I 

109TH CONGRESS 

1ST SESSION H. R. 507

To amend and extend the Higher Education Act of 1965. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 2, 2005

Mr. BOEHNER (for himself and Mr. MCKEON) introduced the following bill; 

which was referred to the Committee on Education and the Workforce 

A BILL

To amend and extend the Higher Education Act of 1965.

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘College Access and Opportunity Act of 2005’’. 

6 (b) TABLE OF CONTENTS.—

Sec. 1. Short title; table of contents. 

Sec. 2. References; effective date. 

TITLE I—GENERAL PROVISIONS 

Sec. 101. Definition of institution of higher education. 

‘‘Sec. 101. Definition of institution of higher education. 

‘‘Sec. 102. Institutions outside the United States. 

‘‘Sec. 123. Restrictions on funds for for-profit schools. 

Sec. 102. New borrower definition. 

Sec. 103. Student speech and association rights. 
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Sec. 104. Extension of National Advisory Committee on Institutional Quality 

and Integrity. 

Sec. 105. Alcohol and drug abuse prevention. 

Sec. 106. Prior rights and obligations. 

Sec. 107. Consumer information and public accountability in higher education. 

‘‘Sec. 131. Consumer information and public accountability in higher education. 

Sec. 108. Performance-based organization. 

TITLE II—TEACHER PREPARATION 

Sec. 201. Teacher quality enhancement grants. 

‘‘PART A—TEACHER QUALITY ENHANCEMENT GRANTS FOR STATES AND

PARTNERSHIPS

‘‘Sec. 201. Purposes; definitions. 

‘‘Sec. 202. State grants. 

‘‘Sec. 203. Partnership grants. 

‘‘Sec. 204. Teacher recruitment grants. 

‘‘Sec. 205. Administrative provisions. 

‘‘Sec. 206. Accountability and evaluation. 

‘‘Sec. 207. Accountability for programs that prepare teachers. 

‘‘Sec. 208. State functions. 

‘‘Sec. 209. General provisions. 

‘‘Sec. 210. Authorization of appropriations. 

Sec. 202. Preparing tomorrow’s teachers to use technology. 

Sec. 203. Centers of excellence. 

‘‘PART C—CENTERS OF EXCELLENCE

‘‘Sec. 231. Purposes; definitions. 

‘‘Sec. 232. Centers of excellence. 

‘‘Sec. 233. Authorization of appropriations. 

Sec. 204. Transition. 

TITLE III—INSTITUTIONAL AID 

Sec. 301. Title III grants for American Indian Tribally Controlled Colleges and 

Universities. 

Sec. 302. Alaska Native and Native Hawaiian-serving institutions. 

Sec. 303. Grants to part B institutions. 

Sec. 304. Technical amendments. 

Sec. 305. Title III authorizations. 

TITLE IV—STUDENT ASSISTANCE 

PART A—GRANTS TO STUDENTS

Sec. 401. Pell Grants. 

‘‘Sec. 401A. Pell Grants Plus: achievement grants for State scholars. 

Sec. 402. TRIO programs. 

Sec. 403. GEARUP. 

Sec. 404. Federal Supplemental Educational Opportunity Grants. 

Sec. 405. LEAP. 

Sec. 406. HEP/CAMP program. 

Sec. 407. Byrd Scholarship. 

Sec. 408. Child care access. 
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Sec. 409. Learning anytime anywhere partnerships. 

Sec. 410. Technical amendments. 

PART B—FEDERAL FAMILY EDUCATION LOAN PROGRAM

Sec. 421. Reauthorization of Federal Family Education Loan Program. 

Sec. 422. Loan limits. 

Sec. 423. Interest rates and special allowances. 

Sec. 424. Additional loan terms and conditions. 

Sec. 425. Consolidation loan changes. 

Sec. 426. Unsubsidized Stafford loans. 

Sec. 427. Elimination of termination dates from Taxpayer-Teacher Protection 

Act of 2004. 

Sec. 428. Additional administrative provisions. 

PART C—FEDERAL WORK-STUDY PROGRAMS

Sec. 441. Authorization of appropriations. 

Sec. 442. Community service. 

Sec. 443. Allocation of funds. 

Sec. 444. Books and supplies. 

Sec. 445. Job location and development. 

Sec. 446. Work colleges. 

PART D—FEDERAL DIRECT LOAN PROGRAM

Sec. 451. Reauthorization of the Direct Loan Program. 

PART E—FEDERAL PERKINS LOAN PROGRAM

Sec. 461. Reauthorization of program. 

Sec. 462. Loan terms and conditions. 

Sec. 463. Loan cancellation. 

Sec. 464. Technical amendments. 

PART F—NEED ANALYSIS

Sec. 471. Simplified needs test improvements. 

Sec. 472. Additional need analysis amendments. 

PART G—GENERAL PROVISIONS RELATING TO STUDENT FINANCIAL

ASSISTANCE

Sec. 481. Definition of academic year. 

Sec. 482. Distance education. 

Sec. 483. Expanding information dissemination regarding eligibility for Pell 

Grants. 

Sec. 484. Student eligibility. 

Sec. 485. Institutional refunds. 

Sec. 486. Institutional and financial assistance information for students. 

Sec. 487. College access initiative. 

‘‘Sec. 485D. College access initiative. 

Sec. 488. Distance education demonstration program. 

Sec. 489. College affordability demonstration program. 

‘‘Sec. 486A. College affordability demonstration program. 

Sec. 490. Program participation agreements. 

Sec. 491. Additional technical and conforming amendments. 
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PART H—PROGRAM INTEGRITY

Sec. 495. Accreditation. 

TITLE V—DEVELOPING INSTITUTIONS 

Sec. 501. Definitional changes. 

Sec. 502. Assurance of enrollment of needy students. 

Sec. 503. Additional amendments. 

Sec. 504. Title V authorization. 

TITLE VI—TITLE VI AMENDMENTS 

Sec. 601. International and foreign language studies. 

Sec. 602. Business and international education programs. 

Sec. 603. Institute for International Public Policy. 

‘‘Sec. 621. Program for foreign service professionals. 

Sec. 604. Evaluation, outreach, and dissemination. 

‘‘Sec. 632. Evaluation, outreach, and dissemination. 

Sec. 605. Advisory Board. 

‘‘Sec. 633. International Higher Education Advisory Board. 

Sec. 606. Recruiter access to students and student recruiting information; safety. 

‘‘Sec. 634. Recruiter access to students and student recruiting information. 

‘‘Sec. 635. Student safety. 

Sec. 607. National study of foreign language heritage communities. 

‘‘Sec. 636. National study of foreign language heritage communities. 

TITLE VII—TITLE VII AMENDMENTS 

Sec. 701. Javits fellowship program. 

Sec. 702. Graduate assistance in areas of national need. 

Sec. 703. Thurgood marshall legal educational opportunity program. 

Sec. 704. Fund for the improvement of postsecondary education. 

Sec. 705. Urban community service. 

Sec. 706. Demonstration projects to ensure students with disabilities receive a 

quality higher education. 

TITLE VIII—CLERICAL AMENDMENTS 

Sec. 801. Clerical amendments. 

TITLE IX—AMENDMENTS TO OTHER EDUCATION LAWS 

PART A—EDUCATION OF THE DEAF ACT OF 1986

Sec. 901. Laurent Clerc National Deaf Education Center. 

Sec. 902. Authority. 

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

Sec. 904. Definitions. 

Sec. 905. Audit. 

Sec. 906. Reports. 

Sec. 907. Liaison for educational programs. 

Sec. 908. Federal endowment programs for Gallaudet University and the National Technical Institute for the Deaf. 

Sec. 909. Oversight and effect of agreements. 

Sec. 910. Authorization of appropriations. 
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PART B—ADDITIONAL EDUCATION LAWS

Sec. 921. Amendment to Higher Education Amendments of 1998. 

Sec. 922. Tribally Controlled College or University Assistance Act of 1978. 

Sec. 923. Navajo Community College Act. 

Sec. 924. Education Amendments of 1992. 

Sec. 925. Study of student learning outcomes and public accountability.

1 SEC. 2. REFERENCES; EFFECTIVE DATE. 

2 (a) REFERENCES.—Except as otherwise expressly 

3 provided, whenever in this Act an amendment or repeal 

4 is expressed in terms of an amendment to, or repeal of, 

5 a section or other provision, the reference shall be consid6 ered to be made to a section or other provision of the 

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

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

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

10 effect on the date of enactment of this Act. 

11 TITLE I—GENERAL PROVISIONS 

12 SEC. 101. DEFINITION OF INSTITUTION OF HIGHER EDU13 CATION. 

14 (a) AMENDMENT.—Title I is amended by striking 

15 sections 101 and 102 (20 U.S.C. 1001, 1002) and insert16 ing the following: 

17 ‘‘SEC. 101. DEFINITION OF INSTITUTION OF HIGHER EDU18 CATION. 

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

20 purposes of this Act, the term ‘institution of higher edu21 cation’ means an educational institution in any State 

22 that—
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1 ‘‘(1) admits as regular students only persons 

2 who—

3 ‘‘(A) meet the requirements of section 

4 484(d)(3), or have a certificate of graduation 

5 from a school providing secondary education, or 

6 the recognized equivalent of such a certificate; 

7 or 

8 ‘‘(B) are beyond the age of compulsory 

9 school attendance in the State in which the in10 stitution is located; 

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

12 provide a program of education beyond secondary 

13 education; 

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

15 accrediting agency or association; or 

16 ‘‘(B) if not so accredited, is a public or non17 profit institution that has been granted 

18 preaccreditation status by such an agency or asso19 ciation that has been recognized by the Secretary for 

20 the granting of preaccreditation status, and the Sec21 retary has determined that there is satisfactory as22 surance that the institution will meet the accredita23 tion standards of such an agency or association 

24 within a reasonable time; and 

25 ‘‘(4) meets either of the following criteria: 
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1 ‘‘(A) is a nonprofit, for-profit, or public in2 stitution that—

3 ‘‘(i) provides an educational program 

4 for which the institution awards a bach5 elor’s degree; 

6 ‘‘(ii) provides not less than a 2-year 

7 educational program which is acceptable 

8 for full credit towards such a degree; or 

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

10 program of training that prepares students 

11 for gainful employment in a recognized oc12 cupation; or 

13 ‘‘(B) is a nonprofit, for-profit, or public in14 stitution that provides an eligible program (as 

15 defined in section 481)—

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

17 certificate; and 

18 ‘‘(ii) that prepares students for gain19 ful employment in a recognized occupation. 

20 ‘‘(b) ADDITIONAL LIMITATIONS.—

21 ‘‘(1) FOR-PROFIT POSTSECONDARY INSTITU22 TIONS.—

23 ‘‘(A) DURATION OF ACCREDITATION.—A 

24 for-profit institution shall not be considered to 

25 be an institution of higher education unless 
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1 such institution is accredited by a nationally 

2 recognized accrediting agency or association 

3 and such institution has been in existence for at 

4 least 2 years. 

5 ‘‘(B) INSTITUTIONAL ELIGIBILITY ONLY

6 FOR COMPETITIVE GRANTS.—For the purposes 

7 of any program providing grants to institutions 

8 for use by the institution (and not for distribu9 tion among students), a for-profit institution 

10 shall not be considered to be an institution of 

11 higher education under this section if such 

12 grants are awarded on any basis other than 

13 competition on the merits of the grant proposal 

14 or application. 

15 ‘‘(2) POSTSECONDARY VOCATIONAL INSTITU16 TIONS.—A nonprofit or public institution that meets 

17 the criteria of subsection (a)(4)(B) shall not be con18 sidered to be an institution of higher education un19 less such institution has been in existence for at 

20 least 2 years. 

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

22 An institution shall not be considered to meet the 

23 definition of an institution of higher education in 

24 this section if—
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1 ‘‘(A) the institution, or an affiliate of the 

2 institution that has the power, by contract or 

3 ownership interest, to direct or cause the direc4 tion of the management or policies of the insti5 tution, has filed for bankruptcy, except that 

6 this paragraph shall not apply to a nonprofit in7 stitution, the primary function of which is to 

8 provide health care educational services (or an 

9 affiliate of such an institution that has the 

10 power, by contract or ownership interest, to di11 rect or cause the direction of the institution’s 

12 management or policies) that filed for bank13 ruptcy under chapter 11 of title 11, United 

14 States Code, between July 1, 1998, and Decem15 ber 1, 1998; or 

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

17 owner, or the institution’s chief executive officer 

18 has been convicted of, or has pled nolo 

19 contendere or guilty to, a crime involving the 

20 acquisition, use, or expenditure of Federal 

21 funds, or has been judicially determined to have 

22 committed a crime involving the acquisition, 

23 use, or expenditure involving Federal funds. 

24 ‘‘(4) LIMITATION ON COURSE OF STUDY OR EN25 ROLLMENT.—An institution shall not be considered 
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1 to meet the definition of an institution of higher 

2 education in subsection (a) if such institution—

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

4 institution’s courses by correspondence (exclud5 ing courses offered by telecommunications as 

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

7 an institution that meets the definition in sec8 tion 3(3)(C) of the Carl D. Perkins Vocational 

9 and Technical Education Act of 1998; 

10 ‘‘(B) enrolls 50 percent or more of the in11 stitution’s students in correspondence courses 

12 (excluding courses offered by telecommuni13 cations as defined in 484(l)(4)), unless the in14 stitution is an institution that meets the defini15 tion in section 3(3)(C) of the Carl D. Perkins 

16 Vocational and Technical Education Act of 

17 1998, except that the Secretary, at the request 

18 of the institution, may waive the applicability of 

19 this subparagraph to the institution for good 

20 cause, as determined by the Secretary in the 

21 case of an institution of higher education that 

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

23 (or both) for which the institution awards an 

24 associate or baccalaureate degree, respectively; 
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1 ‘‘(C) has a student enrollment in which 

2 more than 25 percent of the students are incar3 cerated, except that the Secretary may waive 

4 the limitation contained in this subparagraph 

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

6 program of instruction (or both) for which the 

7 institution awards a bachelor’s degree, or an as8 sociate’s degree or a postsecondary certificate, 

9 respectively; or 

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

11 more than 50 percent of the students either do 

12 not meet the requirements of section 484(d)(3) 

13 or do not have a secondary school diploma or 

14 its recognized equivalent, and does not provide 

15 a 2- or 4-year program of instruction (or both) 

16 for which the institution awards an associate’s 

17 degree or a bachelor’s degree, respectively, ex18 cept that the Secretary may waive the limita19 tion contained in this subparagraph if an insti20 tution demonstrates to the satisfaction of the 

21 Secretary that the institution exceeds such limi22 tation because the institution serves, through 

23 contracts with Federal, State, or local govern24 ment agencies, significant numbers of students 

25 who do not meet the requirements of section 
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1 484(d)(3) or do not have a secondary school di2 ploma or its recognized equivalent. 

3 ‘‘(c) LIST OF ACCREDITING AGENCIES.—For pur4 poses of this section, the Secretary shall publish a list of 

5 nationally recognized accrediting agencies or associations 

6 that the Secretary determines, pursuant to subpart 2 of 

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

8 of the education or training offered. 

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

10 for the purposes of participation in title IV, an institu11 tion’s qualification as an institution of higher education 

12 in accordance with the requirements of subpart 3 of part 

13 H of title IV. 

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

15 education shall not be considered to meet the definition 

16 of an institution of higher education in this section for 

17 the purposes of participation in title IV if such institution 

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

19 result of an action pursuant to part H of title IV. 

20 ‘‘SEC. 102. INSTITUTIONS OUTSIDE THE UNITED STATES. 

21 ‘‘(a) INSTITUTIONS OUTSIDE THE UNITED

22 STATES.—

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

24 United States shall be considered to be an institu25 tion of higher education only for purposes of part B 
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1 of title IV if the institution is comparable to an in2 stitution of higher education, as defined in section 

3 101, is legally authorized by the education ministry 

4 (or comparable agency) of the country in which the 

5 school is located, and has been approved by the Sec6 retary for purposes of that part. The Secretary shall 

7 establish criteria by regulation for that approval and 

8 that determination of comparability. An institution 

9 may not be so approved or determined to be com10 parable unless such institution is a public or non11 profit institution, except that, subject to paragraph 

12 (2)(B), a graduate medical school or veterinary 

13 school located outside the United States may be a 

14 for-profit institution. 

15 ‘‘(2) MEDICAL AND VETERINARY SCHOOL CRI16 TERIA.—In the case of a graduate medical or veteri17 nary school outside the United States, such criteria 

18 shall include a requirement that a student attending 

19 such school outside the United States is ineligible 

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

21 of title IV unless—

22 ‘‘(A) in the case of a graduate medical 

23 school located outside the United States—

24 ‘‘(i)(I) at least 60 percent of those en25 rolled in, and at least 60 percent of the 
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1 graduates of, the graduate medical school 

2 outside the United States were not persons 

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

4 preceding the year for which a student is 

5 seeking a loan under part B of title IV; 

6 and 

7 ‘‘(II) at least 60 percent of the indi8 viduals who were students or graduates of 

9 the graduate medical school outside the 

10 United States or Canada (both nationals of 

11 the United States and others) taking the 

12 examinations administered by the Edu13 cational Commission for Foreign Medical 

14 Graduates received a passing score in the 

15 year preceding the year for which a stu16 dent is seeking a loan under part B of title 

17 IV; or 

18 ‘‘(ii) the institution has a clinical 

19 training program that was approved by a 

20 State as of January 1, 1992; or 

21 ‘‘(B) in the case of a veterinary school lo22 cated outside the United States that is not a 

23 public or nonprofit institution, the institution’s 

24 students complete their clinical training at an 
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1 approved veterinary school located in the 

2 United States. 

3 ‘‘(b) ADVISORY PANEL.—

4 ‘‘(1) IN GENERAL.—For the purpose of quali5 fying a foreign medical school as an institution of 

6 higher education only for purposes of part B of title 

7 IV, the Secretary shall publish qualifying criteria by 

8 regulation and establish an advisory panel of medical 

9 experts that shall—

10 ‘‘(A) evaluate the standards of accredita11 tion applied to applicant foreign medical 

12 schools; and 

13 ‘‘(B) determine the comparability of those 

14 standards to standards for accreditation applied 

15 to United States medical schools. 

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

17 The failure of an institution outside the United 

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

19 Secretary of such information as may be required by 

20 subsection (a)(2) shall render such institution ineli21 gible for the purpose of part B of title IV. 

22 ‘‘(c) SPECIAL RULE.—If, pursuant to this section, an 

23 institution located outside the United States loses eligi24 bility to participate in the programs under part B of title 

25 IV, then a student enrolled at such institution may, not-
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1 withstanding such loss of eligibility, continue to be eligible 

2 to receive a loan under part B of title IV while attending 

3 such institution for the academic year succeeding the aca4 demic year in which such loss of eligibility occurred.’’. 

5 (b) RESTRICTIONS ON FUNDS FOR FOR-PROFIT

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

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

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

9 SCHOOLS. 

10 ‘‘(a) IN GENERAL.—Notwithstanding any other pro11 vision of this Act authorizing the use of funds by an insti12 tution of higher education that receives funds under this 

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

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

15 for—

16 ‘‘(1) construction, maintenance, renovation, re17 pair, or improvement of classrooms, libraries, labora18 tories, or other facilities; 

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

20 endowment fund; or 

21 ‘‘(3) establishing or improving an institutional 

22 development office to strengthen or improve con23 tributions from alumni and the private sector. 

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

25 funds received by the institution from the grant, loan, or 
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1 work assistance that is awarded under title IV to the stu2 dents attending such institution.’’. 

3 (c) CONFORMING AMENDMENTS.—

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

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

6 (2) Section 428K(b) (20 U.S.C. 1078–11(b)) is 

7 amended by striking paragraph (5). 

8 (3) Section 435(a)(1) (20 U.S.C. 1085(a)(1)) is 

9 amended by striking ‘‘section 102’’ and inserting 

10 ‘‘section 101’’. 

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

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

13 heading of such subsection and inserting the fol14 lowing: 

15 ‘‘(d) SATISFACTION OF SECONDARY EDUCATION

16 STANDARDS.—’’. 

17 (5) Section 486(b)(2) (20 U.S.C. 1093(b)(2)) is 

18 amended by striking ‘‘102(a)(3)(A), 102(a)(3)(B)’’ 

19 and inserting ‘‘101(b)(4)(A), 101(b)(4)(B)’’. 

20 (6) Section 487(c)(1)(A)(iii) (20 U.S.C. 

21 1094(c)(1)(A)(iii)) is amended by striking ‘‘section 

22 102(a)(1)(C)’’ and inserting ‘‘section 102’’. 

23 (7) Section 487(d) (20 U.S.C. 1094(d)) is 

24 amended by striking ‘‘section 102’’ and inserting 

25 ‘‘section 101’’. 
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1 (8) Subsections (j) and (k) of section 496 (20 

2 U.S.C. 1099b(j), (k)) are each amended by striking 

3 ‘‘section 102’’ and inserting ‘‘section 101’’. 

4 (9) Section 498(g)(3) (20 U.S.C. 1099c(g)(3)) 

5 is amended by striking ‘‘section 102(a)(1)(C)’’ and 

6 inserting ‘‘section 102’’. 

7 (10) Section 498(i) (20 U.S.C. 1099c(i)) is 

8 amended by striking ‘‘section 102’’ and inserting 

9 ‘‘section 101’’. 

10 (11) Section 498(j)(1) (20 U.S.C. 1099c) is 

11 amended by striking ‘‘except that such branch shall 

12 not be required to meet the requirements of sections 

13 102(b)(1)(E) and 102(c)(1)(C) prior to seeking such 

14 certification’’ and inserting ‘‘except that such branch 

15 shall not be required to be in existence for at least 

16 2 years prior to seeking such certification’’. 

17 (12) Section 498B(b) (20 U.S.C. 1099c–2(b)) 

18 is amended by striking ‘‘section 102(a)(1)(C)’’ and 

19 inserting ‘‘section 102’’. 

20 SEC. 102. NEW BORROWER DEFINITION. 

21 Paragraph (7) of section 103 (20 U.S.C. 1003) is 

22 amended to read as follows: 

23 ‘‘(7) NEW BORROWER.—The term ‘new bor24 rower’ when used with respect to any date for any 

25 loan under any provision of—
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1 ‘‘(A) part B or part D of title IV means 

2 an individual who on that date has no out3 standing balance of principal or interest owing 

4 on any loan made, insured, or guaranteed under 

5 either of those parts; and 

6 ‘‘(B) part E of title IV means an indi7 vidual who on that date has no outstanding bal8 ance of principal or interest owing on any loan 

9 made under that part.’’. 

10 SEC. 103. STUDENT SPEECH AND ASSOCIATION RIGHTS. 

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

12 (1) by amending subsection (a) to read as fol13 lows: 

14 ‘‘(a) PROTECTION OF RIGHTS.—It is the sense of 

15 Congress that—

16 ‘‘(1) no student attending an institution of 

17 higher education on a full- or part-time basis should, 

18 on the basis of participation in protected speech or 

19 protected association, be excluded from participation 

20 in, be denied the benefits of, or be subjected to dis21 crimination or official sanction under any education 

22 program, activity, or division of the institution di23 rectly or indirectly receiving financial assistance 

24 under this Act, whether or not such program, activ-
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1 ity, or division is sponsored or officially sanctioned 

2 by the institution; and 

3 ‘‘(2) an institution of higher education should 

4 ensure that a student attending such institution on 

5 a full- or part-time basis is—

6 ‘‘(A) evaluated solely on the basis of their 

7 reasoned answers and knowledge of the subjects 

8 and disciplines they study and without regard 

9 to their political, ideological, or religious beliefs; 

10 ‘‘(B) assured that the selection of speakers 

11 and allocation of funds for speakers, programs, 

12 and other student activities will utilize methods 

13 that promote intellectual pluralism and include 

14 diverse viewpoints; 

15 ‘‘(C) presented diverse approaches and dis16 senting sources and viewpoints within the in17 structional setting; and 

18 ‘‘(D) not excluded from participation in, 

19 denied the benefits of, or subjected to discrimi20 nation or official sanction on the basis of their 

21 political or ideological beliefs under any edu22 cation program, activity, or division of the insti23 tution directly or indirectly receiving financial 

24 assistance under this Act, whether or not such 
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1 program, activity, or division is sponsored or of2 ficially sanctioned by the institution.’’; and 

3 (2) in subsection (b)(1), by inserting after 

4 ‘‘higher education’’ the following: ‘‘, provided that 

5 the imposition of such sanction is done objectively, 

6 fairly, and without regard to the student’s political, 

7 ideological, or religious beliefs’’. 

8 SEC. 104. EXTENSION OF NATIONAL ADVISORY COMMITTEE 

9 ON INSTITUTIONAL QUALITY AND INTEGRITY. 

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

11 striking ‘‘2004’’ and inserting ‘‘2012’’. 

12 SEC. 105. ALCOHOL AND DRUG ABUSE PREVENTION. 

13 Section 120(e)(5) (20 U.S.C. 1011i(e)(5)) is amend14 ed—

15 (1) by striking ‘‘1999’’ and inserting ‘‘2006’’; 

16 and 

17 (2) by striking ‘‘4 succeeding fiscal years’’ and 

18 inserting ‘‘5 succeeding fiscal years’’. 

19 SEC. 106. PRIOR RIGHTS AND OBLIGATIONS. 

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

21 striking ‘‘1999 and for each of the 4’’ each place it ap22 pears and inserting ‘‘2006 and for each of the 5’’. 
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1 SEC. 107. CONSUMER INFORMATION AND PUBLIC AC2 COUNTABILITY IN HIGHER EDUCATION. 

3 Section 131 (20 U.S.C. 1015) is amended to read as 

4 follows: 

5 ‘‘SEC. 131. CONSUMER INFORMATION AND PUBLIC AC6 COUNTABILITY IN HIGHER EDUCATION. 

7 ‘‘(a) DATA COLLECTION.—

8 ‘‘(1) DATA SYSTEMS.—The Secretary shall con9 tinue to redesign the relevant parts of the postsec10 ondary education data systems to include additional 

11 data as required by this section and to continue to 

12 improve the usefulness and timeliness of data col13 lected by such systems. 

14 ‘‘(2) INFORMATION FROM INSTITUTIONS.—The 

15 Commissioner of Education Statistics shall collect, 

16 for each academic year and in accordance with 

17 standard definitions developed by the Commissioner 

18 of Education Statistics (including definitions devel19 oped under section 131(a)(3)(A) as in effect on the 

20 day before the date of enactment of the College Ac21 cess and Opportunity Act of 2005) from at least all 

22 institutions of higher education participating in pro23 grams under title IV, and such institutions shall 

24 provide, the following data: 

25 ‘‘(A) The tuition and fees charged for a 

26 full-time undergraduate student. 
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1 ‘‘(B) The room and board charges for such 

2 a student. 

3 ‘‘(C) The cost of attendance for a full-time 

4 undergraduate student, consistent with the pro5 visions of section 472. 

6 ‘‘(D) The average amount of financial as7 sistance received by a full-time undergraduate 

8 student, including—

9 ‘‘(i) each type of assistance or benefits 

10 described in 428(a)(2)(C)(ii); 

11 ‘‘(ii) fellowships; 

12 ‘‘(iii) institutional and other assist13 ance; and 

14 ‘‘(iv) loans under parts B and D. 

15 ‘‘(E) The number of students receiving fi16 nancial assistance described in each clause of 

17 subparagraph (D). 

18 ‘‘(F) The average net price for students re19 ceiving Federal, State, or institutional financial 

20 assistance. 

21 ‘‘(G) The institutional instructional ex22 penditure per full-time equivalent student. 

23 ‘‘(b) DATA DISSEMINATION.—The Secretary shall 

24 make available the data collected pursuant to this section, 

25 including an institution’s college affordability index as cal-
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1 culated in accordance with subsection (c). Such data shall 

2 be made available in a manner that permits the review 

3 and comparison of data submissions of individual institu4 tions of higher education. Such data shall be presented 

5 in a form that is easily accessible and understandable and 

6 allows parents and students to make informed decisions 

7 based on the prices for typical full-time undergraduate 

8 students and the institution’s rate of cost increase. 

9 ‘‘(c) COLLEGE AFFORDABILITY INDEX.—

10 ‘‘(1) IN GENERAL.—The Secretary shall, on the 

11 basis of the data submitted under subsection (a), 

12 calculate a college affordability index for each insti13 tution of higher education submitting such data and 

14 shall make the index available in accordance with 

15 subsection (b) as soon as operationally possible on 

16 the Department’s college opportunity online Web 

17 site. 

18 ‘‘(2) CALCULATION OF INDEX.—The college af19 fordability index shall be equal to—

20 ‘‘(A) the percentage increase in the tuition 

21 and fees charged for a first-time, full-time, full22 year undergraduate student between the first of 

23 the 3 most recent preceding academic years and 

24 the last of those 3 academic years; divided by 
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1 ‘‘(B) the percentage increase in the Con2 sumer Price Index—All Urban Consumers 

3 (Current Series) from July of the first of those 

4 3 academic years to July of the last of those 3 

5 academic years. 

6 ‘‘(d) OUTCOMES AND ACTIONS.—

7 ‘‘(1) RESPONSE FROM INSTITUTION.—Effective 

8 on June 30, 2009, an institution that has a college 

9 affordability index that exceeds 2.0 for any 3-year 

10 interval ending on or after that date shall provide a 

11 report to the Secretary, in such a form, at such 

12 time, and containing such information as the Sec13 retary may require. Such report shall include—

14 ‘‘(A) an explanation of the factors contrib15 uting to the increase in the institution’s costs 

16 and in the tuition and fees charged to students; 

17 ‘‘(B) a management plan stating the spe18 cific steps the institution is and will be taking 

19 to reduce its college affordability index; 

20 ‘‘(C) an action plan, including a schedule, 

21 by which the institution will reduce increases in 

22 or stabilize, such costs and tuition and fees; and 

23 ‘‘(D) if determinations of tuition and fee 

24 increases are not within the exclusive control of 

25 the institution, a description of the agency or 
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1 instrumentality of State government or other 

2 entity that participates in such determinations 

3 and the authority exercised by such agency, in4 strumentality, or entity. 

5 ‘‘(2) INFORMATION TO THE PUBLIC.—Upon re6 ceipt of the institution’s report and management 

7 plan under paragraph (1), the Secretary shall make 

8 the institution’s report required under paragraph (1) 

9 available to the public in accordance with subsection 

10 (b). 

11 ‘‘(3) CONSEQUENCES FOR 2-YEAR CONTINU12 ATION OF FAILURE.—If the Secretary determines 

13 that the institution has failed to comply with the 

14 management plan and action plan submitted by the 

15 institution under this subsection following the next 

16 2 academic years that begin after the submission of 

17 such plans, and has failed to reduce the college af18 fordability index below 2.0 for such 2 academic 

19 years, the Secretary—

20 ‘‘(A) shall make available to the public a 

21 detailed report provided by the institution on all 

22 costs and expenditures, and on all tuition and 

23 fees charged to students, for such 2 academic 

24 years; 
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1 ‘‘(B) shall place the institution on an af2 fordability alert status and shall make the in3 formation regarding the institution’s failure 

4 available in accordance with subsection (b); 

5 ‘‘(C) shall notify the institution’s accred6 iting agency of the institution’s failure; and 

7 ‘‘(D) may require the institution to submit 

8 to a review and audit by the Inspector General 

9 of the Department of Education to determine 

10 the cause of the institution’s failure. 

11 ‘‘(4) INFORMATION TO STATE AGENCIES.—Any 

12 institution that reports under paragraph (1)(D) that 

13 an agency or instrumentality of State government or 

14 other entity participates in the determinations of tui15 tion and fee increases shall, prior to submitting any 

16 information to the Secretary under this subsection, 

17 submit such information to, and request the com18 ments and input of, such agency, instrumentality, or 

19 entity. With respect to any such institution, the Sec20 retary shall provide a copy of any communication by 

21 the Secretary with that institution to such agency, 

22 instrumentality, or entity. 

23 ‘‘(5) EXEMPTIONS.—

24 ‘‘(A) RELATIVE PRICE EXEMPTION.—The 

25 Secretary shall, for any 3-year interval for 
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1 which college affordability indexes are computed 

2 under paragraph (1), determine and publish the 

3 dollar amount that, for each class of institution 

4 described in subparagraph (C) represents the 

5 maximum tuition and fees charged for a full6 time undergraduate student in the least costly 

7 quartile of institutions within each such class 

8 during the last year of such 3-year interval. An 

9 institution that has a college affordability index 

10 computed under paragraph (1) that exceeds 2.0 

11 for any such 3-year interval, but that, on aver12 age during such 3-year interval, charges less 

13 than such maximum tuition and fees shall not 

14 be subject to the actions required by subpara15 graph (B) or (C) of paragraph (1), or any ac16 tion under paragraph (3), unless such institu17 tion, for a subsequent 3-year interval, charges 

18 more than such maximum tuition and fees. 

19 ‘‘(B) DOLLAR INCREASE EXEMPTION.—An 

20 institution that has a college affordability index 

21 computed under paragraph (1) that exceeds 2.0 

22 for any 3-year interval, but that exceeds such 

23 2.0 by a dollar amount that is less than $500, 

24 shall not be subject to the actions required by 

25 subparagraph (B) or (C) of paragraph (1), or 
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1 any action under paragraph (3), unless such in2 stitution has a college affordability index for a 

3 subsequent 3-year interval that exceeds 2.0 by 

4 more than such dollar amount. 

5 ‘‘(C) CLASSES OF INSTITUTIONS.—For 

6 purposes of subparagraph (B), the classes of in7 stitutions shall be those sectors used by the In8 tegrated Postsecondary Education Data Sys9 tem, based on whether the institution is public, 

10 nonprofit private, or for-profit private, and 

11 whether the institution has a 4-year, 2-year, or 

12 less than 2-year program of instruction. 

13 ‘‘(e) FINES.—In addition to actions authorized in 

14 section 487(c), the Secretary may impose a fine in an 

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

16 education for failing to provide the information described 

17 in this section in a timely and accurate manner, or for 

18 failing to otherwise cooperate with the National Center for 

19 Education Statistics regarding efforts to obtain data on 

20 the cost and price of higher education under this section 

21 and pursuant to the program participation agreement en22 tered into under section 487. 

23 ‘‘(f) GAO STUDY AND REPORT.—

24 ‘‘(1) GAO STUDY.—The Comptroller General 

25 shall conduct a study of the policies and procedures 
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1 implemented by institutions in increasing the afford2 ability of postsecondary education. Such study shall 

3 include information with respect to—

4 ‘‘(A) a list of those institutions that—

5 ‘‘(i) have reduced their college afford6 ability indexes; or 

7 ‘‘(ii) are, as determined under sub8 section (d)(5)(A), within the least costly 

9 quartile of institutions within each class 

10 described in subsection (d)(5)(C); 

11 ‘‘(B) policies implemented to stem the in12 crease in tuition and fees and institutional 

13 costs; 

14 ‘‘(C) the extent to which room and board 

15 costs and prices changed; 

16 ‘‘(D) the extent to which other services 

17 were altered to affect tuition and fees; 

18 ‘‘(E) the extent to which the institution’s 

19 policies affected student body demographics and 

20 time to completion; 

21 ‘‘(F) what, if any, operational factors 

22 played a role in reducing tuition and fees; 

23 ‘‘(G) the extent to which academic quality 

24 was affected, and how; 
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1 ‘‘(H) the extent to which policies and prac2 tices reducing costs and prices may be rep3 licated from one institution to another; and 

4 ‘‘(I) other information as necessary to de5 termine best practices in increasing the afford6 ability of postsecondary education. 

