and other expenses as part of the recipient’s 

3 instructional program. 

4 ‘‘(D) USE FOR OVERHEAD PROHIBITED.— 

5 Funds made available under this section may 

6 not be used for general operational overhead of 

7 the academic department or institution receiving 

8 funds under this section. 

9 ‘‘(d) FELLOWSHIP RECIPIENTS.— 

10 ‘‘(1) AUTHORIZATION.—An eligible institution 

11 that receives a grant under this section shall use the 

12 grant funds to make fellowship awards to minorities 

13 and women who are enrolled at such institution in a 

14 doctoral degree, or highest possible degree available, 

15 program and— 

16 ‘‘(A) intend to pursue a career in instruc17 tion at— 

18 ‘‘(i) an institution of higher education 

19 (as the term is defined in section 101); 

20 ‘‘(ii) an institution of higher education 

21 (as the term is defined in section 

22 102(a)(1)); 

23 ‘‘(iii) an institution of higher edu24 cation outside the United States (as the 

25 term is described in section 102(a)(2)); or 
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1 ‘‘(iv) a proprietary institution of high2 er education (as the term is defined in sec3 tion 102(b)); and 

4 ‘‘(B) sign an agreement with the Secretary 

5 agreeing— 

6 ‘‘(i) to begin employment at an insti7 tution described in paragraph (1) not later 

8 than 3 years after receiving the doctoral de9 gree or highest possible degree available, 

10 which 3-year period may be extended by the 

11 Secretary for extraordinary circumstances; 

12 and 

13 ‘‘(ii) to be employed by such institu14 tion for 1 year for each year of fellowship 

15 assistance received under this section. 

16 ‘‘(2) FAILURE TO COMPLY.—If an individual 

17 who receives a fellowship award under this section 

18 fails to comply with the agreement signed pursuant to 

19 subsection (a)(2), then the Secretary shall do 1 or 

20 both of the following: 

21 ‘‘(A) Require the individual to repay all or 

22 the applicable portion of the total fellowship 

23 amount awarded to the individual by converting 

24 the balance due to a loan at the interest rate ap25 plicable to loans made under part B of title IV. 
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1 ‘‘(B) Impose a fine or penalty in an 

2 amount to be determined by the Secretary. 

3 ‘‘(3) WAIVER AND MODIFICATION.— 

4 ‘‘(A) REGULATIONS.—The Secretary shall 

5 promulgate regulations setting forth criteria to 

6 be considered in granting a waiver for the serv7 ice requirement under subsection (a)(2). 

8 ‘‘(B) CONTENT.—The criteria under para9 graph (1) shall include whether compliance with 

10 the service requirement by the fellowship recipi11 ent would be— 

12 ‘‘(i) inequitable and represent an ex13 traordinary hardship; or 

14 ‘‘(ii) deemed impossible because the in15 dividual is permanently and totally dis16 abled at the time of the waiver request. 

17 ‘‘(4) AMOUNT OF FELLOWSHIP AWARDS.—Fellow18 ship awards under this section shall consist of a sti19 pend in an amount equal to the level of support pro20 vided to the National Science Foundation graduate 

21 fellows, except that such stipend shall be adjusted as 

22 necessary so as not to exceed the fellow’s tuition and 

23 fees or demonstrated need (as determined by the insti24 tution of higher education where the graduate student 

25 is enrolled), whichever is greater. 
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1 ‘‘(5) ACADEMIC PROGRESS REQUIRED.—An indi2 vidual student shall not be eligible to receive a fellow3 ship award— 

4 ‘‘(A) except during periods in which such 

5 student is enrolled, and such student is main6 taining satisfactory academic progress in, and 

7 devoting essentially full time to, study or re8 search in the pursuit of the degree for which the 

9 fellowship support was awarded; and 

10 ‘‘(B) if the student is engaged in gainful 

11 employment, other than part-time employment 

12 in teaching, research, or similar activity deter13 mined by the eligible institution to be consistent 

14 with and supportive of the student’s progress to15 ward the appropriate degree. 

16 ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec17 tion shall be construed to require an eligible institution that 

18 receives a grant under this section— 

19 ‘‘(1) to grant a preference or to differentially 

20 treat any applicant for a faculty position as a result 

21 of the institution’s participation in the program 

22 under this section; or 

23 ‘‘(2) to hire a Patsy T. Mink Fellow who com24 pletes this program and seeks employment at such in25 stitution. 
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1 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section such 

3 sums as may be necessary for fiscal year 2006 for each of 

4 the 5 succeeding fiscal years. 

5 ‘‘PART H—STUDY ON COLLEGE ENROLLMENT BY 

6 SECONDARY SCHOOLS 

7 ‘‘SEC. 881. STUDY ON COLLEGE ENROLLMENT BY SEC8 ONDARY SCHOOLS. 

9 ‘‘The Secretary shall contract with a not-for-profit or10 ganization, with demonstrated expertise in increasing col11 lege enrollment rates in low-income communities nation12 wide, to make publicly available year-to-year college enroll13 ment rate trends by secondary schools, in full compliance 

14 with the Family Educational Rights and Privacy Act of 

15 1974 (FERPA).’’. 

16 TITLE IX—AMENDMENTS TO 

17 OTHER LAWS 

18 PART A—EDUCATION OF THE DEAF ACT OF 1986 

19 SEC. 901. LAURENT CLERC NATIONAL DEAF EDUCATION 

20 CENTER. 

21 Section 104 of the Education of the Deaf Act of 1986 

22 (20 U.S.C. 4304) is amended— 

23 (1) by striking the heading and inserting 

24 ‘‘LAURENT CLERC NATIONAL DEAF EDUCATION

25 CENTER’’; 
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1 (2) in subsection (a)(1)(A), by inserting ‘‘the 

2 Laurent Clerc National Deaf Education Center (re3 ferred to in this section as the ‘Clerc Center’) to carry 

4 out’’ after ‘‘maintain and operate’’; and 

5 (3) in subsection (b)— 

6 (A) in the matter preceding subparagraph 

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

8 and secondary education programs’’ and insert9 ing ‘‘Clerc Center’’; 

10 (B) in paragraph (2), by striking ‘‘elemen11 tary and secondary education programs’’ and 

12 inserting ‘‘Clerc Center’’; and 

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

14 ‘‘(5) The University, for purposes of the elementary 

15 and secondary education programs carried out at the Clerc 

16 Center, shall— 

17 ‘‘(A)(i) select challenging academic content 

18 standards, challenging student academic achievement 

19 standards, and academic assessments of a State, 

20 adopted and implemented, as appropriate, pursuant 

21 to paragraphs (1) and (3) of section 1111(b) of the 

22 Elementary and Secondary Education Act of 1965 

23 (20 U.S.C. 6311(b)(1) and (3)) and approved by the 

24 Secretary; and 
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1 ‘‘(ii) implement such standards and assessments 

2 for such programs by not later than the beginning of 

3 the 2008–2009 academic year; 

4 ‘‘(B) annually determine whether such programs 

5 at the Clerc Center are making adequate yearly 

6 progress, as determined according to the definition of 

7 adequate yearly progress defined (pursuant to section 

8 1111(b)(2)(C) of such Act (20 U.S.C. 6311(b)(2)(C))) 

9 by the State that has adopted and implemented the 

10 standards and assessments selected under subpara11 graph (A)(i); and 

12 ‘‘(C) publicly report the results of the academic 

13 assessments implemented under subparagraph (A) 

14 and whether the programs at the Clerc Center are 

15 making adequate yearly progress, as determined 

16 under subparagraph (B).’’. 

17 SEC. 902. AGREEMENT WITH GALLAUDET UNIVERSITY. 

18 Section 105(b)(4) of the Education of the Deaf Act of 

19 1986 (20 U.S.C. 4305(b)(4)) is amended— 

20 (1) by striking ‘‘the Act of March 3, 1931 (40 

21 U.S.C. 276a–276a–5) commonly referred to as the 

22 Davis-Bacon Act’’ and inserting ‘‘subchapter IV of 

23 chapter 31 of title 40, United States Code, commonly 

24 referred to as the Davis-Bacon Act’’; and 
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1 (2) by striking ‘‘section 2 of the Act of June 13, 

2 1934 (40 U.S.C. 276c)’’ and inserting ‘‘section 3145 

3 of title 40, United States Code’’. 

4 SEC. 903. AGREEMENT FOR THE NATIONAL TECHNICAL IN5 STITUTE FOR THE DEAF. 

6 Section 112 of the Education of the Deaf Act of 1986 

7 (20 U.S.C. 4332) is amended— 

8 (1) in subsection (a)— 

9 (A) in paragraph (1)— 

10 (i) in the first sentence— 

11 (I) by striking ‘‘an institution of 

12 higher education’’ and inserting ‘‘the 

13 Rochester Institute of Technology, 

14 Rochester, New York’’; and 

15 (II) by striking ‘‘of a’’ and insert16 ing ‘‘of the’’; and 

17 (ii) by striking the second sentence; 

18 (B) by redesignating paragraph (2) as 

19 paragraph (3); and 

20 (C) by inserting after paragraph (1) the fol21 lowing: 

22 ‘‘(2) Notwithstanding the requirement under 

23 paragraph (1), if the Secretary or the Rochester Insti24 tute of Technology terminates the agreement under 

25 paragraph (1), the Secretary shall consider proposals 
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1 from other institutions of higher education and enter 

2 into an agreement with 1 of such institutions for the 

3 establishment and operation of a National Technical 

4 Institution for the Deaf.’’; and 

5 (2) in subsection (b)— 

6 (A) in paragraph (3), by striking ‘‘Com7 mittee on Education and Labor of the House of 

8 Representatives and to the Committee on Labor 

9 and Human Resources of the Senate’’ and insert10 ing ‘‘Committee on Education and the Workforce 

11 of the House of Representatives and to the Com12 mittee on Health, Education, Labor, and Pen13 sions of the Senate’’; and 

14 (B) in paragraph (5)— 

15 (i) by striking ‘‘the Act of March 3, 

16 1931 (40 U.S.C. 276a–276a–5) commonly 

17 referred to as the Davis-Bacon Act’’ and in18 serting ‘‘subchapter IV of chapter 31 of title 

19 40, United States Code, commonly referred 

20 to as the Davis-Bacon Act’’; and 

21 (ii) by striking ‘‘section 2 of the Act of 

22 June 13, 1934 (40 U.S.C. 276c)’’ and in23 serting ‘‘section 3145 of title 40, United 

24 States Code’’. 
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1 SEC. 904. CULTURAL EXPERIENCES GRANTS. 

2 (a) CULTURAL EXPERIENCES GRANTS.—Title I of the 

3 Education of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.) 

4 is amended by adding at the end the following: 

5 ‘‘PART C—OTHER PROGRAMS 

6 ‘‘SEC. 121. CULTURAL EXPERIENCES GRANTS. 