7 ‘‘(2) INTERIM AND FINAL REPORTS.—The 

8 Comptroller General shall submit an interim and a 

9 final report regarding the findings of the study re10 quired by paragraph (1) to the appropriate author11 izing committees of Congress. The interim report 

12 shall be submitted not later than July 31, 2011, and 

13 the final report shall be submitted not later than 

14 July 31, 2013. 

15 ‘‘(g) STUDENT AID RECIPIENT SURVEY.—

16 ‘‘(1) SURVEY REQUIRED.—The Secretary shall 

17 conduct a survey of student aid recipients under title 

18 IV on a regular cycle and State-by-State basis, but 

19 not less than once every 4 years— 

20 ‘‘(A) to identify the population of students 

21 receiving Federal student aid; 

22 ‘‘(B) to describe the income distribution 

23 and other socioeconomic characteristics of fed24 erally aided students; 
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1 ‘‘(C) to describe the combinations of aid 

2 from State, Federal, and private sources re3 ceived by students from all income groups; 

4 ‘‘(D) to describe the debt burden of edu5 cational loan recipients and their capacity to 

6 repay their education debts, and the impact of 

7 such debt burden on career choices; 

8 ‘‘(E) to describe the role played by the 

9 price of postsecondary education in the deter10 mination by students of what institution to at11 tend; and 

12 ‘‘(F) to describe how the increased costs of 

13 textbooks and other instructional materials af14 fects the costs of postsecondary education to 

15 students. 

16 ‘‘(2) SURVEY DESIGN.—The survey shall be 

17 representative of full-time and part-time, under18 graduate, graduate, and professional and current 

19 and former students in all types of institutions, and 

20 designed and administered in consultation with the 

21 Congress and the postsecondary education commu22 nity. 

23 ‘‘(3) DISSEMINATION.—The Secretary shall dis24 seminate the information resulting from the survey 

25 in both printed and electronic form. 
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1 ‘‘(h) REGULATIONS.—The Secretary is authorized to 

2 issue such regulations as may be necessary to carry out 

3 the provisions of this section.’’. 

4 SEC. 108. PERFORMANCE-BASED ORGANIZATION. 

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

6 (1) in subsection (a)(2)(B)—

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

8 the’’; and 

9 (B) by inserting ‘‘and, to the extent prac10 ticable, the total costs of administering those 

11 programs’’ after ‘‘those programs’’; 

12 (2) in subsection (c)—

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

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

15 (B) in paragraph (1)(B), by inserting ‘‘sec16 ondary markets, guaranty agencies,’’ after 

17 ‘‘lenders,’’; and 

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

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

20 inserting ‘‘Chief Financial Officers Act of 

21 1990,’’ and by inserting before the period at the 

22 end the following: ‘‘, and other relevant stat23 utes’’; and 

24 (3) in subsection (f)(3)(A), by striking ‘‘para25 graph (1)(A)’’ and inserting ‘‘paragraph (1)’’. 
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1 TITLE II—TEACHER 

2 PREPARATION 

3 SEC. 201. TEACHER QUALITY ENHANCEMENT GRANTS. 

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

5 to read as follows: 

6 ‘‘PART A—TEACHER QUALITY ENHANCEMENT 

7 GRANTS FOR STATES AND PARTNERSHIPS 

8 ‘‘SEC. 201. PURPOSES; DEFINITIONS. 

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

10 ‘‘(1) improve student academic achievement; 

11 ‘‘(2) improve the quality of the current and fu12 ture teaching force by improving the preparation of 

13 prospective teachers and enhancing professional de14 velopment activities; 

15 ‘‘(3) hold institutions of higher education ac16 countable for preparing highly qualified teachers; 

17 and 

18 ‘‘(4) recruit qualified individuals, including mi19 norities and individuals from other occupations, into 

20 the teaching force. 

21 ‘‘(b) DEFINITIONS.—In this part: 

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

23 sciences’ means—

24 ‘‘(A) when referring to an organizational 

25 unit of an institution of higher education, any 
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1 academic unit that offers 1 or more academic 

2 majors in disciplines or content areas cor3 responding to the academic subject matter 

4 areas in which teachers provide instruction; and 

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

6 subject matter area, the disciplines or content 

7 areas in which academic majors are offered by 

8 the arts and science organizational unit. 

9 ‘‘(2) EXEMPLARY TEACHER.—The term ‘exem10 plary teacher’ has the meaning given such term in 

11 section 9101 of the Elementary and Secondary Edu12 cation Act of 1965 (20 U.S.C. 7801). 

13 ‘‘(3) HIGHLY QUALIFIED.—The term ‘highly 

14 qualified’ has the meaning given such term in sec15 tion 9101 of the Elementary and Secondary Edu16 cation Act of 1965 (20 U.S.C. 7801). 

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

19 means a local educational agency—

20 ‘‘(A)(i)(I) that serves not fewer than 

21 10,000 children from families with incomes 

22 below the poverty line; or 

23 ‘‘(II) for which not less than 25 percent of 

24 the children served by the agency are from fam25 ilies with incomes below the poverty line; 
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1 ‘‘(ii) that is among those serving the high2 est number or percentage of children from fam3 ilies with incomes below the poverty line in the 

4 State, but this clause applies only in a State 

5 that has no local educational agency meeting 

6 the requirements of clause (i); or 

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

8 in average daily attendance at the schools that 

9 are served by the agency and all of whose 

10 schools are designated with a school locale code 

11 of 7, as determined by the Secretary; and 

12 ‘‘(B)(i) for which there is a high percent13 age of teachers not teaching in the academic 

14 subjects or grade levels that the teachers were 

15 trained to teach; or 

16 ‘‘(ii) for which there is a high percentage 

17 of teachers with emergency, provisional, or tem18 porary certification or licensing. 

19 ‘‘(5) POVERTY LINE.—The term ‘poverty line’ 

20 means the poverty line (as defined by the Office of 

21 Management and Budget, and revised annually in 

22 accordance with section 673(2) of the Community 

23 Services Block Grant Act (42 U.S.C. 9902(2))) ap24 plicable to a family of the size involved. 
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1 ‘‘(6) PROFESSIONAL DEVELOPMENT.—The 

2 term ‘professional development’ has the meaning 

3 given such term in section 9101 of the Elementary 

4 and Secondary Education Act of 1965 (20 U.S.C. 

5 7801). 

6 ‘‘(7) SCIENTIFICALLY BASED READING RE7 SEARCH.—The term ‘scientifically based reading re8 search’ has the meaning given such term in section 

9 1208 of the Elementary and Secondary Education 

10 Act of 1965 (20 U.S.C. 6368). 

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

12 term ‘scientifically based research’ has the meaning 

13 given such term in section 9101 of the Elementary 

14 and Secondary Education Act of 1965 (20 U.S.C. 

15 7801). 

16 ‘‘(9) TEACHING SKILLS.—The term ‘teaching 

17 skills’ means skills that—

18 ‘‘(A) are based on scientifically based re19 search; 

20 ‘‘(B) enable teachers to effectively convey 

21 and explain subject matter content; 

22 ‘‘(C) lead to increased student academic 

23 achievement; and 

24 ‘‘(D) use strategies that—

25 ‘‘(i) are specific to subject matter; 
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1 ‘‘(ii) include ongoing assessment of 

2 student learning; 

3 ‘‘(iii) focus on identification and tai4 loring of academic instruction to students’s 

5 specific learning needs; and 

6 ‘‘(iv) focus on classroom management. 

7 ‘‘SEC. 202. STATE GRANTS. 

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

9 under section 210(1) for a fiscal year, the Secretary is 

10 authorized to award grants under this section, on a com11 petitive basis, to eligible States to enable the eligible 

12 States to carry out the activities described in subsection 

13 (d). 

14 ‘‘(b) ELIGIBLE STATE.—

15 ‘‘(1) DEFINITION.—In this part, the term ‘eligi16 ble State’ means—

17 ‘‘(A) the Governor of a State; or 

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

19 constitution or law of such State designates an20 other individual, entity, or agency in the State 

21 to be responsible for teacher certification and 

22 preparation activity, such individual, entity, or 

23 agency. 

24 ‘‘(2) CONSULTATION.—The Governor or the in25 dividual, entity, or agency designated under para-
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1 graph (1)(B) shall consult with the Governor, State 

2 board of education, State educational agency, or 

3 State agency for higher education, as appropriate, 

4 with respect to the activities assisted under this sec5 tion. 

6 ‘‘(3) CONSTRUCTION.—Nothing in this sub7 section shall be construed to negate or supersede the 

8 legal authority under State law of any State agency, 

9 State entity, or State public official over programs 

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

11 or official. 

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

13 under this section, an eligible State shall submit an appli14 cation to the Secretary that—

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

16 ‘‘(2) demonstrates that the State is in full com17 pliance with sections 207 and 208; 

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

19 State intends to use funds provided under this sec20 tion; 

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

22 of the funds provided under the grant; 

23 ‘‘(5) demonstrates the State has submitted and 

24 is actively implementing a plan that meets the re25 quirements of sections 1111(h)(1)(C)(viii) and 1119 
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1 of the Elementary and Secondary Education Act of 

2 1965 (20 U.S.C. 6311(h)(1)(C)(viii) and 6319); and 

3 ‘‘(6) contains such other information and assur4 ances as the Secretary may require. 

5 ‘‘(d) USES OF FUNDS.—An eligible State that re6 ceives a grant under this section shall use the grant funds 

7 to reform teacher preparation requirements, to coordinate 

8 with State activities under section 2113(c) of the Elemen9 tary and Secondary Education Act of 1965 (20 U.S.C. 

10 6613(c)), and to ensure that current and future teachers 

11 are highly qualified, by carrying out one or more of the 

12 following activities: 

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

14 preparation programs in the State are preparing 

15 teachers who are highly qualified, are able to under16 stand scientifically based research and its applica17 bility, and are able to use advanced technology effec18 tively in the classroom, including use for instruc19 tional techniques to improve student academic 

20 achievement, by assisting such programs—

21 ‘‘(A) to retrain faculty; and 

22 ‘‘(B) to design (or redesign) teacher prepa23 ration programs so they—

24 ‘‘(i) are based on rigorous academic 

25 content, scientifically based research (in-
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1 cluding scientifically based reading re2 search), and challenging State student aca3 demic content standards; and 

4 ‘‘(ii) promote strong teaching skills. 

5 ‘‘(2) CERTIFICATION OR LICENSURE REQUIRE6 MENTS.—Reforming teacher certification (including 

7 recertification) or licensing requirements to ensure 

8 that—

9 ‘‘(A) teachers have the subject matter 

10 knowledge and teaching skills in the academic 

11 subjects that the teachers teach that are nec12 essary to help students meet challenging State 

13 student academic achievement standards; and 

14 ‘‘(B) such requirements are aligned with 

15 challenging State academic content standards. 

16 ‘‘(3) ALTERNATIVES TO TRADITIONAL TEACHER

17 PREPARATION AND STATE CERTIFICATION.—Pro18 viding prospective teachers with alternative routes to 

19 State certification and traditional preparation to be20 come highly qualified teachers through—

21 ‘‘(A) innovative approaches that reduce un22 necessary barriers to State certification while 

23 producing highly qualified teachers; 
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1 ‘‘(B) programs that provide support to 

2 teachers during their initial years in the profes3 sion; and 

4 ‘‘(C) alternative routes to State certifi5 cation of teachers for qualified individuals, in6 cluding mid-career professionals from other oc7 cupations, former military personnel, and recent 

8 college graduates with records of academic dis9 tinction. 

10 ‘‘(4) INNOVATIVE PROGRAMS.—Planning and 

11 implementing innovative programs to enhance the 

12 ability of institutions of higher education to prepare 

13 highly qualified teachers, such as charter colleges of 

14 education or university and local educational agency 

15 partnership schools, that—

16 ‘‘(A) permit flexibility in meeting State re17 quirements as long as graduates, during their 

18 initial years in the profession, increase student 

19 academic achievement; 

20 ‘‘(B) provide long-term data gathered from 

21 teachers’ performance over multiple years in the 

22 classroom on the ability to increase student aca23 demic achievement; 

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

25 teachers from underrepresented groups; and 
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1 ‘‘(D) create performance measures that 

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

4 teachers. 

5 ‘‘(5) MERIT PAY.—Developing, or assisting 

6 local educational agencies in developing—

7 ‘‘(A) merit-based performance systems that 

8 reward teachers who increase student academic 

9 achievement; and 

10 ‘‘(B) strategies that provide differential 

11 and bonus pay in high-need local educational 

12 agencies to retain—

13 ‘‘(i) principals; 

14 ‘‘(ii) highly qualified teachers who 

15 teach in high-need academic subjects, such 

16 as reading, mathematics, and science; 

17 ‘‘(iii) highly qualified teachers who 

18 teach in schools identified for school im19 provement under section 1116(b) of the 

20 Elementary and Secondary Education Act 

21 of 1965 (20 U.S.C. 6316(b)); 

22 ‘‘(iv) special education teachers; 

23 ‘‘(v) teachers specializing in teaching 

24 limited English proficient children; and 
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1 ‘‘(vi) highly qualified teachers in 

2 urban and rural schools or districts. 

3 ‘‘(6) TEACHER ADVANCEMENT.—Developing, or 

4 assisting local educational agencies in developing, 

5 teacher advancement and retention initiatives that 

6 promote professional growth and emphasize multiple 

7 career paths (such as paths to becoming a highly 

8 qualified mentor teacher or exemplary teacher) and 

9 pay differentiation. 

10 ‘‘(7) TEACHER REMOVAL.—Developing and im11 plementing effective mechanisms to ensure that local 

12 educational agencies and schools are able to remove 

13 expeditiously incompetent or unqualified teachers 

14 consistent with procedures to ensure due process for 

15 the teachers. 

16 ‘‘(8) TECHNICAL ASSISTANCE.—Providing tech17 nical assistance to low-performing teacher prepara18 tion programs within institutions of higher education 

19 identified under section 208(a). 

20 ‘‘(9) TEACHER EFFECTIVENESS.—Developing—

21 ‘‘(A) systems to measure the effectiveness 

22 of teacher preparation programs and profes23 sional development programs; and 

24 ‘‘(B) strategies to document gains in stu25 dent academic achievement or increases in 
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1 teacher mastery of the academic subjects the 

2 teachers teach as a result of such programs. 

3 ‘‘(10) TEACHER RECRUITMENT AND RETEN4 TION.—Undertaking activities that—

5 ‘‘(A) develop and implement effective 

6 mechanisms to ensure that local educational 

7 agencies and schools are able effectively to re8 cruit and retain highly qualified teachers; or 

9 ‘‘(B) are described in section 204(d). 

10 ‘‘(11) PRESCHOOL TEACHERS.—Developing 

11 strategies—

12 ‘‘(A) to improve the qualifications of pre13 school teachers, which may include State certifi14 cation for such teachers; and 

15 ‘‘(B) to improve and expand preschool 

16 teacher preparation programs. 

17 ‘‘(e) EVALUATION.—

18 ‘‘(1) EVALUATION SYSTEM.—An eligible State 

19 that receives a grant under this section shall develop 

20 and utilize a system to evaluate annually the effec21 tiveness of teacher preparation programs and profes22 sional development activities within the State in pro23 ducing gains in—

24 ‘‘(A) the teacher’s annual contribution to 

25 improving student academic achievement, as 
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1 measured by State academic assessments re2 quired under section 1111(b)(3) of the Elemen3 tary and Secondary Education Act of 1965 (20 

4 U.S.C. 6311(b)(3)); and 

5 ‘‘(B) teacher mastery of the academic sub6 jects they teach, as measured by pre- and post7 participation tests of teacher knowledge, as ap8 propriate. 

9 ‘‘(2) USE OF EVALUATION SYSTEM.—Such eval10 uation system shall be used by the State to evalu11 ate—

12 ‘‘(A) activities carried out using funds pro13 vided under this section; and 

14 ‘‘(B) the quality of its teacher education 

15 programs. 

16 ‘‘(3) PUBLIC REPORTING.—The State shall 

17 make the information described in paragraph (1) 

18 widely available through public means, such as post19 ing on the Internet, distribution to the media, and 

20 distribution through public agencies. 

21 ‘‘SEC. 203. PARTNERSHIP GRANTS. 

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

23 section 210(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 part-
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1 nerships to carry out the activities described in subsections 

2 (d) and (e). 

3 ‘‘(b) DEFINITIONS.—

4 ‘‘(1) ELIGIBLE PARTNERSHIPS.—In this part, 

5 the term ‘eligible partnership’ means an entity 

6 that—

7 ‘‘(A) shall include—

8 ‘‘(i) a partner institution; 

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

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

11 agency; and 

12 ‘‘(iv) a public or private educational 

13 organization; and 

14 ‘‘(B) may include a Governor, State edu15 cational agency, the State board of education, 

16 the State agency for higher education, an insti17 tution of higher education not described in sub18 paragraph (A), a public charter school, a public 

19 or private elementary school or secondary 

20 school, a public or private educational organiza21 tion, a business, a science-, mathematics-, or 

22 technology-oriented entity, a faith-based or 

23 community organization, a prekindergarten pro24 gram, a teacher organization, an education 

25 service agency, a consortia of local educational 
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1 agencies, or a nonprofit telecommunications en2 tity. 

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

4 the term ‘partner institution’ means an institution of 

5 higher education, the teacher training program of 

6 which demonstrates that—

7 ‘‘(A) graduates from the teacher training 

8 program exhibit strong performance on State9 determined qualifying assessments for new 

10 teachers through—

11 ‘‘(i) demonstrating that the graduates 

12 of the program who intend to enter the 

13 field of teaching have passed all of the ap14 plicable State qualification assessments for 

15 new teachers, which shall include an as16 sessment of each prospective teacher’s sub17 ject matter knowledge in the content area 

18 or areas in which the teacher intends to 

19 teach; or 

20 ‘‘(ii) being ranked among the highest21 performing teacher preparation programs 

22 in the State as determined by the State—

23 ‘‘(I) using criteria consistent with 

24 the requirements for the State report 

25 card under section 207(a); and 
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1 ‘‘(II) using the State report card 

2 on teacher preparation required under 

3 section 207(a); or 

4 ‘‘(B) the teacher training program requires 

5 all the students of the program to participate in 

6 intensive clinical experience, to meet high aca7 demic standards, and—

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

9 candidates, to successfully complete an 

10 academic major in the subject area in 

11 which the candidate intends to teach or to 

12 demonstrate competence through a high 

13 level of performance in relevant content 

14 areas; and 

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

16 candidates, to successfully complete an 

17 academic major in the arts and sciences or 

18 to demonstrate competence through a high 

19 level of performance in core academic sub20 ject areas. 

21 ‘‘(c) APPLICATION.—Each eligible partnership desir22 ing a grant under this section shall submit an application 

23 to the Secretary at such time, in such manner, and accom24 panied by such information as the Secretary may require. 

25 Each such application shall—
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1 ‘‘(1) contain a needs assessment of all the part2 ners with respect to teaching and learning and a de3 scription of how the partnership will coordinate with 

4 other teacher training or professional development 

5 programs, and how the activities of the partnership 

6 will be consistent with State, local, and other edu7 cation reform activities that promote student aca8 demic achievement; 

9 ‘‘(2) contain a resource assessment that de10 scribes the resources available to the partnership, 

11 the intended use of the grant funds, including a de12 scription of how the grant funds will be used in ac13 cordance with subsection (f), and the commitment of 

14 the resources of the partnership to the activities as15 sisted under this part, including financial support, 

16 faculty participation, time commitments, and con17 tinuation of the activities when the grant ends; 

18 ‘‘(3) contain a description of—

19 ‘‘(A) how the partnership will meet the 

20 purposes of this part; 

21 ‘‘(B) how the partnership will carry out 

22 the activities required under subsection (d) and 

23 any permissible activities under subsection (e); 

24 ‘‘(C) the partnership’s evaluation plan pur25 suant to section 206(b); 
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1 ‘‘(D) how faculty of the teacher prepara2 tion program at the partner institution will 

3 serve, over the term of the grant, with highly 

4 qualified teachers in the classrooms of the high5 need local educational agency included in the 

6 partnership; 

7 ‘‘(E) how the partnership will ensure that 

8 teachers, principals, and superintendents in pri9 vate elementary and secondary schools located 

10 in the geographic areas served by an eligible 

11 partnership under this section will participate 

12 equitably in accordance with section 9501 of 

13 the Elementary and Secondary Education Act 

14 of 1965 (20 U.S.C. 7881); 

15 ‘‘(F) how the partnership will design and 

16 implement a clinical program component that 

17 includes close supervision of student teachers by 

18 faculty of the teacher preparation program at 

19 the partner institution and mentor teachers; 

20 ‘‘(G) how the partnership will design and 

21 implement an induction program to support all 

22 new teachers through the first 3 years of teach23 ing that includes mentors who are trained and 

24 compensated by the partnership for their work 

25 with new teachers; and 
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1 ‘‘(H) how the partnership will collect, ana2 lyze, and use data on the retention of all teach3 ers in schools located in the geographic areas 

4 served by the partnership to evaluate the effec5 tiveness of its teacher support system; and 

6 ‘‘(4) contain a certification from the high-need 

7 local educational agency included in the partnership 

8 that it has reviewed the application and determined 

9 that the grant proposed will comply with subsection 

10 (f). 

11 ‘‘(d) REQUIRED USES OF FUNDS.—An eligible part12 nership that receives a grant under this section shall use 

13 the grant funds to reform teacher preparation require14 ments, to coordinate with State activities under section 

15 2113(c) of the Elementary and Secondary Education Act 

16 of 1965 (20 U.S.C. 6613(c)), and to ensure that current 

17 and future teachers are highly qualified, by carrying out 

18 one or more of the following activities: 

19 ‘‘(1) REFORMS.—Implementing reforms within 

20 teacher preparation programs to ensure that such 

21 programs are preparing teachers who are highly 

22 qualified, are able to understand scientifically based 

23 research and its applicability, and are able to use 

24 advanced technology effectively in the classroom, in-
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•HR 507 IH 

1 cluding use for instructional techniques to improve 

2 student academic achievement, by—

3 ‘‘(A) retraining faculty; and 

4 ‘‘(B) designing (or redesigning) teacher 

5 preparation programs so they—

6 ‘‘(i) are based on rigorous academic 

7 content, scientifically based research (in8 cluding scientifically based reading re9 search), and challenging State student aca10 demic content standards; and 

11 ‘‘(ii) promote strong teaching skills. 

12 ‘‘(2) CLINICAL EXPERIENCE AND INTER13 ACTION.—Providing sustained and high-quality 

14 preservice and in-service clinical experience, includ15 ing the mentoring of prospective teachers by exem16 plary teachers, substantially increasing interaction 

17 between faculty at institutions of higher education 

18 and new and experienced teachers, principals, and 

19 other administrators at elementary schools or sec20 ondary schools, and providing support for teachers, 

21 including preparation time and release time, for such 

22 interaction. 

23 ‘‘(3) PROFESSIONAL DEVELOPMENT.—Creating 

24 opportunities for enhanced and ongoing professional 

25 development that improves the academic content 
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1 knowledge of teachers in the subject areas in which 

2 the teachers are certified to teach or in which the 

3 teachers are working toward certification to teach, 

4 and that promotes strong teaching skills. 

5 ‘‘(4) TEACHER PREPARATION.—Developing, or 

6 assisting local educational agencies in developing, 

7 professional development activities that—

8 ‘‘(A) provide training in how to teach and 

9 address the needs of students with different 

10 learning styles, particularly students with dis11 abilities, limited English proficient students, 

12 and students with special learning needs; and 

13 ‘‘(B) provide training in methods of—

14 ‘‘(i) improving student behavior in the 

15 classroom; and 

16 ‘‘(ii) identifying early and appropriate 

17 interventions to help students described in 

18 subparagraph (A) learn. 

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

20 partnership that receives a grant under this section may 

21 use such funds to carry out the following activities: 

22 ‘‘(1) ALTERNATIVES TO TRADITIONAL TEACHER

23 PREPARATION AND STATE CERTIFICATION.—Pro24 viding prospective teachers with alternative routes to 
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1 State certification and traditional preparation to be2 come highly qualified teachers through—

3 ‘‘(A) innovative approaches that reduce un4 necessary barriers to teacher preparation while 

5 producing highly qualified teachers; 

6 ‘‘(B) programs that provide support during 

7 a teacher’s initial years in the profession; and 

8 ‘‘(C) alternative routes to State certifi9 cation of teachers for qualified individuals, in10 cluding mid-career professionals from other oc11 cupations, former military personnel, and recent 

12 college graduates with records of academic dis13 tinction. 

14 ‘‘(2) DISSEMINATION AND COORDINATION.—

15 Broadly disseminating information on effective prac16 tices used by the partnership, and coordinating with 

17 the activities of the Governor, State board of edu18 cation, State higher education agency, and State 

19 educational agency, as appropriate. 

20 ‘‘(3) MANAGERIAL AND LEADERSHIP SKILLS.—

21 Developing and implementing professional develop22 ment programs for principals and superintendents 

23 that enable them to be effective school leaders and 

24 prepare all students to meet challenging State aca-
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1 demic content and student academic achievement 

2 standards. 

3 ‘‘(4) TEACHER RECRUITMENT.—Activities—

4 ‘‘(A) to encourage students to become 

5 highly qualified teachers, such as extra6 curricular enrichment activities; and 

7 ‘‘(B) activities described in section 204(d). 

8 ‘‘(5) CLINICAL EXPERIENCE IN SCIENCE, MATH9 EMATICS, AND TECHNOLOGY.—Creating opportuni10 ties for clinical experience and training, by participa11 tion in the business, research, and work environ12 ments with professionals, in areas relating to 

13 science, mathematics, and technology for teachers 

14 and prospective teachers, including opportunities for 

15 use of laboratory equipment, in order for the teacher 

16 to return to the classroom for at least 2 years and 

17 provide instruction that will raise student academic 

18 achievement. 

19 ‘‘(6) COORDINATION WITH COMMUNITY COL20 LEGES.—Coordinating with community colleges to 

21 implement teacher preparation programs, including 

22 through distance learning, for the purposes of allow23 ing prospective teachers—

24 ‘‘(A) to attain a bachelor’s degree and 

25 State certification or licensure; and 
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1 ‘‘(B) to become highly qualified teachers. 

2 ‘‘(7) TEACHER MENTORING.—Establishing or 

3 implementing a teacher mentoring program that—

4 ‘‘(A) includes minimum qualifications for 

5 mentors; 

6 ‘‘(B) provides training and stipends for 

7 mentors; 

8 ‘‘(C) provides mentoring programs for 

9 teachers in their first 3 years of teaching; 

10 ‘‘(D) provides regular and ongoing oppor11 tunities for mentors and mentees to observe 

12 each other’s teaching methods in classroom set13 tings during the school day; 

14 ‘‘(E) establishes an evaluation and ac15 countability plan for activities conducted under 

16 this paragraph that includes rigorous objectives 

17 to measure the impact of such activities; and 

18 ‘‘(F) provides for a report to the Secretary 

19 on an annual basis regarding the partnership’s 

20 progress in meeting the objectives described in 

21 subparagraph (E). 

22 ‘‘(8) COMPUTER SOFTWARE FOR MULTI23 LINGUAL EDUCATION.—Training teachers to use 

24 computer software for multilingual education to ad-
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1 dress the needs of limited English proficient stu2 dents. 

3 ‘‘(f) SPECIAL RULE.—At least 50 percent of the 

4 funds made available to an eligible partnership under this 

5 section shall be used directly to benefit the high-need local 

6 educational agency included in the partnership. Any entity 

7 described in subsection (b)(1)(A) may be the fiscal agent 

8 under this section. 

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

10 be construed to prohibit an eligible partnership from using 

11 grant funds to coordinate with the activities of more than 

12 one Governor, State board of education, State educational 

13 agency, local educational agency, or State agency for high14 er education. 

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

16 available under this section shall be used to supplement, 

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

18 that would otherwise be expended to carry out the pur19 poses of this section. 

20 ‘‘SEC. 204. TEACHER RECRUITMENT GRANTS. 

21 ‘‘(a) PROGRAM AUTHORIZED.—From amounts made 

22 available under section 210(3) for a fiscal year, the Sec23 retary is authorized to award grants, on a competitive 

24 basis, to eligible applicants to enable the eligible applicants 

25 to carry out activities described in subsection (d). 
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1 ‘‘(b) ELIGIBLE APPLICANT DEFINED.—In this part, 

2 the term ‘eligible applicant’ means—

3 ‘‘(1) an eligible State described in section 

4 202(b); or 

5 ‘‘(2) an eligible partnership described in section 

6 203(b). 

7 ‘‘(c) APPLICATION.—Any eligible applicant desiring 

8 to receive a grant under this section shall submit an appli9 cation to the Secretary at such time, in such form, and 

10 containing such information as the Secretary may require, 

11 including—

12 ‘‘(1) a description of the assessment that the el13 igible applicant, and the other entities with whom 

14 the eligible applicant will carry out the grant activi15 ties, have undertaken to determine the most critical 

16 needs of the participating high-need local edu17 cational agencies; 

18 ‘‘(2) a description of the activities the eligible 

19 applicant will carry out with the grant, including the 

20 extent to which the applicant will use funds to re21 cruit minority students to become highly qualified 

22 teachers; and 

23 ‘‘(3) a description of the eligible applicant’s 

24 plan for continuing the activities carried out with 

25 the grant, once Federal funding ceases. 
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1 ‘‘(d) USES OF FUNDS.—Each eligible applicant re2 ceiving a grant under this section shall use the grant 

3 funds—

4 ‘‘(1)(A) to award scholarships to help students, 

5 such as individuals who have been accepted for their 

6 first year, or who are enrolled in their first or second 

7 year, of a program of undergraduate education at an 

8 institution of higher education, pay the costs of tui9 tion, room, board, and other expenses of completing 

10 a teacher preparation program; 

11 ‘‘(B) to provide support services, if needed to 

12 enable scholarship recipients—

13 ‘‘(i) to complete postsecondary education 

14 programs; or 

15 ‘‘(ii) to transition from a career outside of 

16 the field of education into a teaching career; 

17 and 

18 ‘‘(C) for followup services provided to former 

19 scholarship recipients during the recipients first 3 

20 years of teaching; or 

21 ‘‘(2) to develop and implement effective mecha22 nisms to ensure that high-need local educational 

23 agencies and schools are able effectively to recruit 

24 highly qualified teachers. 
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1 ‘‘(e) ADDITIONAL DISCRETIONARY USES OF

2 FUNDS.—In addition to the uses described in subsection 

3 (d), each eligible applicant receiving a grant under this 

4 section may use the grant funds—

5 ‘‘(1) to develop and implement effective mecha6 nisms to recruit into the teaching profession employ7 ees from—

8 ‘‘(A) high-demand industries, including 

9 technology industries; and 

10 ‘‘(B) the fields of science, mathematics, 

11 and engineering; and 

12 ‘‘(2) to conduct outreach and coordinate with 

13 inner city and rural secondary schools to encourage 

14 students to pursue teaching as a career. 

15 ‘‘(f) SERVICE REQUIREMENTS.—

16 ‘‘(1) IN GENERAL.—The Secretary shall estab17 lish such requirements as the Secretary determines 

18 necessary to ensure that recipients of scholarships 

19 under this section who complete teacher education 

20 programs—

21 ‘‘(A) subsequently teach in a high-need 

22 local educational agency for a period of time 

23 equivalent to—

24 ‘‘(i) one year; increased by 
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1 ‘‘(ii) the period for which the recipient 

2 received scholarship assistance; or 

3 ‘‘(B) repay the amount of the scholarship. 

4 ‘‘(2) USE OF REPAYMENTS.—The Secretary 

5 shall use any such repayments to carry out addi6 tional activities under this section. 

7 ‘‘(g) PRIORITY.—The Secretary shall give priority 

8 under this section to eligible applicants who provide an 

9 assurance that they will recruit a high percentage of mi10 nority students to become highly qualified teachers. 

11 ‘‘SEC. 205. ADMINISTRATIVE PROVISIONS. 

12 ‘‘(a) DURATION; ONE-TIME AWARDS; PAYMENTS.—

13 ‘‘(1) DURATION.—

14 ‘‘(A) ELIGIBLE STATES AND ELIGIBLE AP15 PLICANTS.—Grants awarded to eligible States 

16 and eligible applicants under this part shall be 

17 awarded for a period not to exceed 3 years. 

18 ‘‘(B) ELIGIBLE PARTNERSHIPS.—Grants 

19 awarded to eligible partnerships under this part 

20 shall be awarded for a period of 5 years. 

21 ‘‘(2) ONE-TIME AWARD.—An eligible partner22 ship may receive a grant under each of sections 203 

23 and 204, as amended by the College Access and Op24 portunity Act of 2005, only once. 
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1 ‘‘(3) PAYMENTS.—The Secretary shall make 

2 annual payments of grant funds awarded under this 

3 part. 

4 ‘‘(b) PEER REVIEW.—

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

6 applications submitted under this part to a peer re7 view panel for evaluation. With respect to each ap8 plication, the peer review panel shall initially rec9 ommend the application for funding or for dis10 approval. 

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

12 to the Secretary for funding under this part, the 

13 panel shall—

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

15 202, give priority to eligible States that—

16 ‘‘(i) have initiatives to reform State 

17 teacher certification requirements that are 

18 based on rigorous academic content, sci19 entifically based research, including sci20 entifically based reading research, and 

21 challenging State student academic content 

22 standards; 

23 ‘‘(ii) have innovative reforms to hold 

24 institutions of higher education with teach25 er preparation programs accountable for 
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1 preparing teachers who are highly qualified 

2 and have strong teaching skills; or 

3 ‘‘(iii) have innovative efforts aimed at 

4 reducing the shortage of highly qualified 

5 teachers in high poverty urban and rural 

6 areas; and 

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

8 203—

9 ‘‘(i) give priority to applications from 

10 broad-based eligible partnerships that in11 volve businesses and community organiza12 tions; and 

13 ‘‘(ii) take into consideration—

14 ‘‘(I) providing an equitable geo15 graphic distribution of the grants 

16 throughout the United States; and 

17 ‘‘(II) the potential of the pro18 posed activities for creating improve19 ment and positive change. 

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

21 shall determine, based on the peer review process, 

22 which application shall receive funding and the 

23 amounts of the grants. In determining grant 

24 amounts, the Secretary shall take into account the 

25 total amount of funds available for all grants under 
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1 this part and the types of activities proposed to be 

2 carried out. 

3 ‘‘(c) MATCHING REQUIREMENTS.—

4 ‘‘(1) STATE GRANTS.—Each eligible State re5 ceiving a grant under section 202 or 204 shall pro6 vide, from non-Federal sources, an amount equal to 

7 50 percent of the amount of the grant (in cash or 

8 in kind) to carry out the activities supported by the 

9 grant. 

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

11 partnership receiving a grant under section 203 or 

12 204 shall provide, from non-Federal sources (in cash 

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

14 grant for the first year of the grant, 35 percent of 

15 the grant for the second year of the grant, and 50 

16 percent of the grant for each succeeding year of the 

17 grant. 

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

19 An eligible State or eligible partnership that receives a 

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

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

22 ‘‘SEC. 206. ACCOUNTABILITY AND EVALUATION. 

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

24 eligible State that receives a grant under section 202 shall 

25 submit an annual accountability report to the Secretary, 
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1 the Committee on Health, Education, Labor, and Pen2 sions of the Senate, and the Committee on Education and 

3 the Workforce of the House of Representatives. Such re4 port shall include a description of the degree to which the 

5 eligible State, in using funds provided under such section, 

6 has made substantial progress in meeting the following 

7 goals: 

8 ‘‘(1) PERCENTAGE OF HIGHLY QUALIFIED

9 TEACHERS.—Increasing the percentage of highly 

10 qualified teachers in the State as required by section 

11 1119 of the Elementary and Secondary Education 

12 Act of 1965 (20 U.S.C. 6319). 

13 ‘‘(2) STUDENT ACADEMIC ACHIEVEMENT.—In14 creasing student academic achievement for all stu15 dents as defined by the eligible State. 

16 ‘‘(3) RAISING STANDARDS.—Raising the State 

17 academic standards required to enter the teaching 

18 profession as a highly qualified teacher. 

19 ‘‘(4) INITIAL CERTIFICATION OR LICENSURE.—

20 Increasing success in the pass rate for initial State 

21 teacher certification or licensure, or increasing the 

22 numbers of qualified individuals being certified or li23 censed as teachers through alternative programs. 
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1 ‘‘(5) DECREASING TEACHER SHORTAGES.—De2 creasing shortages of highly qualified teachers in 

3 poor urban and rural areas. 

4 ‘‘(6) INCREASING OPPORTUNITIES FOR PROFES5 SIONAL DEVELOPMENT.—Increasing opportunities 

6 for enhanced and ongoing professional development 

7 that—

8 ‘‘(A) improves the academic content knowl9 edge of teachers in the subject areas in which 

10 the teachers are certified or licensed to teach or 

11 in which the teachers are working toward cer12 tification or licensure to teach; and 

13 ‘‘(B) promotes strong teaching skills. 

14 ‘‘(7) TECHNOLOGY INTEGRATION.—Increasing 

15 the number of teachers prepared effectively to inte16 grate technology into curricula and instruction and 

17 who use technology to collect, manage, and analyze 

18 data to improve teaching, learning, and decision19 making for the purpose of increasing student aca20 demic achievement. 

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

22 eligible partnership applying for a grant under section 203 

23 shall establish, and include in the application submitted 

24 under section 203(c), an evaluation plan that includes 
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1 strong performance objectives. The plan shall include ob2 jectives and measures for—

3 ‘‘(1) increased student achievement for all stu4 dents, as measured by the partnership; 

5 ‘‘(2) increased teacher retention in the first 3 

6 years of a teacher’s career; 

7 ‘‘(3) increased success in the pass rate for ini8 tial State certification or licensure of teachers; 

9 ‘‘(4) increased percentage of highly qualified 

10 teachers; and 

11 ‘‘(5) increasing the number of teachers trained 

12 effectively to integrate technology into curricula and 

13 instruction and who use technology to collect, man14 age, and analyze data to improve teaching, learning, 

15 and decisionmaking for the purpose of improving 

16 student academic achievement. 

17 ‘‘(c) REVOCATION OF GRANT.—

18 ‘‘(1) REPORT.—Each eligible State or eligible 

19 partnership receiving a grant under section 202 or 

20 203 shall report annually on the progress of the eli21 gible State or eligible partnership toward meeting 

22 the purposes of this part and the goals, objectives, 

23 and measures described in subsections (a) and (b). 

24 ‘‘(2) REVOCATION.—
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1 ‘‘(A) ELIGIBLE STATES AND ELIGIBLE AP2 PLICANTS.—If the Secretary determines that an 

3 eligible State or eligible applicant is not making 

4 substantial progress in meeting the purposes, 

5 goals, objectives, and measures, as appropriate, 

6 by the end of the second year of a grant under 

7 this part, then the grant payment shall not be 

8 made for the third year of the grant. 

9 ‘‘(B) ELIGIBLE PARTNERSHIPS.—If the 

10 Secretary determines that an eligible partner11 ship is not making substantial progress in 

12 meeting the purposes, goals, objectives, and 

13 measures, as appropriate, by the end of the 

14 third year of a grant under this part, then the 

15 grant payments shall not be made for any suc16 ceeding year of the grant. 

17 ‘‘(d) EVALUATION AND DISSEMINATION.—The Sec18 retary shall evaluate the activities funded under this part 

19 and report annually the Secretary’s findings regarding the 

20 activities to the Committee on Health, Education, Labor, 

21 and Pensions of the Senate and the Committee on Edu22 cation and the Workforce of the House of Representatives. 

23 The Secretary shall broadly disseminate successful prac24 tices developed by eligible States and eligible partnerships 
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1 under this part, and shall broadly disseminate information 

2 regarding such practices that were found to be ineffective. 

3 ‘‘SEC. 207. ACCOUNTABILITY FOR PROGRAMS THAT PRE4 PARE TEACHERS. 

5 ‘‘(a) STATE REPORT CARD ON THE QUALITY OF

6 TEACHER PREPARATION.—Each State that receives funds 

7 under this Act shall provide to the Secretary annually, in 

8 a uniform and comprehensible manner that conforms with 

9 the definitions and methods established by the Secretary, 

10 a State report card on the quality of teacher preparation 

11 in the State, both for traditional certification or licensure 

12 programs and for alternative certification or licensure pro13 grams, which shall include at least the following: 

14 ‘‘(1) A description of the teacher certification 

15 and licensure assessments, and any other certifi16 cation and licensure requirements, used by the 

17 State. 

18 ‘‘(2) The standards and criteria that prospec19 tive teachers must meet in order to attain initial 

20 teacher certification or licensure and to be certified 

21 or licensed to teach particular subjects or in par22 ticular grades within the State. 

23 ‘‘(3) A description of the extent to which the 

24 assessments and requirements described in para-
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1 graph (1) are aligned with the State’s standards and 

2 assessments for students. 

3 ‘‘(4) The percentage of students who have com4 pleted at least 50 percent of the requirements for a 

5 teacher preparation program at an institution of 

6 higher education or alternative certification program 

7 and who have taken and passed each of the assess8 ments used by the State for teacher certification and 

9 licensure, and the passing score on each assessment 

10 that determines whether a candidate has passed that 

11 assessment. 

12 ‘‘(5) For students who have completed at least 

13 50 percent of the requirements for a teacher prepa14 ration program at an institution of higher education 

15 or alternative certification program, and who have 

16 taken and passed each of the assessments used by 

17 the State for teacher certification and licensure, 

18 each such institution’s and each such program’s av19 erage raw score, ranked by teacher preparation pro20 gram, which shall be made available widely and pub21 licly. 

22 ‘‘(6) A description of each State’s alternative 

23 routes to teacher certification, if any, and the num24 ber and percentage of teachers certified through 
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1 each alternative certification route who pass State 

2 teacher certification or licensure assessments. 

3 ‘‘(7) For each State, a description of proposed 

4 criteria for assessing the performance of teacher 

5 preparation programs in the State, including indica6 tors of teacher candidate skills and academic content 

7 knowledge and evidence of gains in student academic 

8 achievement. 

9 ‘‘(8) For each teacher preparation program in 

10 the State, the number of students in the program, 

11 the average number of hours of supervised practice 

12 teaching required for those in the program, and the 

13 number of full-time equivalent faculty and students 

14 in supervised practice teaching. 

15 ‘‘(b) REPORT OF THE SECRETARY ON THE QUALITY

16 OF TEACHER PREPARATION.—

17 ‘‘(1) REPORT CARD.—The Secretary shall pro18 vide to Congress, and publish and make widely avail19 able, a report card on teacher qualifications and 

20 preparation in the United States, including all the 

21 information reported in paragraphs (1) through (8) 

22 of subsection (a). Such report shall identify States 

23 for which eligible States and eligible partnerships re24 ceived a grant under this part. Such report shall be 

25 so provided, published and made available annually. 
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1 ‘‘(2) REPORT TO CONGRESS.—The Secretary 

2 shall report to Congress—

3 ‘‘(A) a comparison of States’ efforts to im4 prove teaching quality; and 

5 ‘‘(B) regarding the national mean and me6 dian scores on any standardized test that is 

7 used in more than 1 State for teacher certifi8 cation or licensure. 

9 ‘‘(3) SPECIAL RULE.—In the case of programs 

10 with fewer than 10 students who have completed at 

11 least 50 percent of the requirements for a teacher 

12 preparation program taking any single initial teacher 

13 certification or licensure assessment during an aca14 demic year, the Secretary shall collect and publish 

15 information with respect to an average pass rate on 

16 State certification or licensure assessments taken 

17 over a 3-year period. 

18 ‘‘(c) COORDINATION.—The Secretary, to the extent 

19 practicable, shall coordinate the information collected and 

20 published under this part among States for individuals 

21 who took State teacher certification or licensure assess22 ments in a State other than the State in which the indi23 vidual received the individual’s most recent degree. 

24 ‘‘(d) INSTITUTION AND PROGRAM REPORT CARDS ON

25 QUALITY OF TEACHER PREPARATION.—
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1 ‘‘(1) REPORT CARD.—Each institution of higher 

2 education or alternative certification program that 

3 conducts a teacher preparation program that enrolls 

4 students receiving Federal assistance under this Act 

5 shall report annually to the State and the general 

6 public, in a uniform and comprehensible manner 

7 that conforms with the definitions and methods es8 tablished by the Secretary, both for traditional cer9 tification or licensure programs and for alternative 

10 certification or licensure programs, the following in11 formation: 

12 ‘‘(A) PASS RATE.—(i) For the most recent 

13 year for which the information is available, the 

14 pass rate of each student who has completed at 

15 least 50 percent of the requirements for the 

16 teacher preparation program on the teacher cer17 tification or licensure assessments of the State 

18 in which the institution is located, but only for 

19 those students who took those assessments 

20 within 3 years of receiving a degree from the 

21 institution or completing the program. 

22 ‘‘(ii) A comparison of the institution or 

23 program’s pass rate for students who have com24 pleted at least 50 percent of the requirements 

25 for the teacher preparation program with the 
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1 average pass rate for institutions and programs 

2 in the State. 

3 ‘‘(iii) A comparison of the institution or 

4 program’s average raw score for students who 

5 have completed at least 50 percent of the re6 quirements for the teacher preparation program 

7 with the average raw scores for institutions and 

8 programs in the State. 

9 ‘‘(iv) In the case of programs with fewer 

10 than 10 students who have completed at least 

11 50 percent of the requirements for a teacher 

12 preparation program taking any single initial 

13 teacher certification or licensure assessment 

14 during an academic year, the institution shall 

15 collect and publish information with respect to 

16 an average pass rate on State certification or li17 censure assessments taken over a 3-year period. 

18 ‘‘(B) PROGRAM INFORMATION.—The num19 ber of students in the program, the average 

20 number of hours of supervised practice teaching 

21 required for those in the program, and the 

22 number of full-time equivalent faculty and stu23 dents in supervised practice teaching. 

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

25 approval or accreditation of teacher education 
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1 programs, a statement of whether the institu2 tion’s program is so approved or accredited, 

3 and by whom. 

4 ‘‘(D) DESIGNATION AS LOW-PER5 FORMING.—Whether the program has been des6 ignated as low-performing by the State under 

7 section 208(a). 

8 ‘‘(2) REQUIREMENT.—The information de9 scribed in paragraph (1) shall be reported through 

10 publications such as school catalogs and promotional 

11 materials sent to potential applicants, secondary 

12 school guidance counselors, and prospective employ13 ers of the institution’s program graduates, including 

14 materials sent by electronic means. 

15 ‘‘(3) FINES.—In addition to the actions author16 ized in section 487(c), the Secretary may impose a 

17 fine not to exceed $25,000 on an institution of high18 er education for failure to provide the information 

19 described in this subsection in a timely or accurate 

20 manner. 

21 ‘‘(e) DATA QUALITY.—Either—

22 ‘‘(1) the Governor of the State; or 

23 ‘‘(2) in the case of a State for which the con24 stitution or law of such State designates another in25 dividual, entity, or agency in the State to be respon-
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1 sible for teacher certification and preparation activ2 ity, such individual, entity, or agency; 

3 ‘‘SEC. 208. STATE FUNCTIONS. 

4 ‘‘(a) STATE ASSESSMENT.—In order to receive funds 

5 under this Act, a State shall have in place a procedure 

6 to identify and assist, through the provision of technical 

7 assistance, low-performing programs of teacher prepara8 tion within institutions of higher education. Such State 

9 shall provide the Secretary an annual list of such low-per10 forming institutions that includes an identification of 

11 those institutions at risk of being placed on such list. Such 

12 levels of performance shall be determined solely by the 

13 State and may include criteria based upon information col14 lected pursuant to this part. Such assessment shall be de15 scribed in the report under section 207(a). 

16 ‘‘(b) TERMINATION OF ELIGIBILITY.—Any institu17 tion of higher education that offers a program of teacher 

18 preparation in which the State has withdrawn the State’s 

19 approval or terminated the State’s financial support due 

20 to the low performance of the institution’s teacher prepa21 ration program based upon the State assessment described 

22 in subsection (a)—

23 ‘‘(1) shall be ineligible for any funding for pro24 fessional development activities awarded by the De25 partment of Education; and 
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1 ‘‘(2) shall not be permitted to accept or enroll 

2 any student who receives aid under title IV of this 

3 Act in the institution’s teacher preparation program. 

4 ‘‘SEC. 209. GENERAL PROVISIONS. 

5 ‘‘(a) METHODS.—In complying with sections 207 and 

6 208, the Secretary shall ensure that States and institu7 tions of higher education use fair and equitable methods 

8 in reporting and that the reporting methods do not allow 

9 identification of individuals. 

10 ‘‘(b) SPECIAL RULE.—For each State in which there 

11 are no State certification or licensure assessments, or for 

12 States that do not set minimum performance levels on 

13 those assessments—

14 ‘‘(1) the Secretary shall, to the extent prac15 ticable, collect data comparable to the data required 

16 under this part from States, local educational agen17 cies, institutions of higher education, or other enti18 ties that administer such assessments to teachers or 

19 prospective teachers; and 

20 ‘‘(2) notwithstanding any other provision of this 

21 part, the Secretary shall use such data to carry out 

22 requirements of this part related to assessments or 

23 pass rates. 

24 ‘‘(c) LIMITATIONS.—
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1 ‘‘(1) FEDERAL CONTROL PROHIBITED.—Noth2 ing in this part shall be construed to permit, allow, 

3 encourage, or authorize any Federal control over any 

4 aspect of any private, religious, or home school, 

5 whether or not a home school is treated as a private 

6 school or home school under State law. This section 

7 shall not be construed to prohibit private, religious, 

8 or home schools from participation in programs or 

9 services under this part. 

10 ‘‘(2) NO CHANGE IN STATE CONTROL ENCOUR11 AGED OR REQUIRED.—Nothing in this part shall be 

12 construed to encourage or require any change in a 

13 State’s treatment of any private, religious, or home 

14 school, whether or not a home school is treated as 

15 a private school or home school under State law. 

16 ‘‘(3) NATIONAL SYSTEM OF TEACHER CERTIFI17 CATION PROHIBITED.—Nothing in this part shall be 

18 construed to permit, allow, encourage, or authorize 

19 the Secretary to establish or support any national 

20 system of teacher certification. 

21 ‘‘SEC. 210. AUTHORIZATION OF APPROPRIATIONS. 

22 ‘‘There are authorized to be appropriated to carry out 

23 this part $300,000,000 for fiscal year 2006 and such sums 

24 as may be necessary for each of the 5 succeeding fiscal 

25 years, of which—
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1 ‘‘(1) 45 percent shall be available for each fiscal 

2 year to award grants under section 202; 

3 ‘‘(2) 45 percent shall be available for each fiscal 

4 year to award grants under section 203; and 

5 ‘‘(3) 10 percent shall be available for each fiscal 

6 year to award grants under section 204.’’. 

7 SEC. 202. PREPARING TOMORROW’S TEACHERS TO USE 

8 TECHNOLOGY. 

9 (a) ELIGIBILITY.—Section 222(a)(3)(D) of the High10 er Education Act of 1965 (20 U.S.C. 1042(a)(3)(D)) is 

11 amended by inserting ‘‘nonprofit telecommunications enti12 ty,’’ after ‘‘community-based organization,’’. 

13 (b) PERMISSIBLE USES OF FUNDS.—Section 

14 223(b)(1)(E) of the Higher Education Act of 1965 (20 

15 U.S.C. 1043(b)(1)(E)) is amended to read as follows: 

16 ‘‘(E) To use technology to collect, manage, 

17 and analyze data to improve teaching, learning, 

18 and decisionmaking for the purpose of increas19 ing student academic achievement.’’. 

20 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

21 224 of the Higher Education Act of 1965 (20 U.S.C. 

22 1044) is amended by striking ‘‘each of fiscal years 2002 

23 and 2003.’’ and inserting ‘‘fiscal year 2006 and each of 

24 the 5 succeeding fiscal years.’’. 
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1 SEC. 203. CENTERS OF EXCELLENCE. 

2 Title II of the Higher Education Act of 1965 (20 

3 U.S.C. 1021 et seq.) is amended by adding at the end 

4 the following: 

5 ‘‘PART C—CENTERS OF EXCELLENCE 

6 ‘‘SEC. 231. PURPOSES; DEFINITIONS. 

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

8 ‘‘(1) to help recruit and prepare teachers, in9 cluding minority teachers, to meet the national de10 mand for a highly qualified teacher in every class11 room; and 

12 ‘‘(2) to increase opportunities for Americans of 

13 all educational, ethnic, class, and geographic back14 grounds to become highly qualified teachers. 

15 ‘‘(b) DEFINITIONS.—As used in this part: 

16 ‘‘(1) ELIGIBLE INSTITUTION.—The term ‘eligi17 ble institution’ means—

18 ‘‘(A) an institution of higher education 

19 that has a teacher preparation program that 

20 meets the requirements of section 203(b)(2) 

21 and that is—

22 ‘‘(i) a part B institution (as defined in 

23 section 322); 

24 ‘‘(ii) a Hispanic-serving institution (as 

25 defined in section 502); 
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1 ‘‘(iii) a Tribal College or University 

2 (as defined in section 316); 

3 ‘‘(iv) an Alaska Native-serving institu4 tion (as defined in section 317(b)); or 

5 ‘‘(v) a Native Hawaiian-serving insti6 tution (as defined in section 317(b)); 

7 ‘‘(B) a consortium of institutions described 

8 in subparagraph (A); or 

9 ‘‘(C) an institution described in subpara10 graph (A), or a consortium described in sub11 paragraph (B), in partnership with any other 

12 institution of higher education, but only if the 

13 center of excellence established under section 

14 232 is located at an institution described in 

15 subparagraph (A). 

16 ‘‘(2) HIGHLY QUALIFIED.—The term ‘highly 

17 qualified’ has the meaning given such term in sec18 tion 9101 of the Elementary and Secondary Edu19 cation Act of 1965 (20 U.S.C. 7801). 

20 ‘‘(3) SCIENTIFICALLY BASED READING RE21 SEARCH.—The term ‘scientifically based reading re22 search’ has the meaning given such term in section 

23 1208 of the Elementary and Secondary Education 

24 Act of 1965 (20 U.S.C. 6368). 
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1 ‘‘(4) SCIENTIFICALLY BASED RESEARCH.—The 

2 term ‘scientifically based research’ has the meaning 

3 given such term in section 9101 of the Elementary 

4 and Secondary Education Act of 1965 (20 U.S.C. 

5 7801). 

6 ‘‘SEC. 232. CENTERS OF EXCELLENCE. 

7 ‘‘(a) PROGRAM AUTHORIZED.—From the amounts 

8 appropriated to carry out this part, the Secretary is au9 thorized to award competitive grants to eligible institu10 tions to establish centers of excellence. 

11 ‘‘(b) USE OF FUNDS.—Grants provided by the Sec12 retary under this part shall be used to ensure that current 

13 and future teachers are highly qualified, by carrying out 

14 one or more of the following activities: 

15 ‘‘(1) Implementing reforms within teacher prep16 aration programs to ensure that such programs are 

17 preparing teachers who are highly qualified, are able 

18 to understand scientifically based research, and are 

19 able to use advanced technology effectively in the 

20 classroom, including use for instructional techniques 

21 to improve student academic achievement, by—

22 ‘‘(A) retraining faculty; and 

23 ‘‘(B) designing (or redesigning) teacher 

24 preparation programs that—
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1 ‘‘(i) prepare teachers to close student 

2 achievement gaps, are based on rigorous 

3 academic content, scientifically based re4 search (including scientifically based read5 ing research), and challenging State stu6 dent academic content standards; and 

7 ‘‘(ii) promote strong teaching skills. 

8 ‘‘(2) Providing sustained and high-quality 

9 preservice clinical experience, including the men10 toring of prospective teachers by exemplary teachers, 

11 substantially increasing interaction between faculty 

12 at institutions of higher education and new and ex13 perienced teachers, principals, and other administra14 tors at elementary schools or secondary schools, and 

15 providing support, including preparation time, for 

16 such interaction. 

17 ‘‘(3) Developing and implementing initiatives to 

18 promote retention of highly qualified teachers and 

19 principals, including minority teachers and prin20 cipals, including programs that provide—

21 ‘‘(A) teacher or principal mentoring from 

22 exemplary teachers or principals; or 

23 ‘‘(B) induction and support for teachers 

24 and principals during their first 3 years of em25 ployment as teachers or principals, respectively. 
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1 ‘‘(4) Awarding scholarships based on financial 

2 need to help students pay the costs of tuition, room, 

3 board, and other expenses of completing a teacher 

4 preparation program. 

5 ‘‘(5) Disseminating information on effective 

6 practices for teacher preparation and successful 

7 teacher certification and licensure assessment prepa8 ration strategies. 

9 ‘‘(6) Activities authorized under sections 202, 

10 203, and 204. 

11 ‘‘(c) APPLICATION.—Any eligible institution desiring 

12 a grant under this section shall submit an application to 

13 the Secretary at such a time, in such a manner, and ac14 companied by such information the Secretary may require. 

15 ‘‘(d) MINIMUM GRANT AMOUNT.—The minimum 

16 amount of each grant under this part shall be $500,000. 

17 ‘‘(e) LIMITATION ON ADMINISTRATIVE EXPENSES.—

18 An eligible institution that receives a grant under this part 

19 may not use more than 2 percent of the grant funds for 

20 purposes of administering the grant. 

21 ‘‘(f) REGULATIONS.—The Secretary shall prescribe 

22 such regulations as may be necessary to carry out this 

23 part. 
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1 ‘‘SEC. 233. AUTHORIZATION OF APPROPRIATIONS. 

2 ‘‘There are authorized to be appropriated to carry out 

3 this part $10,000,000 for fiscal year 2006 and such sums 

4 as may be necessary for each of the 5 succeeding fiscal 

5 years.’’. 

6 SEC. 204. TRANSITION. 

7 The Secretary of Education shall take such actions 

8 as the Secretary determines to be appropriate to provide 

9 for the orderly implementation of this title. 

10 TITLE III—INSTITUTIONAL AID 

11 SEC. 301. TITLE III GRANTS FOR AMERICAN INDIAN TRIB12 ALLY CONTROLLED COLLEGES AND UNIVER13 SITIES. 

14 (a) ELIGIBLE INSTITUTIONS.—Subsection (b) of sec15 tion 316 (20 U.S.C. 1059c(b)) is amended to read as fol16 lows: 

17 ‘‘(b) DEFINITIONS.—

18 ‘‘(1) ELIGIBLE INSTITUTIONS.—For purposes 

19 of this section, Tribal Colleges and Universities are 

20 the following: 

21 ‘‘(A) any of the following institutions that 

22 qualify for funding under the Tribally Con23 trolled College or University Assistance Act of 

24 1978 or is listed in Equity in Educational Land 

25 Grant Status Act of 1994 (7 U.S.C. 301 note): 

26 Bay Mills Community College; Blackfeet Com-
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1 munity College; Cankdeska Cikana Community 

2 College; Chief Dull Knife College; College of 

3 Menominee Nation; Crownpoint Institute of 

4 Technology; Dine ́ College; D–Q University; 

5 Fond du Lac Tribal and Community College; 

6 Fort Belknap College; Fort Berthold Commu7 nity College; Fort Peck Community College; 

8 Haskell Indian Nations University; Institute of 

9 American Indian and Alaska Native Culture 

10 and Arts Development; Lac Courte Oreilles 

11 Ojibwa Community College; Leech Lake Tribal 

12 College; Little Big Horn College; Little Priest 

13 Tribal College; Nebraska Indian Community 

14 College; Northwest Indian College; Oglala 

15 Lakota College; Saginaw Chippewa Tribal Col16 lege; Salish Kootenai College; Si Tanka Univer17 sity—Eagle Butte Campus; Sinte Gleska Uni18 versity; Sisseton Wahpeton Community College; 

19 Sitting Bull College; Southwestern Indian Poly20 technic Institute; Stone Child College; Tohono 

21 O’Odham Community College; Turtle Mountain 

22 Community College; United Tribes Technical 

23 College; and White Earth Tribal and Commu24 nity College; and 
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1 ‘‘(B) any other institution that meets the 

2 definition of tribally controlled college or uni3 versity in section 2 of the Tribally Controlled 

4 College or University Assistance Act of 1978, 

5 and meets all other requirements of this sec6 tion. 

7 ‘‘(2) INDIAN.—The term ‘Indian’ has the mean8 ing given the term in section 2 of the Tribally Con9 trolled College or University Assistance Act of 

10 1978.’’. 

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

12 section is amended—

13 (1) by amending subparagraph (B) to read as 

14 follows: 

15 ‘‘(B) construction, maintenance, renova16 tion, and improvement in classrooms, libraries, 

17 laboratories, and other instructional facilities, 

18 including purchase or rental of telecommuni19 cations technology equipment or services, and 

20 the acquisition of real property adjacent to the 

21 campus of the institution on which to construct 

22 such facilities;’’; 

23 (2) by striking ‘‘and’’ at the end of subpara24 graph (K); 
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1 (3) by redesignating subparagraph (L) as sub2 paragraph (M); and 

3 (4) by inserting after subparagraph (K) the fol4 lowing new subparagraph: 

5 ‘‘(L) developing or improving facilities for 

6 Internet use or other distance learning aca7 demic instruction capabilities; and’’. 

8 (c) APPLICATION AND ALLOTMENT.—Subsection (d) 

9 of such section is amended to read as follows: 

10 ‘‘(d) APPLICATION AND ALLOTMENT.—

11 ‘‘(1) INSTITUTIONAL ELIGIBILITY.—To be eligi12 ble to receive assistance under this section, a Tribal 

13 College or University shall be an eligible institution 

14 under section 312(b). 

15 ‘‘(2) APPLICATION.—Any Tribal College or Uni16 versity desiring to receive assistance under this sec17 tion shall submit an application to the Secretary at 

18 such time, and in such manner, as the Secretary 

19 may reasonably require. 

20 ‘‘(3) ALLOTMENTS TO INSTITUTIONS.—

21 ‘‘(A) ALLOTMENT: PELL GRANT BASIS.—

22 From the amount appropriated to carry out 

23 this section for any fiscal year, the Secretary 

24 shall allot to each eligible institution a sum 

25 which bears the same ratio to one-half that 
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1 amount as the number of Pell Grant recipients 

2 in attendance at such institution at the end of 

3 the award year preceding the beginning of that 

4 fiscal year bears to the total number of Pell 

5 Grant recipients at all eligible institutions. 

6 ‘‘(B) ALLOTMENT: DEGREE AND CERTIFI7 CATE BASIS.—From the amount appropriated 

8 to carry out this section for any fiscal year, the 

9 Secretary shall allot to each eligible institution 

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

11 that amount as the number of degrees or cer12 tificates awarded by such institution during the 

13 preceding academic year bears to the total num14 ber of degrees or certificates at all eligible insti15 tutions. 

16 ‘‘(C) MINIMUM GRANT.—Notwithstanding 

17 subparagraphs (A) and (B), the amount allot18 ted to each institution under this section shall 

19 not be less than $400,000. 

20 ‘‘(4) SPECIAL RULES.—

21 ‘‘(A) CONCURRENT FUNDING.—For the 

22 purposes of this part, no Tribal College or Uni23 versity that is eligible for and receives funds 

24 under this section shall concurrently receive 
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1 funds under other provisions of this part or 

2 part B. 

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

4 not apply to institutions that are eligible to re5 ceive funds under this section.’’. 

6 SEC. 302. ALASKA NATIVE AND NATIVE HAWAIIAN-SERVING 

7 INSTITUTIONS. 

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

9 U.S.C. 1059d(c)(2)) is amended—

10 (1) by amending subparagraph (B) to read as 

11 follows: 

12 ‘‘(A) construction, maintenance, renova13 tion, and improvement in classrooms, libraries, 

14 laboratories, and other instructional facilities, 

15 including purchase or rental of telecommuni16 cations technology equipment or services, and 

17 the acquisition of real property adjacent to the 

18 campus of the institution on which to construct 

19 such facilities;’’; 

20 (2) by striking ‘‘and’’ at the end of subpara21 graph (G); 

22 (3) by striking the period at the end of sub23 paragraph (H) and inserting ‘‘; and’’; and 

24 (4) by inserting after subparagraph (H) the fol25 lowing new subparagraph: 
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1 ‘‘(I) development or improvement of facili2 ties for Internet use or other distance learning 

3 academic instruction capabilities.’’. 

4 (b) ENDOWMENT FUNDS.—Section 317(c) is further 

5 amended by adding at the end the following new para6 graph: 

7 ‘‘(3) ENDOWMENT FUNDS.—

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

9 Native Hawaiian-serving institution may use 

10 not more than 20 percent of the grant funds 

11 provided under this section to establish or in12 crease an endowment fund at the institution. 

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

14 to be eligible to use grant funds in accordance 

15 with subparagraph (A), the institution shall 

16 provide to the endowment fund from non-Fed17 eral funds an amount equal to the Federal 

18 funds used in accordance with subparagraph 

19 (A), for the establishment or increase of the en20 dowment fund. 

21 ‘‘(C) APPLICABILITY OF OTHER PROVI22 SIONS.—The provisions of part C regarding the 

23 establishment or increase of an endowment 

24 fund, that the Secretary determines are not in-
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1 consistent with this paragraph, shall apply to 

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

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

4 amended—

5 (1) by adding at the end of paragraph (1) the 

6 following new sentences: ‘‘Each Alaska Native-serv7 ing institution and Native Hawaiian-serving institu8 tion shall develop a 5-year plan for improving the as9 sistance provided to Alaska Native or Native Hawai10 ian students. Such plan shall not be subject to ap11 proval by the Secretary.’’; and 

12 (2) in paragraph (2)—

13 (A) by redesignating subparagraph (B) as 

14 subparagraph (C); and 

15 (B) by striking subparagraph (A) and in16 serting the following: 

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

18 developed a 5-year plan for serving Alaska Na19 tive or Native Hawaiian students; 

20 ‘‘(B) a list of activities and other informa21 tion that are consistent with the institution’s 5-

22 year plan; and’’. 

23 SEC. 303. GRANTS TO PART B INSTITUTIONS. 

24 (a) USE OF FUNDS.—

25 (1) FACILITIES AND EQUIPMENT.—
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1 (A) UNDERGRADUATE INSTITUTIONS.—

2 Paragraph (2) of section 323(a) (20 U.S.C. 

3 1062(a)) is amended to read as follows: 

4 ‘‘(2) Construction, maintenance, renovation, 

5 and improvement in classrooms, libraries, labora6 tories, and other instructional facilities, including 

7 purchase or rental of telecommunications technology 

8 equipment or services, and the acquisition of real 

9 property adjacent to the campus of the institution 

10 on which to construct such facilities.’’. 

11 (B) GRADUATE AND PROFESSIONAL

12 SCHOOLS.—Paragraph (2) of section 326(c) is 

13 amended to read as follows: 

14 ‘‘(2) construction, maintenance, renovation, and 

15 improvement in classrooms, libraries, laboratories, 

16 and other instructional facilities, including purchase 

17 or rental of telecommunications technology equip18 ment or services, and the acquisition of real property 

19 adjacent to the campus of the institution on which 

20 to construct such facilities;’’. 

21 (2) OUTREACH AND COLLABORATION.—Para22 graph (11) of section 323(a) is amended to read as 

23 follows: 

24 ‘‘(11) Establishing community outreach pro25 grams and collaborative partnerships between part B 
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1 institutions and local elementary or secondary 

2 schools. Such partnerships may include mentoring, 

3 tutoring, or other instructional opportunities that 

4 will boost student academic achievement and assist 

5 elementary and secondary school students in devel6 oping the academic skills and the interest to pursue 

7 postsecondary education.’’. 

8 (b) TECHNICAL ASSISTANCE.—Section 323 (20 

9 U.S.C. 1062) is amended—

10 (1) by redesignating subsection (c) as sub11 section (d); and 

12 (2) by inserting after subsection (b) the fol13 lowing new subsection: 

14 ‘‘(c) TECHNICAL ASSISTANCE.—

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

16 more than 2 percent of the grant funds provided 

17 under this part to secure technical assistance serv18 ices. 

19 ‘‘(2) TECHNICAL ASSISTANCE SERVICES.—

20 Technical assistance services may include assistance 

21 with enrollment management, financial management, 

22 and strategic planning. 

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

24 the Secretary on an annual basis, in such form as 
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1 the Secretary requires, on the use of funds under 

2 this subsection.’’. 

3 (c) DISTANCE LEARNING.—Section 323(a)(2) (20 

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

5 or improvement of facilities for Internet use or other dis6 tance learning academic instruction capabilities and’’ after 

7 ‘‘including’’. 

8 (d) MINIMUM GRANTS.—Section 324(d)(1) (20 

9 U.S.C. 1063(d)(1)) is amended by inserting before the pe10 riod at the end the following: ‘‘, except that, if the amount 

11 appropriated to carry out this part for any fiscal year ex12 ceeds the amount required to provide to each institution 

13 an amount equal to the total amount received by such in14 stitution under subsections (a), (b), and (c) for the pre15 ceding fiscal year, then the amount of such excess appro16 priation shall first be applied to increase the minimum al17 lotment under this subsection to $750,000’’. 