7 ‘‘(a) IN GENERAL.—The Secretary shall, on a competi8 tive basis, make grants to, and enter into contracts and co9 operative agreements with, eligible entities to support the 

10 activities described in subsection (b). 

11 ‘‘(b) ACTIVITIES.—In carrying out this section, the 

12 Secretary shall support activities providing cultural experi13 ences, through appropriate nonprofit organizations with a 

14 demonstrated proficiency in providing such activities, 

15 that— 

16 ‘‘(1) enrich the lives of deaf and hard-of-hearing 

17 children and adults; 

18 ‘‘(2) increase public awareness and under19 standing of deafness and of the artistic and intellec20 tual achievements of deaf and hard-of-hearing per21 sons; or 

22 ‘‘(3) promote the integration of hearing, deaf, 

23 and hard-of-hearing persons through shared cultural, 

24 educational, and social experiences. 

25 ‘‘(c) APPLICATIONS.—An eligible entity that desires to 

26 receive a grant, or enter into a contract or cooperative 
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1 agreement, under this section shall submit an application 

2 to the Secretary at such time, in such manner, and con3 taining such information as the Secretary may require. 

4 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated to carry out this section 

6 such sums as may be necessary for fiscal year 2006 and 

7 each of the 5 succeeding fiscal years.’’. 

8 (b) CONFORMING AMENDMENT.—The title heading of 

9 title I of the Education of the Deaf Act of 1986 (20 U.S.C. 

10 4301 et seq.) is amended by adding at the end ‘‘; OTHER 

11 PROGRAMS’’. 

12 SEC. 905. AUDIT. 

13 Section 203 of the Education of the Deaf Act of 1986 

14 (20 U.S.C. 4353) is amended— 

15 (1) in subsection (b)— 

16 (A) in paragraph (1), by striking the second 

17 sentence and inserting the following: ‘‘The insti18 tution of higher education that the Secretary has 

19 an agreement with under section 112 shall have 

20 an annual independent financial and compli21 ance audit made of NTID programs and activi22 ties. The audit shall follow the cycle of the Fed23 eral fiscal year.’’; 

24 (B) in paragraph (2), by striking ‘‘sections’’ 

25 and all that follows through the period and in-
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1 serting ‘‘sections 102(b), 105(b)(4), 112(b)(5), 

2 203(c), 207(b)(2), subsections (c) through (f) of 

3 section 207, and subsections (b) and (c) of sec4 tion 209.’’; and 

5 (C) in paragraph (3), by inserting ‘‘and the 

6 Committee on Education and the Workforce of 

7 the House of Representatives and the Committee 

8 on Health, Education, Labor, and Pensions of 

9 the Senate’’ after ‘‘Secretary’’; and 

10 (2) in subsection (c)(2)(A), by striking ‘‘Com11 mittee on Education and Labor of the House of Rep12 resentatives and the Committee on Labor and Human 

13 Resources of the Senate’’ and inserting ‘‘Committee 

14 on Education and the Workforce of the House of Rep15 resentatives and the Committee on Health, Education, 

16 Labor, and Pensions of the Senate’’. 

17 SEC. 906. REPORTS. 

18 Section 204 of the Education of the Deaf Act of 1986 

19 (20 U.S.C. 4354) is amended— 

20 (1) in the matter preceding paragraph (1), by 

21 striking ‘‘Committee on Education and Labor of the 

22 House of Representatives and the Committee on Labor 

23 and Human Resources of the Senate’’ and inserting 

24 ‘‘Committee on Education and the Workforce of the 

25 House of Representatives and the Committee on 
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1 Health, Education, Labor, and Pensions of the Sen2 ate’’; 

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 comple8 tion’’; 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 programs 

12 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 Secretary, 

17 as part of the annual report required under section 

18 426 of the Department of Education Organization 

19 Act, shall include a description of’’ and inserting 

20 ‘‘The Secretary shall annually transmit information 

21 to Congress on’’; and 

22 (2) in subsection (c), by striking ‘‘fiscal years 

23 1998 through 2003’’ and inserting ‘‘fiscal years 2006 

24 through 2010’’. 
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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 later 

4 than 30 days after the date of enactment of this Act, the’’ 

5 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 insert12 ing ‘‘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, and 

21 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)— 
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1 (A) by striking ‘‘preparatory, under2 graduate,’’ and inserting ‘‘undergraduate’’; 

3 (B) by striking ‘‘Effective with’’ and insert4 ing 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 any 

15 school year no United States citizen who applies 

16 to participate in distance learning courses that 

17 are at the University or NTID shall be denied 

18 participation in such courses because of the par19 ticipation of an international student in such 

20 courses; and 

21 ‘‘(B) not be charged a tuition surcharge, as 

22 described in subsection (b).’’; and 

23 (2) by striking subsections (b), (c), and (d), and 

24 inserting the following: 
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1 ‘‘(b) TUITION SURCHARGE.—Except as provided in 

2 subsections (a)(2)(B) and (c), the tuition for postsecondary 

3 international students enrolled in the University (including 

4 undergraduate and graduate students) or NTID shall in5 clude, for academic year 2007–2008 and any succeeding 

6 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 international 

10 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 
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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 1986 

18 (20 U.S.C. 4359b(b)) is amended by striking ‘‘Committee 

19 on Labor and Human Resources of the Senate’’ and insert20 ing ‘‘Committee on Health, Education, Labor, and Pensions 

21 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— 
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1 (1) in subsection (a), in the matter preceding 

2 paragraph (1), by striking ‘‘fiscal years 1998 through 

3 2003’’ and inserting ‘‘fiscal years 2006 through 

4 2011’’; and 

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

6 1998 through 2003’’ and inserting ‘‘fiscal years 2006 

7 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 the 

12 United States Institute of Peace Act (22 U.S.C. 4604(b)(3)) 

13 is amended by striking ‘‘the Arms Control and Disar14 mament Agency,’’. 

15 (b) BOARD OF DIRECTORS.—Section 1706 of the 

16 United States Institute of Peace Act (22 U.S.C. 4605) is 

17 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.’’. 
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1 (c) FUNDING.—Section 1710 of the United States In2 stitute of Peace Act (22 U.S.C. 4609) is amended by adding 

3 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 AMENDMENTS 

10 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) are 

14 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 Amendments 

25 of 1998 is amended by striking ‘‘25’’ and inserting ‘‘35’’. 
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1 PART D—INDIAN EDUCATION 

2 Subpart 1—Tribal Colleges and Universities 

3 SEC. 941. REAUTHORIZATION OF THE TRIBALLY CON4 TROLLED COLLEGE OR UNIVERSITY ASSIST5 ANCE ACT OF 1978. 

6 (a) CLARIFICATION OF THE DEFINITION OF NATIONAL

7 INDIAN ORGANIZATION.—Section 2(a)(6) of the Tribally 

8 Controlled College or University Assistance Act of 1978 (25 

9 U.S.C. 1801(a)(6)) is amended by striking ‘‘in the field of 

10 Indian education’’ and inserting ‘‘in the fields of tribally 

11 controlled colleges and universities and Indian higher edu12 cation’’. 

13 (b) INDIAN STUDENT COUNT.—Section 2(a) of the 

14 Tribally Controlled College or University Assistance Act (25 

15 U.S.C. 1801(a)) is amended— 

16 (1) by redesignating paragraphs (7) and (8) as 

17 paragraphs (8) and (9), respectively; and 

18 (2) by inserting after paragraph (6) the fol19 lowing: 

20 ‘‘(7) ‘Indian student’ means a student who is— 

21 ‘‘(A) a member of an Indian tribe; or 

22 ‘‘(B) a biological child of a member of an 

23 Indian tribe, living or deceased;’’. 

24 (c) CONTINUING EDUCATION.—Section 2(b) of the 

25 Tribally Controlled College or University Assistance Act (25 
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1 U.S.C. 1801(b)) is amended by striking paragraph (5) and 

2 inserting the following: 

3 ‘‘(5) DETERMINATION OF CREDITS.—Eligible 

4 credits earned in a continuing education program— 

5 ‘‘(A) shall be determined as 1 credit for 

6 every 10 contact hours in the case of an institu7 tion on a quarter system, or 15 contact hours in 

8 the case of an institution on a semester system, 

9 of participation in an organized continuing edu10 cation experience under responsible sponsorship, 

11 capable direction, and qualified instruction, as 

12 described in the criteria established by the Inter13 national Association for Continuing Education 

14 and Training; and 

15 ‘‘(B) shall be limited to 10 percent of the 

16 Indian student count of a tribally controlled col17 lege or university.’’. 

18 (d) ACCREDITATION REQUIREMENT.—Section 103 of 

19 the Tribally Controlled College or University Assistance Act 

20 (25 U.S.C. 1804) is amended— 

21 (1) in paragraph (2), by striking ‘‘and’’ at the 

22 end; 

23 (2) in paragraph (3), by striking the period at 

24 the end and inserting ‘‘; and’’; and 
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1 (3) by inserting after paragraph (3), the fol2 lowing: 

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

4 accrediting agency or association determined by the 

5 Secretary of Education to be a reliable authority with 

6 regard to the quality of training offered; or 

7 ‘‘(B) is, according to such an agency or associa8 tion, making reasonable progress toward accredita9 tion.’’. 

10 (e) TECHNICAL ASSISTANCE CONTRACT AWARDS.— 

11 Section 105 of the Tribally Controlled College or University 

12 Assistance Act (25 U.S.C. 1805) is amended in the second 

13 sentence by striking ‘‘In the awarding of contracts for tech14 nical assistance, preference shall be given’’ and inserting 

15 ‘‘The Secretary shall direct that contracts for technical as16 sistance be awarded’’. 

17 (f) TITLE I REAUTHORIZATION.—Section 110(a) of the 

18 Tribally Controlled College or University Assistance Act of 

19 1978 (25 U.S.C. 1810(a)) is amended— 

20 (1) in paragraphs (1), (2), (3), and (4), by strik21 ing ‘‘1999’’ and inserting ‘‘2006’’; 

22 (2) in paragraphs (1), (2), and (3), by striking 

23 ‘‘4 succeeding’’ and inserting ‘‘5 succeeding’’; 

24 (3) in paragraph (2), by striking ‘‘$40,000,000’’ 

25 and inserting ‘‘such sums as may be necessary’’; 
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1 (4) in paragraph (3), by striking ‘‘$10,000,000’’ 

2 and inserting ‘‘such sums as may be necessary’’; and 

3 (5) in paragraph (4), by striking ‘‘succeeding 4’’ 

4 and inserting ‘‘5 succeeding’’. 