18 (e) ELIGIBLE GRADUATE OR PROFESSIONAL

19 SCHOOLS.—

20 (1) GENERAL AUTHORITY.—Section 326(a)(1) 

21 (20 U.S.C. 1063b(a)(1)) is amended—

22 (A) by inserting ‘‘(A)’’ after ‘‘subsection 

23 (e) that’’; 

24 (B) by inserting before the period at the 

25 end the following: ‘‘, (B) is accredited by a na-
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1 tionally recognized accrediting agency or asso2 ciation determined by the Secretary to be a reli3 able authority as to the quality of training of4 fered, and (C) according to such an agency or 

5 association, is in good standing’’. 

6 (2) ELIGIBLE INSTITUTIONS.—Section 

7 326(e)(1) (20 U.S.C. 1063b(e)(1)) is amended—

8 (A) by striking ‘‘and’’ at the end of sub9 paragraph (Q); 

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

11 subparagraph (R) and inserting a semicolon; 

12 and 

13 (C) by adding at the end the following new 

14 subparagraphs: 

15 ‘‘(S) Alabama State University qualified 

16 graduate program; 

17 ‘‘(T) Prairie View AM University qualified 

18 graduate program; and 

19 ‘‘(U) Coppin State University qualified 

20 graduate program.’’. 

21 (3) CONFORMING AMENDMENT.—Section 

22 326(e)(3) (20 U.S.C. 1063b(e)(3)) is amended—

23 (A) by striking ‘‘1998’’ and inserting 

24 ‘‘2005’’; and 
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1 (B) by striking ‘‘(Q) and (R)’’ and insert2 ing ‘‘(S), (T), and (U)’’. 

3 (f) PROFESSIONAL OR GRADUATE INSTITUTIONS.—

4 Section 326(f) (20 U.S.C. 1063b(f)) is amended—

5 (1) in paragraph (1)—

6 (A) by striking ‘‘$26,600,000’’ and insert7 ing ‘‘$55,500,000’’; and 

8 (B) by striking ‘‘(P)’’ and inserting ‘‘(R)’’; 

9 (2) in paragraph (2)—

10 (A) by striking ‘‘$26,600,000 but not in 

11 excess of $28,600,000’’ and inserting 

12 ‘‘$55,500,000, but not in excess of 

13 $58,500,000’’; and 

14 (B) by striking ‘‘subparagraphs (Q) and 

15 (R)’’ and inserting ‘‘subparagraphs (S), (T), 

16 and (U)’’; and 

17 (3) in paragraph (3)—

18 (A) by striking ‘‘$28,600,000’’ and insert19 ing ‘‘$58,500,000’’; and 

20 (B) by striking ‘‘(R)’’ and inserting ‘‘(U)’’. 

21 (g) HOLD HARMLESS.—Section 326(g) (20 U.S.C. 

22 1063b(g)) is amended by striking ‘‘1998’’ and inserting 

23 ‘‘2005’’. 

24 SEC. 304. TECHNICAL AMENDMENTS. 

25 (a) AMENDMENTS.—Title III is further amended—
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1 (1) in section 311(c) (20 U.S.C. 1057(c))—

2 (A) by redesignating paragraphs (7) 

3 through (12) as paragraphs (8) through (13), 

4 respectively; and 

5 (B) by inserting after paragraph (6) the 

6 following: 

7 ‘‘(7) Education or counseling services designed 

8 to improve the financial literacy and economic lit9 eracy of students and, as appropriate, their par10 ents.’’; 

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

12 1058(b)(1)(A)), by striking ‘‘subsection (c)’’ and in13 serting ‘‘subsection (d)’’; 

14 (3) in section 312(b)(1)(F) (20 U.S.C. 

15 1058(b)(1)(F)), by inserting ‘‘which is’’ before ‘‘lo16 cated’’; 

17 (4) in section 312(b)(1) (20 U.S.C. 

18 1058(b)(1)), by redesignating subparagraphs (E) 

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

20 and by inserting after subparagraph (D) the fol21 lowing new subparagraph: 

22 ‘‘(E) which provides a program that is not 

23 less than a 2-year educational program that is 

24 acceptable for full credit toward a bachelor’s de25 gree;’’; 
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1 (5) in section 316(c)(2) (20 U.S.C. 

2 1059c(c)(2))—

3 (A) by redesignating subparagraphs (G) 

4 through (M) (as redesignated by section 

5 301(b)(2) of this Act) as subparagraphs (H) 

6 through (N), respectively; 

7 (B) by inserting after subparagraph (F) 

8 the following: 

9 ‘‘(G) education or counseling services de10 signed to improve the financial literacy and eco11 nomic literacy of students and, as appropriate, 

12 their parents;’’; and 

13 (C) in subparagraph (N), as redesignated 

14 by subparagraph (A), by striking ‘‘subpara15 graphs (A) through (K)’’ and inserting ‘‘sub16 paragraphs (A) through (M)’’; 

17 (6) in section 317(c)(2) (20 U.S.C. 

18 1059d(c)(2))—

19 (A) in subparagraph (G), by striking 

20 ‘‘and’’ after the semicolon; 

21 (B) in subparagraph (H), by striking the 

22 period at the end and inserting ‘‘; and’’; and 

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

24 ‘‘(I) education or counseling services de25 signed to improve the financial literacy and eco-
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1 nomic literacy of students and, as appropriate, 

2 their parents.’’; 

3 (7) in section 323(a) (20 U.S.C. 1062(a))—

4 (A) by striking ‘‘section 360(a)(2)’’ and in5 serting ‘‘399(a)(2)’’; 

6 (B) by redesignating paragraphs (7) 

7 through (12) as paragraphs (8) through (13), 

8 respectively; and 

9 (C) by inserting after paragraph (6) the 

10 following: 

11 ‘‘(7) Education or counseling services designed 

12 to improve the financial literacy and economic lit13 eracy of students and, as appropriate, their par14 ents.’’; 

15 (8) in section 324(d)(2) (20 U.S.C. 

16 1063(d)(2)), by striking ‘‘section 360(a)(2)(A)’’ and 

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

18 (9) in section 326(e)(1) (20 U.S.C. 

19 1063b(e)(1)), in the matter preceding subparagraph 

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

21 (10) in section 327(b) (20 U.S.C. 1063c(b)), by 

22 striking ‘‘initial’’; 

23 (11) in section 342(5)(C) (20 U.S.C. 

24 1066a(5)(C))—
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1 (A) by inserting a comma after ‘‘equip2 ment’’ the first place it appears; and 

3 (B) by striking ‘‘technology,,’’ and insert4 ing ‘‘technology,’’; 

5 (12) in section 343(e) (20 U.S.C. 1066b(e)), by 

6 inserting after the subsection designation the fol7 lowing: ‘‘SALE OF QUALIFIED BONDS.—’’; 

8 (13) in section 351(a) (20 U.S.C. 1067a(a)), by 

9 striking ‘‘of 1979’’; 

10 (14) in section 391(b)(7)(E) (20 U.S.C. 

11 1068(b)(7)(E)), by striking ‘‘subparagraph (E)’’ and 

12 inserting ‘‘subparagraph (D)’’; and 

13 (15) in section 396 (20 U.S.C. 1068e), by strik14 ing ‘‘section 360’’ and inserting ‘‘section 399’’. 

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

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

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

18 1636), is repealed. 

19 SEC. 305. TITLE III AUTHORIZATIONS. 

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

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

22 and inserting ‘‘2006’’; 

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

24 place it appears and inserting ‘‘5 succeeding fiscal 

25 years’’; 
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1 (3) in paragraph (1)—

2 (A) by striking ‘‘$10,000,000’’ in subpara3 graph (B) and inserting ‘‘$23,800,000’’; and 

4 (B) by striking ‘‘$5,000,000’’ in subpara5 graph (C) and inserting ‘‘$11,900,000’’; 

6 (4) in paragraph (2)—

7 (A) by striking ‘‘$135,000,000’’ in sub8 paragraph (A) and inserting ‘‘$241,000,000’’; 

9 and 

10 (B) by striking ‘‘$35,000,000’’ in subpara11 graph (B) and inserting ‘‘$59,000,000’’; and 

12 (5) in paragraph (4), by striking ‘‘$110,000’’ 

13 and inserting ‘‘$212,000’’. 

14 TITLE IV—STUDENT ASSISTANCE 

15 PART A—GRANTS TO STUDENTS 

16 SEC. 401. PELL GRANTS. 

17 (a) EXTENSION OF AUTHORITY.—Section 401(a) (20 

18 U.S.C. 1070a(a)) is amended by striking ‘‘2004’’ and in19 serting ‘‘2012’’. 

20 (b) DIRECT PAYMENT.—Section 401(a) (20 U.S.C. 

21 1070a(a)) is further amended—

22 (1) by striking paragraph (2); and 

23 (2) by redesignating paragraph (3) as para24 graph (2). 
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1 (c) MAXIMUM GRANT EXTENSION.—Paragraph 

2 (2)(A) of section 401(b) (20 U.S.C. 1070a(b)(2)(A)) is 

3 amended to read as follows: 

4 ‘‘(2)(A) The amount of the Federal Pell Grant for 

5 a student eligible under this part shall be $5,800 for aca6 demic years 2006–2007 through 2012–2013, less an 

7 amount equal to the amount determined to be the expected 

8 family contribution with respect to that student for that 

9 year.’’. 

10 (d) TUITION SENSITIVITY.—Section 401(b) is further 

11 amended—

12 (1) by striking paragraph (3); and 

13 (2) by redesignating paragraphs (4) through 

14 (8) as paragraphs (3) through (7), respectively. 

15 (e) MULTIPLE GRANTS.—Paragraph (5) of section 

16 401(b) (as redesignated by subsection (d)(2)) is amended 

17 to read as follows: 

18 ‘‘(5) YEAR-ROUND PELL GRANTS.—

19 ‘‘(A) IN GENERAL.—The Secretary shall, 

20 for students enrolled full time in a bacca21 laureate degree program of study at an eligible 

22 institution, award such students two Pell grants 

23 during a single award year to permit such stu24 dents to accelerate progress toward their degree 
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1 objectives by enrolling in academic programs for 

2 12 months rather than 9 months. 

3 ‘‘(B) LIMITATION.—The Secretary shall 

4 limit the awarding of additional Pell grants 

5 under this paragraph in a single award year to 

6 students attending baccalaureate degree grant7 ing institutions that have a graduation rate as 

8 reported by the Integrated Postsecondary Edu9 cation Data System for the 4 preceding aca10 demic years of at least 30 percent. 

11 ‘‘(C) EVALUATION.—The Secretary shall 

12 conduct an evaluation of the program under 

13 this paragraph and submit to the Congress an 

14 evaluation report no later than October 1, 

15 2011. 

16 ‘‘(D) REGULATIONS REQUIRED.—The Sec17 retary shall promulgate regulations imple18 menting this paragraph.’’. 

19 (f) ELIGIBILITY PERIOD.—Section 401(c)(2) (20 

20 U.S.C. 1070a(c)(2)) is amended by inserting ‘‘, for not 

21 more than one academic year,’’ after ‘‘which are deter22 mined by the institution’’ in the first sentence. 

23 (g) PELL GRANTS PLUS: ACHIEVEMENT GRANTS

24 FOR STATE SCHOLARS PROGRAM.—
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1 (1) AMENDMENT.—Subpart 1 of part A of title 

2 IV is amended by inserting after section 401 (20 

3 U.S.C. 1070a) the following new section: 

4 ‘‘SEC. 401A. PELL GRANTS PLUS: ACHIEVEMENT GRANTS 

5 FOR STATE SCHOLARS. 

6 ‘‘(a) GRANTS AUTHORIZED.—From sums appro7 priated to carry out section 401, the Secretary shall estab8 lish a program to award Pell Grants Plus to students 

9 who—

10 ‘‘(1) have successfully completed—

11 ‘‘(A) a rigorous high school program of 

12 study established by a State or local educational 

13 agency in consultation with a State coalition as14 sisted by the Center for State Scholars; or 

15 ‘‘(B) a high school program of study estab16 lished by a State or local educational agency 

17 that is as or more rigourous than a program 

18 described in subparagraph (A); 

19 ‘‘(2) are enrolled full-time in the first academic 

20 year of undergraduate education, and have not been 

21 previously enrolled in a program of undergraduate 

22 education; and 

23 ‘‘(3) are eligible to receive Federal Pell Grants 

24 for the year in which the grant is awarded. 

25 ‘‘(b) AMOUNT OF GRANTS.—
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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2), the amount of the grant awarded under 

3 this section to any student for any award year shall 

4 be an amount equal to one-half the amount of the 

5 Pell grant awarded to such student for such award 

6 year. 

7 ‘‘(2) ASSISTANCE NOT TO EXCEED COST OF AT8 TENDANCE.—A grant awarded under this section to 

9 any student, in combination with the Federal Pell 

10 Grant assistance and other student financial assist11 ance available to such student, may not exceed the 

12 student’s cost of attendance. 

13 ‘‘(c) SELECTION OF RECIPIENTS.—

14 ‘‘(1) PROCEDURES ESTABLISHED BY REGULA15 TION.—The Secretary shall establish by regulation 

16 procedures for the determination of eligibility of stu17 dents for the grants awarded under this section. 

18 Such procedures shall include measures to ensure 

19 that eligibility is determined in a timely and accu20 rate manner consistent with the requirements of sec21 tion 482 and the submission of the financial aid 

22 form required by section 483. 

23 ‘‘(2) REQUIRED INFORMATION.—Each eligible 

24 student desiring an award under this section shall 
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1 submit at such time and in such manner such infor2 mation as the Secretary may reasonably require. 

3 ‘‘(3) CONTINUATION OF GRANT REQUIRE4 MENTS.—In order for a student to continue to be el5 igible to receive an award under this section for the 

6 second year of undergraduate education, the eligible 

7 student must—

8 ‘‘(A) maintain eligibility to receive a Fed9 eral Pell Grant for that year; 

10 ‘‘(B) obtain a grade point average of at 

11 least 3.0 (or the equivalent as determined under 

12 regulations prescribed by the Secretary) for the 

13 first year of undergraduate education; and 

14 ‘‘(C) be enrolled full-time and fulfill the re15 quirements for satisfactory progress described 

16 in section 484(c). 

17 ‘‘(d) EVALUATION AND REPORTS.—The Secretary 

18 shall monitor the progress, retention, and completion rates 

19 of the students to whom awards are provided under this 

20 section. In doing so, the Secretary shall evaluate the im21 pact of the Pell Grants Plus Program and report, not less 

22 than biennially, to the authorizing committees of the 

23 House of Representatives and the Senate.’’. 
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1 (2) CONFORMING AMENDMENT.—Chapter 3 of 

2 subpart 2 of part A of title IV (20 U.S.C. 1070a–

3 31 through 1070a–35) is repealed. 

4 SEC. 402. TRIO PROGRAMS. 

5 (a) DURATION OF GRANTS.—

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

7 U.S.C. 1070a–11(b)(2)) is amended to read as fol8 lows: 

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

10 under this chapter shall be awarded for a period of 

11 5 years, except that—

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

13 awarded for a period of 2 years; and 

14 ‘‘(B) grants under section 402H shall be 

15 awarded for a period determined by the Sec16 retary.’’. 

17 (2) TRANSITION TO SYNCHRONOUS GRANT PE18 RIODS.—Notwithstanding section 402A(b)(2) of the 

19 Higher Education Act of 1965 (as in effect both 

20 prior to and after the amendment made by para21 graph (1) of this subsection), the Secretary of Edu22 cation may continue an award made before the date 

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

24 402D, 402E, or 402F of such Act as necessary to 

25 permit all the awards made under such a section to 
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1 expire at the end of the same fiscal year, and there2 after to expire at the end of 5 years as provided in 

3 the amendment made by paragraph (1) of this sub4 section. 

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

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

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

8 or agency requests a smaller amount, individual 

9 grants for programs authorized under this chapter 

10 shall be no less than $200,000, except that indi11 vidual grants for programs authorized under section 

12 402G shall be no less than $170,000.’’. 

13 (c) PRIOR EXPERIENCE; NOVICE APPLICANTS.—Sec14 tion 402A(c)(2) (20 U.S.C. 1070a–11(c)(2)) is amend15 ed—

16 (1) by striking ‘‘In making grants’’ and insert17 ing ‘‘(A) Subject to subparagraph (B), in making 

18 grants’’; and 

19 (2) by adding at the end the following new sub20 paragraph: 

21 ‘‘(B) From the amount available under sub22 section (f) for a program under this chapter (other 

23 than a program under section 402G or 402H) for 

24 any fiscal year in which the Secretary conducts a 

25 competition for the award of grants or contracts 
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1 under such program, the Secretary shall reserve 10 

2 percent of such available amount for purposes of 

3 funding applications from novice applicants. If the 

4 Secretary determines that there are an insufficient 

5 number of qualified novice applicants to utilize the 

6 amount so reserved, the Secretary shall restore the 

7 unutilized remainder of the amount reserved for use 

8 by applicants qualifying under subparagraph (A).’’. 

9 (d) APPLICATION STATUS.—Section 402A(c) (20 

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

11 (7). 

12 (e) DOCUMENTATION OF STATUS.—Section 402A(e) 

13 (20 U.S.C. 1070a–11(e)) is amended by striking ‘‘(g)(2)’’ 

14 each place it appears in paragraphs (1) and (2) and insert15 ing ‘‘(g)(4)’’. 

16 (f) AUTHORIZATION OF APPROPRIATIONS.—Section 

17 402A(f) (20 U.S.C. 1070a–11(f)) is amended by striking 

18 ‘‘$700,000,000 for fiscal year 1999, and such sums as 

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

20 and inserting ‘‘$836,500,000 for fiscal year 2006 and 

21 such sums as may be necessary for each of the 5 suc22 ceeding fiscal years’’. 

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

24 1070a–11(g)) is amended—
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1 (1) in paragraph (3), by striking ‘‘by reason of 

2 such individual’s age’’; 

3 (2) by redesignating paragraphs (1) through 

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

5 (3) by inserting before paragraph (3), as redes6 ignated, the following: 

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

8 campus’ means an institutional site that—

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

10 campus of the institution; 

11 ‘‘(B) is permanent in nature; and 

12 ‘‘(C) offers courses in educational pro13 grams leading to a degree, certificate, or other 

14 recognized educational credential. 

15 ‘‘(2) DIFFERENT POPULATION.—The term ‘dif16 ferent population’ means a group of individuals, with 

17 respect to whom an entity seeks to serve through an 

18 application for funding under this chapter, that—

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

20 other population that the entity seeks to serve 

21 through an application for funding under this 

22 chapter; or 

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

24 as another population that the entity seeks to 

25 serve through an application for funding under 
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1 this chapter, has distinct needs for specialized 

2 services.’’. 

3 (h) EDUCATION AND COUNSELING SERVICES.—

4 Chapter 1 of subpart 2 of part A of title IV is further 

5 amended—

6 (1) in section 402B(b) (20 U.S.C. 1070a–

7 12(b))—

8 (A) by redesignating paragraphs (3) 

9 through (10) as paragraphs (4) through (11), 

10 respectively; 

11 (B) by inserting after paragraph (2) the 

12 following: 

13 ‘‘(3) education or counseling services designed 

14 to improve the financial literacy and economic lit15 eracy of students and, as appropriate, their par16 ents;’’; and 

17 (C) in paragraph (11), as redesignated by 

18 subparagraph (A), by striking ‘‘paragraphs (1) 

19 through (9)’’ and inserting ‘‘paragraphs (1) 

20 through (10)’’. 

21 (2) in section 402C (20 U.S.C. 1070a–13)—

22 (A) in subsection (b)—

23 (i) by redesignating paragraphs (2) 

24 through (12) as paragraphs (3) through 

25 (13), respectively; 
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1 (ii) by inserting after paragraph (1) 

2 the following: 

3 ‘‘(2) education or counseling services designed 

4 to improve the financial literacy and economic lit5 eracy of students and, as appropriate, their par6 ents;’’; and 

7 (iii) in paragraph (13), as redesig8 nated by clause (i), by striking ‘‘para9 graphs (1) through (11)’’ and inserting 

10 ‘‘paragraphs (1) through (12)’’; and 

11 (B) in subsection (e), by striking ‘‘sub12 section (b)(10)’’ and inserting ‘‘subsection 

13 (b)(11)’’; 

14 (3) in section 402D(b) (20 U.S.C. 1070a–

15 14(b))—

16 (A) by redesignating paragraphs (2) 

17 through (10) as paragraphs (3) through (11), 

18 respectively; 

19 (B) by inserting after paragraph (1) the 

20 following: 

21 ‘‘(2) education or counseling services designed 

22 to improve the financial literacy and economic lit23 eracy of students and, as appropriate, their par24 ents;’’; and 
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1 (C) in paragraph (11), as redesignated by 

2 subparagraph (A), by striking ‘‘paragraphs (1) 

3 through (9)’’ and inserting ‘‘paragraphs (1) 

4 through (10)’’; 

5 (4) in section 402E(b) (20 U.S.C. 1070a–

6 15(b))—

7 (A) by redesignating paragraphs (7) and 

8 (8) as paragraphs (8) and (9), respectively; and 

9 (B) by inserting after paragraph (6) the 

10 following: 

11 ‘‘(7) education or counseling services designed 

12 to improve the financial literacy and economic lit13 eracy of students and, as appropriate, their par14 ents;’’; 

15 (5) in section 402F(b) (20 U.S.C. 1070a–

16 16(b))—

17 (A) by redesignating paragraphs (4) 

18 through (10) as paragraphs (5) through (11), 

19 respectively; 

20 (B) by inserting after paragraph (3) the 

21 following: 

22 ‘‘(4) education or counseling services designed 

23 to improve the financial literacy and economic lit24 eracy of students and, as appropriate, their par25 ents;’’; and 
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1 (C) in paragraph (11), as redesignated by 

2 subparagraph (A), by striking ‘‘paragraphs (1) 

3 through (9)’’ and inserting ‘‘paragraphs (1) 

4 through (10)’’. 

5 (i) MAXIMUM STIPENDS.—Section 402C(e) (20 

6 U.S.C. 1070a–13(e)) is amended—

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

8 and 

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

10 (j) STUDENT SUPPORT SERVICES.—Section 

11 402D(d)(6) (20 U.S.C. 1070a–14(d)(6)) is amended—

12 (1) by striking ‘‘and’’ at the end of subpara13 graph (A); 

14 (2) by striking the period at the end of sub15 paragraph (B) and inserting ‘‘; and’’; and 

16 (3) by inserting after subparagraph (B) the fol17 lowing new subparagraph: 

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

19 low-income working adults to increase access to 

20 and successful progress in postsecondary edu21 cation by low-income working adults seeking 

22 their first postsecondary degree or certificate.’’. 

23 (k) POSTBACCALAUREATE ACHIEVEMENT MAXIMUM

24 STIPENDS.—Section 402E(e)(1) (20 U.S.C. 1070a–
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1 15(e)(1)) is amended by striking ‘‘$2,800’’ and inserting 

2 ‘‘$5,000’’. 

3 (l) EDUCATIONAL OPPORTUNITY CENTERS: APPLICA4 TION APPROVAL.—Section 402F(c) (20 U.S.C. 1070a–

5 16(c)) is amended—

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

7 (2); 

8 (2) by striking the period at the end of para9 graph (3) and inserting ‘‘; and’’; and 

10 (3) by inserting after paragraph (3) the fol11 lowing new paragraph: 

12 ‘‘(4) consider the extent to which the proposed 

13 project would provide services to low-income working 

14 adults in the region to be served, in order to in15 crease access to postsecondary education by low-in16 come working adults.’’. 

17 SEC. 403. GEARUP. 

18 (a) DURATION OF AWARDS.—Section 404A(b) (20 

19 U.S.C. 1070a–21(b)) is amended—

20 (1) in paragraph (2)(B), by striking ‘‘Higher 

21 Education Amendments of 1998’’ and inserting 

22 ‘‘College Access and Opportunity Act of 2005’’; and 

23 (2) by adding at the end thereof the following 

24 new paragraph: 
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1 ‘‘(3) DURATION.—An award made by the Sec2 retary under this chapter to an eligible entity de3 scribed in paragraph (1) or (2) of subsection (c) 

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

5 (b) CONTINUING ELIGIBILITY.—Section 404A (20 

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

7 following new subsection: 

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

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

10 of any grant under this chapter (including a continuation 

11 award).’’. 

12 (c) CONTINUITY OF SERVICE.—

13 (1) COHORT APPROACH.—Section 

14 404B(g)(1)(B) (20 U.S.C. 1070a–22(g)(1)(B)) is 

15 amended by inserting ‘‘and provide the option of 

16 continued services through the student’s first year of 

17 attendance at an eligible institution of higher edu18 cation’’ after ‘‘grade level’’. 

19 (2) EARLY INTERVENTION.—Section 404D (20 

20 U.S.C. 1070a–24) is amended—

21 (A) in subsection (b)(2)(A), by inserting 

22 ‘‘and students in the first year of attendance at 

23 an eligible institution of higher education’’ after 

24 ‘‘grade 12’’; and 
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1 (B) in subsection (c), by inserting ‘‘and 

2 may consider students in their first year of at3 tendance at an eligible institution who is eligi4 ble’’ after ‘‘grade 12’’. 

5 (d) COORDINATION.—Section 404C(a)(2) (20 U.S.C. 

6 1070a–23(a)(2)) is amended—

7 (1) by striking ‘‘and’’ at the end of subpara8 graph (A); 

9 (2) by redesignating subparagraph (B) as sub10 paragraph (C); and 

11 (3) by inserting after subparagraph (A) the fol12 lowing new subparagraph: 

13 ‘‘(B) describe activities for coordinating, 

14 complementing, and enhancing services under 

15 this chapter provided by other eligible entities 

16 in the State; and’’. 

17 (e) EDUCATION AND COUNSELING SERVICES.—Sec18 tion 404D(b)(2)(A)(ii) (20 U.S.C. 1070a–24(b)(2)(A)(ii)) 

19 is amended by striking ‘‘and academic counseling’’ and in20 serting ‘‘academic counseling, and financial literacy and 

21 economic literacy education or counseling’’. 

22 (f) REAUTHORIZATION.—Section 404H (20 U.S.C. 

23 1070a–28) is amended by striking ‘‘$200,000,000 for fis24 cal year 1999 and such sums as may be necessary for each 

25 of the 4 succeeding fiscal years’’ and inserting 
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1 ‘‘$306,500,000 for fiscal year 2006 and such sums as may 

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

3 SEC. 404. FEDERAL SUPPLEMENTAL EDUCATIONAL OPPOR4 TUNITY GRANTS. 

5 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

6 413A(b)(1) (20 U.S.C. 1070b(b)(1)) is amended by strik7 ing ‘‘$675,000,000 for fiscal year 1999 and such sums 

8 as may be necessary for the 4 succeeding fiscal years’’ and 

9 inserting ‘‘$779,000,000 for fiscal year 2006 and such 

10 sums as may be necessary for the 5 succeeding fiscal 

11 years’’. 

12 (b) PHASEOUT OF ALLOCATION BASED ON PREVIOUS

13 ALLOCATIONS.—

14 (1) AMENDMENT.—Subsection (a) of section 

15 413D (20 U.S.C. 1070b–3(a)) is amended to read as 

16 follows: 

17 ‘‘(a) ALLOCATION BASED ON PREVIOUS ALLOCA18 TION.—

19 ‘‘(1) BASE GUARANTEE.—From the amount ap20 propriated pursuant to section 413A(b) for each fis21 cal year after fiscal year 2007, the Secretary shall, 

22 subject to paragraph (2), first allocate to each eligi23 ble institution an amount equal to the following per24 centage of the amount such institution received 

25 under subsection (a) of this section for fiscal year 
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1 2007 (as such subsection was in effect with respect 

2 to allocations for such fiscal year): 

3 ‘‘(A) 80 percent for fiscal years 2008 and 

4 2009; 

5 ‘‘(B) 60 percent for fiscal years 2010 and 

6 2011; 

7 ‘‘(C) 40 percent for fiscal years 2012 and 

8 2013; 

9 ‘‘(D) 20 percent for fiscal years 2014 and 

10 2015; and 

11 ‘‘(E) 0 percent for fiscal year 2016 and 

12 any succeeding fiscal year. 

13 ‘‘(2) RATABLE REDUCTIONS FOR INSUFFICIENT

14 APPROPRIATIONS.—

15 ‘‘(A) REDUCTION OF BASE GUARANTEE.—

16 If the amount appropriated for any fiscal year 

17 is less than the amount required to be allocated 

18 to all institutions under this subsection, then 

19 the amount of the allocation to each such insti20 tution shall be ratably reduced. 

21 ‘‘(B) ADDITIONAL APPROPRIATIONS ALLO22 CATION.—If additional amounts are appro23 priated for any such fiscal year, such reduced 

24 amounts shall be increased on the same basis as 

25 they were reduced (until the amount allocated 
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1 equals the amount required to be allocated 

2 under this subsection). 

3 ‘‘(3) ADDITIONAL ALLOCATIONS FOR CERTAIN

4 INSTITUTIONS.——

5 ‘‘(A) ALLOCATIONS PERMITTED.—Notwith6 standing any other provision of this section, the 

7 Secretary may allocate an amount equal to not 

8 more than 10 percent of the amount by which 

9 the amount appropriated in any fiscal year to 

10 carry out this subpart exceeds $700,000,000 

11 among eligible institutions described in sub12 paragraph (B). 

13 ‘‘(B) ELIGIBLE INSTITUTIONS.—For pur14 poses of subparagraph (A)—

15 ‘‘(i) an eligible institution that is a 4-

16 year institution may receive an allocation 

17 under subparagraph (A) if more than 50 

18 percent of the students who are degree19 seeking Pell Grant recipients attending 

20 such institution graduate within 4 calendar 

21 years of the first day of enrollment; and 

22 ‘‘(ii) an eligible institution that is a 2-

23 year institution may receive an allocation 

24 under subparagraph (A) if more than 50 

25 percent of the students who are degree-
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1 seeking Pell Grant recipients attending 

2 such institution graduate within 2 calendar 

3 years of the first day of enrollment.’’. 

4 (2) EFFECTIVE DATE.—The amendment made 

5 by paragraph (1) shall apply with respect to any 

6 amounts appropriated under section 413A(b) of the 

7 Higher Education Act of 1965 (20 U.S.C. 1070b(b)) 

8 for fiscal year 2008 or any succeeding fiscal year. 

9 (c) BOOKS AND SUPPLIES.—Section 413D(c)(3)(D) 

10 (20 U.S.C. 1070–3(c)(3)(D)) is amended by striking 

11 ‘‘$450’’ and inserting ‘‘$600’’. 

12 SEC. 405. LEAP. 

13 Section 415A(b)(1) (20 U.S.C. 1070c(b)(1)) is 

14 amended—

15 (1) by striking ‘‘1999’’ and inserting ‘‘2006’’; 

16 and 

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

18 succeeding’’. 

19 SEC. 406. HEP/CAMP PROGRAM. 

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

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

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

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

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

3 services’’; 

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

5 (b)(7), by striking the period at the end of sub6 section (b)(8) and inserting ‘‘; and’’, and by adding 

7 at the end of subsection (b) the following new para8 graph: 

9 ‘‘(9) follow-up activity and reporting require10 ments, except that not more than 2 percent of the 

11 funds provided under this section may be used for 

12 such purposes.’’; 

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

14 whose spouse’’ after ‘‘themselves’’; 

15 (6) in subsection (c)(1)(B), by striking clause 

16 (i) and inserting the following: 

17 ‘‘(i) personal, academic, career, and eco18 nomic education or personal finance counseling 

19 as an ongoing part of the program;’’; 

20 (7) in subsection (c)(2)(B), by inserting ‘‘(in21 cluding mentoring and guidance of such students)’’ 

22 after ‘‘services’’; 

23 (8) in subsection (c)(2), by striking ‘‘and’’ at 

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

25 at the end of subparagraph (B) and inserting ‘‘; 
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1 and’’, and by adding at the end of subsection (c)(2) 

2 the following new subparagraph: 

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

4 does not award a bachelor’s degree, encour5 aging the transfer to, and persistence in, such 

6 a program, and monitoring the rate of such 

7 transfer, persistence, and completion.’’; 

8 (9) in subsection (e), by striking ‘‘section 

9 402A(c)(1)’’ and inserting ‘‘section 402A(c)(2)’’; 

10 and 

11 (10) in subsection (h)—

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

13 ‘‘$15,000,000 for fiscal year 1999 and such 

14 sums as may be necessary for each of the 4 

15 succeeding fiscal years’’ and inserting 

16 ‘‘$24,000,000 for fiscal year 2006 and such 

17 sums as may be necessary for each of the 5 

18 succeeding fiscal years’’; and 

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

20 ‘‘$5,000,000 for fiscal year 1999 and such 

21 sums as may be necessary for each of the 4 

22 succeeding fiscal years’’ and inserting 

23 ‘‘$16,000,000 for fiscal year 2006 and such 

24 sums as may be necessary for each of the 5 

25 succeeding fiscal years’’. 
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1 SEC. 407. BYRD SCHOLARSHIP. 

2 Section 419K (20 U.S.C. 1070d–41) is amended—

3 (1) by striking ‘‘1999’’ and inserting ‘‘2006’’; 

4 and 

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

6 succeeding’’. 

7 SEC. 408. CHILD CARE ACCESS. 

8 Section 419N(g) (20 U.S.C. 1070e(g)) is amended—

9 (1) by striking ‘‘1999’’ and inserting ‘‘2006’’; 

10 and 

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

12 succeeding’’. 

13 SEC. 409. LEARNING ANYTIME ANYWHERE PARTNERSHIPS. 

14 (a) REPEAL.—Subpart 8 of part A of title IV (20 

15 U.S.C. 1070f—1070f–6) is repealed. 

16 (b) CONFORMING AMENDMENT.—Section 400(b) (20 

17 U.S.C. 1070(b)) is amended by striking ‘‘through 8’’ and 

18 inserting ‘‘through 7’’. 

19 SEC. 410. TECHNICAL AMENDMENTS. 

20 Part A of title IV is further amended as follows: 

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

22 33(b)(1)) is amended by inserting ‘‘and’’ after the 

23 semicolon at the end thereof. 

24 (2) Section 419D(d) (20 U.S.C. 1070d–34(d)) 

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

26 inserting ‘‘Public Law 95–134’’. 
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1 PART B—FEDERAL FAMILY EDUCATION LOAN 

2 PROGRAM 

3 SEC. 421. REAUTHORIZATION OF FEDERAL FAMILY EDU4 CATION LOAN PROGRAM. 

5 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

6 421(b)(5) (20 U.S.C. 1071(b)(5)) is amended by striking 

7 ‘‘administrative cost allowance’’ and inserting ‘‘loan proc8 essing and issuance fee’’. 

9 (b) EXTENSION OF AUTHORITY.—

10 (1) FEDERAL INSURANCE LIMITATIONS.—Sec11 tion 424(a) (20 U.S.C. 1074(a)) is amended—

12 (A) by striking ‘‘2004’’ and inserting 

13 ‘‘2012’’; and 

14 (B) by striking ‘‘2008’’ and inserting 

15 ‘‘2016’’. 

16 (2) GUARANTEED LOANS.—Section 428(a)(5) 

17 (20 U.S.C. 1078(a)(5)) is amended—

18 (A) by striking ‘‘2004’’ and inserting 

19 ‘‘2012’’; and 

20 (B) by striking ‘‘2008’’ and inserting 

21 ‘‘2016’’. 

22 (3) CONSOLIDATION LOANS.—Section 428C(e) 

23 (20 U.S.C. 1078–3(e)) is amended by striking 

24 ‘‘2004’’ and inserting ‘‘2012’’. 
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1 SEC. 422. LOAN LIMITS. 

2 (a) FEDERAL INSURANCE LIMITS.—Section 

3 425(a)(1)(A) (20 U.S.C. 1075(a)(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 (b) GUARANTEE LIMITS.—Section 428(b)(1)(A) (20 

9 U.S.C. 1078(b)(1)(A)) is amended—

10 (1) in clause (i)(I), by striking ‘‘$2,625’’ and 

11 inserting ‘‘$3,500’’; and 

12 (2) in clause (ii)(I), by striking ‘‘$3,500’’ and 

13 inserting ‘‘$4,500’’. 

14 (c) COUNTING OF CONSOLIDATION LOANS AGAINST

15 LIMITS.—Section 428C(a)(3)(B) (20 U.S.C. 1078–

16 3(a)(3)(B)) is amended by adding at the end the following 

17 new clause: 

18 ‘‘(ii) Loans made under this section shall, to 

19 the extent used to discharge loans made under this 

20 title, be counted against the applicable limitations on 

21 aggregate indebtedness contained in sections 

22 425(a)(2), 428(b)(1)(B), 428H(d), 455, and 

23 464(a)(2)(B).’’. 

24 (d) EFFECTIVE DATE.—The amendments made by 

25 this section shall apply with respect to any loan made, in26 sured, or guaranteed under part B or part D of title IV 
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1 of the Higher Education Act of 1965 for which the first 

2 disbursement of principal is made on or after July 1, 

3 2007. 

4 SEC. 423. INTEREST RATES AND SPECIAL ALLOWANCES. 

5 (a) FFEL INTEREST RATE.—Section 427A (20 

6 U.S.C. 1077a(k)) is amended—

7 (1) in subsection (k)—

8 (A) by striking ‘‘, AND BEFORE JULY 1, 

9 2006’’ in the heading of such subsection; and 

10 (B) by striking ‘‘, and before July 1, 

11 2006,’’ each place it appears other than para12 graph (4); 

13 (2) by striking subsection (l); and 

14 (3) by redesignating subsections (m) and (n) as 

15 subsections (l) and (m), respectively. 

16 (b) DIRECT LOAN INTEREST RATES.—Section 

17 455(b) (20 U.S.C. 1087e(b)) is amended—

18 (1) in paragraph (6)—

19 (A) by striking ‘‘, AND BEFORE JULY 1, 

20 2006’’ in the heading of such paragraph; and 

21 (B) by striking ‘‘, and before July 1, 

22 2006,’’ each place it appears other than sub23 paragraph (D); 

24 (2) by striking paragraph (7); and 
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1 (3) by redesignating paragraphs (8) and (9) as 

2 paragraphs (7) and (8), respectively. 

3 (c) CONSOLIDATION LOANS.—

4 (1) FFEL CONSOLIDATION LOANS.—Section 

5 427A(k) (20 U.S.C. 1077a(k)) is further amended—

6 (A) by redesignating paragraph (5) as 

7 paragraph (6); and 

8 (B) by inserting after paragraph (4) the 

9 following new paragraph: 

10 ‘‘(5) VARIABLE RATE FOR CONSOLIDATION

11 LOANS.—With respect to any consolidation loan 

12 under section 428C for which the application is re13 ceived by an eligible lender on or after July 1, 2006, 

14 the applicable rate of interest shall, during any 12-

15 month period beginning on July 1 and ending on 

16 June 30, be determined on the preceding June 1 

17 and be equal to—

18 ‘‘(A) the bond equivalent rate of 91-day 

19 Treasury bills auctioned at the final auction 

20 held prior to such June 1; plus 

21 ‘‘(B) 2.3 percent, 

22 except that such rate shall not exceed 8.25 percent, 

23 and the rate determined under paragraph (3) shall 

24 apply in lieu of the rate determined under this para25 graph in the case of any such consolidation loan that 
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1 is used to repay loans each of which was made under 

2 section 428B or was a Federal Direct PLUS Loan 

3 (or both).’’. 

4 (2) DIRECT CONSOLIDATION LOANS.—Section 

5 455(b)(6) (20 U.S.C. 1087e(b)(6)) is further 

6 amended—

7 (A) by redesignating subparagraph (E) as 

8 subparagraph (F); and 

9 (B) by inserting after subparagraph (D) 

10 the following new subparagraph: 

11 ‘‘(E) VARIABLE RATE FOR CONSOLIDATION

12 LOANS.—With respect to any Federal Direct 

13 Consolidation loan for which the application is 

14 received on or after July 1, 2006, the applicable 

15 rate of interest shall, during any 12-month pe16 riod beginning on July 1 and ending on June 

17 30, be determined on the preceding June 1 and 

18 be equal to—

19 ‘‘(i) the bond equivalent rate of 91-

20 day Treasury bills auctioned at the final 

21 auction held prior to such June 1; plus 

22 ‘‘(ii) 2.3 percent, 

23 except that such rate shall not exceed 8.25 per24 cent, and the rate determined under subpara25 graph (C) shall apply in lieu of the rate deter-
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1 mined under this subparagraph in the case of 

2 any such consolidation loan that is used to 

3 repay loans each of which was made under sec4 tion 428B or was a Federal Direct PLUS Loan 

5 (or both).’’. 

6 (d) CONSOLIDATION LOAN CONFORMING AMEND7 MENT.—Section 428C(c)(1)(A)(ii) (20 U.S.C. 1078–

8 3(c)(1)(A)(ii)) is amended by striking ‘‘section 

9 427A(l)(3)’’ and inserting ‘‘section 427A(k)(5)’’. 

10 (e) CONFORMING AMENDMENTS FOR SPECIAL AL11 LOWANCES.—

12 (1) AMENDMENT.—Subparagraph (I) of section 

13 438(b)(2) (20 U.S.C. 1087–1(b)(2)) is amended—

14 (A) by striking clause (ii) and inserting the 

15 following: 

16 ‘‘(ii) IN SCHOOL AND GRACE PE17 RIOD.—In the case of any loan for which 

18 the first disbursement is made on or after 

19 January 1, 2000, and for which the appli20 cable interest rate is described in section 

21 427A(k)(2), clause (i)(III) of this subpara22 graph shall be applied by substituting 

23 ‘1.74 percent’ for ‘2.34 percent’.’’; 

24 (B) in clause (iii)—

25 (i) by striking ‘‘or (l)(2)’’; and 
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1 (ii) by striking ‘‘, subject to clause (v) 

2 of this subparagraph’’; 

3 (C) in clause (iv)—

4 (i) by striking ‘‘or (l)(3)’’ and insert5 ing ‘‘or (k)(5)’’; and 

6 (ii) by striking ‘‘, subject to clause 

7 (vi) of this subparagraph’’; and 

8 (D) 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(k) and for which the 

16 first disbursement of principal is 

17 made on or after July 1, 2006, if the 

18 applicable interest rate for any 3-

19 month period exceeds the special al20 lowance rate applicable to such loan 

21 under this subparagraph for such pe22 riod, then an adjustment shall be 

23 made by calculating the excess inter24 est 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 rate determined under this sub12 paragraph; 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 (2) EFFECTIVE DATE.—The amendments made 

20 by this subsection shall not apply with respect to 

21 any special allowance payment made under section 

22 438 of the Higher Education Act of 1965 (20 U.S.C 

23 1087–1) before July 1, 2006. 
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1 SEC. 424. ADDITIONAL LOAN TERMS AND CONDITIONS. 

2 (a) DISBURSEMENT.—Section 428(b)(1)(N) (20 

3 U.S.C. 1078(b)(1)(N)(ii)) is amended—

4 (1) by striking ‘‘or’’ at the end of clause (i); 

5 and 

6 (2) by striking clause (ii) and inserting the fol7 lowing: 

8 ‘‘(ii) in the case of a student who is 

9 studying outside the United States in a 

10 program of study abroad that is approved 

11 for credit by the home institution at which 

12 such student is enrolled, are, at the re13 quest of the student, disbursed directly to 

14 the student by the means described in 

15 clause (i), unless such student requests 

16 that the check be endorsed, or the funds 

17 transfer authorized, pursuant to an au18 thorized power-of-attorney; or 

19 ‘‘(iii) in the case of a student who is 

20 studying outside the United States in a 

21 program of study at an eligible foreign in22 stitution, are, at the request of the foreign 

23 institution, disbursed directly to the stu24 dent by the means described in clause 

25 (i).’’. 

26 (b) REPAYMENT PLANS.—
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1 (1) FFEL LOANS.—Section 428(b)(9)(A) (20 

2 U.S.C. 1078(b)(9)(A)) is amended—

3 (A) by inserting before the semicolon at 

4 the end of clause (ii) the following: ‘‘, and the 

5 Secretary may not restrict the proportions or 

6 ratios by which such payments may be grad7 uated with the informed agreement of the bor8 rower’’; 

9 (B) by striking ‘‘and’’ at the end of clause 

10 (iii); 

11 (C) by redesignating clause (iv) as clause 

12 (v); and 

13 (D) by inserting after clause (iii) the fol14 lowing new clause: 

15 ‘‘(iv) a delayed repayment plan under 

16 which the borrower makes scheduled pay17 ments for not more than 2 years that are 

18 annually not less than the amount of inter19 est due or $600, whichever is greater, and 

20 then makes payments in accordance with 

21 clause (i), (ii), or (iii); and’’. 

22 (2) DIRECT LOANS.—Section 455(d)(1) (20 

23 U.S.C. 1087e(d)(1)) is amended—

24 (A) by redesignating subparagraph (D) as 

25 subparagraph (E); and 
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1 (B) by striking subparagraphs (A), (B), 

2 and (C) and inserting the following: 

3 ‘‘(A) a standard repayment plan, con4 sistent with subsection (a)(1) of this section 

5 and with section 428(b)(9)(A)(i); 

6 ‘‘(B) a graduated repayment plan, con7 sistent with section 428(b)(9)(A)(ii); 

8 ‘‘(C) an extended repayment plan, con9 sistent with section 428(b)(9)(A)(iv), except 

10 that the borrower shall annually repay a min11 imum amount determined by the Secretary in 

12 accordance with section 428(b)(1)(L); 

13 ‘‘(D) a delayed repayment plan under 

14 which the borrower makes scheduled payments 

15 for not more than 2 years that are annually not 

16 less than the amount of interest due or $600, 

17 whichever is greater, and then makes payments 

18 in accordance with subparagraph (A), (B), or 

19 (C); and’’. 

20 (c) ORIGINATION FEES.—

21 (1) AMENDMENTS.—Paragraph (2) of section 

22 438(c) (20 U.S.C. 1087–1(c)) is amended—

23 (A) by striking the designating and head24 ing of such paragraph and inserting the fol25 lowing: 
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1 ‘‘(2) AMOUNT OF ORIGINATION FEES.—

2 ‘‘(A) IN GENERAL.—’’; and 

3 (B) by adding at the end the following new 

4 subparagraphs: 

5 ‘‘(B) SUBSEQUENT REDUCTIONS.—Sub6 paragraph (A) shall be applied to loans made 

7 under this part other than loans made under 

8 sections 428C and 439(o)—

9 ‘‘(i) by substituting ‘2.0 percent’ for 

10 ‘3.0 percent’ with respect to loans for 

11 which the first disbursement of principal is 

12 made on or after July 1, 2006, and before 

13 July 1, 2008; 

14 ‘‘(ii) by substituting ‘1.5 percent’ for 

15 ‘3.0 percent’ with respect to loans for 

16 which the first disbursement of principal is 

17 made on or after July 1, 2008, and before 

18 July 1, 2010; and 

19 ‘‘(iii) by substituting ‘1.0 percent’ for 

20 ‘3.0 percent’ with respect to loans for 

21 which the first disbursement of principal is 

22 made on or after July 1, 2010.’’. 

23 (2) CONFORMING AMENDMENT TO DIRECT

24 LOAN PROGRAM.—Subsection (c) of section 455 (20 

25 U.S.C. 1087e(c)) is amended to read as follows: 
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1 ‘‘(c) LOAN FEE.—

2 ‘‘(1) IN GENERAL.—The Secretary shall charge 

3 the borrower of a loan made under this part an 

4 origination fee of 4.0 percent of the principal 

5 amount of loan. 

6 ‘‘(2) SUBSEQUENT REDUCTIONS.—Paragraph 

7 (1) shall be applied to loans made under this part 

8 other than consolidation loans and PLUS loans—

9 ‘‘(A) by substituting ‘2.0 percent’ for ‘4.0 

10 percent’ with respect to loans for which the first 

11 disbursement of principal is made on or after 

12 July 1, 2006, and before July 1, 2008; 

13 ‘‘(B) by substituting ‘1.5 percent’ for ‘4.0 

14 percent’ with respect to loans for which the first 

15 disbursement of principal is made on or after 

16 July 1, 2008, and before July 1, 2010; and 

17 ‘‘(C) by substituting ‘1.0 percent’ for ‘4.0 

18 percent’ with respect to loans for which the first 

19 disbursement of principal is made on or after 

20 July 1, 2010.’’. 

21 SEC. 425. CONSOLIDATION LOAN CHANGES. 

22 (a) AMENDMENTS.—Section 428C (20 U.S.C. 1078–

23 3) is amended—

24 (1) in subsection (a)(3), by striking subpara25 graph (C); and 
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1 (2) in subsection (b)(1)—

2 (A) by striking everything after ‘‘under 

3 this section’’ the first place it appears in sub4 paragraph (A) and inserting the following: ‘‘and 

5 that, if all the borrower’s loans under this part 

6 are held by a single holder, the borrower has 

7 notified such holder that the borrower is seek8 ing to obtain a consolidation loan under this 

9 section;’’; 

10 (B) by striking ‘‘(i) which’’ and all that 

11 follows through ‘‘and (ii)’’ in subparagraph (C); 

12 (C) by striking ‘‘and’’ at the end of sub13 paragraph (E); 

14 (D) by redesignating subparagraph (F) as 

15 subparagraph (G); and 

16 (E) by inserting after subparagraph (E) 

17 the following new subparagraph: 

18 ‘‘(F) that the lender of the consolidation 

19 loan shall, upon application for such loan, pro20 vide the borrower with a clear and conspicuous 

21 notice of at least the following information: 

22 ‘‘(i) the effects of consolidation on 

23 total interest to be paid, fees to be paid, 

24 and length of repayment; 
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1 ‘‘(ii) the effects of consolidation on a 

2 borrower’s underlying loan benefits, includ3 ing loan forgiveness, cancellation, and 

4 deferment; 

5 ‘‘(iii) the ability for the borrower to 

6 prepay the loan, pay on a shorter schedule, 

7 and to change repayment plans, and that 

8 borrower benefit programs may vary 

9 among different loan holders; 

10 ‘‘(iv) the tax benefits for which bor11 rowers may be eligible; 

12 ‘‘(v) the consequences of default; and 

13 ‘‘(vi) that by making the application 

14 the applicant is not obligated to agree to 

15 take the consolidation loan; and’’. 

16 (b) EFFECTIVE DATE FOR SINGLE HOLDER AMEND17 MENT.—The amendment made by subsection (a)(2)(A) 

18 shall apply with respect to any loan made under section 

19 428C of the Higher Education Act of 1965 (20 U.S.C. 

20 1078–3) for which the application is received by an eligible 

21 lender on or after July 1, 2006. 

22 (c) CONFORMING AMENDMENTS TO DIRECT LOAN

23 PROGRAM.—

24 (1) PARALLEL TERMS, CONDITIONS, BENEFITS, 

25 AND AMOUNTS.—Section 455(a)(1) (20 U.S.C. 
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1 1087e(a)(1)) is amended by inserting ‘‘428C,’’ after 

2 ‘‘428B,’’. 

3 (2) DISCLOSURE.—Section 455(g) (20 U.S.C. 

4 1087e(g)) is amended by adding at the end the fol5 lowing new sentence: ‘‘The Secretary, upon applica6 tion for such a loan, shall comply with the require7 ments applicable to a lender under 428C(b)(1)(F).’’

8 SEC. 426. UNSUBSIDIZED STAFFORD LOANS. 

9 (a) AMENDMENT.—Section 428H(d)(2)(C) (20 

10 U.S.C. 1078–8(d)(2)(C)) is amended by striking 

11 ‘‘$10,000’’ and inserting ‘‘$12,000’’. 

12 (b) EFFECTIVE DATE.—The amendment made by 

13 subsection (a) shall apply to loans for which the first dis14 bursement of principal is made on or after July 1, 2007. 

15 SEC. 427. ELIMINATION OF TERMINATION DATES FROM 

16 TAXPAYER-TEACHER PROTECTION ACT OF 

17 2004. 

18 (a) EXTENSION OF LIMITATIONS ON SPECIAL AL19 LOWANCE FOR LOANS FROM THE PROCEEDS OF TAX EX20 EMPT ISSUES.—Section 438(b)(2)(B) (20 U.S.C. 1087–

21 1(b)(2)(B)) is amended—

22 (1) in clause (iv), by striking ‘‘and before Janu23 ary 1, 2006,’’; and 

24 (2) in clause (v)(II)—
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1 (A) by striking ‘‘and before January 1, 

2 2006,’’ each place it appears in divisions (aa) 

3 and (bb); and 

4 (B) by striking ‘‘, and before January 1, 

5 2006’’ in division (cc). 

6 (b) ELIMINATION OF EFFECTIVE DATE LIMITATION

7 ON HIGHER TEACHER LOAN FORGIVENESS BENEFITS.—

8 Section 3(b) of the Taxpayer-Teacher Protection Act of 

9 2004 is amended by striking paragraph (3). 

10 SEC. 428. ADDITIONAL ADMINISTRATIVE PROVISIONS. 

11 (a) TREATMENT OF EXEMPT CLAIMS.—

12 (1) INSURANCE COVERAGE.—Section 

13 428(b)(1)(G) (20 U.S.C. 1078(b)(1)(G)) is amended 

14 by inserting before the semicolon at the end the fol15 lowing: ‘‘and 100 percent of the unpaid principal 

16 amount of exempt claims as defined in subsection 

17 (c)(1)(G)’’. 

18 (2) TREATMENT.—Section 428(c)(1) (20 

19 U.S.C. 1078(c)(1)) is amended—

20 (A) by redesignating subparagraph (G) as 

21 subparagraph (H), and moving such subpara22 graph 2 em spaces to the left; and 

23 (B) by inserting after subparagraph (F) 

24 the following new subparagraph: 
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1 ‘‘(G)(i) Notwithstanding any other provisions of 

2 this section, in the case of exempt claims, the Sec3 retary shall apply the provisions of—

4 ‘‘(I) the fourth sentence of subparagraph 

5 (A) by substituting ‘100 percent’ for ‘95 per6 cent’; 

7 ‘‘(II) subparagraph (B)(i) by substituting 

8 ‘100 percent’ for ‘85 percent’; and 

9 ‘‘(III) subparagraph (B)(ii) by substituting 

10 ‘100 percent’ for ‘75 percent’. 

11 ‘‘(ii) For purposes of clause (i) of this subpara12 graph, the term ‘exempt claims’ means claims with 

13 respect to loans for which it is determined that the 

14 borrower (or the student on whose behalf a parent 

15 has borrowed), without the lender’s or the institu16 tion’s knowledge at the time the loan was made, pro17 vided false or erroneous information or took actions 

18 that caused the borrower or the student to be ineli19 gible for all or a portion of the loan or for interest 

20 benefits thereon.’’. 

21 (b) DOCUMENTATION OF FORBEARANCE AGREE22 MENTS.—Section 428(c) (20 U.S.C. 1078(c)) is further 

23 amended—

24 (1) in paragraph (3)(A)(i), by striking ‘‘in writ25 ing’’; and 
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1 (2) by adding at the end the following new 

2 paragraph: 

3 ‘‘(10) DOCUMENTATION OF FORBEARANCE

4 AGREEMENTS.—For the purposes of paragraph (3), 

5 the terms of forbearance agreed to by the parties 

6 shall be documented by confirming the agreement of 

7 the borrower by notice to the borrower from the 

8 lender, and by recording the terms in the borrower’s 

9 file.’’. 

10 (c) VOLUNTARY FLEXIBLE AGREEMENTS.—Section 

11 428A (20 U.S.C. 1078–1) is amended—

12 (1) in subsection (a)(1)(B), by striking ‘‘unless 

13 the Secretary’’ and all that follows through ‘‘des14 ignated guarantor’’; 

15 (2) by striking paragraph (2) of subsection (a); 

16 (3) in paragraph (4)(B) of such subsection, by 

17 striking ‘‘and any waivers provided to other guar18 anty agencies under paragraph (2)’’; 

19 (4) by redesignating paragraphs (3) and (4) of 

20 subsection (a) as paragraphs (2) and (3), respec21 tively; and 

22 (5) by striking paragraph (3) of subsection (c) 

23 and inserting the following: 

24 ‘‘(3) NOTICE TO INTERESTED PARTIES.—Once 

25 the Secretary reaches a tentative agreement in prin-
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1 ciple under this section, the Secretary shall publish 

2 in the Federal Register a notice that invites inter3 ested parties to comment on the proposed agree4 ment. The notice shall state how to obtain a copy of 

5 the tentative agreement in principle and shall give 

6 interested parties no less than 30 days to provide 

7 comments. The Secretary may consider such com8 ments prior to providing the notices pursuant to 

9 paragraph (2).’’. 

10 (d) DEFAULT REDUCTION PROGRAM.—Section 

11 428F(a)(1) (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’’; and 

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)(i) A guaranty agency may charge and 

21 retain collection costs in an amount not to ex22 ceed 18.5 percent of the outstanding principal 

23 and interest at the time of sale of a loan reha24 bilitated under subparagraph (A). 
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1 ‘‘(ii) Notwithstanding clause (i), on and 

2 after July 1, 2006, a guaranty agency that re3 habilitates a defaulted loan by making a con4 solidation loan to a borrower under section 

5 428C(a)(3)(A)(ii)(III) may not charge and re6 tain collection costs in an amount in excess of 

7 10 percent of the outstanding principal and in8 terest of the defaulted loans being consolidated. 

9 ‘‘(iii) For any year beginning on or after 

10 July 1, 2009, the total principal and interest of 

11 loans that a guaranty agency rehabilitates by 

12 making consolidation loans to borrowers under 

13 such section shall not exceed 45 percent of the 

14 total loans rehabilitated under subparagraph 

15 (A).’’. 

16 (e) FINANCIAL AND ECONOMIC LITERACY.—

17 (1) DEFAULT REDUCTION PROGRAM.—Section 

18 428F is further amended by adding at the end the 

19 following: 

20 ‘‘(c) FINANCIAL AND ECONOMIC LITERACY.—Where 

21 appropriate, each program described under subsection (b) 

22 shall include making available financial and economic edu23 cation materials for the borrower.’’. 

24 (2) PROGRAM ASSISTANCE FOR BORROWERS.—

25 Section 432(k)(1) (20 U.S.C. 1082(k)(1)) is amend-
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1 ed by striking ‘‘and offering’’ and all that follows 

2 through the period and inserting ‘‘, offering loan re3 payment matching provisions as part of employee 

4 benefit packages, and providing employees with fi5 nancial and economic education and counseling.’’. 

6 (f) CREDIT BUREAU ORGANIZATION AGREE7 MENTS.—Section 430A(a) (20 U.S.C. 1080a(a)) is 

8 amended by striking ‘‘agreements with credit bureau orga9 nizations’’ and inserting ‘‘an agreement with each national 

10 credit bureau organization (as described in section 603(p) 

11 of the Fair Credit Reporting Act)’’. 

12 (g) UNIFORM ADMINISTRATIVE AND CLAIMS PROCE13 DURE.—Section 432(l)(1)(H) (20 U.S.C. 1082(l)(1)(H)) 

14 is amended by inserting ‘‘and anticipated graduation 

15 date’’ after ‘‘status change’’. 

16 (h) DEFAULT REDUCTION MANAGEMENT.—Section 

17 432 is further amended—

18 (1) by striking subsection (n); and 

19 (2) by redesignating subsections (o) and (p) as 

20 subsections (n) and (o), respectively. 

21 (i) SCHOOL AS LENDER.—Section 435(d)(2) (20 

22 U.S.C. 1085(d)(2)) is amended by striking subparagraphs 

23 (C) through (F) and the material following subparagraph 

24 (F) and inserting the following: 
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1 ‘‘(C) shall not make a loan, other than a 

2 loan made under section 428 or 428H to a 

3 graduate or professional student, unless the 

4 borrower has previously received a loan from 

5 the school, and shall not make a loan to a bor6 rower who is not enrolled at that institution; 

7 ‘‘(D) shall not have a cohort default rate 

8 (as defined in section 435(m)) greater than 15 

9 percent; and 

10 ‘‘(E) shall use the proceeds from special al11 lowance payments and interest payments from 

12 borrowers, and any proceeds from the sale or 

13 other disposition of loans, for need-based grant 

14 programs, except for reasonable reimbursement 

15 for direct administrative expenses.’’. 

16 (j) DISABILITY DETERMINATIONS.—Section 437(a) 

17 (20 U.S.C. 1087(a)) is amended by adding at the end the 

18 following new sentence: ‘‘In making such determination of 

19 permanent and total disability, the Secretary shall provide 

20 that a borrower who has been certified as permanently and 

21 totally disabled by the Department of Veterans Affairs or 

22 the Social Security Administration shall not be required 

23 to present further documentation for purposes of this 

24 title.’’. 
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1 (k) TREATMENT OF FALSELY CERTIFIED BOR2 ROWERS.—Section 437(c)(1) (20 U.S.C. 1087(c)(1)) is 

3 amended by inserting ‘‘or parent’s eligibility’’ after ‘‘such 

4 student’s eligibility’’. 

5 (l) PERFECTION OF SECURITY INTERESTS.—Section 

6 439(d) (20 U.S.C. 1087–2(d)) is amended—

7 (1) by striking paragraph (3); and 

8 (2) by redesignating paragraphs (4) and (5) as 

9 paragraphs (3) and (4), respectively. 

10 (m) ADDITIONAL TECHNICAL AMENDMENTS.—

11 (1) Section 428(a)(2)(A) (20 U.S.C. 

12 1078(a)(2)(A)) is amended—

13 (A) by striking ‘‘and’’ at the end of sub14 clause (II) of clause (i); and 

15 (B) by moving the margin of clause (iii) 

16 two ems to the left. 

17 (2) Section 428H(e) (20 U.S.C. 1078–8(e)) is 

18 amended—

19 (A) by striking paragraph (6); and 

20 (B) by redesignating paragraph (7) as 

21 paragraph (6). 

22 (3) Section 428I(g) (20 U.S.C. 1078–9(g)) is 

23 amended by striking ‘‘Code,’’ and inserting ‘‘Code’’. 

24 (4) Section 432(m)(1)(B) (20 U.S.C. 

25 1082(m)(1)(B)) is amended—
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1 (A) in clause (i), by inserting ‘‘and’’ after 

2 the semicolon at the end; and 

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

4 inserting a period. 

5 PART C—FEDERAL WORK-STUDY PROGRAMS 

6 SEC. 441. AUTHORIZATION OF APPROPRIATIONS. 

7 Section 441(b) (42 U.S.C. 2751(b)) is amended—

8 (1) by striking ‘‘1999’’ and inserting ‘‘2006’’; 

9 and 

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

11 succeeding’’. 

12 SEC. 442. COMMUNITY SERVICE. 

13 Section 441(c)(1) (42 U.S.C. 2751(c)(1)) is amended 

14 by striking ‘‘that are open and accessible to the commu15 nity’’. 

16 SEC. 443. ALLOCATION OF FUNDS. 

17 (a) PHASEOUT OF ALLOCATION BASED ON PREVIOUS

18 ALLOCATIONS.—Subsection (a) of section 442(a) (42 

19 U.S.C. 2752(a)) is amended to read as follows: 

20 ‘‘(a) ALLOCATION BASED ON PREVIOUS ALLOCA21 TION.—

22 ‘‘(1) BASE GUARANTEE.—From the amount ap23 propriated pursuant to section 441(b) for each fiscal 

24 year after fiscal year 2007, the Secretary shall, sub25 ject to paragraph (2), first allocate to each eligible 
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1 institution an amount equal to the following percent2 age of the amount such institution received under 

3 subsection (a) of this section for fiscal year 2007 (as 

4 such subsection was in effect with respect to alloca5 tions for such fiscal year): 

6 ‘‘(A) 80 percent for fiscal years 2008 and 

7 2009; 

8 ‘‘(B) 60 percent for fiscal years 2010 and 

9 2011; 

10 ‘‘(C) 40 percent for fiscal years 2012 and 

11 2013; 

12 ‘‘(D) 20 percent for fiscal years 2014 and 

13 2015; and 

14 ‘‘(E) 0 percent for fiscal year 2016 and 

15 any succeeding fiscal year. 

16 ‘‘(2) RATABLE REDUCTIONS FOR INSUFFICIENT

17 APPROPRIATIONS.—

18 ‘‘(A) REDUCTION OF BASE GUARANTEE.—

19 If the amount appropriated for any fiscal year 

20 is less than the amount required to be allocated 

21 to all institutions under this subsection, then 

22 the amount of the allocation to each such insti23 tution shall be ratably reduced. 

24 ‘‘(B) ADDITIONAL APPROPRIATIONS ALLO25 CATION.—If additional amounts are appro-
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1 priated for any such fiscal year, such reduced 

2 amounts shall be increased on the same basis as 

3 they were reduced (until the amount allocated 

4 equals the amount required to be allocated 

5 under this subsection). 

6 ‘‘(3) ADDITIONAL ALLOCATIONS FOR CERTAIN

7 INSTITUTIONS.—

8 ‘‘(A) ALLOCATIONS PERMITTED.—Notwith9 standing any other provision of this section, the 

10 Secretary may allocate an amount equal to not 

11 more than 10 percent of the amount by which 

12 the amount appropriated in any fiscal year to 

13 carry out this part exceeds $700,000,000 

14 among eligible institutions described in sub15 paragraph (B). 

16 ‘‘(B) ELIGIBLE INSTITUTIONS.—For pur17 poses of subparagraph (A)—

18 ‘‘(i) an eligible institution that is a 4-

19 year institution may receive an allocation 

20 under subparagraph (A) if more than 50 

21 percent of the students who are degree22 seeking Pell Grant recipients attending 

23 such institution graduate within 4 calendar 

24 years of the first day of enrollment; and 
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1 ‘‘(ii) an eligible institution that is a 2-

2 year institution may receive an allocation 

3 under subparagraph (A) if more than 50 

4 percent of the students who are degree5 seeking Pell Grant recipients attending 

6 such institution graduate within 2 calendar 

7 years of the first day of enrollment.’’. 

8 (b) EFFECTIVE DATE.—The amendment made by 

9 subsection (a) shall apply with respect to any amounts ap10 propriated under section 441(b) of the Higher Education 

11 Act of 1965 (42 U.S.C. 2751(b)) for fiscal year 2007 or 

12 any succeeding fiscal year. 

13 SEC. 444. BOOKS AND SUPPLIES. 

14 Section 442(c)(4)(D) (42 U.S.C. 2752(c)(4)(D)) is 

15 amended by striking ‘‘$450’’ and inserting ‘‘$600’’. 

16 SEC. 445. JOB LOCATION AND DEVELOPMENT. 

17 Section 446(a)(1) (42 U.S.C. 2756(a)(1)) is amend18 ed—

19 (1) by striking ‘‘10 percent or $50,000’’ and in20 serting ‘‘15 percent or $75,000’’; and 

21 (2) by inserting before the period at the end the 

22 following: ‘‘, except that not less than one-third of 

23 such amount shall be specifically allocated to locate 

24 and develop community service jobs’’. 
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1 SEC. 446. WORK COLLEGES. 

2 Section 448 (42 U.S.C. 2756b) is amended—

3 (1) by striking ‘‘work-learning’’ each place it 

4 appears and inserting ‘‘work-learning-service’’; 

5 (2) by striking ‘‘work-service’’ each place it ap6 pears and inserting ‘‘work-learning-service’’; 

7 (3) by amending subparagraph (C) of sub8 section (e)(1) to read as follows: 

9 ‘‘(C) requires all resident students, includ10 ing at least one-half of all students who are en11 rolled on a full-time basis, to participate in a 

12 comprehensive work-learning-service program 

13 for at least 5 hours each week, or at least 80 

14 hours during each period of enrollment, unless 

15 the student is engaged in an institutionally or16 ganized or approved study abroad or externship 

17 program; and’’; 

18 (4) by amending paragraph (2) of subsection 

19 (e) to read as follows: 

20 ‘‘(2) the term ‘comprehensive student work21 learning-service program’—

22 ‘‘(A) means a student work-learning-serv23 ice program that is an integral and stated part 

24 of the institution’s educational philosophy and 

25 program; 
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1 ‘‘(B) requires participation of all resident 

2 students for enrollment and graduation; 

3 ‘‘(C) includes learning objectives, evalua4 tion, and a record of work performance as part 

5 of the student’s college record; 

6 ‘‘(D) provides programmatic leadership by 

7 college personnel at levels comparable to tradi8 tional academic programs; 

9 ‘‘(E) recognizes the educational role of 

10 work-learning-service supervisors; and 

11 ‘‘(F) includes consequences for non12 performance or failure in the work-learning13 service program similar to the consequences for 

14 failure in the regular academic program.’’; and 

15 (5) in subsection (f), by striking ‘‘1999 and 

16 such sums as may be necessary for each of the 4 

17 succeeding fiscal years’’ and inserting ‘‘2006 and 

18 such sums as may be necessary for the 5 succeeding 

19 fiscal years’’. 

20 PART D—FEDERAL DIRECT LOAN PROGRAM 

21 SEC. 451. REAUTHORIZATION OF THE DIRECT LOAN PRO22 GRAM. 

23 (a) ADMINISTRATIVE EXPENSES.—Section 458(a)(1) 

24 (20 U.S.C. 1087h(a)(1)) is amended by striking 

25 ‘‘$617,000,000’’ and all that follows through ‘‘fiscal year 
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1 2003’’ and inserting ‘‘$820,000,000 in fiscal year 2006, 

2 $833,000,000 in fiscal year 2007, $847,000,000 in fiscal 

3 year 2008, $862,000,000 in fiscal year 2009, and 

4 $878,000,000 in fiscal year 2010, and $894,000,000 in 

5 fiscal year 2011’’. 