5 (g) TITLE III REAUTHORIZATION.—Section 306(a) of 

6 the Tribally Controlled College or University Assistance Act 

7 of 1978 (25 U.S.C. 1836(a)) is amended— 

8 (1) by striking ‘‘1999’’ and inserting ‘‘2006’’; 

9 and 

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

11 succeeding’’. 

12 (h) TITLE IV REAUTHORIZATION.—Section 403 of the 

13 Tribal Economic Development and Technology Related 

14 Education Assistance Act of 1990 (25 U.S.C. 1852) is 

15 amended— 

16 (1) by striking ‘‘$2,000,000 for fiscal year 1999’’ 

17 and inserting ‘‘such sums as may be necessary for fis18 cal year 2006’’; and 

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

20 succeeding’’. 

21 Subpart 2—Navajo Higher Education 

22 SEC. 945. SHORT TITLE. 

23 This subpart may be cited as the ‘‘Navajo Nation 

24 Higher Education Act of 2005’’. 
786 

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1 SEC. 946. REAUTHORIZATION OF NAVAJO COMMUNITY COL2 LEGE ACT. 

3 (a) PURPOSE.—Section 2 of the Navajo Community 

4 College Act (25 U.S.C. 640a) is amended— 

5 (1) by striking ‘‘Navajo Tribe of Indians’’ and 

6 inserting ‘‘Navajo Nation’’; and 

7 (2) by striking ‘‘the Navajo Community College’’ 

8 and inserting ‘‘Dine ́ College’’. 

9 (b) GRANTS.—Section 3 of the Navajo Community Col10 lege Act (25 U.S.C. 640b) is amended— 

11 (1) in the first sentence— 

12 (A) by inserting ‘‘the’’ before ‘‘Interior’’; 

13 (B) by striking ‘‘Navajo Tribe of Indians’’ 

14 and inserting ‘‘Navajo Nation’’; and 

15 (C) by striking ‘‘the Navajo Community 

16 College’’ and inserting ‘‘Dine ́ College’’; and 

17 (2) in the second sentence— 

18 (A) by striking ‘‘Navajo Tribe’’ and insert19 ing ‘‘Navajo Nation’’; and 

20 (B) by striking ‘‘Navajo Indians’’ and in21 serting ‘‘Navajo people’’. 

22 (c) STUDY OF FACILITIES NEEDS.—Section 4 of the 

23 Navajo Community College Act (25 U.S.C. 640c) is amend24 ed— 

25 (1) in subsection (a)— 

26 (A) in the first sentence— 
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•S 1614 RS 

1 (i) by striking ‘‘the Navajo Community 

2 College’’ and inserting ‘‘Dine ́ College’’; and 

3 (ii) by striking ‘‘August 1, 1979’’ and 

4 inserting ‘‘October 31, 2009’’; and 

5 (B) in the second sentence, by striking 

6 ‘‘Navajo Tribe’’ and inserting ‘‘Navajo Nation’’; 

7 (2) in subsection (b), by striking ‘‘the date of en8 actment of the Tribally Controlled Community College 

9 Assistance Act of 1978’’ and inserting ‘‘October 1, 

10 2006’’; and 

11 (3) in subsection (c), in the first sentence, by 

12 striking ‘‘the Navajo Community College’’ and insert13 ing ‘‘Dine ́ College’’. 

14 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 5 

15 of the Navajo Community College Act (25 U.S.C. 640c–1) 

16 is amended— 

17 (1) in subsection (a)— 

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

19 ‘‘$2,000,000’’ and all that follows through the 

20 end of the paragraph and inserting ‘‘such sums 

21 as are necessary for fiscal years 2006 through 

22 2011.’’; and 

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

24 ‘‘(3) Sums described in paragraph (2) shall be used 

25 to provide grants for construction activities, including the 
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•S 1614 RS 

1 construction of buildings, water and sewer facilities, roads, 

2 information technology and telecommunications infrastruc3 ture, classrooms, and external structures (such as walk4 ways).’’; 

5 (2) in subsection (b)(1)— 

6 (A) in the matter preceding subparagraph 

7 (A)— 

8 (i) by striking ‘‘the Navajo Community 

9 College’’ and inserting ‘‘Dine ́ College’’; and 

10 (ii) by striking ‘‘, for each fiscal year’’ 

11 and all that follows through ‘‘for—’’ and in12 serting ‘‘such sums as are necessary for fis13 cal years 2006 through 2011 to pay the cost 

14 of—’’; 

15 (B) in subparagraph (A)— 

16 (i) by striking ‘‘college’’ and inserting 

17 ‘‘College’’; 

18 (ii) in clauses (i) and (iii), by striking 

19 the commas at the ends of the clauses and 

20 inserting semicolons; and 

21 (iii) in clause (ii), by striking ‘‘, and’’ 

22 at the end and inserting ‘‘; and’’; 

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

24 comma at the end and inserting a semicolon; 
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•S 1614 RS 

1 (D) in subparagraph (C), by striking ‘‘, 

2 and’’ at the end and inserting a semicolon; 

3 (E) in subparagraph (D), by striking the 

4 period at the end and inserting ‘‘; and’’; and 

5 (F) by adding at the end the following: 

6 ‘‘(E) improving and expanding the College, 

7 including by providing, for the Navajo people 

8 and others in the community of the College— 

9 ‘‘(i) higher education programs; 

10 ‘‘(ii) vocational and technical edu11 cation; 

12 ‘‘(iii) activities relating to the preser13 vation and protection of the Navajo lan14 guage, philosophy, and culture; 

15 ‘‘(iv) employment and training oppor16 tunities; 

17 ‘‘(v) economic development and com18 munity outreach; and 

19 ‘‘(vi) a safe learning, working, and liv20 ing environment.’’; and 

21 (3) in subsection (c), by striking ‘‘the Navajo 

22 Community College’’ and inserting ‘‘Dine ́ College’’. 

23 (e) EFFECT ON OTHER LAWS.—Section 6 of the Navajo 

24 Community College Act (25 U.S.C. 640c–2) is amended— 
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•S 1614 RS 

1 (1) by striking ‘‘the Navajo Community College’’ 

2 each place it appears and inserting ‘‘Dine ́ College’’; 

3 and 

4 (2) in subsection (b), by striking ‘‘college’’ and 

5 inserting ‘‘College’’. 

6 (f) PAYMENTS; INTEREST.—Section 7 of the Navajo 

7 Community College Act (25 U.S.C. 640c–3) is amended by 

8 striking ‘‘the Navajo Community College’’ each place it ap9 pears and inserting ‘‘Dine ́ College’’. 

10 TITLE X—RECONCILIATION 

11 PART A—EDUCATION PROVISIONS 

12 SEC. 1001. PROVISIONAL GRANT ASSISTANCE PROGRAM. 

13 (a) AMENDMENT.—Subpart 1 of part A of title IV (20 

14 U.S.C. 1070a) is amended by adding at the end the fol15 lowing: 

16 ‘‘SEC. 401A. PROVISIONAL GRANT ASSISTANCE PROGRAM. 

17 ‘‘(a) GRANTS.— 

18 ‘‘(1) IN GENERAL.—From amounts appropriated 

19 under subsection (e) for a fiscal year and subject to 

20 subsection (b), the Secretary shall award grants to 

21 students (which shall be known as ‘ProGAP awards’) 

22 in the same manner as the Secretary awards grants 

23 to students under section 401, except that— 

24 ‘‘(A) at the beginning of each award year, 

25 the Secretary shall establish a maximum and 
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1 minimum award level based on amounts made 

2 available under subsection (e); 

3 ‘‘(B) the Secretary shall only award grants 

4 under this section to students eligible for a grant 

5 under section 401 for the award year; and 

6 ‘‘(C) when determining eligibility for the 

7 awards, the Secretary shall consider only those 

8 students who are eligible for a grant under sec9 tion 401, as of June 30 of the award year for 

10 which the determination is made. 

11 ‘‘(2) STUDENTS WITH THE GREATEST NEED.— 

12 The Secretary shall ensure grants are awarded under 

13 this section to students with the greatest need as de14 termined in accordance with section 471. 

15 ‘‘(b) COST OF ATTENDANCE LIMITATION.—A grant 

16 awarded under this section for an award year shall be 

17 awarded in an amount that does not exceed— 

18 ‘‘(1) the student’s cost of attendance for the 

19 award year; less 

20 ‘‘(2) an amount equal to the expected family con21 tribution for that student for the award year. 

22 ‘‘(c) SUPPLEMENT NOT SUPPLANT.—Grants awarded 

23 from funds made available under subsection (e) shall be 

24 used to supplement, and not supplant, other Federal, State, 

25 or institutional grant funds. 
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1 ‘‘(d) USE OF EXCESS FUNDS.— 

2 ‘‘(1) 15 PERCENT OR LESS.—If, at the end of a 

3 fiscal year, the funds available for making grant pay4 ments under this section exceed the amount necessary 

5 to make the grant payments required under this sec6 tion to eligible students by 15 percent or less, then all 

7 of the excess funds shall remain available for making 

8 grant payments under this section during the next 

9 succeeding fiscal year. 

10 ‘‘(2) MORE THAN 15 PERCENT.—If, at the end of 

11 a fiscal year, the funds available for making grant 

12 payments under this section exceed the amount nec13 essary to make the grant payments required under 

14 this section to eligible students by more than 15 per15 cent, then all of such funds shall remain available for 

16 making such grant payments but grant payments 

17 may be made under this paragraph only with respect 

18 to awards for that fiscal year. 

19 ‘‘(e) AUTHORIZATION AND APPROPRIATION OF

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

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

22 not otherwise appropriated, for the Department of Edu23 cation to carry out this section and section 401B— 

24 ‘‘(1) $1,897,000,000 for fiscal year 2006; 

25 ‘‘(2) $1,901,000,000 for fiscal year 2007; 
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1 ‘‘(3) $1,899,000,000 for fiscal year 2008; 

2 ‘‘(4) $1,898,000,000 for fiscal year 2009; and 

3 ‘‘(5) $1,897,000,000 for fiscal year 2010. 

4 ‘‘(f) SUNSET PROVISION.—This section shall be effec5 tive with respect to amounts appropriated for fiscal year 

6 2006 and each of the 4 succeeding fiscal years.’’. 

7 (b) SENSE OF THE SENATE.—It is the sense of the Sen8 ate that the amounts appropriated to carry out sections 

9 401A and 401B of the Higher Education Act of 1965 are 

10 the result of the savings generated by the amendments made 

11 by this part. 