6 (b) CALCULATION BASIS.—Subsection (b) of section 

7 458 (20 U.S.C. 1087h(b)) is amended by striking ‘‘shall 

8 be calculated—’’ and all that follows through the end of 

9 such subsection and inserting ‘‘shall be calculated on the 

10 basis of 0.10 percent of the original principal amount of 

11 outstanding loans on which insurance was issued under 

12 part B.’’. 

13 (c) SPECIAL RULES: FEE CAP.—Section 458(c)(1) 

14 (20 U.S.C. 1087h(c)(1)) is amended by striking subpara15 graphs (A) through (E) and inserting the following: 

16 ‘‘(A) for fiscal year 2006, shall not exceed 

17 $220,000,000; 

18 ‘‘(B) for fiscal year 2007, shall not exceed 

19 $233,000,000; 

20 ‘‘(C) for fiscal year 2008, shall not exceed 

21 $247,000,000; 

22 ‘‘(D) for fiscal year 2009, shall not exceed 

23 $262,000,000; 

24 ‘‘(E) for fiscal year 2010, shall not exceed 

25 $278,000,000; and 
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1 ‘‘(F) for fiscal year 2011, shall not exceed 

2 $294,000,000.’’. 

3 (d) CONSOLIDATION LOAN ELIGIBILITY.—Section 

4 455(g) (20 U.S.C. 1087e(g)) is amended by adding at the 

5 end (after the sentence added by 425(c)(2) of this Act) 

6 the following new sentence: ‘‘To be eligible for a consolida7 tion loan under this part, a borrower must meet all the 

8 eligibility criteria set forth in section 428C(a)(3).’’. 

9 PART E—FEDERAL PERKINS LOAN PROGRAM 

10 SEC. 461. REAUTHORIZATION OF PROGRAM. 

11 (a) PROGRAM AUTHORIZATION.—

12 (1) AUTHORIZATION OF APPROPRIATIONS.—

13 Section 461(b) (20 U.S.C. 1087aa(b)) is amended—

14 (A) in paragraph (1)—

15 (i) by striking ‘‘1999’’ and inserting 

16 ‘‘2006’’; and 

17 (ii) by striking ‘‘4 succeeding’’ and in18 serting ‘‘5 succeeding’’; and 

19 (B) in paragraph (2), by striking ‘‘2003’’ 

20 each place it appears and inserting ‘‘2012’’. 

21 (2) FEDERAL CAPITAL CONTRIBUTION RECOV22 ERY.—Section 466 (20 U.S.C. 1087ff) is amended—

23 (A) by striking ‘‘2004’’ each place it ap24 pears in subsections (a), (b), and (c) and insert25 ing ‘‘2012’’; 
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1 (B) in subsection (a), by striking ‘‘2003’’ 

2 each place it appears and inserting ‘‘2011’’; and 

3 (C) in subsection (b), by striking ‘‘2012’’ 

4 and inserting ‘‘2020’’. 

5 (b) PHASEOUT OF ALLOCATION BASED ON PREVIOUS

6 ALLOCATIONS.—

7 (1) AMENDMENT.—Subsection (a) of section 

8 462 (20 U.S.C. 1087bb(a)) is amended to read as 

9 follows: 

10 ‘‘(a) ALLOCATION BASED ON PREVIOUS ALLOCA11 TION.—

12 ‘‘(1) BASE GUARANTEE.—From the amount ap13 propriated pursuant to section 461(b) for each fiscal 

14 year after fiscal year 2007, the Secretary shall, sub15 ject to paragraphs (2) and (3), first allocate to each 

16 eligible institution an amount equal to—

17 ‘‘(A) 100 percent of the amount such insti18 tution received under subsection (a) of this sec19 tion for fiscal year 2007 (as such subsection 

20 was in effect with respect to allocations for such 

21 fiscal year), multiplied by 

22 ‘‘(B) the institution’s default penalty, as 

23 determined under subsection (e), except that if 

24 the institution has a cohort default rate in ex25 cess of the applicable maximum cohort default 
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1 rate under subsection (f), the institution may 

2 not receive an allocation under this paragraph. 

3 ‘‘(2) PHASE OUT.—For each of the fiscal years 

4 after fiscal year 2007, paragraph (1) shall be ap5 plied by substituting for ‘100 percent’: 

6 ‘‘(A) ‘80 percent’ for fiscal years 2008 and 

7 2009; 

8 ‘‘(B) ‘60 percent’ for fiscal years 2010 and 

9 2011; 

10 ‘‘(C) ‘40 percent’ for fiscal years 2012 and 

11 2013; 

12 ‘‘(D) ‘20 percent’ for fiscal years 2014 and 

13 2015; and 

14 ‘‘(E) ‘0 percent’ for fiscal year 2016 and 

15 any succeeding fiscal year. 

16 ‘‘(3) RATABLE REDUCTIONS FOR INSUFFICIENT

17 APPROPRIATIONS.—

18 ‘‘(A) REDUCTION OF BASE GUARANTEE.—

19 If the amount appropriated for any fiscal year 

20 is less than the amount required to be allocated 

21 to all institutions under this subsection, then 

22 the amount of the allocation to each such insti23 tution shall be ratably reduced. 

24 ‘‘(B) ADDITIONAL APPROPRIATIONS ALLO25 CATION.—If additional amounts are appro-
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1 priated for any such fiscal year, such reduced 

2 amounts shall be increased on the same basis as 

3 they were reduced (until the amount allocated 

4 equals the amount required to be allocated 

5 under this subsection).’’. 

6 (2) EFFECTIVE DATE.—The amendment made 

7 by paragraph (1) shall apply with respect to any 

8 amounts appropriated under section 461(b) of the 

9 Higher Education Act of 1965 (20 U.S.C. 

10 1087bb(b)) for fiscal year 2008 or any succeeding 

11 fiscal year. 

12 (c) BOOKS AND SUPPLIES.—Section 462(c)(4)(D) 

13 (20 U.S.C. 1087bb(c)(4)(D)) is amended by striking 

14 ‘‘$450’’ and inserting ‘‘$600’’. 

15 SEC. 462. LOAN TERMS AND CONDITIONS. 

16 (a) LOAN LIMITS.—Section 464(a) (20 U.S.C. 

17 1087dd(a))—

18 (1) in paragraph (2)(A)—

19 (A) by striking ‘‘$4,000’’ in clause (i) and 

20 inserting ‘‘$5,500’’; and 

21 (B) by striking ‘‘$6,000’’ in clause (ii) and 

22 inserting ‘‘$8,000’’; and 

23 (2) in paragraph (2)(B)—

24 (A) by striking ‘‘$40,000’’ in clause (i) and 

25 inserting ‘‘$60,000’’; 
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1 (B) by striking ‘‘$20,000’’ in clause (ii) 

2 and inserting ‘‘$27,500’’; and 

3 (C) by striking ‘‘$8,000’’ in clause (iii) and 

4 inserting ‘‘$11,000’’. 

5 (b) FORBEARANCE.—Section 464(e) (20 U.S.C. 

6 1087dd(e)) is amended by striking ‘‘, upon written re7 quest,’’. 

8 (c) SPECIAL REPAYMENT RULE.—Paragraph (2) of 

9 section 464(f) is amended to read as follows: 

10 ‘‘(2) No compromise repayment of a defaulted loan 

11 as authorized by paragraph (1) may be made unless 

12 agreed to by the Secretary.’’. 

13 (d) REHABILITATION.—Section 464(h)(1)(A) (20 

14 U.S.C. 1087dd(h)(1)(A)) is amended by striking ‘‘12 

15 ontime’’ and inserting ‘‘9 on-time’’. 

16 SEC. 463. LOAN CANCELLATION. 

17 Section 465(a)(3)(A) (20 U.S.C. 1087ee(a)(3)(A)) is 

18 amended—

19 (1) by inserting ‘‘(D),’’ after ‘‘subparagraph 

20 (A), (C),’’ in clause (i); 

21 (2) by inserting ‘‘or’’ after the semicolon at the 

22 end of clause (ii); 

23 (3) by striking clause (iii); and 

24 (4) by redesignating clause (iv) as clause (iii). 
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1 SEC. 464. TECHNICAL AMENDMENTS. 

2 Part E is further amended as follows: 

3 (1) Section 462(g)(1)(E)(i)(I) (20 U.S.C. 

4 1087bb(g)(1)(E)(i)(I)) is amended by inserting 

5 ‘‘monthly’’ after ‘‘consecutive’’. 

6 (2) Section 464(c)(1)(D) (20 U.S.C. 

7 1087dd(c)(1)(D)) is amended by redesignating sub8 clauses (I) and (II) as clauses (i) and (ii), respec9 tively. 

10 (3) Section 465(a)(2) (20 U.S.C. 1087ee(a)(2)) 

11 is amended—

12 (A) in subparagraph (A), by striking ‘‘sec13 tion 111(c)’’ and inserting ‘‘section 

14 1113(a)(5)’’; and 

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

16 ‘‘With Disabilities’’ and inserting ‘‘with Disabil17 ities’’. 

18 (4) Section 467(b) (20 U.S.C. 1087gg(b)) is 

19 amended by striking ‘‘(5)(A), (5)(B)(i), or (6)’’ and 

20 inserting ‘‘(4)(A), (4)(B), or (5)’’. 

21 (5) Section 469(c) (20 U.S.C. 1087ii(c)) is 

22 amended—

23 (A) by striking ‘‘sections 602(a)(1) and 

24 672(1)’’ and inserting ‘‘sections 602(3) and 

25 632(5)’’; 
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1 (B) by striking ‘‘qualified professional pro2 vider of early intervention services’’ and insert3 ing ‘‘early intervention services’’; and 

4 (C) by striking ‘‘section 672(2)’’ and in5 serting ‘‘section 632(4)’’. 

6 PART F—NEED ANALYSIS 

7 SEC. 471. SIMPLIFIED NEEDS TEST IMPROVEMENTS. 

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

9 (1) by striking clause (i) of subsection (b)(1)(A) 

10 and inserting the following: 

11 ‘‘(i) the student’s parents file a form 

12 described in paragraph (3) or certify that 

13 they are not required to file an income tax 

14 return, and the student files such a form 

15 or certifies that the student is not required 

16 to file an income tax return, or the stu17 dent’s parents receive benefits under a 

18 means-tested Federal benefit program;’’. 

19 (2) by striking clause (i) of subsection 

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

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

22 spouse, if any) files a form described in 

23 paragraph (3) or certifies that the student 

24 (and the student’s spouse, if any) is not re25 quired to file an income tax return, or the 
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1 student (and the student’s spouse, if any) 

2 receives benefits under a means-tested 

3 Federal benefit program;’’; 

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

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

6 ‘‘(A) the student’s parents file a form de7 scribed in subsection (b)(3) or certify that they 

8 are not required to file an income tax return, 

9 and the student files such a form or certifies 

10 that the student is not required to file an in11 come tax return, or the student’s parents re12 ceive benefits under a means-tested Federal 

13 benefit program;’’; 

14 (4) by striking subparagraph (A) of subsection 

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

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

17 spouse, if any) files a form described in sub18 section (b)(3) or certifies that the student (and 

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

20 file an income tax return, or the student (and 

21 the student’s spouse, if any) receives benefits 

22 under a means-tested Federal benefit pro23 gram;’’; and 

24 (5) by adding at the end the following new sub25 section: 
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1 ‘‘(d) DEFINITION OF MEANS-TESTED FEDERAL

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

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

4 mandatory spending program of the Federal Government, 

5 other than a program under this title, in which eligibility 

6 for the programs’ benefits, or the amount of such benefits, 

7 or both, are determined on the basis of income or re8 sources of the individual or family seeking the benefit, and 

9 may include such programs as the supplemental security 

10 income program under title XVI of the Social Security 

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

12 of 1977, and the free and reduced price school lunch pro13 gram under the Richard B. Russell National School Lunch 

14 Act, and other programs identified by the Secretary.’’. 

15 SEC. 472. ADDITIONAL NEED ANALYSIS AMENDMENTS. 

16 (a) INCOME PROTECTION ALLOWANCE FOR DEPEND17 ENT STUDENTS.—

18 (1) AMENDMENT.—Section 475(g)(2)(D) (20 

19 U.S.C. 1087oo(g)(2)(D)) is amended by striking 

20 ‘‘$2,200’’ and inserting ‘‘$3,000’’. 

21 (2) EFFECTIVE DATE.—The amendment made 

22 by paragraph (1) shall apply with respect to deter23 minations of need for periods of enrollment begin24 ning on or after July 1, 2006. 
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1 (b) EMPLOYMENT EXPENSE ALLOWANCE.—Section 

2 478(h) (20 U.S.C. 1087rr(h)) is amended—

3 (1) by striking ‘‘476(b)(4)(B),’’; and 

4 (2) by striking ‘‘meals away from home, apparel 

5 and upkeep, transportation, and housekeeping serv6 ices’’ and inserting ‘‘food away from home, apparel, 

7 transportation, and household furnishings and oper8 ations’’. 

9 (c) DISCRETION OF STUDENT FINANCIAL AID AD10 MINISTRATORS.—Section 479A(a) (20 U.S.C. 1087tt(a)) 

11 is amended—

12 (1) by striking ‘‘(a) IN GENERAL.—’’ and in13 serting the following: 

14 ‘‘(a) AUTHORITY TO MAKE ADJUSTMENTS.—

15 ‘‘(1) ADJUSTMENTS FOR SPECIAL CIR16 CUMSTANCES.—’’; 

17 (2) by inserting before ‘‘Special circumstances 

18 may’’ the following: 

19 ‘‘(2) SPECIAL CIRCUMSTANCES DEFINED.—’’; 

20 (3) by inserting ‘‘a student’s status as a ward 

21 of the court at any time prior to attaining 18 years 

22 of age,’’ after ‘‘487,’’; 

23 (4) by inserting before ‘‘Adequate documenta24 tion’’ the following: 
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1 ‘‘(3) DOCUMENTATION AND USE OF SUPPLE2 MENTARY INFORMATION.—’’; and 

3 (5) by inserting before ‘‘No student’’ the fol4 lowing: 

5 ‘‘(4) FEES FOR SUPPLEMENTARY INFORMATION

6 PROHIBITED.—’’. 

7 (d) TREATING ACTIVE DUTY MEMBERS OF THE

8 ARMED FORCES AS INDEPENDENT STUDENTS.—Section 

9 480(d)(3) (20 U.S.C. 1087vv(d)(3)) is amended by insert10 ing before the semicolon at the end the following: ‘‘or is 

11 currently serving on active duty in the Armed Forces for 

12 other than training purposes’’. 

13 (e) EXCLUDABLE INCOME.—Section 480(e) (20 

14 U.S.C. 1087vv(e)) is amended—

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

16 (3); 

17 (2) by striking the period at the end of para18 graph (4); and 

19 (3) by adding at the end the following new 

20 paragraph: 

21 ‘‘(5) any part of any distribution from a quali22 fied tuition program established under section 529 

23 of the Internal Revenue Code of 1986 that is not in24 cludable in gross income under such section 529.’’. 

25 (f) TREATMENT OF SAVINGS PLANS.—
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1 (1) AMENDMENT.—Section 480(f) (20 U.S.C. 

2 1087vv(f)) is amended—

3 (A) in paragraph (1), by inserting ‘‘quali4 fied tuition programs established under section 

5 529 of the Internal Revenue Code of 1986 (26 

6 U.S.C. 529), except as provided in subpara7 graph (2),’’ after ‘‘tax shelters,’’; 

8 (B) by redesignating paragraph (2) as 

9 paragraph (3); and 

10 (C) by inserting after paragraph (1) the 

11 following new paragraph: 

12 ‘‘(2) A qualified tuition program shall not be consid13 ered an asset of a dependent student under section 475 

14 of this part. The value of a qualified tuition program for 

15 purposes of determining the assets of parents or inde16 pendent students shall be—

17 ‘‘(A) the refund value of any tuition credits or 

18 certificates purchased under section 529 of the In19 ternal Revenue Code of 1986 (26 U.S.C. 529) on be20 half of a beneficiary; or 

21 ‘‘(B) the current balance of any account which 

22 is established under such section for the purpose of 

23 meeting the qualified higher education expenses of 

24 the designated beneficiary of the account.’’. 
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1 (2) CONFORMING AMENDMENT.—Section 480(j) 

2 (20 U.S.C. 1087vv(j)) is amended—

3 (A) by striking ‘‘; TUITION PREPAYMENT

4 PLANS’’ in the heading of such subsection; 

5 (B) by striking paragraph (2); 

6 (C) in paragraph (3), by inserting ‘‘, or a 

7 distribution that is not includable in gross in8 come under section 529 of such Code,’’ after 

9 ‘‘1986’’; and 

10 (D) by redesignating paragraph (3) as 

11 paragraph (2). 

12 PART G—GENERAL PROVISIONS RELATING TO 

13 STUDENT FINANCIAL ASSISTANCE 

14 SEC. 481. DEFINITION OF ACADEMIC YEAR. 

15 Paragraph (2) of section 481(a) (20 U.S.C. 1088(a)) 

16 is amended to read as follows: 

17 ‘‘(2) For the purpose of any program under this title, 

18 the term ‘academic year’ shall—

19 ‘‘(A) require a minimum of 30 weeks of instruc20 tional time for a course of study that measures its 

21 program length in credit hours; or 

22 ‘‘(B) require a minimum of 26 weeks of instruc23 tional time for a course of study that measures its 

24 program length in clock hours; and 
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1 ‘‘(C) require an undergraduate course of study 

2 to contain an amount of instructional time whereby 

3 a full-time student is expected to complete at least 

4 (i) 24 semester or trimester hours or 36 quarter 

5 credit hours in a course of study that measures its 

6 program length in credit hours, or (ii) 900 clock 

7 hours in a course of study that measures its pro8 gram length in clock hours.’’. 

9 SEC. 482. DISTANCE EDUCATION. 

10 (a) DISTANCE EDUCATION: ELIGIBLE PROGRAM.—

11 Section 481(b) (20 U.S.C. 1088(b)) is amended by adding 

12 at the end the following new paragraph: 

13 ‘‘(3) DISTANCE EDUCATION.—An otherwise eli14 gible program that is offered in whole or in part 

15 through telecommunications is eligible for the pur16 poses of this title if the program is offered by an in17 stitution, other than a foreign institution, that has 

18 been evaluated and determined (before or after the 

19 date of enactment of this paragraph) to have the ca20 pability to effectively deliver distance education pro21 grams by an accrediting agency or association 

22 that—

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

24 subpart 2 of Part H; and 
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1 ‘‘(B) has evaluation of distance education 

2 programs within the scope of its recognition, as 

3 described in section 496(n)(3).’’. 

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

5 (20 U.S.C. 1091(l)(1)) is amended—

6 (1) in subparagraph (A)—

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

8 1 year or longer’’; and 

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

10 that follows through ‘‘courses at the institu11 tion’’; and 

12 (2) by amending subparagraph (B) to read as 

13 follows: 

14 ‘‘(B) EXCEPTION.—Subparagraph (A) 

15 does not apply to 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 SEC. 483. EXPANDING INFORMATION DISSEMINATION RE20 GARDING ELIGIBILITY FOR PELL GRANTS. 

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

22 adding at the end the following new paragraph: 

23 ‘‘(8) EXPANDING INFORMATION DISSEMINATION

24 REGARDING ELIGIBILITY FOR PELL GRANTS.—The 

25 Secretary shall make special efforts, in conjunction 
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1 with State efforts, to notify students and their par2 ents who qualify for a free lunch under the Richard 

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

4 1751 et seq.), the Food Stamps program, or such 

5 other programs as the Secretary shall determine, of 

6 their potential eligibility for a maximum Pell Grant, 

7 and shall disseminate such informational materials 

8 as the Secretary deems appropriate.’’. 

9 SEC. 484. STUDENT ELIGIBILITY. 

10 (a) SUSPENSION OF ELIGIBILITY FOR DRUG OF11 FENSES.—Section 484(r)(1) (20 U.S.C. 1091(r)(1)) is 

12 amended by striking everything preceding the table and 

13 inserting the following: 

14 ‘‘(1) IN GENERAL.—A student who is convicted 

15 of any offense under any Federal or State law in16 volving the possession or sale of a controlled sub17 stance for conduct that occurred during a period of 

18 enrollment for which the student was receiving any 

19 grant, loan, or work assistance under this title shall 

20 not be eligible to receive any grant, loan, or work as21 sistance under this title from the date of that convic22 tion for the period of time specified in the following 

23 table:’’. 

24 (b) FREELY ASSOCIATED STATES.—Section 484(j) 

25 (20 U.S.C. 1091(j)) is amended by inserting ‘‘and shall 
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1 be eligible only for assistance under subpart 1 of part A 

2 thereafter,’’ after ‘‘part C,’’. 

3 (c) VERIFICATION OF INCOME DATE.—Paragraph 

4 (1) of section 484(q) (20 U.S.C. 1091(q)) is amended to 

5 read as follows: 

6 ‘‘(1) CONFIRMATION WITH IRS.—The Secretary 

7 of Education, in cooperation with the Secretary of 

8 the Treasury, is authorized to confirm with the In9 ternal Revenue Service the information specified in 

10 section 6103(l)(13) of the Internal Revenue Code of 

11 1986 reported by applicants (including parents) 

12 under this title on their Federal income tax returns 

13 for the purpose of verifying the information reported 

14 by applicants on student financial aid applications.’’. 

15 (d) TECHNICAL AMENDMENT.—Section 484(b)(5) is 

16 amended by inserting ‘‘or parent (on behalf of a student)’’ 

17 after ‘‘student’’. 

18 SEC. 485. INSTITUTIONAL REFUNDS. 

19 Section 484B (20 U.S.C. 1091b) is amended—

20 (1) in subsection (a)(1), by inserting ‘‘subpart 

21 4 of part A or’’ after ‘‘received under’’; 

22 (2) in subsection (a)(2), by striking ‘‘takes a 

23 leave’’ and by inserting ‘‘takes one or more leaves’’; 
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1 (3) in subsection (a)(3)(B)(ii), by inserting ‘‘(as 

2 determined in accordance with subsection (d))’’ after 

3 ‘‘student has completed’’; 

4 (4) in subsection (a)(4), by amending subpara5 graph (A) to read as follows: 

6 ‘‘(A) IN GENERAL.—After determining the 

7 eligibility of the student for a late disbursement 

8 or post-withdrawal disbursement (as required in 

9 regulations prescribed by the Secretary), the in10 stitution of higher education shall contact the 

11 borrower and obtain confirmation that the loan 

12 funds are still required by the borrower. In 

13 making such contact, the institution shall ex14 plain to the borrower the borrower’s obligation 

15 to repay the funds following any such disburse16 ment. The institution shall document in the 

17 borrower’s file the result of such contact and 

18 the final determination made concerning such 

19 disbursement. ’’. 

20 (5) in subsection (b)(1), by inserting ‘‘no later 

21 than 45 days from the determination of withdrawal’’ 

22 after ‘‘return’’; 

23 (6) in subsection (b)(2), by amending subpara24 graph (C) to read as follows: 
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1 ‘‘(C) GRANT OVERPAYMENT REQUIRE2 MENTS.—

3 ‘‘(i) IN GENERAL.—Notwithstanding 

4 subparagraphs (A) and (B), a student 

5 shall only be required to return grant as6 sistance in the amount (if any) by which—

7 ‘‘(I) the amount to be returned 

8 by the student (as determined under 

9 subparagraphs (A) and (B)), exceeds 

10 ‘‘(II) 50 percent of the total 

11 grant assistance received by the stu12 dent under this title for the payment 

13 period or period of enrollment. 

14 ‘‘(ii) MINIMUM.—A student shall not 

15 be required to return amounts of $50 or 

16 less.’’; and 

17 (7) in subsection (d), by striking ‘‘(a)(3)(B)(i)’’ 

18 and inserting ‘‘(a)(3)(B)’’. 

19 SEC. 486. INSTITUTIONAL AND FINANCIAL ASSISTANCE IN20 FORMATION FOR STUDENTS. 

21 (a) INFORMATION DISSEMINATION ACTIVITIES.—

22 Section 485(a)(1) (20 U.S.C. 1092(a)(1)) is amended—

23 (1) by amending the second sentence to read as 

24 follows: ‘‘The information required by this section 

25 shall be produced and be made publicly available to 
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1 an enrolled student and to any prospective student 

2 in a uniform and comprehensible manner, through 

3 appropriate publications, mailings, electronic media, 

4 and the reports required by the institution’s accred5 iting agency under section 496(c)(9).’’; 

6 (2) by amending subparagraph (G) to read as 

7 follows: 

8 ‘‘(G) the academic programs of the institution, 

9 including—

10 ‘‘(i) the current degree programs and other 

11 educational and training programs; 

12 ‘‘(ii) the institution’s learning objectives 

13 for those programs; 

14 ‘‘(iii) the instructional, laboratory, and 

15 other physical plant facilities which relate to the 

16 academic programs; and 

17 ‘‘(iv) the faculty and other instructional 

18 personnel;’’; 

19 (3) by striking subparagraph (L) and inserting 

20 the following: 

21 ‘‘(L) a summary of student outcomes for full22 time undergraduate students, including—

23 ‘‘(i) the completion or graduation rates of 

24 certificate- or degree-seeking undergraduate 

25 students entering such institutions; 
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1 ‘‘(ii) when readily available, information 

2 showing the number of undergraduate students 

3 that transfer out of the institution; and 

4 ‘‘(iii) any other student outcome data, 

5 qualitative or quantitative, including data re6 garding distance education deemed by the insti7 tution to be appropriate to its stated edu8 cational mission and goals, and, when applica9 ble, licensing and placement rates for profes10 sional and vocational programs;’’; 

11 (4) by inserting before the semicolon at the end 

12 of subparagraph (J) the following: ‘‘, and the proc13 ess for students to register complaints with the ac14 crediting agencies or associations’’; 

15 (5) in subparagraph (M), by striking ‘‘guaran16 teed student loans under part B of this title or di17 rect student loans under part E of this title, or 

18 both,’’ and inserting ‘‘student loans under part B, 

19 D, or E of this title’’; 

20 (6) by striking ‘‘and’’ at the end of subpara21 graph (N); 

22 (7) by striking the period at the end of sub23 paragraph (O) and inserting a semicolon; and 

24 (8) by adding at the end the following new sub25 paragraphs: 
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1 ‘‘(P) the penalties contained in subsection 

2 484(r) regarding suspension of eligibility for drug 

3 related offenses; and 

4 ‘‘(Q) the policies of the institution for accepting 

5 transfer of credit, explained in a manner that clearly 

6 states the basis for determining the acceptability and 

7 applicability of transfer of credits.’’. 

8 (b) ADDITIONAL AMENDMENTS.—Section 485(a) is 

9 further amended by striking paragraph (6) and inserting 

10 the following: 

11 ‘‘(6) Each institution may provide supplemental 

12 information to enrolled and prospective students 

13 showing the completion or graduation rate for stu14 dents described in paragraph (4). For the purpose of 

15 this paragraph, the definitions provided in the Inte16 grated Postsecondary Education Data System shall 

17 apply. 

18 ‘‘(7) Each eligible institution participating in 

19 any program under this title may publicly report to 

20 currently enrolled and prospective students the vol21 untary information collected by the National Survey 

22 of Student Engagement (NSSE), the Community 

23 College Survey of Student Engagement (CCSSE), or 

24 other instruments that provide evidence of student 

25 participation in educationally purposeful activities. 
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1 The information shall be produced and made avail2 able in a uniform and comprehensible manner, 

3 through appropriate publications, mailings, and elec4 tronic media, and may be included in reports re5 quired by the institution’s accrediting agency.’’. 

6 (c) EXIT COUNSELING.—Section 485(b) (20 U.S.C. 

7 1092(b)) is amended by adding at the end the following 

8 new paragraph: 

9 ‘‘(3) Each eligible institution shall, during the exit 

10 interview required by this subsection, provide to a bor11 rower of a loan made under part B, D, or E a clear and 

12 conspicuous notice describing the effect of using a consoli13 dation loan to discharge the borrower’s student loans, in14 cluding—

15 ‘‘(A) the effects of consolidation on total inter16 est to be paid, fees to be paid, and length of repay17 ment; 

18 ‘‘(B) the effects of consolidation on a bor19 rower’s underlying loan benefits, including loan for20 giveness, cancellation, and deferment; 

21 ‘‘(C) the ability for the borrower to prepay the 

22 loan, pay on a shorter schedule, and to change re23 payment plans, and that borrower benefit programs 

24 may vary among different loan holders; 
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1 ‘‘(D) the tax benefits for which the borrower 

2 may be eligible; and 

3 ‘‘(E) the consequences of default.’’. 

4 (d) CAMPUS CRIME INFORMATION.—Section 

5 485(f)(1) (20 U.S.C. 1092(f)(1)) is amended by inserting 

6 ‘‘, other than a foreign institution of higher education,’’ 

7 after ‘‘under this title’’. 

8 (e) TRANSFER OF CREDIT POLICIES.—Section 485 

9 is further amended by adding at the end the following new 

10 subsection: 

11 ‘‘(h) TRANSFER OF CREDIT POLICIES.—

12 ‘‘(1) DISCLOSURE.—Each eligible institution 

13 participating in any program under this title shall 

14 publicly disclose in a readable and comprehensible 

15 manner its transfer of credit policies which shall in16 clude: 

17 ‘‘(A) A statement of the institution’s cur18 rent transfer of credit policies that includes at 

19 least—

20 ‘‘(i) a statement that transfer of cred21 it shall not be denied solely on the basis of 

22 the agency or association that accredited 

23 such other eligible institution, if that agen24 cy or association is recognized by the Sec25 retary pursuant to section 496 to be a reli-
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1 able authority as to the quality of the edu2 cation or training offered; and 

3 ‘‘(ii) a statement that transfer of 

4 credit shall be decided on the basis of 

5 whether the courses or program are deter6 mined by the institution to be acceptable 

7 for credit in accordance with objective cri8 teria that the institution publicly discloses 

9 and the student completed such courses or 

10 programs at the institution’s required level 

11 of proficiency. 

12 ‘‘(B) Statistics concerning the annual, as 

13 well as a 3-year rolling average, rate of the per14 centage of credits accepted in transfer and fully 

15 counted toward the degree or certificate comple16 tion requirements of undergraduate students. 

17 Such data shall be disaggregated to report on 

18 the following categories of institutions from 

19 which credits were accepted in transfer: 

20 ‘‘(i) nationally accredited; 

21 ‘‘(ii) regionally accredited in the same 

22 State; 

23 ‘‘(iii) regionally accredited in the same 

24 region; and 
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1 ‘‘(iv) regionally accredited in a dif2 ferent region. 

3 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

4 this subsection shall be construed to—

5 ‘‘(A) authorize an officer or employee of 

6 the Department to exercise any direction, su7 pervision, or control over the curriculum, pro8 gram of instruction, administration, or per9 sonnel of any institution of higher education, or 

10 over any accrediting agency or association; 

11 ‘‘(B) limit the application of the General 

12 Education Provisions Act; or 

13 ‘‘(C) create any legally enforceable right.’’. 

14 SEC. 487. COLLEGE ACCESS INITIATIVE. 

15 Part G is further amended by inserting after section 

16 485C (20 U.S.C. 1092c) the following new section: 

17 ‘‘SEC. 485D. COLLEGE ACCESS INITIATIVE. 

18 ‘‘(a) STATE-BY-STATE INFORMATION.—The Sec19 retary shall direct each guaranty agency with which the 

20 Secretary has an agreement under section 428(c) to pro21 vide to the Secretary the information necessary for the de22 velopment of web links and access for students and fami23 lies to a comprehensive listing of the postsecondary edu24 cation opportunities programs, publications, Internet Web 
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1 sites, and other services available in the States for which 

2 such agency serves as the designated guarantor. 

3 ‘‘(b) GUARANTY AGENCY ACTIVITIES.—

4 ‘‘(1) PLAN AND ACTIVITY REQUIRED.—Each 

5 guaranty agency with which the Secretary has an 

6 agreement under section 428(c) shall develop a plan 

7 and undertake the activity necessary to gather the 

8 information required under subsection (a) and to 

9 make such information available to the public and to 

10 the Secretary in a form and manner as prescribed 

11 by the Secretary. 

12 ‘‘(2) ACTIVITIES.—Each guaranty agency shall 

13 undertake such activities as are necessary to pro14 mote access to postsecondary education for students 

15 through providing information on college planning, 

16 career preparation, and paying for college. The guar17 anty agency shall publicize such information and co18 ordinate such activities with other entities that ei19 ther provide or distribute such information in the 

20 States for which such guaranty agency serves as the 

21 designated guarantor. 

22 ‘‘(3) FUNDING.—The activities required by this 

23 section may be funded from the guaranty agency’s 

24 operating account established pursuant to section 

25 422B and to the extent funds remain, from earnings 
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1 on the restricted account established pursuant to 

2 section 422(h)(4). 

3 ‘‘(c) ACCESS TO INFORMATION.—

4 ‘‘(1) SECRETARY’S RESPONSIBILITY.—The Sec5 retary shall ensure the availability of the information 

6 provided by the guaranty agencies in accordance 

7 with this section to students, parents and other in8 terested individuals, through web links or other 

9 methods prescribed by the Secretary. 

10 ‘‘(2) GUARANTY AGENCY RESPONSIBILITY.—

11 The guaranty agencies shall ensure that the infor12 mation required by this section is available without 

13 charge in printed format for students and parents 

14 requesting such information. 

15 ‘‘(3) PUBLICITY.—Within 270 days after the 

16 date of enactment of the College Access and Oppor17 tunity Act of 2005, the Secretary and guaranty 

18 agencies shall publicize the availability of the infor19 mation required by this section, with special empha20 sis on ensuring that populations that are tradition21 ally underrepresented in postsecondary education are 

22 made aware of the availability of such information.’’. 
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1 SEC. 488. DISTANCE EDUCATION DEMONSTRATION PRO2 GRAM. 

3 (a) ELIGIBLE APPLICANTS.—Section 486(b)(3) (20 

4 U.S.C. 1093(b)(3)) is amended—

5 (1) in subparagraph (B), by striking ‘‘section 

6 102(a)(1)(C)’’ and inserting ‘‘section 102’’; and 

7 (2) in subparagraph (C), by striking ‘‘sub8 section (a) of section 102, other than the require9 ment of paragraph (3)(A) or (3)(B) of such sub10 section,’’ and inserting ‘‘section 101, other than the 

11 requirements of subparagraph (A) or (B) of sub12 section (b)(4) of such section’’. 

13 (b) SELECTION.—Section 486(d)(1) (20 U.S.C. 