12 SEC. 1002. NATIONAL SMART GRANTS. 

13 Subpart 1 of part A of title IV (20 U.S.C. 1070a) is 

14 further amended by adding after section 401A (as added 

15 by section 1001): 

16 ‘‘SEC. 401B. NATIONAL SMART GRANTS. 

17 ‘‘(a) FINDINGS.—Congress makes the following find18 ings: 

19 ‘‘(1) If the United States is to remain a world 

20 leader in the global economy, its college students must 

21 have the training they need to compete for the best 

22 jobs of the 21st century. 

23 ‘‘(2) The United States intelligence community 

24 faces major shortages in foreign languages critical to 
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1 national security, and will also require major incen2 tives to fill projected workforce needs. 

3 ‘‘(3) Increasingly, the best jobs of the 21st cen4 tury will require baccalaureate degrees in the sciences, 

5 mathematics, technology, engineering, and foreign 

6 languages critical to national security, or be gen7 erated by people who have such degrees. 

8 ‘‘(4) Congress should establish a National 

9 Science and Mathematics Access to Retain Talent 

10 (SMART) grant program to meet the goals described 

11 in paragraphs (1) through (3). 

12 ‘‘(b) PURPOSE.—The purpose of this section is to in13 crease the number of postsecondary students from low-in14 come backgrounds who are enrolled in studies leading to 

15 baccalaureate degrees in physical, life, or computer sciences, 

16 mathematics, technology, engineering, and foreign lan17 guages critical to national security. 

18 ‘‘(c) GRANTS AUTHORIZED.—From amounts appro19 priated under section 401A(c) for a fiscal year, the Sec20 retary shall award grants to eligible students to assist the 

21 eligible students in paying their college education expenses. 

22 ‘‘(d) DESIGNATION.—A grant under this section shall 

23 be known as a ‘National Science and Mathematics Access 

24 to Retain Talent Grant’ or a ‘National SMART Grant’. 
795 

•S 1614 RS 

1 ‘‘(e) DEFINITION OF ELIGIBLE STUDENT.—In this sec2 tion the term ‘eligible student’ means a student who, for 

3 the academic year for which the determination is made— 

4 ‘‘(1) is eligible for a Federal Pell Grant; and 

5 ‘‘(2) is in the student’s 3rd or 4th year at an in6 stitution of higher education majoring in— 

7 ‘‘(A) mathematics, science, technology, or 

8 engineering (as determined by the Secretary pur9 suant to regulations); or 

10 ‘‘(B) a foreign language that the Secretary, 

11 in consultation with the Director of National In12 telligence, determines is critical to the national 

13 security of the United States. 

14 ‘‘(f) GRANT AMOUNT.—The Secretary shall award a 

15 grant under this section in an amount that does not exceed 

16 $1,500 for an academic year. 

17 ‘‘(g) FUNDING RULE.—The Secretary shall use not 

18 more than $450,000,000 of the funds appropriated under 

19 section 401A(c) for each of the fiscal years 2006 through 

20 2010 to carry out this section. 

21 ‘‘(h) UNOBLIGATED FUNDS AVAILABLE FOR FEDERAL

22 GRANT ASSISTANCE.—The Secretary shall make any funds 

23 made available under subsection (g) for a fiscal year that 

24 remain unobligated at the end of the fiscal year available 

25 to carry out section 401A. 
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1 ‘‘(i) MATCHING ASSISTANCE.—An institution of higher 

2 education may, from funds provided from private sources, 

3 provide additional assistance to a student receiving a grant 

4 under this section, except that the total assistance provided 

5 under this title to a student shall not exceed the student’s 

6 cost of attendance.’’. 

7 SEC. 1003. LOAN LIMITS. 

8 (a) FEDERAL INSURANCE LIMITS.—Section 

9 425(a)(1)(A) (20 U.S.C. 1075(a)(1)(A)) is amended— 

10 (1) in clause (i)(I), by striking ‘‘$2,625’’ and in11 serting ‘‘$3,500’’; and 

12 (2) in clause (ii)(I), by striking ‘‘$3,500’’ and 

13 inserting ‘‘$4,500’’. 

14 (b) GUARANTEE LIMITS.—Section 428(b)(1)(A) (20 

15 U.S.C. 1078(b)(1)(A)) is amended— 

16 (1) in clause (i)(I), by striking ‘‘$2,625’’ and in17 serting ‘‘$3,500’’; and 

18 (2) in clause (ii)(I), by striking ‘‘$3,500’’ and 

19 inserting ‘‘$4,500’’. 

20 (c) FEDERAL PLUS LOANS.—Section 428B (20 

21 U.S.C. 1078–2) is amended— 

22 (1) in subsection (a)(1)— 

23 (A) in the matter preceding subparagraph 

24 (A), by striking ‘‘Parents’’ and inserting ‘‘A 

25 graduate or professional student or the parents’’; 
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•S 1614 RS 

1 (B) in subparagraph (A), by striking ‘‘the 

2 parents’’ and inserting ‘‘the graduate or profes3 sional student or the parents’’; and 

4 (C) in subparagraph (B), by striking ‘‘the 

5 parents’’ and inserting ‘‘the graduate or profes6 sional student or the parents’’; 

7 (2) in subsection (b), by striking ‘‘any parent’’ 

8 and inserting ‘‘any graduate or professional student 

9 or any parent’’; 

10 (3) in subsection (c)(2), by striking ‘‘parent’’ 

11 and inserting ‘‘graduate or professional student or 

12 parent’’; and 

13 (4) in subsection (d)(1), by striking ‘‘the parent’’ 

14 and inserting ‘‘the graduate or professional student or 

15 the parent’’. 

16 (d) UNSUBSIDIZED STAFFORD LOANS FOR GRADUATE

17 OR PROFESSIONAL STUDENTS.—Section 428H(d)(2) (20 

18 U.S.C. 1078–8(d)(2)) is amended— 

19 (1) in subparagraph (C), by striking ‘‘$10,000’’ 

20 and inserting ‘‘$12,000’’; and 

21 (2) in subparagraph (D)— 

22 (A) in clause (i), by striking ‘‘$5,000’’ and 

23 inserting ‘‘$7,000’’; and 

24 (B) in clause (ii), by striking ‘‘$5,000’’ and 

25 inserting ‘‘$7,000’’. 
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1 SEC. 1004. PLUS LOAN INTEREST RATES AND ZERO SPECIAL 

2 ALLOWANCE PAYMENT. 

3 (a) PLUS LOANS.—Section 427A(l)(2) (20 U.S.C. 

4 1077a(l)(2)) is amended by striking ‘‘7.9 percent’’ and in5 serting ‘‘8.5 percent’’. 

6 (b) CONFORMING AMENDMENTS FOR SPECIAL ALLOW7 ANCES.— 

8 (1) AMENDMENTS.—Subparagraph (I) of section 

9 438(b)(2) (20 U.S.C. 1087–1(b)(2)) is amended— 

10 (A) in clause (iv), by striking ‘‘, subject to 

11 clause (vi) of this subparagraph’’; 

12 (B) in clause (v), by striking ‘‘July 1, 

13 2006’’ each place it appears and inserting 

14 ‘‘April 1, 2006’’; and 

15 (C) by striking clauses (vi) and (vii) and 

16 inserting the following: 

17 ‘‘(vi) RECAPTURE OF EXCESS INTER18 EST.— 

19 ‘‘(I) EXCESS CREDITED.—With 

20 respect to a loan on which the applica21 ble interest rate is determined under 

22 subsection (k) or (l) of section 427A 

23 and for which the first disbursement of 

24 principal is made on or after April 1, 

25 2006, if the applicable interest rate for 

26 any 3-month period exceeds the special 
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•S 1614 RS 

1 allowance support level applicable to 

2 such loan under this subparagraph for 

3 such period, then an adjustment shall 

4 be made by calculating the excess inter5 est in the amount computed under sub6 clause (II) of this clause, and by cred7 iting the excess interest to the Govern8 ment not less often than annually. 

9 ‘‘(II) CALCULATION OF EXCESS.— 

10 The amount of any adjustment of in11 terest on a loan to be made under this 

12 subsection for any quarter shall be 

13 equal to— 

14 ‘‘(aa) the applicable interest 

15 rate minus the special allowance 

16 support level determined under 

17 this subparagraph; multiplied by 

18 ‘‘(bb) the average daily prin19 cipal balance of the loan (not in20 cluding unearned interest added 

21 to principal) during such cal22 endar quarter; divided by 

23 ‘‘(cc) four. 

24 ‘‘(III) SPECIAL ALLOWANCE SUP25 PORT LEVEL.—For purposes of this 
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1 clause, the term ‘special allowance sup2 port level’ means, for any loan, a num3 ber expressed as a percentage equal to 

4 the sum of the rates determined under 

5 subclauses (I) and (III) of clause (i), 

6 and applying any substitution rules 

7 applicable to such loan under clauses 

8 (ii), (iii), and (iv) in determining such 

9 sum.’’. 

10 (2) EFFECTIVE DATE.—The amendments made 

11 by this subsection shall not apply with respect to any 

12 special allowance payment made under section 438 of 

13 the Higher Education Act of 1965 (20 U.S.C 1087– 

14 1) before April 1, 2006. 

15 SEC. 1005. REDUCTION OF LENDER INSURANCE REIM16 BURSEMENT RATES. 

17 (a) AMENDMENT.—Subparagraph (G) of section 

18 428(b)(1) (20 U.S.C. 1078(b)(1)) is amended to read as fol19 lows: 

20 ‘‘(G) insures 97 percent of the unpaid prin21 cipal of loans insured under the program;’’. 

22 (b) EFFECTIVE DATE.—The amendment made by sub23 section (a) shall apply with respect to any loan made, in24 sured, or guaranteed under part B of title IV of the Higher 
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1 Education Act of 1965 (20 U.S.C. 1071 et seq.) for which 

2 the first disbursement is made on or after January 1, 2006. 

3 SEC. 1006. GUARANTY AGENCY ORIGINATION FEE. 

4 (a) AMENDMENT.—Section 428(b)(1)(H) (20 U.S.C. 

5 1078(b)(1)(H)) is amended to read as follows: 

6 ‘‘(H) provides for the collection, and the de7 posit in the Federal Fund established under sec8 tion 422A(a), of a guaranty agency origination 

9 fee of 1.0 percent of each disbursement of the pro10 ceeds of the loan, which fee may be provided 

11 from funds in the guaranty agency’s operating 

12 fund under section 422B or from other non-Fed13 eral funds;’’. 

14 (b) EFFECTIVE DATE.—The amendment made by sub15 section (a) shall be effective with respect to any loan dis16 bursed under part B of title IV of the Higher Education 

17 Act of 1965 on or after April 1, 2006. 

18 SEC. 1007. DEFERMENT OF STUDENT LOANS FOR MILITARY 

19 SERVICE. 

20 (a) FEDERAL FAMILY EDUCATION LOANS.—Section 

21 428(b)(1)(M) (20 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 
802 

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1 (3) by inserting after clause (ii) the following 

2 new clause: 

3 ‘‘(iii) not in excess of 3 years during 

4 which the borrower— 

5 ‘‘(I) is serving on active duty dur6 ing a war or other military operation 

7 or national emergency; or 

8 ‘‘(II) is performing qualifying 

9 National Guard duty during a war or 

10 other military operation or national 

11 emergency; or’’. 

12 (b) DIRECT LOANS.—Section 455(f)(2) (20 U.S.C. 

13 1087e(f)(2)) is amended— 

14 (1) by redesignating subparagraph (C) as sub15 paragraph (D); and 

16 (2) by inserting after subparagraph (B) the fol17 lowing new subparagraph: 

18 ‘‘(C) not in excess of 3 years during which 

19 the borrower— 

20 ‘‘(i) is serving on active duty during a 

21 war or other military operation or national 

22 emergency; or 

23 ‘‘(ii) is performing qualifying National 

24 Guard duty during a war or other military 

25 operation or national emergency; or’’. 
803 

•S 1614 RS 

1 (c) PERKINS LOANS.—Section 464(c)(2)(A) (20 U.S.C. 

2 1087dd(c)(2)(A)) is amended— 

3 (1) by redesignating clauses (iii) and (iv) as 

4 clauses (iv) and (v), respectively; and 

5 (2) by inserting after clause (ii) the following 

6 new clause: 

7 ‘‘(iii) not in excess of 3 years during 

8 which the borrower— 

9 ‘‘(I) is serving on active duty dur10 ing a war or other military operation 

11 or national emergency; or 

12 ‘‘(II) is performing qualifying 

13 National Guard duty during a war or 

14 other military operation or national 

15 emergency;’’. 

16 (d) DEFINITIONS.—Section 481 (20 U.S.C. 1088) is 

17 amended by adding at the end the following new subsection: 

18 ‘‘(d) DEFINITIONS FOR MILITARY DEFERMENTS.—For 

19 purposes of parts B, D, and E of this title: 

20 ‘‘(1) ACTIVE DUTY.—The term ‘active duty’ has 

21 the meaning given such term in section 101(d)(1) of 

22 title 10, United States Code, except that such term 

23 does not include active duty for training or attend24 ance at a service school. 
804 

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1 ‘‘(2) MILITARY OPERATION.—The term ‘military 

2 operation’ means a contingency operation as such 

3 term is defined in section 101(a)(13) of title 10, 

4 United States Code. 

5 ‘‘(3) NATIONAL EMERGENCY.—The term ‘na6 tional emergency’ means the national emergency by 

7 reason of certain terrorist attacks declared by the 

8 President on September 14, 2001, or subsequent na9 tional emergencies declared by the President by rea10 son of terrorist attacks. 

11 ‘‘(4) SERVING ON ACTIVE DUTY.—The term ‘serv12 ing on active duty during a war or other military op13 eration or national emergency’ means service by an 

14 individual who is— 

15 ‘‘(A) a Reserve of an Armed Force ordered 

16 to active duty under section 12301(a), 12301(g), 

17 12302, 12304, or 12306 of title 10, United States 

18 Code, or any retired member of an Armed Force 

19 ordered to active duty under section 688 of such 

20 title, for service in connection with a war or 

21 other military operation or national emergency, 

22 regardless of the location at which such active 

23 duty service is performed; and 

24 ‘‘(B) any other member of an Armed Force 

25 on active duty in connection with such emer-
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1 gency or subsequent actions or conditions who 

2 has been assigned to a duty station at a location 

3 other than the location at which such member is 

4 normally assigned. 

5 ‘‘(5) QUALIFYING NATIONAL GUARD DUTY.—The 

6 term ‘qualifying National Guard duty during a war 

7 or other military operation or national emergency’ 

8 means service as a member of the National Guard on 

9 full-time National Guard duty (as defined in section 

10 101(d)(5) of title 10, United States Code) under a call 

11 to active service authorized by the President or the 

12 Secretary of Defense for a period of more than 30 

13 consecutive days under section 502(f) of title 32, 

14 United States Code, in connection with a war, other 

15 military operation, or a national emergency declared 

16 by the President and supported by Federal funds.’’. 

17 (e) RULE OF CONSTRUCTION.—Nothing in the amend18 ments made by this section shall be construed to authorize 

19 any refunding of any repayment of a loan. 

20 (f) EFFECTIVE DATE.—The amendments made by this 

21 section shall apply with respect to loans for which the first 

22 disbursement is made on or after July 1, 2001. 

23 SEC. 1008. RECOVERY THROUGH CONSOLIDATION. 

24 Section 428(c) (20 U.S.C 1078(c)) is amended— 

25 (1) in paragraph (2)(A)— 
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1 (A) by inserting ‘‘(i)’’ after ‘‘including’’; 

2 and 

3 (B) by inserting before the semicolon at the 

4 end the following: ‘‘and (ii) requirements estab5 lishing procedures to preclude consolidation lend6 ing from being an excessive proportion of guar7 anty agency recoveries on defaulted loans under 

8 this part’’; 

9 (2) in paragraph (2)(D), by striking ‘‘paragraph 

10 (6)’’ and inserting ‘‘paragraph (6)(A)’’; and 

11 (3) in paragraph (6)— 

12 (A) by inserting ‘‘(A)’’ before ‘‘For the pur13 poses of paragraph (2)(D),’’; 

14 (B) by redesignating subparagraphs (A) 

15 and (B) as clauses (i) and (ii), respectively; and 

16 (C) by adding at the end the following new 

17 subparagraphs: 

18 ‘‘(B) GUARANTY AGENCY OBLIGATIONS.—A guar19 anty agency shall— 

20 ‘‘(i) on or after October 1, 2006— 

21 ‘‘(I) not charge the borrower collection 

22 costs in an amount in excess of 18.5 percent 

23 of the outstanding principal and interest of 

24 a defaulted loan that is paid off through 
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•S 1614 RS 

1 consolidation by the borrower under this 

2 title; and 

3 ‘‘(II) remit to the Secretary a portion 

4 of the collection charge under subclause (I) 

5 equal to 8.5 percent of the outstanding prin6 cipal and interest of such defaulted loan; 

7 and 

8 ‘‘(ii) on and after October 1, 2009, remit to 

9 the Secretary the entire amount charged under 

10 clause (i)(I) with respect to each defaulted loan 

11 that is paid off with excess consolidation pro12 ceeds. 

13 ‘‘(C) EXCESS CONSOLIDATION PROCEEDS.— 

14 For purposes of subparagraph (B), the term ‘ex15 cess consolidation proceeds’ means, with respect 

16 to any guaranty agency for any Federal fiscal 

17 year beginning on or after October 1, 2009, the 

18 proceeds of consolidation of defaulted loans under 

19 this title that exceed 45 percent of the agency’s 

20 total collections on defaulted loans in such Fed21 eral fiscal year.’’. 

22 SEC. 1009. SINGLE HOLDER RULE. 

23 Subparagraph (A) of section 428C(b)(1) (20 U.S.C. 

24 1078–3(b)(1)) is amended by striking ‘‘and (i)’’ and all that 

25 follows through ‘‘so selected for consolidation)’’. 
808 

•S 1614 RS 

1 SEC. 1010. DEFAULT REDUCTION PROGRAM. 

2 Section 428F(a)(1) (20 U.S.C. 1078-6(a)(1)) is 

3 amended— 

4 (1) in subparagraph (A), by striking ‘‘consecu5 tive payments for 12 months’’ and inserting ‘‘9 pay6 ments made within 20 days of the due date during 

7 10 consecutive months’’; 

8 (2) by redesignating subparagraph (C) as sub9 paragraph (D); and 

10 (3) by inserting after subparagraph (B) the fol11 lowing new subparagraph: 

12 ‘‘(C) A guaranty agency may charge the 

13 borrower and retain collection costs in an 

14 amount not to exceed 18.5 percent of the out15 standing principal and interest at the time of 

16 sale of a loan rehabilitated under subparagraph 

17 (A).’’. 

18 SEC. 1011. REQUIREMENTS FOR DISBURSEMENTS OF STU19 DENT LOANS. 

20 Section 428G (20 U.S.C. 1078–7) is amended— 

21 (1) in subsection (a)(3), by adding at the end the 

22 following: ‘‘Notwithstanding section 422(d) of the 

23 Higher Education Amendments of 1998, this para24 graph shall be effective beginning on the date of enact25 ment of the Higher Education Amendments of 2005.’’; 

26 and 
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•S 1614 RS 

1 (2) in subsection (b)(1), by adding at the end the 

2 following: ‘‘Notwithstanding section 422(d) of the 

3 Higher Education Amendments of 1998, the second 

4 sentence of this paragraph shall be effective beginning 

5 on the date of enactment of the Higher Education 

6 Amendments of 2005.’’. 

7 SEC. 1012. SPECIAL INSURANCE AND REINSURANCE RULES. 

8 (a) REPEAL.—Section 428I (20 U.S.C. 1078–9) is re9 pealed. 

10 (b) CONFORMING AMENDMENTS.—Part A of title IV 

11 (20 U.S.C.1070 et seq.) is amended— 

12 (1) in section 428(c)(1)— 

13 (A) by striking subparagraph (D); and 

14 (B) by redesignating subparagraphs (E) 

15 and (F) as subparagraphs (D) and (E), respec16 tively; and 

17 (2) in section 438(b)(5), by striking the matter 

18 following subparagraph (B). 