14 1093(d)(1)) is amended—

15 (1) by striking ‘‘the third year’’ and inserting 

16 ‘‘subsequent years’’; 

17 (2) by striking ‘‘35 institutions’’ and inserting 

18 ‘‘100 institutions’’; and 

19 (3) by adding at the end the following new sen20 tence: ‘‘Not more than 5 of such institutions, sys21 tems, or consortia may be accredited, degree-grant22 ing correspondence schools.’’. 

23 SEC. 489. COLLEGE AFFORDABILITY DEMONSTRATION PRO24 GRAM. 

25 Part G of title IV is amended by inserting after sec26 tion 486 (20 U.S.C. 1093) the following new section: 
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1 ‘‘SEC. 486A. COLLEGE AFFORDABILITY DEMONSTRATION 

2 PROGRAM. 

3 ‘‘(a) PURPOSE.—It is the purpose of this section—

4 ‘‘(1) to provide, through a college affordability 

5 demonstration program, for increased innovation in 

6 the delivery of higher education and student finan7 cial aid in a manner resulting in reduced costs for 

8 students as well as the institution by accelerating 

9 degree or program completion, increasing availability 

10 of, and access to, distance components of education 

11 delivery, and other alternative methodologies; and 

12 ‘‘(2) to help determine—

13 ‘‘(A) the most effective means of delivering 

14 student financial aid as well as quality edu15 cation; 

16 ‘‘(B) the specific statutory and regulatory 

17 requirements that should be altered to provide 

18 for more efficient and effective delivery of stu19 dent financial aid, as well as access to high 

20 quality distance education programs, resulting 

21 in a student more efficiently completing post22 secondary education; and 

23 ‘‘(C) the most effective methods of obtain24 ing and managing institutional resources. 

25 ‘‘(b) DEMONSTRATION PROGRAM AUTHORIZED.—
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1 ‘‘(1) IN GENERAL.—In accordance with the 

2 purposes described in subsection (a) and the provi3 sions of subsection (d), the Secretary is authorized 

4 to select not more than 100 institutions of higher 

5 education or systems of such institutions for vol6 untary participation in the College Affordability 

7 Demonstration Program in order to enable partici8 pating institutions to carry out such purposes by 

9 providing programs of postsecondary education, and 

10 making available student financial assistance under 

11 this title to students enrolled in those programs, in 

12 a manner that would not otherwise meet the require13 ments of this title. 

14 ‘‘(2) WAIVERS.—The Secretary is authorized to 

15 waive for any institutions of higher education, or 

16 any system or consortia of institutions of higher 

17 education, selected for participation in the College 

18 Affordability Demonstration Program, any require19 ments of this Act or the regulations thereunder as 

20 deemed necessary by the Secretary to meet the pur21 pose described in subsection (a)(1). 

22 ‘‘(3) ELIGIBLE APPLICANTS.—

23 ‘‘(A) ELIGIBLE INSTITUTIONS.—Except as 

24 provided in subparagraph (B), only an institu25 tion of higher education that is eligible to par-
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1 ticipate in programs under this title shall be eli2 gible to participate in the demonstration pro3 gram authorized under this section. 

4 ‘‘(B) PROHIBITION.—An institution of 

5 higher education described in section 102 shall 

6 not be eligible to participate in the demonstra7 tion program authorized under this section. 

8 ‘‘(c) APPLICATION.—

9 ‘‘(1) IN GENERAL.—Each institution or system 

10 of institutions desiring to participate in the dem11 onstration program under this section shall submit 

12 an application to the Secretary at such time and in 

13 such manner as the Secretary may require. 

14 ‘‘(2) CONTENTS OF APPLICATIONS.—Each ap15 plication for the college affordability demonstration 

16 program shall include at least the following: 

17 ‘‘(A) a description of the institution or sys18 tem of institutions and what quality assurance 

19 mechanisms are in place to insure the integrity 

20 of the Federal financial aid programs; 

21 ‘‘(B) a description of each regulatory or 

22 statutory requirement for which waivers are 

23 sought, with a reason for each waiver; 

24 ‘‘(C) a description of the programs being 

25 offered and the affected students; 
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1 ‘‘(D) a description of the expected out2 comes of the program changes proposed, includ3 ing the estimated reductions in costs both for 

4 the institution and for students; 

5 ‘‘(E) a description of any collaborative ar6 rangements with other institutions or organiza7 tions to reduce costs; 

8 ‘‘(F) a description of any expected eco9 nomic impact of participation in the program 

10 within the community in which the institution is 

11 located; 

12 ‘‘(G) a description of how the institution 

13 will reduce the costs of instructional materials, 

14 including textbooks; 

15 ‘‘(H) an assurance that the participating 

16 institution or system of institutions will offer 

17 full cooperation with the ongoing evaluations of 

18 the demonstration program provided for in this 

19 section; and 

20 ‘‘(I) any other information or assurances 

21 the Secretary may require. 

22 ‘‘(d) SELECTION.—In selecting institutions to partici23 pate in the demonstration program under this section, the 

24 Secretary shall take into account—
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1 ‘‘(1) the number and quality of applications re2 ceived, determined on the basis of the contents re3 quired by subsection (c)(2); 

4 ‘‘(2) the Department’s capacity to oversee and 

5 monitor each institution’s participation; 

6 ‘‘(3) an institution’s—

7 ‘‘(A) financial responsibility; 

8 ‘‘(B) administrative capability; 

9 ‘‘(C) program or programs being offered 

10 via distance education; 

11 ‘‘(D) student completion rates; and 

12 ‘‘(E) student loan default rates; and 

13 ‘‘(4) the participation of a diverse group of in14 stitutions with respect to size, mission, and geo15 graphic distribution. 

16 ‘‘(e) NOTIFICATION.—The Secretary shall make 

17 available to the public and to the authorizing committees 

18 a list of institutions and systems of institutions selected 

19 to participate in the demonstration program authorized by 

20 this section. Such notice shall include a listing of the spe21 cific statutory and regulatory requirements being waived 

22 for each institution or system of institutions and a descrip23 tion of the distance education courses to be offered. 

24 ‘‘(f) EVALUATIONS AND REPORTS.—
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1 ‘‘(1) EVALUATION.—The Secretary shall evalu2 ate the demonstration program authorized under 

3 this section on a biennial basis. Such evaluations 

4 specifically shall review—

5 ‘‘(A) the number and types of students 

6 participating in the programs offered, including 

7 the progress of participating students toward 

8 recognized certificates or degrees and the extent 

9 to which participation in such programs in10 creased; 

11 ‘‘(B) issues related to student financial as12 sistance for distance education; 

13 ‘‘(C) effective technologies and alternative 

14 methodologies for delivering student financial 

15 assistance; 

16 ‘‘(D) the extent of the cost savings to the 

17 institution, the student, and the Federal Gov18 ernment by virtue of the waivers provided, and 

19 an estimate as to future cost savings should the 

20 demonstration program continue; 

21 ‘‘(E) the extent to which students saved 

22 money by virtue of completing their postsec23 ondary education sooner; 
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1 ‘‘(F) the extent to which the institution re2 duced its tuition and fees and its costs by virtue 

3 of participation in the demonstration program; 

4 ‘‘(G) the extent to which any collaborative 

5 arrangements with other institutions or organi6 zations have reduced the participating institu7 tion’s costs; and 

8 ‘‘(H) the extent to which statutory or reg9 ulatory requirements not waived under the dem10 onstration program present difficulties for stu11 dents or institutions. 

12 ‘‘(2) POLICY ANALYSIS.—The Secretary shall 

13 review current policies and identify those policies 

14 that present impediments to the development and 

15 use of distance education and other nontraditional 

16 methods of expanding access to education. 

17 ‘‘(3) REPORTS.—The Secretary shall provide a 

18 report to the authorizing committees on a biennial 

19 basis regarding—

20 ‘‘(A) the demonstration program author21 ized under this section; 

22 ‘‘(B) the results of the evaluations con23 ducted under paragraph (1); 
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1 ‘‘(C) the cost savings to the Federal Gov2 ernment by the demonstration program author3 ized by this section; and 

4 ‘‘(D) recommendations for changes to in5 crease the efficiency and effective delivery of fi6 nancial aid. 

7 ‘‘(g) OVERSIGHT.—In conducting the demonstration 

8 program authorized under this section, the Secretary 

9 shall, on a continuing basis—

10 ‘‘(1) ensure compliance of institutions or sys11 tems of institutions with the requirements of this 

12 title (other than the sections and regulations that 

13 are waived under subsection (b)(2)); 

14 ‘‘(2) provide technical assistance to institutions 

15 in their application to and participation in the dem16 onstration program; 

17 ‘‘(3) monitor fluctuations in the student popu18 lation enrolled in the participating institutions or 

19 systems of institutions; 

20 ‘‘(4) monitor changes in financial assistance 

21 provided at the institution; and 

22 ‘‘(5) consult with appropriate accrediting agen23 cies or associations and appropriate State regulatory 

24 authorities. 
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1 ‘‘(h) TERMINATION OF AUTHORITY.—The authority 

2 of the Secretary under this section shall cease to be effec3 tive on October 1, 2011.’’. 

4 SEC. 490. PROGRAM PARTICIPATION AGREEMENTS. 

5 (a) REFUND POLICIES.—Section 487(a) (20 U.S.C. 

6 1094(a)) is amended—

7 (1) in paragraph (22), by striking ‘‘refund pol8 icy’’ and inserting ‘‘policy on the return of title IV 

9 funds’’; and 

10 (2) in paragraph (23)—

11 (A) by moving subparagraph (C) 2 em 

12 spaces to the left; and 

13 (B) by adding after such subparagraph the 

14 following new subparagraph: 

15 ‘‘(D) An institution shall be considered in com16 pliance with the requirements of subparagraph (A) 

17 for any student to whom the institution electroni18 cally transmits a message containing a voter reg19 istration form acceptable for use in the State in 

20 which the institution is located, or an Internet ad21 dress where such a form can be downloaded, pro22 vided such information is in an electronic message 

23 devoted to voter registration.’’. 

24 (b) AUDIT REQUIREMENTS.—Section 487(c)(1)(A)(i) 

25 (20 U.S.C. 1094(c)(1)(A)(i)) is amended by inserting be-
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1 fore the semicolon at the end the following: ‘‘, except that 

2 the Secretary may modify the requirements of this clause 

3 with respect to institutions of higher education that are 

4 foreign institutions, and may waive such requirements 

5 with respect to a foreign institution whose students receive 

6 less than $500,000 in loans under this title during the 

7 award year preceding the audit period’’. 

8 (c) REPORTS ON DISCIPLINARY PROCEEDINGS.—

9 (1) AMENDMENT.—Section 487(a) (20 U.S.C. 

10 1094(a)) is amended by adding at the end the fol11 lowing new paragraph: 

12 ‘‘(24) The institution will disclose to the alleged 

13 victim of any crime of violence (as that term is de14 fined in section 16 of title 18), or a nonforcible sex 

15 offense, the final results of any disciplinary pro16 ceeding conducted by such institution against a stu17 dent who is the alleged perpetrator of such crime or 

18 offense with respect to such crime or offense. If the 

19 alleged victim of such crime or offense is deceased, 

20 the next of kin of such victim shall be treated as the 

21 alleged victim for purposes of this paragraph.’’. 

22 (2) EFFECTIVE DATE.—The amendment made 

23 by paragraph (1) shall apply with respect to any dis24 ciplinary proceeding conducted by such institution 
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1 on or after one year after the date of enactment of 

2 this Act. 

3 SEC. 491. ADDITIONAL TECHNICAL AND CONFORMING 

4 AMENDMENTS. 

5 Part G is further amended as follows: 

6 (1) Section 483(d) (20 U.S.C. 1090(d)) is 

7 amended by striking ‘‘that is authorized under sec8 tion 685(d)(2)(C)’’ and inserting ‘‘, or another ap9 propriate provider of technical assistance and infor10 mation on postsecondary educational services, that is 

11 supported under section 663’’. 

12 (2) Section 484 (20 U.S.C. 1091) is amended—

13 (A) in subsection (a)(4), by striking ‘‘cer14 tification,,’’ and inserting ‘‘certification,’’; 

15 (B) in subsection (b)(2)—

16 (i) in the matter preceding subpara17 graph (A), by striking ‘‘section 428A’’ and 

18 inserting ‘‘section 428H’’; 

19 (ii) in subparagraph (A), by inserting 

20 ‘‘and’’ after the semicolon at the end 

21 thereof; 

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

23 ‘‘; and’’ and inserting a period; and 

24 (iv) by striking subparagraph (C); and 
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1 (C) in subsection (l)(1)(B)(i), by striking 

2 ‘‘section 521(4)(C) of the Carl D. Perkins Vo3 cational and Applied Technology Education 

4 Act’’ and inserting ‘‘section 3(3)(C) of the Carl 

5 D. Perkins Vocational and Technical Education 

6 Act of 1998’’. 

7 (3) Section 485B(a) (20 U.S.C. 1092b(a)) is 

8 amended—

9 (A) by redesignating paragraphs (6) 

10 through (10) as paragraphs (7) through (11), 

11 respectively; 

12 (B) by redesignating the paragraph (5) (as 

13 added by section 2008 of Public Law 101–239) 

14 as paragraph (6); and 

15 (C) in paragraph (5) (as added by section 

16 204(3) of the National Community Service Act 

17 of 1990 (Public Law 101–610))—

18 (i) by striking ‘‘(22 U.S.C. 2501 et 

19 seq.)),’’ and inserting ‘‘(22 U.S.C. 2501 et 

20 seq.),’’; and 

21 (ii) by striking the period at the end 

22 thereof and inserting a semicolon. 

23 (4) Section 491(c) (20 U.S.C. 1098(c)) is 

24 amended by adding at the end the following new 

25 paragraph: 
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1 ‘‘(3) The appointment of members under subpara2 graphs (A) and (B) of paragraph (1) shall be effective 

3 upon publication of the appointment in the Congressional 

4 Record.’’. 

5 (5) Section 491(k) (20 U.S.C. 1098(k)) is 

6 amended by striking ‘‘2004’’ and inserting ‘‘2011’’. 

7 (6) Section 493A (20 U.S.C. 1098c) is re8 pealed. 

9 (7) Section 498 (20 U.S.C. 1099c) is amend10 ed—

11 (A) in subsection (c)(2), by striking ‘‘for 

12 profit,’’ and inserting ‘‘for-profit,’’; and 

13 (B) in subsection (d)(1)(B), by inserting 

14 ‘‘and’’ after the semicolon at the end thereof. 

15 PART H—PROGRAM INTEGRITY 

16 SEC. 495. ACCREDITATION. 

17 (a) STANDARDS FOR ACCREDITATION.—Section 

18 496(a) (20 U.S.C. 1099b(a)) is amended—

19 (1) in paragraph (3)—

20 (A) by inserting ‘‘or’’ after the semicolon 

21 at the end of subparagraph (A); 

22 (B) by striking subparagraph (B); and 

23 (C) by redesignating subparagraph (C) as 

24 subparagraph (B); 

25 (2) in paragraph (4)—
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1 (A) by inserting ‘‘(A)’’ after ‘‘(4)’’; 

2 (B) by inserting ‘‘and’’ after the semicolon 

3 at the end thereof; and 

4 (C) by adding at the end the following new 

5 subparagraph: 

6 ‘‘(B) if such agency or association already has 

7 or seeks to include within its scope of recognition 

8 the evaluation of the quality of institutions or pro9 grams offering distance education, such agency or 

10 association shall, in addition to meeting the other re11 quirements of this subpart—

12 ‘‘(i) demonstrate to the Secretary that, 

13 through application of its standards, proce14 dures, and policies, particularly those required 

15 under paragraph (5) of this subsection, the 

16 agency or association determines that the qual17 ity of instruction and student support services 

18 for distance education is comparable to that 

19 provided by the institution in its classrooms and 

20 on its campuses (or if distance education is the 

21 only mode of delivery used by the institution, 

22 comparable to the quality of instruction and 

23 student support services provided in campus 

24 settings); and 
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1 ‘‘(ii) evaluate how an institution offering 

2 distance education ensures the integrity of stu3 dent participation in its distance education pro4 grams;’’. 

5 (D) by inserting after ‘‘standards’’ the fol6 lowing: ‘‘(including standards to assess the 

7 quality of distance education that are com8 parable to the standards used for face-to-face 

9 classroom instruction)’’; 

10 (3) in paragraph (5)—

11 (A) by amending subparagraph (A) to read 

12 as follows: 

13 ‘‘(A) success with respect to student 

14 achievement in relation to the institution’s mis15 sion, including, as appropriate, consideration of 

16 student academic achievement as determined by 

17 the institution (in accordance with standards of 

18 the accrediting agency or association) related to 

19 each institution’s articulation of desired learn20 ing outcomes, retention, course and program 

21 completion, State licensing examinations, and 

22 job placement rates; and other student perform23 ance data selected by the institution, particu24 larly data used by the institution to evaluate or 

25 strengthen its educational programs, and in-
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1 cluding thresholds for course completion and 

2 job placement rates if the institution offers cer3 tificate-granting vocation or technical pro4 grams;’’; 

5 (B) in subparagraph (E), by striking ‘‘fis6 cal and administrative capacity’’ and inserting 

7 ‘‘fiscal, administrative, and governance capac8 ity’’; and 

9 (C) by amending subparagraph (I) to read 

10 as follows: 

11 ‘‘(I) record of student complaints received 

12 by the agency or association, including those re13 sulting from the process described in section 

14 485(a)(1)(J); and’’; 

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

16 (7); and 

17 (5) by striking paragraph (8) and inserting the 

18 following: 

19 ‘‘(8) such agency or association shall make 

20 available to the public and the State licensing or au21 thorizing agency, and submit to the Secretary, for 

22 use in consumer information programs, a summary 

23 of agency or association actions, including—

24 ‘‘(A) the award of accreditation or re25 accreditation of an institution and any findings 
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1 made in connection with the accreditation or re2 accreditation; 

3 ‘‘(B) final denial, withdrawal, suspension, 

4 or termination of accreditation, or placement on 

5 probation of an institution, together with the 

6 comments of the affected institution; 

7 ‘‘(C) any other adverse action taken with 

8 respect to an institution; 

9 ‘‘(D) a list of the individuals who comprise 

10 the inspection and review teams for each agency 

11 or association, including each individual’s name, 

12 agency affiliation, and relevant professional ex13 perience; 

14 ‘‘(E) a description of the agency’s or asso15 ciation’s process for selecting, training, and 

16 evaluating such individuals; and 

17 ‘‘(F) the agency’s or association’s code of 

18 conduct for its commissioners and such individ19 uals; and 

20 ‘‘(9) such agency or association shall—

21 ‘‘(A) review, during its onsite comprehen22 sive review, the transfer of credit policies of 

23 programs and institutions under its accredita24 tion; and 
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1 ‘‘(B) not adopt or apply standards, poli2 cies, or practices that restrict or deny the trans3 fer of credits earned by a student completing 

4 courses or programs at other eligible institu5 tions of higher education solely on the basis of 

6 the agency or association that accredited such 

7 other eligible institution if that agency or asso8 ciation—

9 ‘‘(i) is recognized by the Secretary 

10 pursuant to this section to be a reliable au11 thority as to the quality of the education 

12 or training offered; and 

13 ‘‘(ii) is currently listed by the Sec14 retary pursuant to section 101(c).’’. 

15 (b) OPERATING PROCEDURES.—Section 496(c) (20 

16 U.S.C. 1099b(c)) is amended—

17 (1) by inserting ‘‘(including those regarding dis18 tance education), and have several years of related 

19 experience’’ before the semicolon at the end of para20 graph (1); 

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

22 (5); 

23 (3) by striking the period at the end of para24 graph (6) and inserting a semicolon; and 
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1 (4) by inserting after paragraph (6) the fol2 lowing new paragraphs: 

3 ‘‘(7) ensures that its onsite comprehensive re4 views for accreditation or reaccreditation include 

5 evaluation of the substance of the information re6 quired in subparagraphs (G) and (H) of section 

7 485(a)(1); 

8 ‘‘(8) confirms as a part of its review for accred9 itation or reaccreditation that the institution has 

10 transfer policies that are publicly disclosed and con11 sistently applied; 

12 ‘‘(9) develops as required in subsection (a)(8), 

13 a summary available to the public of the agency’s 

14 action and the significant findings related to that ac15 tion; 

16 ‘‘(10) includes, in its evaluation for accredita17 tion or reaccreditation, review of the transfer of 

18 credit policies of the program or institution to assure 

19 that transfer policies do not deny transfer of credit 

20 based solely on the accreditation of the sending pro21 gram or institution, except that nothing in this re22 view shall restrict the right of the receiving program 

23 or institution to determine, on any other basis or on 

24 a combination of that basis together with other 
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1 bases, the credits the receiving program or institu2 tion will accept for transfer; and 

3 ‘‘(11) monitors the growth of distance edu4 cation programs, evaluating, as appropriate, the de5 velopment and management of such programs at in6 stitutions that are experiencing significant growth in 

7 distance education.’’. 

8 (c) LIMITATION, SUSPENSION, AND TERMINATION OF

9 RECOGNITION.—Section 496(l) is amended by adding at 

10 the end the following new paragraph: 

11 ‘‘(3) The Secretary shall provide an annual report to 

12 Congress on the status of any agency or association for 

13 which the Secretary has limited, suspended or terminated 

14 recognition under this subsection.’’. 

15 (d) COLLEGE CONSUMER PROFILE.—Section 496 is 

16 further amended—

17 (1) by redesignating subsection (o) as sub18 section (p); and 

19 (2) by inserting after subsection (n): 

20 ‘‘(o) COLLEGE CONSUMER PROFILE.—

21 ‘‘(1) INFORMATION DISSEMINATION.—No ac22 crediting agency or association shall be recognized 

23 by the Secretary as a reliable authority as to the 

24 quality of the education or training offered by an in25 stitution seeking to participate in the programs au-
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1 thorized under this title, unless the agency ensures 

2 each institution subject to its jurisdiction makes 

3 publicly available in a uniform and comprehensible 

4 manner, a college consumer profile including, at 

5 minimum, information on the institution’s—

6 ‘‘(A) mission; 

7 ‘‘(B) student demographics; 

8 ‘‘(C) accreditation; 

9 ‘‘(D) faculty/student ratios; 

10 ‘‘(E) faculty qualifications, including the 

11 number of faculty with terminal degrees; 

12 ‘‘(F) tuition, fees, and other costs of at13 tending the institution; 

14 ‘‘(G) student services, including services 

15 for students with disabilities; 

16 ‘‘(H) policies and procedures for evaluating 

17 and accepting credits earned by students trans18 ferring from other institutions and the percent19 age of such credits accepted; 

20 ‘‘(I) completion and graduation rates; and 

21 ‘‘(J) placement rates and other measures 

22 of success in preparing students for entry into 

23 or advancement in the workforce. 

24 ‘‘(2) PUBLICATION OF COLLEGE CONSUMER

25 PROFILE.—The contents of the college consumer 
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1 profile required by paragraph (1) shall be made pub2 lic through dissemination via the Secretary’s data 

3 collection and dissemination system. The informa4 tion required to be disclosed by section 485 may be 

5 used by the institution to provide (where applicable) 

6 the contents of the college consumer profile, but 

7 nothing in this subsection shall be construed to re8 lieve the institution of any information disclosure re9 quirement of such section.’’. 

10 TITLE V—DEVELOPING 

11 INSTITUTIONS 

12 SEC. 501. DEFINITIONAL CHANGES. 

13 Section 502(a) (20 U.S.C. 1101a(a)) is amended—

14 (1) in paragraph (5)—

15 (A) by inserting ‘‘and’’ after the semicolon 

16 at the end of subparagraph (A); 

17 (B) by inserting ‘‘at the end of the award 

18 year immediately preceding the date of applica19 tion’’ after ‘‘Hispanic students’’ in subpara20 graph (B); 

21 (C) by striking ‘‘; and’’ at the end of sub22 paragraph (B) and inserting a period; and 

23 (D) by striking subparagraph (C); and 

24 (2) by striking paragraph (7). 
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1 SEC. 502. ASSURANCE OF ENROLLMENT OF NEEDY STU2 DENTS. 

3 Section 511(c) (20 U.S.C. 1103(c)) is amended—

4 (1) by redesignating paragraphs (8) and (9) as 

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

6 (2) by inserting after paragraph (7) the fol7 lowing new paragraph: 

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

9 may require that the institution has an enrollment 

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

11 SEC. 503. ADDITIONAL AMENDMENTS. 

12 Title V is further amended—

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

14 1101a(a)(2)(A)), by redesignating clauses (v) and 

15 (vi) as clauses (vi) and (vii), respectively, and insert16 ing after clause (iv) the following new clause: 

17 ‘‘(v) which provides a program of not 

18 less than 2 years that is acceptable for full 

19 credit toward a bachelor’s degree; and’’; 

20 (2) in section 503(b) (20 U.S.C. 1101b(b))—

21 (A) by amending paragraph (2) to read as 

22 follows: 

23 ‘‘(2) Construction, maintenance, renovation, 

24 and improvement in classrooms, libraries, labora25 tories, and other instructional facilities, including 

26 purchase or rental of telecommunications technology 
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1 equipment or services, and the acquisition of real 

2 property adjacent to the campus of the institution 

3 on which to construct such facilities.’’; 

4 (B) by amending paragraph (12) to read 

5 as follows: 

6 ‘‘(12) Establishing community outreach pro7 grams and collaborative partnerships between His8 panic-serving institutions and local elementary or 

9 secondary schools. Such partnerships may include 

10 mentoring, tutoring, or other instructional opportu11 nities that will boost student academic achievement 

12 and assist elementary and secondary school students 

13 in developing the academic skills and the interest to 

14 pursue postsecondary education.’’; 

15 (C) by redesignating paragraphs (5) 

16 through (14) as paragraphs (6) through (15), 

17 respectively; and 

18 (D) by inserting after paragraph (4) the 

19 following: 

20 ‘‘(5) Education or counseling services designed 

21 to improve the financial literacy and economic lit22 eracy of students and, as appropriate, their par23 ents.’’; 

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

25 (A) by striking the following: 
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1 ‘‘(a) AWARD PERIOD.—

2 ‘‘(1) IN GENERAL.—The Secretary’’ and insert3 ing the following: 

4 ‘‘(a) AWARD PERIOD.—The Secretary’’; and 

5 (B) by striking paragraph (2); and 

6 (4) in section 514(c) (20 U.S.C. 1103c(c)), by 

7 striking ‘‘section 505’’ and inserting ‘‘section 504’’. 

8 SEC. 504. TITLE V AUTHORIZATION. 

9 Subsection (a) of section 518 of such Act (20 U.S.C. 

10 1103g(a)) is amended to read as follows: 

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

12 are authorized to be appropriated to carry out this title 

13 $96,000,000 for fiscal year 2006 and such sums as may 

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

15 TITLE VI—TITLE VI 

16 AMENDMENTS 

17 SEC. 601. INTERNATIONAL AND FOREIGN LANGUAGE STUD18 IES. 

19 (a) FINDINGS AND PURPOSES.—Section 601 (20 

20 U.S.C. 1121) is amended—

21 (1) in subsection (a)—

22 (A) by striking ‘‘post-Cold War’’ in para23 graph (3); 

24 (B) by redesignating paragraphs (4) and 

25 (5) as paragraphs (5) and (6), respectively; and 
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1 (C) by inserting after paragraph (3) the 

2 following new paragraph: 

3 ‘‘(4) The events and aftermath of September 

4 11, 2001, have underscored the need for the nation 

5 to strengthen and enhance American knowledge of 

6 international relations, world regions, and foreign 

7 languages. Homeland security and effective United 

8 States engagement abroad depend upon an increased 

9 number of Americans who have received such train10 ing and are willing to serve their nation.’’; 

11 (2) in subsection (b)(1)—

12 (A) by striking ‘‘; and’’ at the end of sub13 paragraph (D) and inserting ‘‘, including 

14 through linkages overseas with institutions of 

15 higher education and relevant organizations 

16 that contribute to the educational programs as17 sisted under this part;’’; 

18 (B) by inserting ‘‘and’’ after the semicolon 

19 at the end of subparagraph (E); and 

20 (C) by inserting after such subparagraph 

21 (E) the following new subparagraph: 

22 ‘‘(F) to assist the national effort to educate and 

23 train citizens to participate in the efforts of home24 land security;’’; and 
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1 (3) in subsection (b)(3), by inserting ‘‘reinforce 

2 and’’ before ‘‘coordinate’’. 

3 (b) GRADUATE AND UNDERGRADUATE LANGUAGE

4 AND AREA CENTERS AND PROGRAMS.—Section 602(a) 

5 (20 U.S.C. 1122(a)) is amended—

6 (1) in paragraph (1), by striking subparagraph 

7 (A) and inserting the following: 

8 ‘‘(A) IN GENERAL.—The Secretary is au9 thorized to make grants to institutions of high10 er education or consortia of such institutions 

11 for the purpose of establishing, strengthening, 

12 and operating—

13 ‘‘(i) comprehensive foreign language 

14 and area or international studies centers 

15 and programs; and 

16 ‘‘(ii) a diverse network of under17 graduate foreign language and area or 

18 international studies centers and pro19 grams.’’; 

20 (2) in paragraph (2)—

21 (A) by striking ‘‘and’’ at the end of sub22 paragraph (G); 

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

24 subparagraph (H) and inserting a semicolon; 

25 and 
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1 (C) by inserting after subparagraph (H) 

2 the following new subparagraphs: 

3 ‘‘(I) supporting instructors of the less com4 monly taught languages; 

5 ‘‘(J) widely disseminating materials devel6 oped by the center or program to local edu7 cational agencies and public and private ele8 mentary and secondary education schools, and 

9 institutions of higher education, presented from 

10 diverse perspectives and reflective of the full 

11 range of views on the subject matter, except 

12 that no more than 50 percent of funds awarded 

13 to an institution of higher education or con14 sortia of such institutions for purposes under 

15 this title may be associated with the costs of 

16 dissemination; and 

17 ‘‘(K) projects that support in students an 

18 understanding of science and technology in co19 ordination with foreign language proficiency.’’; 

20 and 

21 (3) in paragraph (4)—

22 (A) by amending subparagraph (B) to read 

23 as follows: 

24 ‘‘(B) Partnerships or programs of linkage 

25 and outreach with 2-year and 4-year colleges 
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1 and universities, including colleges of education 

2 and teacher professional development pro3 grams.’’; 

4 (B) in subparagraph (C), by striking ‘‘Pro5 grams of linkage or outreach’’ and inserting 

6 ‘‘Partnerships or programs of linkage and out7 reach’’; 

8 (C) in subparagraph (E)—

9 (i) by striking ‘‘foreign area’’ and in10 serting ‘‘area studies’’; 

11 (ii) by striking ‘‘of linkage and out12 reach’’; and 

13 (iii) by striking ‘‘(C), and (D)’’ and 

14 inserting ‘‘(D), and (E)’’; 

15 (D) by redesignating subparagraphs (C), 

16 (D), and (E) as subparagraphs (D), (E), and 

17 (F), respectively; and 

18 (E) by inserting after subparagraph (B) 

19 the following new subparagraph: 

20 ‘‘(C) Partnerships with local educational 

21 agencies and public and private elementary and 

22 secondary education schools that are designed 

23 to increase student academic achievement in 

24 foreign language and knowledge of world re25 gions, and to facilitate the wide dissemination 
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1 of materials related to area studies, foreign lan2 guages, and international studies that are re3 flective of a full range of views on the subject 

4 matter.’’. 

5 (c) LANGUAGE RESOURCE CENTERS.—Section 

6 603(c) (20 U.S.C. 1123(c)) is amended by inserting ‘‘re7 flect the purposes of this part and’’ after ‘‘shall’’. 

8 (d) UNDERGRADUATE INTERNATIONAL STUDIES AND

9 FOREIGN LANGUAGE PROGRAMS.—Section 604 (20 

10 U.S.C. 1124) is amended—

11 (1) in subsection (a)(1), by striking ‘‘combina12 tions’’ each place it appears and inserting ‘‘con13 sortia’’; 

14 (2) in subsection (a)(2)—

15 (A) in subparagraph (B)(ii), by striking 

16 ‘‘teacher training’’ and inserting ‘‘teacher pro17 fessional development’’; 

18 (B) by redesignating subparagraphs (I) 

19 through (M) as subparagraphs (J) through (N), 

20 respectively; 

21 (C) by inserting after subparagraph (H) 

22 the following new subparagraph: 

23 ‘‘(I) the provision of grants for educational 

24 programs abroad that are closely linked to the 

25 program’s overall goals and have the purpose of 
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1 promoting foreign language fluency and knowl2 edge of world regions, except that not more 

3 than 10 percent of a grant recipient’s funds 

4 may be used for this purpose;’’; and 

5 (D) in subparagraph (M)(ii) (as redesig6 nated by subparagraph (B) of this paragraph), 

7 by striking ‘‘elementary and secondary edu8 cation institutions’’ and inserting ‘‘local edu9 cational agencies and public and private ele10 mentary and secondary education schools’’; 

11 (3) in subsection (a)(4)(B), by inserting ‘‘that 

12 demonstrates a need for a waiver or reduction’’ be13 fore the period at the end; 

14 (4) in subsection (a)(6), by inserting ‘‘reflect 

15 the purposes of this part and’’ after ‘‘shall’’; 

16 (5) in subsection (a)(8), by striking ‘‘may’’ and 

17 inserting ‘‘shall’’; and 

18 (6) by striking subsection (c). 

19 (e) RESEARCH; STUDIES; ANNUAL REPORT.—Sec20 tion 605(a) (20 U.S.C. 1125(a)) is amended by inserting 

21 before the period at the end of the first sentence the fol22 lowing: ‘‘, including the systematic collection, analysis and 

23 dissemination of data’’. 
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1 (f) TECHNOLOGICAL INNOVATION AND COOPERATION

2 FOR FOREIGN INFORMATION ACCESS.—Section 606 (20 

3 U.S.C. 1126) is amended—

4 (1) in subsection (a)—

5 (A) by striking ‘‘or consortia of such insti6 tutions or libraries’’ and inserting ‘‘museums, 

7 or consortia of such entities’’; 

8 (B) by striking ‘‘new’’; and 

9 (C) by inserting ‘‘from foreign sources’’ 

10 after ‘‘disseminate information’’; 

11 (2) in subsection (b)—

12 (A) by inserting ‘‘acquire and’’ before ‘‘fa13 cilitate access’’ in paragraph (1); 

14 (B) by striking ‘‘new means of’’ in para15 graph (3) and inserting ‘‘new means and stand16 ards for’’; 

17 (C) by striking ‘‘and’’ at the end of para18 graph (6); 

19 (D) by striking the period at the end of 

20 paragraph (7) and by inserting a semicolon; 

21 and 

22 (E) by inserting after paragraph (7) the 

23 following new paragraphs: 

24 ‘‘(8) to establish linkages between grant recipi25 ents under subsection (a) with libraries, museums, 
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1 organizations, or institutions of higher education lo2 cated overseas to facilitate carrying out the purposes 

3 of this section; and 

4 ‘‘(9) to carry out other activities deemed by the 

5 Secretary to be consistent with the purposes of this 

6 section.’’; and 

7 (3) by adding at the end the following new sub8 section: 

9 ‘‘(e) SPECIAL RULE.—The Secretary may waive or 

10 reduce the required non-Federal share for institutions 

11 that—

12 ‘‘(1) are eligible to receive assistance under part 

13 A or B of title III or under title V; and 

14 ‘‘(2) have submitted a grant application under 

15 this section that demonstrates a need for a waiver 

16 or reduction.’’. 