19 SEC. 1013. SCHOOL AS LENDER MORATORIUM. 

20 Section 435(d)(2) (20 U.S.C. 1085(d)(2)) is amend21 ed— 

22 (1) in subparagraph (E), by striking ‘‘and’’ after 

23 the semicolon; and 
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•S 1614 RS 

1 (2) by inserting before the matter following sub2 paragraph (F) (as amended by section 430) the fol3 lowing: 

4 ‘‘(G) shall have met the requirements of sub5 paragraphs (A) through (F), and made loans 

6 under this part, on or before August 31, 2005; 

7 ‘‘(H) shall hold each loan the eligible insti8 tution makes under this part to a student en9 rolled at the eligible institution until the student 

10 enters into a grace period described in section 

11 427(a)(2)(B) or 428(b)(7); 

12 ‘‘(I) shall use the proceeds from the sale of 

13 a loan made under this part, for need based 

14 grant aid programs, except that such proceeds— 

15 ‘‘(i) shall not be used to provide a 

16 grant to a student for an academic year in 

17 an amount that is more than the student’s 

18 cost of attendance for the academic year; 

19 and 

20 ‘‘(ii) shall supplement and not sup21 plant other Federal, State, and institutional 

22 grant aid; and 

23 ‘‘(J) shall not be a foundation or alumni 

24 organization;’’. 
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•S 1614 RS 

1 SEC. 1014. PERMANENT REDUCTION OF SPECIAL ALLOW2 ANCE PAYMENTS FOR LOANS FROM THE PRO3 CEEDS OF TAX EXEMPT ISSUES. 

4 (a) TECHNICAL CLARIFICATION.—The matter pre5 ceding paragraph (1) of section 2 of the Taxpayer-Teacher 

6 Protection Act of 2004 (Public Law 108–409; 118 Stat. 

7 2299) is amended by inserting ‘‘of the Higher Education 

8 Act of 1965’’ after ‘‘Section 438(b)(2)(B)’’. The amendment 

9 made by the preceding sentence shall be effective as if en10 acted on October 30, 2004. 

11 (b) AMENDMENT.—Section 438(b)(2)(B) (20 U.S.C. 

12 1087–1(b)(2)(B)) is amended— 

13 (1) in clause (iv), by striking ‘‘and before Janu14 ary 1, 2006,’’; and 

15 (2) in clause (v)(II)— 

16 (A) in item (aa), by striking ‘‘and before 

17 January 1, 2006,’’; 

18 (B) in item (bb), by striking ‘‘and before 

19 January 1, 2006,’’; and 

20 (C) in item (cc), by striking ‘‘and before 

21 January 1, 2006,’’. 

22 SEC. 1015. SPECIAL ALLOWANCES. 

23 (a) ORIGINATION FEES.—Paragraph (2) of section 

24 438(c) (20 U.S.C. 1087–1(c)) is amended— 

25 (1) by striking the designation and heading of 

26 such paragraph and inserting the following: 
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1 ‘‘(2) AMOUNT OF ORIGINATION FEES.— 

2 ‘‘(A) IN GENERAL.—’’; and 

3 (2) by adding at the end the following new sub4 paragraph: 

5 ‘‘(B) SUBSEQUENT REDUCTIONS.—Subpara6 graph (A) shall be applied to loans made under 

7 this part (other than loans made under sections 

8 428C and 439(o)) by substituting ‘2.50 percent’ 

9 for ‘3.0 percent’ with respect to loans for which 

10 the first disbursement of principal is made on or 

11 after July 1, 2007.’’. 

12 (b) LOAN FEES FROM LENDERS.— 

13 (1) AMENDMENT.—Paragraph (2) of section 

14 438(d) (20 U.S.C. 1087–1(d)) is amended to read as 

15 follows: 

16 ‘‘(2) AMOUNT OF LOAN FEES.— 

17 ‘‘(A) IN GENERAL.—Except as provided in 

18 subparagraph (B), with respect to any loan 

19 made under this part for which the first dis20 bursement was made on or after October 1, 1993, 

21 the amount of the loan fee that shall be deducted 

22 under paragraph (1) shall be equal to 0.50 per23 cent of the principal amount of the loan. 

24 ‘‘(B) CONSOLIDATION LOANS.—With respect 

25 to any loan made under section 428C on or after 
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•S 1614 RS 

1 April 1, 2006, the amount of the loan fee that 

2 shall be deducted under paragraph (1) shall be 

3 equal to 1.0 percent of the principal amount of 

4 the loan.’’. 

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

6 paragraph (1) shall apply with respect to any loan 

7 made, insured, or guaranteed under part B of title IV 

8 of the Higher Education Act of 1965 (20 U.S.C. 1071 

9 et seq.) for which the first disbursement is made on 

10 or after April 1, 2006. 

11 SEC. 1016. ORIGINATION FEE. 

12 Section 455(c) (20 U.S.C. 1087e(c)) is amended— 

13 (1) by striking ‘‘shall’’ and inserting ‘‘is author14 ized to’’; and 

15 (2) by striking ‘‘4.0 percent of the principal 

16 amount of loan’’ and inserting ‘‘not less than 1 per17 cent and not more than 3 percent of the principal 

18 amount of the loan, except that the Secretary shall 

19 charge the borrower of a Federal Direct PLUS Loan 

20 an origination fee of 4.0 percent of the principal 

21 amount of the loan. Beginning on July 1, 2007, the 

22 preceding sentence shall be applied by substituting 

23 ‘2.5 percent’ for ‘3 percent’ ’’. 
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1 SEC. 1017. INCOME CONTINGENT REPAYMENT FOR PUBLIC 

2 SECTOR EMPLOYEES. 

3 Section 455(e) (20 U.S.C. 1087e(e)) is amended by 

4 adding at the end the following: 

5 ‘‘(7) REPAYMENT PLAN FOR PUBLIC SECTOR EM6 PLOYEES.— 

7 ‘‘(A) IN GENERAL.—The Secretary shall for8 give the balance due on any loan made under 

9 this part or section 428C(b)(5) for a borrower— 

10 ‘‘(i) who has made 120 payments on 

11 such loan pursuant to income contingent re12 payment; and 

13 ‘‘(ii) who is employed, and was em14 ployed for the 10-year period in which the 

15 borrower made the 120 payments described 

16 in clause (i), in a public sector job. 

17 ‘‘(B) PUBLIC SECTOR JOB.—In this para18 graph, the term ‘public sector job’ means a full19 time job in emergency management, government, 

20 public safety, law enforcement, public health, 

21 education (including early childhood education), 

22 or public interest legal services (including pros23 ecution or public defense). 

24 ‘‘(8) RETURN TO STANDARD REPAYMENT.—A 

25 borrower who is repaying a loan made under this 

26 part pursuant to income contingent repayment may 
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1 choose, at any time, to terminate repayment pursuant 

2 to income contingent repayment and repay such loan 

3 under the standard repayment plan.’’. 

4 SEC. 1018. FAMILY CONTRIBUTION FOR DEPENDENT STU5 DENTS. 

6 (a) AMENDMENTS.—Section 475 (20 U.S.C. 1087oo) is 

7 amended— 

8 (1) in subsection (g)(2)(D), by striking ‘‘$2,200’’ 

9 and inserting ‘‘$3,000’’; and 

10 (2) in subsection (h), by striking ‘‘35’’ and in11 serting ‘‘20’’. 

12 (b) EFFECTIVE DATE.—The amendments made by sub13 section (a) shall apply with respect to determinations of 

14 need for periods of enrollment beginning on or after July 

15 1, 2007. 

16 SEC. 1019. FAMILY CONTRIBUTION FOR INDEPENDENT STU17 DENTS WITHOUT DEPENDENTS OTHER THAN 

18 A SPOUSE. 

19 (a) AMENDMENTS.—Section 476 (20 U.S.C.1087pp) is 

20 amended— 

21 (1) in subsection (b)(1)(A)(iv)— 

22 (A) in subclause (I), by striking ‘‘$5,000’’ 

23 and inserting ‘‘$6,050’’; 

24 (B) in subclause (II), by striking ‘‘$5,000’’ 

25 and inserting ‘‘$6,050’’; and 
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1 (C) in subclause (III), by striking ‘‘$8,000’’ 

2 and inserting ‘‘$9,700’’; and 

3 (2) in subsection (c)(4), by striking ‘‘35’’ and in4 serting ‘‘20’’. 

5 (b) EFFECTIVE DATE.—The amendments made by sub6 section (a) shall apply with respect to determinations of 

7 need for periods of enrollment beginning on or after July 

8 1, 2007. 

9 SEC. 1020. FAMILY CONTRIBUTION FOR INDEPENDENT STU10 DENTS WITH DEPENDENTS OTHER THAN A 

11 SPOUSE. 

12 (a) AMENDMENT.—Section 477(c)(4) (20 U.S.C. 

13 1087qq(c)(4)) is amended by striking ‘‘12’’ and inserting 

14 ‘‘7’’. 

15 (b) EFFECTIVE DATE.—The amendment made by sub16 section (a) shall apply with respect to determinations of 

17 need for periods of enrollment beginning on or after July 

18 1, 2007. 

19 SEC. 1021. REGULATIONS; UPDATED TABLES. 

20 Section 478(b) (20 U.S.C. 1087rr(b)) is amended— 

21 (1) in paragraph (1), by adding at the end the 

22 following: ‘‘For the 2007–2008 academic year, the 

23 Secretary shall revise the tables in accordance with 

24 this paragraph, except that the Secretary shall in25 crease the amounts contained in the table in section 
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1 477(b)(4) by a percentage equal to the greater of the 

2 estimated percentage increase in the Consumer Price 

3 Index (as determined under the preceding sentence) or 

4 5 percent.’’; and 

5 (2) in paragraph (2), by striking ‘‘2000–2001’’ 

6 and inserting ‘‘2007–2008’’. 

7 SEC. 1022. SIMPLIFIED NEED TEST AND AUTOMATIC ZERO 

8 IMPROVEMENTS. 

9 (a) AMENDMENTS.—Section 479 (20 U.S.C. 1087ss) is 

10 amended— 

11 (1) in subsection (b)— 

12 (A) in paragraph (1)— 

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

14 clause (i) and inserting the following: 

15 ‘‘(i) the student’s parents— 

16 ‘‘(I) file, or are eligible to file, a 

17 form described in paragraph (3); 

18 ‘‘(II) certify that the parents are 

19 not required to file a Federal income 

20 tax return; or 

21 ‘‘(III) received, or the student re22 ceived, benefits at some time during the 

23 previous 12-month period under a 

24 means-tested Federal benefit program 
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1 as defined under subsection (d); and’’; 

2 and 

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

4 clause (i) and inserting the following: 

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

6 spouse, if any)— 

7 ‘‘(I) files, or is eligible to 1 file, a 

8 form described in paragraph (3); 

9 ‘‘(II) certifies that the student 

10 (and the student’s spouse, if any) is 

11 not required to file a Federal income 

12 tax return; or 

13 ‘‘(III) received benefits at some 

14 time during the previous 12-month pe15 riod under a means-tested Federal ben16 efit program as defined under sub17 section (d); and’’; and 

18 (B) in the matter preceding subparagraph 

19 (A) of paragraph (3), by striking ‘‘A student or 

20 family files a form described in this subsection, 

21 or subsection (c), as the case maybe, if the stu22 dent or family, respectively, files’’ and inserting 

23 ‘‘In the case of an independent student, the stu24 dent, or in the case of a dependent student, the 

25 family, files a form described in this subsection, 
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1 or subsection (c), as the case may be, if the stu2 dent or family, as appropriate, files’’; 

3 (2) in subsection (c)— 

4 (A) in paragraph (1)— 

5 (i) by striking subparagraph (A) and 

6 inserting the following: 

7 ‘‘(A) the student’s parents— 

8 ‘‘(i) file, or are eligible to file, a form 

9 described in subsection (b)(3); 

10 ‘‘(ii) certify that the parents are not 

11 required to file a Federal income tax return; 

12 or 

13 ‘‘(iii) received, or the student received, 

14 benefits at some time during the previous 

15 12-month period under a means-tested Fed16 eral benefit program as defined under sub17 section (d); and’’; and 

18 (ii) by striking subparagraph (B) and 

19 inserting the following: 

20 ‘‘(B) the sum of the adjusted gross income 

21 of the parents is less than or equal to $20,000; 

22 or’’; and 

23 (B) in paragraph (2)— 

24 (i) by striking subparagraph (A) and 

25 inserting the following: 
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1 ‘‘(A) the student (and the student’s spouse, 

2 if any)— 

3 ‘‘(i) files, or is eligible to file, a form 

4 described in subsection (b)(3); 

5 ‘‘(ii) certifies that the student (and the 

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

7 file a Federal income tax return; or 

8 ‘‘(iii) received benefits at some time 

9 during the previous 12-month period under 

10 a means-tested Federal benefit program as 

11 defined under subsection (d); and’’; and 

12 (ii) by striking subparagraph (B) and 

13 inserting the following: 

14 ‘‘(B) the sum of the adjusted gross income 

15 of the student and spouse (if appropriate) is less 

16 than or equal to $20,000.’’; and 

17 (3) by adding at the end the following: 

18 ‘‘(d) DEFINITIONS.—In this section: 

19 ‘‘(1) MEANS-TESTED FEDERAL BENEFIT PRO20 GRAM.—In this section, the term ‘‘means-tested Fed21 eral benefit program’’ means a mandatory spending 

22 program of the Federal Government, other than a 

23 program under this title, in which eligibility for the 

24 program’s benefits, or the amount of such benefits, are 

25 determined on the basis of income or resources of the 
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1 individual or family seeking the benefit, and may in2 clude such programs as— 

3 ‘‘(A) the supplemental security income pro4 gram under title XVI of the Social Security Act 

5 (42 U.S.C. 1381 et seq.); 

6 ‘‘(B) the food stamp program under the 

7 Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.); 

8 ‘‘(C) the free and reduced price school lunch 

9 program established under the Richard B. Rus10 sell National School Lunch Act (42 U.S.C. 1751 

11 et seq.); 

12 ‘‘(D) the program of block grants for States 

13 for temporary assistance for needy families es14 tablished under part A of title IV of the Social 

15 Security Act (42 U.S.C. 601 et seq.); 

16 ‘‘(E) the special supplemental nutrition 

17 program for women, infants, and children estab18 lished by section 17 of the Child Nutrition Act 

19 of 1966 (42 U.S.C. 1786); and 

20 ‘‘(F) other programs identified by the Sec21 retary.’’. 

22 (b) EVALUATION OF SIMPLIFIED NEEDS TEST.— 

23 (1) ELIGIBILITY GUIDELINES.—The Secretary of 

24 Education shall regularly evaluate the impact of the 

25 eligibility guidelines in subsections (b)(1)(A)(i), 
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1 (b)(1)(B)(i), (c)(1)(A), and (c)(2)(A) of section 479 of 

2 the Higher Education Act of 1965 (20 U.S.C. 

3 1087ss(b)(1)(A)(i), (b)(1)(B)(i), (c)(1)(A), and 

4 (c)(2)(A)). 

5 (2) MEANS-TESTED FEDERAL BENEFIT PRO6 GRAM.—For each 3-year period, the Secretary of Edu7 cation shall evaluate the impact of including the re8 ceipt of benefits by a student or parent under a 

9 means-tested Federal benefit program (as defined in 

10 section 479(d) of the Higher Education Act of 1965 

11 (20 U.S.C. 1087ss(d)) as a factor in determining eli12 gibility under subsections (b) and (c) of section 479 

13 of the Higher Education Act of 1965 (20 U.S.C. 

14 1087ss(b) and (c)). 

15 SEC. 1023. LOAN FORGIVENESS FOR TEACHERS. 

16 Section 3(b)(3) of the Taxpayer-Teacher Protection Act 

17 of 2004 (20 U.S.C. 1078–10 note) is amended by striking 

18 ‘‘, and before October 1, 2005’’. 

19 SEC. 1024. EFFECTIVE DATE. 

20 Except as otherwise provided in this part or the 

21 amendments made by this part, the amendments made by 

22 this part shall take effect on July 1, 2006. 
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1 PART B—HURRICANE KATRINA HIGHER 

2 EDUCATION RECOVERY 

3 SEC. 1051. SHORT TITLE. 

4 This part may be cited as the ‘‘Hurricane Katrina 

5 Higher Education Recovery Act’’. 

6 SEC. 1052. DEFINITIONS. 

7 In this part: 

8 (1) AFFECTED BORROWER.—The term ‘‘affected 

9 borrower’’ means an individual who— 

10 (A) was in repayment, but not in 

11 deferment, on a loan made, insured, or guaran12 teed under part B, D, or E of the Higher Edu13 cation Act of 1965 (20 U.S.C. 1071 et seq., 

14 1087a et seq., 1087aa et seq.) on August 22, 

15 2005, or enters or entered repayment after Au16 gust 22, 2005 and before June 30, 2006; and 

17 (B)(i) lives or lived, as of August 22, 2005, 

18 in a county or parish of Alabama, Louisiana, or 

19 Mississippi— 

20 (I) in which a major disaster has been 

21 declared in accordance with section 401 of 

22 the Robert T. Stafford Disaster Relief and 

23 Emergency Assistance Act (42 U.S.C. 5170) 

24 as a result of Hurricane Katrina; and 
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1 (II) which the President has deter2 mined warrants individual assistance from 

3 the Federal Government; or 

4 (ii) worked, as of August 22, 2005, in a 

5 county or parish described in clause (i). 

6 (2) AFFECTED INSTITUTION.— 

7 (A) IN GENERAL.—The term ‘‘affected insti8 tution’’ means an institution of higher edu9 cation, as defined in section 101 or 102 of the 

10 Higher Education Act of 1965 (20 U.S.C. 1001, 

11 1002), that— 

12 (i) is located in an area in which a 

13 major disaster has been declared in accord14 ance with section 401 of the Robert T. Staf15 ford Disaster Relief and Emergency Assist16 ance Act due to the effects of Hurricane 

17 Katrina; and 

18 (ii) is impacted by Hurricane 

19 Katrina. 

20 (B) LENGTH OF TIME.—In determining eli21 gibility for assistance under this part, the Sec22 retary, using consistent, objective criteria, shall 

23 determine the time period for which an institu24 tion of higher education is an affected institu25 tion. 
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1 (C) SPECIAL RULE.—An organizational 

2 unit of an affected institution that is not im3 pacted by Hurricane Katrina shall not be con4 sidered as part of such affected institution for 

5 purposes of receiving assistance under this part. 

6 (3) AFFECTED STUDENT.—The term ‘‘affected 

7 student’’ means a student who was enrolled on August 

8 29, 2005 in an affected institution. 

9 (4) DISTANCE EDUCATION.— 

10 (A) IN GENERAL.—The term ‘‘distance edu11 cation’’ means a course or program that uses 1 

12 or more of the technologies described in subpara13 graph (B) to— 

14 (i) deliver instruction to students who 

15 are separated from the instructor; and 

16 (ii) support regular and substantive 

17 interaction between the students and the in18 structor, either synchronously or asyn19 chronously. 

20 (B) INCLUSIONS.—For the purposes of sub21 paragraph (A), the technologies used may in22 clude— 

23 (i) the Internet; 

24 (ii) one-way and two-way trans25 missions through open broadcast, closed cir-
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•S 1614 RS 

1 cuit, cable, microwave, broadband lines, 

2 fiber optics, satellite, or wireless commu3 nications devices; 

4 (iii) audio conferencing; or 

5 (iv) video cassette, DVDs, and CD6 ROMs, provided that they are used in a 

7 course in conjunction with the technologies 

8 listed in clauses (i) through (iii). 

9 (5) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of Education. 

11 SEC. 1053. WAIVER AUTHORITY AND MODIFICATIONS TO 

12 CERTAIN PROVISIONS OF THE HIGHER EDU13 CATION ACT OF 1965. 

14 (a) WAIVER OF INSTITUTIONAL REPAYMENT.—Not15 withstanding any other provision of law, including require16 ments related to cash management, an affected institution 

17 shall not be required to return any funds received by the 

18 affected institution for, or on behalf of, its students under 

19 subparts 1 and 3 of part A and parts B, C, D, and E of 

20 title IV of the Higher Education Act of 1965 (20 U.S.C. 

21 1070, 1070b et seq., 1071 et seq., 1087a et seq., 1087aa et 

22 seq., 42 U.S.C. 2751 et seq.) during the 2005–2006 aca23 demic year. 

24 (b) WAIVER OF STUDENT RETURN OF ASSISTANCE.— 

25 Notwithstanding any other provision of law, an affected 
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1 student who, as of the date of enactment of this Act, received 

2 assistance under subpart 1 or 3 of part A or parts B, C, 

3 D, or E of title IV of the Higher Education Act of 1965 

4 for attendance at an affected institution of higher education 

5 during the 2005–2006 academic year, shall not be required 

6 to return such assistance. 

7 (c) AFFECTED STUDENTS WHO DO NOT ENROLL IN

8 ANOTHER INSTITUTION AND BORROWERS IN GRACE PERI9 ODS OR DEFERMENT.—With respect to a loan made, in10 sured, or guaranteed under part B, D, or E of title IV of 

11 the Higher Education Act of 1965 (20 U.S.C. 1071 et seq., 

12 1087a et seq., 1087aa et seq.)— 

13 (1) an affected student who does not enroll in 

14 another institution of higher education shall be re15 tained in in-school status during the period beginning 

16 on August 22, 2005, and ending on June 30, 2006; 

17 and 

18 (2) a borrower in a grace period or in deferment 

19 as of August 22, 2005 who satisfies the requirement 

20 described in clause (i) or clause (ii) of section 

21 201(1)(B) shall be retained in such status, without 

22 documentation or action by the borrower, until June 

23 30, 2006. 

24 (d) DISCHARGE OR CANCELLATION OF LOANS.—The 

25 Secretary shall— 
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1 (1) discharge all loan amounts under parts B 

2 and D of title IV of the Higher Education Act of 1965 

3 (20 U.S.C. 1071 et seq., 1087a et seq.) disbursed to, 

4 or on behalf of, an affected student for attendance at 

5 an affected institution of higher education during the 

6 2005–2006 academic year; 

7 (2) reimburse lenders for the purpose of dis8 charging any loan amounts disbursed to, or on behalf 

9 of, a student under part B of title IV of the Higher 

10 Education Act of 1965 (20 U.S.C. 1071 et seq.), for 

11 attendance at an affected institution of higher edu12 cation during the 2005–2006 academic year; and 

13 (3) cancel any loan under part E of title IV of 

14 the Higher Education Act of 1965 (20 U.S.C. 1087aa 

15 et seq.) disbursed to a student for attendance at an 

16 affected institution of higher education during the 

17 2005–2006 academic year. 

18 (e) AGGREGATE AND ANNUAL LIMITS.—In the case of 

19 an affected student, any grant or loan assistance under title 

20 IV of the Higher Education Act of 1965 (20 U.S.C. 1070 

21 et seq.) that such student received, or was to have received, 

22 for a program of study at an affected institution of higher 

23 education during the 2005–2006 academic year shall not 

24 count against such student’s annual or aggregate grant or 

25 loan limits for receipt of aid under such title. 
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1 (f) FORBEARANCE.—Notwithstanding the provisions of 

2 part B, D, or E of title IV of the Higher Education Act 

3 of 1965 (20 U.S.C. 1071 et seq., 1087a et seq., 1087aa et 

4 seq.), a lender, the Secretary, or an institution of higher 

5 education is authorized to provide not more than 1 year 

6 of forbearance to an affected borrower without documenta7 tion. 

8 (g) PROFESSIONAL JUDGMENT.—A financial aid ad9 ministrator shall be considered to be making an adjustment 

10 in accordance with section 479A(a) of the Higher Edu11 cation Act of 1965 (20 U.S.C. 1087tt(a)) if the financial 

12 aid administrator makes the adjustment with respect to the 

13 calculation of the expected student or parent contribution 

14 (or both) for an affected student, or for a student or a par15 ent who resides or resided on August 22, 2005, or was em16 ployed on August 22, 2005, in an area in which a major 

17 disaster has been declared in accordance with section 401 

18 of the Robert T. Stafford Disaster Relief and Emergency 

19 Assistance Act due to the effects of Hurricane Katrina. The 

20 financial aid administrator shall adequately document the 

21 need for the adjustment. 

22 (h) MODIFICATION OF PART A OF TITLE II GRANTS

23 AUTHORIZED.—The Secretary is authorized to approve 

24 modifications to the requirements for Teacher Quality En25 hancement Grants for States and Partnerships under part 
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•S 1614 RS 

1 A of title II of the Higher Education Act of 1965 (20 U.S.C. 

2 1021 et seq.), at the request of the grantee— 

3 (1) to assist States and local educational agen4 cies to recruit and retain highly qualified teachers in 

5 a school district located in an area in which a major 

6 disaster has been declared in accordance with section 

7 401 of the Robert T. Stafford Disaster Relief and 

8 Emergency Assistance Act due to the effects of Hurri9 cane Katrina; and 

10 (2) to assist institutions of higher education, as 

11 defined in section 101 of such Act (20 U.S.C. 1001), 

12 located in such area to recruit and retain faculty nec13 essary to prepare teachers and provide professional 

14 development. 

15 (i) WAIVER AUTHORITY TO MODIFY AUTHORIZED

16 USES OF TRIO, GEAR-UP, PART A OR B OF TITLE III, 

17 AND OTHER GRANTS.—The Secretary is authorized to mod18 ify the required and allowable uses of funds under chapters 

19 1 and 2 of subpart 2 of part A of title IV of the Higher 

20 Education Act of 1965 (20 U.S.C. 1070a et seq., 1070a– 

21 21 et seq.), under part A or B of title III (20 U.S.C. 1057 

22 et seq., 1060 et seq.), and under any other competitive grant 

23 program, at the request of an affected institution or other 

24 grantee, with respect to affected institutions and other 

25 grantees located in an area in which a major disaster has 
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•S 1614 RS 

1 been declared in accordance with section 401 of the Robert 

2 T. Stafford Disaster Relief and Emergency Assistance Act 

3 due to the effects of Hurricane Katrina. 

4 (j) AUTHORITY TO EXTEND OR WAIVE REPORTING

5 REQUIREMENTS UNDER SECTION 131(a).—The Secretary 

6 is authorized to extend reporting deadlines or waive report7 ing requirements under section 131(a) of the Higher Edu8 cation Act of 1965 (20 U.S.C. 1015(a)) for an affected insti9 tution. 

10 (k) DISTANCE EDUCATION.—The Secretary may waive 

11 the restrictions of subparagraphs (A) and (B) of section 

12 102(a)(3) of the Higher Education Act of 1965 (20 U.S.C. 

13 1002(a)(3)(A) and (B)) with respect to an institution of 

14 higher education, other than a foreign institution, that of15 fers education or training programs through distance edu16 cation and is otherwise eligible to participate in programs 

17 authorized under title IV of such Act (20 U.S.C. 1070 et 

18 seq.), if such institution exceeds such restrictions described 

19 in such subparagraphs due to the enrollment of affected stu20 dents. 

21 SEC. 1054. GENERAL WAIVER AUTHORITY AND REQUIRED 

22 CONSULTATION. 

23 (a) WAIVER AUTHORITY.— 

24 (1) IN GENERAL.—Notwithstanding any other 

25 provision of law, the Secretary may waive or modify 
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•S 1614 RS 

1 any statutory provision of the Higher Education Act 

2 of 1965 (20 U.S.C. 1001 et seq.) or any regulation 

3 implementing such Act as the Secretary determines 

4 necessary in connection with a major disaster that 

5 has been declared in accordance with section 401 of 

6 the Robert T. Stafford Disaster Relief and Emergency 

7 Assistance Act due to the effects of Hurricane 

8 Katrina. 

9 (2) ACTIONS AUTHORIZED.—In carrying out 

10 paragraph (1), the Secretary is authorized to waive 

11 or modify any provision described in paragraph (1) 

12 as the Secretary determines necessary to ensure 

13 that— 

14 (A) administrative requirements placed on 

15 affected students, affected borrowers, institutions 

16 of higher education, lenders, guaranty agencies 

17 and grantees are minimized to the extent possible 

18 without impairing the integrity of the higher 

19 education programs under the Higher Education 

20 Act of 1965, to ease the burden on such partici21 pants; or 

22 (B) institutions of higher education, lenders, 

23 guaranty agencies, and other entities partici24 pating in the student financial assistance pro25 grams under title IV of the Higher Education 
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•S 1614 RS 

1 Act of 1965 (20 U.S.C. 1070 et seq.), that serve 

2 an area in which a major disaster has been de3 clared in accordance with section 401 of the Rob4 ert T. Stafford Disaster Relief and Emergency 

5 Assistance Act due to the effects of Hurricane 

6 Katrina, may be granted temporary relief from 

7 requirements that are rendered infeasible or un8 reasonable due to the effects of Hurricane 

9 Katrina, including due diligence requirements 

10 and reporting deadlines. 

11 (b) CONSTRUCTION.—Nothing in this section shall be 

12 construed to allow the Secretary to waive or modify any 

13 applicable statutory or regulatory requirements prohibiting 

14 discrimination in a program or activity, or in employment 

15 or contracting, under existing law (in existence on the date 

16 of the Secretary’s action). 

17 (c) CONSULTATION.—Prior to granting any waiver or 

18 modification under this section, the Secretary shall consult 

19 with the Committee on Health, Education, Labor, and Pen20 sions and the Committee on Appropriations of the Senate 

21 and the Committee on Education and the Workforce and 

22 the Committee on Appropriations of the House of Rep23 resentatives with respect to waivers or modifications under 

24 this section. 
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1 SEC. 1055. NOTICE OF WAIVERS, MODIFICATIONS, OR EX2 TENSIONS. 

3 Notwithstanding section 437 of the General Education 

4 Provisions Act (20 U.S.C. 1232) and section 553 of title 

5 5, United States Code, the Secretary shall make publicly 

6 available the waivers, modifications, or extensions granted 

7 under section 1053 or 1054. 

8 SEC. 1056. REGULATORY REQUIREMENTS INAPPLICABLE. 

9 Sections 482(c) and 492 of the Higher Education Act 

10 of 1965 (20 U.S.C. 1089(c), 1098a), section 437 of the Gen11 eral Education Provisions Act (20 U.S.C. 1232), and sec12 tion 553 of title 5, United States Code, shall not apply to 

13 this part. 

14 SEC. 1057. DEPARTMENT OF EDUCATION INSPECTOR GEN15 ERAL AUDIT AND REPORT. 

16 (a) IN GENERAL.—The Inspector General of the De17 partment of Education (referred to in this section as the 

18 ‘‘Inspector General’’) shall conduct an audit and investiga19 tion of each program carried out by the Department of Edu20 cation that includes response and recovery activities related 

21 to Hurricane Katrina. 

22 (b) WEEKLY REPORT.—Not less frequently than once 

23 a week, the Inspector General shall provide a report to the 

24 Committee on Health, Education, Labor, and Pensions and 

25 the Committee on Appropriations of the Senate and the 

26 Committee on Education and the Workforce and the Com-
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1 mittee on Appropriations of the House of Representatives 

2 listing the audits and investigations initiated pursuant to 

3 subsection (a). 

4 (c) STATUS REPORT.—Not later than 6 months after 

5 the date of enactment of this Act, and biannually thereafter 

6 until the audits and investigations described in subsection 

7 (a) are complete, the Inspector General shall report to the 

8 Committee on Health, Education, Labor, and Pensions and 

9 the Committee on Appropriations of the Senate and the 

10 Committee on Education and the Workforce and the Com11 mittee on Appropriations of the House of Representatives 

12 on the full status of the activities of the Inspector General 

13 under this section. 

14 (d) COOPERATIVE VENTURES.—In carrying out this 

15 section, the Inspector General is encouraged to enter into 

16 cooperative ventures with Inspectors General of other Fed17 eral agencies. 

18 SEC. 1058. SUNSET PROVISION. 

19 Except as otherwise provided in this part, the provi20 sions of this part shall be effective for the period beginning 

21 on the date of enactment of this Act and ending on Sep22 tember 30, 2006. 
Calendar No. 300 

109TH CONGRESS 

1ST SESSION S. 1614 

A BILL 

To extend the authorization of programs under the 

purposes. Higher Education Act of 1965, and for other 

NOVEMBER 17, 2005 

Reported with an amendment