17 (g) SELECTION OF GRANT RECIPIENTS.—Section 

18 607(b) (20 U.S.C. 1125a(b)) is amended—

19 (1) by striking out ‘‘objectives’’ and inserting 

20 ‘‘missions’’; and 

21 (2) by adding at the end the following new sen22 tence: ‘‘In keeping with the purposes of this part, 

23 the Secretary shall take into account the degree to 

24 which activities of centers, programs, and fellowships 

25 at institutions of higher education advance national 
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1 interests, generate and disseminate information, and 

2 foster debate on American foreign policy from di3 verse perspectives.’’. 

4 (h) EQUITABLE DISTRIBUTION.—Section 608(a) (20 

5 U.S.C. 1128(a)) is amended by adding at the end the fol6 lowing new sentence: ‘‘Grants made under section 602 

7 shall also reflect the purposes of this part.’’. 

8 (i) AUTHORIZATION OF APPROPRIATIONS.—Section 

9 610 (20 U.S.C. 1128b) is amended—

10 (1) by striking ‘‘1999’’ and inserting ‘‘2006’’; 

11 and 

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

13 succeeding’’. 

14 (j) CONFORMING AMENDMENTS.—Sections 603(a), 

15 604(a)(5), and 612 (20 U.S.C. 1123(a), 1124(a)(5), 

16 1130–1) are each amended by striking ‘‘combinations’’ 

17 each place it appears and inserting ‘‘consortia’’. 

18 SEC. 602. BUSINESS AND INTERNATIONAL EDUCATION PRO19 GRAMS. 

20 (a) CENTERS FOR INTERNATIONAL BUSINESS EDU21 CATION.—Section 612 (20 U.S.C. 1130–1) is amended—

22 (1) in subsection (c)(1)(D), by inserting ‘‘(in23 cluding those that are eligible to receive assistance 

24 under part A or B of title III or under title V)’’ 

25 after ‘‘other institutions of higher education’’; and 
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1 (2) in subsection (e), by adding at the end the 

2 following new paragraph: 

3 ‘‘(5) SPECIAL RULE.—The Secretary may waive 

4 or reduce the required non-Federal share for institu5 tions that—

6 ‘‘(A) are eligible to receive assistance 

7 under part A or B of title III or under title V; 

8 and 

9 ‘‘(B) have submitted a grant application 

10 under this section that demonstrates a need for 

11 a waiver or reduction.’’. 

12 (b) EDUCATION AND TRAINING PROGRAMS.—Section 

13 613 (20 U.S.C. 1130a) is amended by adding at the end 

14 the following new subsection: 

15 ‘‘(e) SPECIAL RULE.—The Secretary may waive or 

16 reduce the required non-Federal share for institutions 

17 that—

18 ‘‘(1) are eligible to receive assistance under part 

19 A or B of title III or under title V; and 

20 ‘‘(2) have submitted a grant application under 

21 this section that demonstrates a need for a waiver 

22 or reduction.’’. 

23 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

24 614 (20 U.S.C. 1130b) is amended—
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1 (1) by striking ‘‘1999’’ each place it appears 

2 and inserting ‘‘2006’’; and 

3 (2) by striking ‘‘4 succeeding’’ each place it ap4 pears and inserting ‘‘5 succeeding’’. 

5 SEC. 603. INSTITUTE FOR INTERNATIONAL PUBLIC POLICY. 

6 (a) FOREIGN SERVICE PROFESSIONAL DEVELOP7 MENT.—Section 621 (20 U.S.C. 1131) is amended—

8 (1) by striking the heading of such section and 

9 inserting the following: 

10 ‘‘SEC. 621. PROGRAM FOR FOREIGN SERVICE PROFES11 SIONALS.’’; 

12 (2) by striking the second sentence of sub13 section (a) and inserting the following: ‘‘The Insti14 tute shall conduct a program to enhance the inter15 national competitiveness of the United States by in16 creasing the participation of underrepresented popu17 lations in the international service, including private 

18 international voluntary organizations and the foreign 

19 service of the United States.’’; 

20 (3) in subsection (b)(1), by striking subpara21 graphs (A) and (B) and inserting the following: 

22 ‘‘(A) An Indian Tribal College or Univer23 sity or Alaska Native and Native Hawaiian24 serving institution eligible for assistance under 

25 title III, an institution eligible for assistance 
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1 under part B of title III, or an Hispanic-serving 

2 institution eligible for assistance under title V. 

3 ‘‘(B) An institution of higher education 

4 which serves substantial numbers of underrep5 resented students.’’; and 

6 (4) by striking subsection (e) and inserting the 

7 following: 

8 ‘‘(e) MATCH REQUIRED.—The eligible recipient of a 

9 grant under this section shall contribute to the conduct 

10 of the program supported by the grant an amount from 

11 non-Federal sources equal to at least one-half of the 

12 amount of the grant. Such contribution may be in cash 

13 or in kind. The Secretary may waive or reduce the re14 quired non-Federal share for institutions that—

15 ‘‘(1) are eligible to receive assistance under part 

16 A or B of title III or under title V; and 

17 ‘‘(2) have submitted a grant application under 

18 this section that demonstrates a need for a waiver 

19 or reduction.’’. 

20 (b) INSTITUTIONAL DEVELOPMENT.—Section 622 

21 (20 U.S.C. 1131a) is amended by inserting before the pe22 riod at the end of subsection (a) the following: ‘‘and pro23 mote collaboration with colleges and universities that re24 ceive funds under this title’’. 
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1 (c) STUDY ABROAD PROGRAM.—Section 623(a) (20 

2 U.S.C. 1131b(a)) is amended by inserting after ‘‘1978,’’ 

3 the following: ‘‘Alaska Native-serving, Native Hawaiian4 serving, and Hispanic-serving institutions,’’. 

5 (d) ADVANCED DEGREE IN INTERNATIONAL RELA6 TIONS.—Section 624 (20 U.S.C. 1131b) is amended—

7 (1) by striking ‘‘MASTERS’’ in the heading of 

8 such section and inserting ‘‘ADVANCED’’; 

9 (2) by striking ‘‘a masters degree in inter10 national relations’’ and inserting ‘‘an advanced de11 gree in international relations, international affairs, 

12 international economics, or other academic areas re13 lated to the Institute fellow’s career objectives’’; and 

14 (3) by striking ‘‘The masters degree program’’ 

15 and inserting ‘‘The advanced degree study program 

16 shall be designed by the consortia, consistent with 

17 the fellow’s career objectives, and’’. 

18 (e) INTERNSHIPS.—Section 625 (20 U.S.C. 1131c) 

19 is amended—

20 (1) in subsection (a), by inserting after ‘‘1978,’’ 

21 the following: ‘‘Alaska Native-serving, Native Hawai22 ian-serving, and Hispanic-serving institutions,’’; 

23 (2) in subsection (b)—

24 (A) by inserting ‘‘and’’ after the semicolon 

25 at the end of paragraph (2); 
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1 (B) by striking ‘‘; and’’ at the end of para2 graph (3) and inserting a period; and 

3 (C) by striking paragraph (4); and 

4 (3) by amending subsection (c) to read as fol5 lows: 

6 ‘‘(c) RALPH J. BUNCHE FELLOWS.—In order to as7 sure the recognition and commitment of individuals from 

8 underrepresented student populations who demonstrate 

9 special interest in international affairs and language 

10 study, eligible students who participate in the internship 

11 programs authorized under (a) and (b) shall be known as 

12 the ‘Ralph J. Bunche Fellows’.’’. 

13 (f) REPORT.—Section 626 (20 U.S.C. 1131d) is 

14 amended by striking ‘‘annually prepare a report’’ and in15 serting ‘‘prepare a report biennially’’. 

16 (g) AUTHORIZATION OF APPROPRIATIONS.—Section 

17 628 (20 U.S.C. 1131f) is amended—

18 (1) by striking ‘‘1999’’ and inserting ‘‘2006’’; 

19 and 

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

21 succeeding’’. 

22 SEC. 604. EVALUATION, OUTREACH, AND DISSEMINATION. 

23 Part D of title VI is amended by inserting after sec24 tion 631 (20 U.S.C. 1132) the following new section: 
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1 ‘‘SEC. 632. EVALUATION, OUTREACH, AND DISSEMINATION. 

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

3 the funds made available for this title for program evalua4 tion, national outreach, and information dissemination ac5 tivities.’’. 

6 SEC. 605. ADVISORY BOARD. 

7 Part D of title VI is amended by inserting after sec8 tion 632 (as added by section 5) the following new section: 

9 ‘‘SEC. 633. INTERNATIONAL HIGHER EDUCATION ADVISORY 

10 BOARD. 

11 ‘‘(a) ESTABLISHMENT AND PURPOSE.—

12 ‘‘(1) ESTABLISHMENT.—There is established in 

13 the Department an independent International High14 er Education Advisory Board (hereafter in this sec15 tion referred to as the ‘International Advisory 

16 Board’). The International Advisory Board shall 

17 provide advice, counsel and recommendations to the 

18 Secretary and the Congress on international edu19 cation issues for higher education. 

20 ‘‘(2) PURPOSE.—The purpose of the Inter21 national Advisory Board is—

22 ‘‘(A) to provide expertise in the area of na23 tional needs for proficiency in world regions, 

24 foreign languages, and international affairs; 

25 ‘‘(B) to make recommendations that will 

26 promote the excellence of international edu-
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1 cation programs and result in the growth and 

2 development of such programs at the postsec3 ondary education level that will reflect diverse 

4 perspectives and the full range of views on 

5 world regions, foreign language, and inter6 national affairs; and 

7 ‘‘(C) to advise the Secretary and the Con8 gress with respect to needs for expertise in gov9 ernment, the private sector, and education in 

10 order to enhance America’s understanding of, 

11 and engagement in, the world. 

12 ‘‘(b) INDEPENDENCE OF INTERNATIONAL ADVISORY

13 BOARD.—In the exercise of its functions, powers, and du14 ties, the International Advisory Board shall be inde15 pendent of the Secretary and the other offices and officers 

16 of the Department. Except as provided in this subsection 

17 and subsection (f), the recommendations of the Inter18 national Advisory Board shall not be subject to review or 

19 approval by any officer of the Federal Government. Noth20 ing in this title shall be construed to authorize the Inter21 national Advisory Board to mandate, direct, or control an 

22 institution of higher education’s specific instructional con23 tent, curriculum, or program of instruction. The Board 

24 is authorized to study, monitor, apprise, and evaluate a 

25 sample of activities supported under this title in order to 
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1 provide recommendations to the Secretary and the Con2 gress for the improvement of programs under the title and 

3 to ensure programs meet the purposes of the title. The 

4 recommendations of the Board may address any area in 

5 need of improvement, except that any recommendation of 

6 specific legislation to Congress shall be made only if the 

7 President deems it necessary and expedient. 

8 ‘‘(c) MEMBERSHIP.—

9 ‘‘(1) APPOINTMENT.—The International Advi10 sory Board shall have 7 members of whom—

11 ‘‘(A) 3 members shall be appointed by the 

12 Secretary; 

13 ‘‘(B) 2 members shall be appointed by the 

14 Speaker of the House of Representatives, upon 

15 the recommendation of the Majority Leader and 

16 the Minority Leader; and 

17 ‘‘(C) 2 members shall be appointed by the 

18 President pro tempore of the Senate, upon the 

19 recommendation of the Majority Leader and the 

20 Minority Leader. 

21 ‘‘(2) REPRESENTATION.—Two of the members 

22 appointed by the Secretary under paragraph (1)(A) 

23 shall be appointed to represent Federal agencies that 

24 have national security responsibilities, after consulta25 tion with the heads of such agencies. The members 
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1 of the International Advisory Board shall also in2 clude (but not be limited to) representatives of 

3 States, institutions of higher education, cultural or4 ganizations, educational organizations, local edu5 cation agencies, students, and private citizens with 

6 expertise in international concerns. 

7 ‘‘(3) QUALIFICATION.—Members of the Inter8 national Advisory Board shall be individuals who 

9 have technical qualifications, professional standing, 

10 experience working in international affairs or foreign 

11 service occupations, or demonstrated knowledge in 

12 the fields of higher education and international edu13 cation, including foreign languages, world regions, or 

14 international affairs. 

15 ‘‘(d) FUNCTIONS OF THE COMMITTEE.—

16 ‘‘(1) IN GENERAL.—The International Advisory 

17 Board shall provide recommendations in accordance 

18 with subsection (b) regarding improvement of pro19 grams under this title to the Secretary and the Con20 gress for their review. The Board may—

21 ‘‘(A) review and comment upon the regula22 tions for grants under this title; 

23 ‘‘(B) monitor, apprise, and evaluate a sam24 ple of activities supported under this title based 

25 on the purposes and objectives of this title in 
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1 order to provide recommendations for improve2 ment of the programs under this title; 

3 ‘‘(C) make recommendations that will as4 sist the Secretary and the Congress to improve 

5 the programs under this title to better reflect 

6 the national needs related to the homeland se7 curity, international education, and inter8 national affairs, including an assessment of the 

9 national needs and the training provided by the 

10 institutions of higher education that receive a 

11 grant under this title for expert and non-expert 

12 level foreign language training; 

13 ‘‘(D) make recommendations to the Sec14 retary and the Congress regarding such studies, 

15 surveys, and analyses of international education 

16 that will provide feedback about the programs 

17 under this title and assure that their relative 

18 authorized activities reflect diverse perspectives 

19 and the full range of views on world regions, 

20 foreign languages, and international affairs; 

21 ‘‘(E) make recommendations that will 

22 strengthen the partnerships between local edu23 cational agencies, public and private elementary 

24 and secondary education schools, and grant re25 cipients under this title to ensure that the re-
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1 search and knowledge about world regions, for2 eign languages, and international affairs is 

3 widely disseminated to local educational agen4 cies; 

5 ‘‘(F) make recommendations on how insti6 tutions of higher education that receive a grant 

7 under this title can encourage students to serve 

8 the nation and meet national needs in an inter9 national affairs, international business, foreign 

10 language, or national security capacity; 

11 ‘‘(G) make recommendations on how link12 ages between institutions of higher education 

13 and public and private organizations that are 

14 involved in international education, language 

15 training, and international research capacities 

16 to fulfill manpower and information needs of 

17 United States businesses; and 

18 ‘‘(H) make recommendations to the Sec19 retary and the Congress about opportunities for 

20 underrepresented populations in the areas of 

21 international relations, international affairs, 

22 and international economics, in order to effec23 tively carry out the activities of the Institute 

24 under part C. 
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1 ‘‘(2) HEARINGS.—The International Advisory 

2 Board shall provide for public hearing and comment 

3 regarding the matter contained in the recommenda4 tions described in paragraph (1), prior to the sub5 mission of those recommendations to Secretary and 

6 the Congress. 

7 ‘‘(e) OPERATIONS OF THE COMMITTEE.—

8 ‘‘(1) TERMS.—Each member of the Inter9 national Advisory Board shall be appointed for a 

10 term of 3 years, except that, of the members first 

11 appointed (A) 4 shall be appointed for a term of 3 

12 years, and (B) 3 shall be appointed for a term of 4 

13 years, as designated at the time of appointment by 

14 the Secretary. A member of the International Advi15 sory Board may be reappointed to successive terms 

16 on the International Advisory Board. 

17 ‘‘(2) VACANCIES.—Any member appointed to 

18 fill a vacancy occurring prior to the expiration of the 

19 term of a predecessor shall be appointed only for the 

20 remainder of such term. A member of the Inter21 national Advisory Board shall, upon the Secretary’s 

22 request, continue to serve after the expiration of a 

23 term until a successor has been appointed. 

24 ‘‘(3) NO GOVERNMENTAL MEMBERS.—Except 

25 for the members appointed by the Secretary under 
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1 subsection (c)(1)(A), no officers or full-time employ2 ees of the Federal Government shall serve as mem3 bers of the International Advisory Board. 

4 ‘‘(4) MEETINGS.—The International Advisory 

5 Board shall meet not less than once each year. The 

6 International Advisory Board shall hold additional 

7 meetings at the call of the Chair or upon the written 

8 request of not less than 3 voting members of the 

9 International Advisory Board. 

10 ‘‘(5) QUORUM.—A majority of the voting mem11 bers of the Board serving at the time of a meeting 

12 shall constitute a quorum. 

13 ‘‘(6) CHAIR.—The International Advisory 

14 Board shall elect a Chairman or Chairwoman from 

15 among the members of the International Advisory 

16 Board. 

17 ‘‘(f) SUBMISSION TO DEPARTMENT FOR COM18 MENT.—The International Advisory Board shall submit 

19 its proposed recommendations to the Secretary of Edu20 cation for comment for a period not to exceed 30 days 

21 in each instance. 

22 ‘‘(g) PERSONNEL AND RESOURCES.—

23 ‘‘(1) COMPENSATION AND EXPENSE.—Members 

24 of the International Advisory Committee shall serve 

25 without pay for such service. Members of the Inter-
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1 national Advisory Board who are officers or employ2 ees of the United States may not receive additional 

3 pay, allowances, or benefits by reason of their serv4 ice on the International Advisory Board. Members of 

5 the International Advisory Board may each receive 

6 reimbursement for travel expenses incident to at7 tending International Advisory Board meetings, in8 cluding per diem in lieu of subsistence, as authorized 

9 by section 5703 of title 5, United States Code, for 

10 persons in the Government service employed inter11 mittently. 

12 ‘‘(2) PERSONNEL.—The International Advisory 

13 Board may appoint such personnel as may be deter14 mined necessary by the Chairman without regard to 

15 the provisions of title 5, United States Code, gov16 erning appointments in the competitive service, and 

17 may be paid without regard to the provisions of 

18 chapter 51 and subchapter III of chapter 53 of such 

19 title relating to classification and General Schedule 

20 pay rates, but no individual so appointed shall be 

21 paid in excess of the rate authorized for GS–18 of 

22 the General Schedule. The International Advisory 

23 Board may appoint not more than 1 full-time equiv24 alent, nonpermanent, consultant without regard to 

25 the provisions of title 5, United States Code. The 
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1 International Advisory Board shall not be required 

2 by the Secretary to reduce personnel to meet agency 

3 personnel reduction goals. 

4 ‘‘(3) CONSULTATION.—In carrying out its du5 ties under the Act, the International Advisory Board 

6 shall consult with other Federal agencies, represent7 atives of State and local governments, and private 

8 organizations to the extent feasible. 

9 ‘‘(4) ASSISTANCE FROM OTHER AGENCIES.—

10 ‘‘(A) INFORMATION.—The International 

11 Advisory Board is authorized to secure directly 

12 from any executive department, bureau, agency, 

13 board, commission, office, independent estab14 lishment, or instrumentality information, sug15 gestions, estimates, and statistics for the pur16 pose of this section and each such department, 

17 bureau, agency, board, commission, office, inde18 pendent establishment, or instrumentality is au19 thorized and directed, to the extent permitted 

20 by law, to furnish such information, sugges21 tions, estimates, and statistics directly to the 

22 International Advisory Board, upon request 

23 made by the Chairman. 

24 ‘‘(B) SERVICES AND PERSONNEL.—The 

25 head of each Federal agency shall, to the extent 
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1 not prohibited by law, consult with the Inter2 national Advisory Board in carrying out this 

3 section. The International Advisory Board is 

4 authorized to utilize, with their consent, the 

5 services, personnel, information, and facilities of 

6 other Federal, State, local, and private agencies 

7 with or without reimbursement. 

8 ‘‘(5) CONTRACTS; EXPERTS AND CONSULT9 ANTS.—The International Advisory Board may enter 

10 into contracts for the acquisition of information, 

11 suggestions, estimates, and statistics for the purpose 

12 of this section. The International Advisory Board is 

13 authorized to obtain the services of experts and con14 sultants without regard to section 3109 of title 5, 

15 United States Code and to set pay in accordance 

16 with such section. 

17 ‘‘(h) TERMINATION.—Notwithstanding the sunset 

18 and charter provisions of the Federal Advisory Committee 

19 Act (5 U.S.C. App. I) or any other statute or regulation, 

20 the International Advisory Committee shall be authorized 

21 through September 30, 2012. 

22 ‘‘(i) FUNDS.—The Secretary shall use not more than 

23 one-half of the funds available to the Secretary under sec24 tion 632 to carry out this section.’’. 
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1 SEC. 606. RECRUITER ACCESS TO STUDENTS AND STUDENT 

2 RECRUITING INFORMATION; SAFETY. 

3 Part D of title VI is amended by inserting after sec4 tion 633 (as added by section 6) the following new sec5 tions: 

6 ‘‘SEC. 634. RECRUITER ACCESS TO STUDENTS AND STU7 DENT RECRUITING INFORMATION. 

8 ‘‘Each institution of higher education that receives a 

9 grant under this title shall assure that—

10 ‘‘(1) recruiters of the United States Govern11 ment and agencies thereof are given the same access 

12 to students as is provided generally to other institu13 tions of higher education and prospective employers 

14 of those students for the purpose of recruiting for 

15 graduate opportunities or prospective employment; 

16 and 

17 ‘‘(2) no undue restrictions are placed upon stu18 dents that seek employment with the United States 

19 Government or any agency thereof. 

20 ‘‘SEC. 635. STUDENT SAFETY. 

21 ‘‘Applicants seeking funds under this title to support 

22 student travel and study abroad shall submit as part of 

23 their grant application a description of safety policies and 

24 procedures for students participating in the program while 

25 abroad.’’. 
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1 SEC. 607. NATIONAL STUDY OF FOREIGN LANGUAGE HERIT2 AGE COMMUNITIES. 

3 Part D of title VI is further amended by inserting 

4 after section 635 (as added by section 7) the following 

5 new section: 

6 ‘‘SEC. 636. NATIONAL STUDY OF FOREIGN LANGUAGE HER7 ITAGE COMMUNITIES. 

8 ‘‘(a) STUDY.—The Secretary of Education, in con9 sultation with the International Advisory Board, shall con10 duct a study to identify foreign language heritage commu11 nities, particularly such communities that include speakers 

12 of languages that are critical to the national security of 

13 the United States. 

14 ‘‘(b) FOREIGN LANGUAGE HERITAGE COMMUNITY.—

15 For purposes of this section, the term ‘foreign language 

16 heritage community’ means a community of residents or 

17 citizens of the United States who are native speakers of, 

18 or who have partial fluency in, a foreign language. 

19 ‘‘(c) REPORT.—Not later than 1 year after the date 

20 of the enactment of this Act, the Secretary of Education 

21 shall submit a report to the Congress on the results of 

22 the study conducted under this section.’’. 
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1 TITLE VII—TITLE VII 

2 AMENDMENTS 

3 SEC. 701. JAVITS FELLOWSHIP PROGRAM. 

4 (a) INTERRUPTIONS OF STUDY.—Section 701(c) (20 

5 U.S.C. 1134(c)) is amended by adding at the end the fol6 lowing new sentence: ‘‘In the case of other exceptional cir7 cumstances, such as active duty military service or per8 sonal or family member illness, the institution of higher 

9 education may also permit the fellowship recipient to in10 terrupt periods of study for the duration of the tour of 

11 duty (in the case of military service) or not more than 

12 12 months (in any other case), but without payment of 

13 the stipend.’’. 

14 (b) ALLOCATION OF FELLOWSHIPS.—Section 

15 702(a)(1) (20 U.S.C. 1134a(a)(1)) is amended—

16 (1) in the first sentence, by inserting ‘‘from di17 verse geographic regions’’ after ‘‘higher education’’; 

18 and 

19 (2) by adding at the end the following new sen20 tence: ‘‘The Secretary shall also assure that at least 

21 one representative appointed to the Board represents 

22 an institution that is eligible for a grant under title 

23 III or V of this Act.’’. 

24 (c) STIPENDS.—Section 703 (20 U.S.C. 1134b(a)) is 

25 amended—
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1 (1) in subsection (a)—

2 (A) by striking ‘‘1999–2000’’ and inserting 

3 ‘‘2006–2007’’; 

4 (B) by striking ‘‘shall be set’’ and inserting 

5 ‘‘may be set’’; and 

6 (C) by striking ‘‘Foundation graduate fel7 lowships’’ and inserting ‘‘Foundation Graduate 

8 Research Fellowship Program’’; and 

9 (2) in subsection (b), by amending paragraph 

10 (1)(A) to read as follows: 

11 ‘‘(1) IN GENERAL.—(A) The Secretary shall (in 

12 addition to stipends paid to individuals under this 

13 subpart) pay to the institution of higher education, 

14 for each individual awarded a fellowship under this 

15 subpart at such institution, an institutional allow16 ance. Except as provided in subparagraph (B), such 

17 allowance shall be, for 2006–2007 and succeeding 

18 academic years, the same amount as the institu19 tional payment made for 2005–2006 adjusted for 

20 2006–2007 and annually thereafter in accordance 

21 with inflation as determined by the Department of 

22 Labor’s Consumer Price Index for the previous cal23 endar year.’’. 

24 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

25 705 (20 U.S.C. 1134d) is amended by striking ‘‘fiscal year 
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1 1999 and such sums as may be necessary for each of the 

2 4 succeeding fiscal years’’ and inserting ‘‘fiscal year 2006 

3 and such sums as may be necessary for each of the 5 suc4 ceeding fiscal years’’. 

5 SEC. 702. GRADUATE ASSISTANCE IN AREAS OF NATIONAL 

6 NEED. 

7 (a) DESIGNATION OF AREAS OF NATIONAL NEED; 

8 PRIORITY.—Section 712 (20 U.S.C. 1135a) is amended—

9 (1) in the last sentence of subsection (b)—

10 (A) by striking ‘‘and an assessment’’ and 

11 inserting ‘‘an assessment’’; and 

12 (B) by inserting before the period at the 

13 end the following: ‘‘, and the priority described 

14 in subsection (c) of this section’’; and 

15 (2) by adding at the end the following new sub16 section: 

17 ‘‘(c) PRIORITY.—The Secretary shall establish a pri18 ority for grants in order to prepare individuals for the pro19 fessoriate who will train highly-qualified elementary and 

20 secondary school teachers of math, science, and special 

21 education, and teachers who provide instruction for lim22 ited English proficient individuals. Such grants shall offer 

23 program assistance and graduate fellowships for—

24 ‘‘(1) post-baccalaureate study related to teacher 

25 preparation and pedagogy in math and science for 
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1 students who have completed a master’s degree or 

2 are pursuing a doctorate of philosophy in math and 

3 science; 

4 ‘‘(2) post-baccalaureate study related to teacher 

5 preparation and pedagogy in special education and 

6 English language acquisition and academic pro7 ficiency for limited English proficient individuals; 

8 and 

9 ‘‘(3) support of dissertation research in the 

10 fields of math, science, special education, or second 

11 language pedagogy and second language acquisi12 tion.’’. 

13 (b) COLLABORATION REQUIRED FOR CERTAIN AP14 PLICATIONS.—Section 713(b) (20 U.S.C. 1135b) is 

15 amended—

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

17 (9); 

18 (2) by redesignating paragraph (10) as para19 graph (11); and 

20 (3) by inserting after paragraph (9) the fol21 lowing new paragraph: 

22 ‘‘(10) in the case of an application for a grant 

23 by a department, program, or unit in education or 

24 teacher preparation, contain assurances that such 

25 department, program, or unit collaborates with de-
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1 partments, programs, or units in all content areas to 

2 assure a successful combination of training in both 

3 teaching and such content; and’’. 

4 (c) STIPENDS.—Section 714(b) (20 U.S.C. 1135c(b)) 

5 is amended—

6 (1) by striking ‘‘1999–2000’’ and inserting 

7 ‘‘2006–2007’’; 

8 (2) by striking ‘‘shall be set’’ and inserting 

9 ‘‘may be set’’; and 

10 (3) by striking ‘‘Foundation graduate fellow11 ships’’ and inserting ‘‘Foundation Graduate Re12 search Fellowship Program’’. 

13 (d) ADDITIONAL ASSISTANCE.—Section 715(a)(1) 

14 (20 U.S.C. 1135d(a)(1)) is amended—

15 (1) by striking ‘‘1999–2000’’ and inserting 

16 ‘‘2006–2007’’; and 

17 (2) by striking ‘‘1998–1999’’ and inserting 

18 ‘‘2006–2007’’. 

19 (e) AUTHORIZATION OF APPROPRIATIONS.—Section 

20 716 (20 U.S.C. 1135e) is amended by striking ‘‘fiscal year 

21 1999 and such sums as may be necessary for each of the 

22 4 succeeding fiscal years’’ and inserting ‘‘fiscal year 2006 

23 and such sums as may be necessary for each of the 5 suc24 ceeding fiscal years’’. 
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1 (f) TECHNICAL AMENDMENTS.—Section 714(c) (20 

2 U.S.C. 1135c(c)) is amended—

3 (1) by striking ‘‘section 716(a)’’ and inserting 

4 ‘‘section 715(a)’’; and 

5 (2) by striking ‘‘section 714(b)(2)’’ and insert6 ing ‘‘section 713(b)(2)’’. 

7 SEC. 703. THURGOOD MARSHALL LEGAL EDUCATIONAL OP8 PORTUNITY PROGRAM. 

9 (a) CONTRACT AND GRANT PURPOSES.—Section 

10 721(c) (20 U.S.C. 1136(c)) is amended—

11 (1) by amending paragraph (2) to read as fol12 lows: 

13 ‘‘(2) to prepare such students for study at ac14 credited law schools and assist them with the devel15 opment of analytical skills and study methods to en16 hance their success and promote completion of law 

17 school;’’; 

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

19 (4); 

20 (3) by striking the period at the end of para21 graph (5) and inserting ‘‘; and’’; and 

22 (4) by adding at the end the following new 

23 paragraph: 

24 ‘‘(6) to award Thurgood Marshall Fellowships 

25 to eligible law school students—
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1 ‘‘(A) who participated in summer institutes 

2 authorized by subsection (d) and who are en3 rolled in an accredited law school; or 

4 ‘‘(B) who are eligible law school students 

5 who have successfully completed a comparable 

6 summer institute program certified by the 

7 Council on Legal Educational Opportunity.’’. 

8 (b) SERVICES PROVIDED.—Section 721(d)(1)(D) (20 

9 U.S.C. 1136(d)(1)(D)) is amended by inserting ‘‘in ana10 lytical skills and study methods’’ after ‘‘courses’’. 

11 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

12 721(h) (20 U.S.C. 1136(h)) is amended by striking ‘‘1999 

13 and each of the 4 succeeding fiscal years’’ and inserting 

14 ‘‘2006 and each of the 5 succeeding fiscal years’’. 

15 (d) GENERAL PROVISIONS.—Subsection (e) of section 

16 731 (20 U.S.C. 1137(e)) is repealed. 

17 SEC. 704. FUND FOR THE IMPROVEMENT OF POSTSEC18 ONDARY EDUCATION. 

19 (a) CONTRACT AND GRANT PURPOSES.—Section 

20 741(a) (20 U.S.C. 1138(a)) is amended—

21 (1) by amending paragraph (1) to read as fol22 lows: 

23 ‘‘(1) the encouragement of the reform and im24 provement of, and innovation in, postsecondary edu25 cation and the provision of educational opportunity 
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1 for all, especially for the non-traditional student pop2 ulations;’’; 

3 (2) in paragraph (2), by inserting before the 

4 semicolon at the end the following: ‘‘for postsec5 ondary students, especially those that provide aca6 demic credit for programs’’; 

7 (3) by amending paragraph (3) to read as fol8 lows: 

9 ‘‘(3) the establishment of institutions and pro10 grams based on the technology of communications, 

11 including delivery by distance education;’’; and 

12 (4) by amending paragraph (6) to read as fol13 lows: 

14 ‘‘(6) the introduction of institutional reforms 

15 designed to expand individual opportunities for en16 tering and reentering postsecondary institutions and 

17 pursuing programs of postsecondary study tailored 

18 to individual needs;’’. 

19 (b) AREAS OF NATIONAL NEED.—Section 744(c) (20 

20 U.S.C. 1138c(c)) is amended by striking paragraph (4) 

21 and inserting the following: 

22 ‘‘(4) International cooperation, partnerships, or 

23 student exchange among postsecondary educational 

24 institutions in the United States and abroad. 
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1 ‘‘(5) Establishment of academic programs in2 cluding graduate and undergraduate courses, semi3 nars and lectures, support of research, and develop4 ment of teaching materials for the purpose of sup5 porting faculty and academic programs that teach 

6 traditional American history (including significant 

7 constitutional, political, intellectual, economic, diplo8 matic, and foreign policy trends, issues, and docu9 ments; the history, nature, and development of 

10 democratic institutions of which American democ11 racy is a part; and significant events and individuals 

12 in the history of the United States). 

13 ‘‘(6) Support for planning, applied research, 

14 training, resource exchanges or technology transfers, 

15 the delivery of services, or other activities the pur16 pose of which is to design and implement programs 

17 to enable institutions of higher education to work 

18 with private and civic organizations to assist commu19 nities to meet and address their pressing and severe 

20 problems, including economic development, commu21 nity infrastructure and housing, crime prevention, 

22 education, healthcare, self sufficiency, and workforce 

23 preparation.’’. 

24 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

25 745 (20 U.S.C. 1138d) is amended by striking 
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1 ‘‘$30,000,000 for fiscal year 1999 and such sums as may 

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

3 inserting ‘‘$40,000,000 for fiscal year 2006 and such 

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

5 fiscal years’’ . 

6 SEC. 705. URBAN COMMUNITY SERVICE. 

7 Part C of title VII (20 U.S.C. 1139 et seq.) is re8 pealed. 

9 SEC. 706. DEMONSTRATION PROJECTS TO ENSURE STU10 DENTS WITH DISABILITIES RECEIVE A QUAL11 ITY HIGHER EDUCATION. 

12 (a) SERVING ALL STUDENTS WITH DISABILITIES.—

13 Section 762(a) (20 U.S.C. 1140a(a)) is amended by strik14 ing ‘‘students with learning disabilities’’ and inserting 

15 ‘‘students with disabilities’’. 

16 (b) AUTHORIZED ACTIVITIES.—

17 (1) AMENDMENT.—Section 762(b)(2) is amend18 ed—

19 (A) in subparagraph (A), by inserting ‘‘in 

20 order to improve retention and completion’’ 

21 after ‘‘disabilities’’; 

22 (B) by redesignating subparagraphs (B) 

23 and (C) as subparagraphs (C) and (E), respec24 tively; 
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1 (C) by inserting after subparagraph (A) 

2 the following new subparagraph: 

3 ‘‘(B) EFFECTIVE TRANSITION PRAC4 TICES.—The development of innovative, effec5 tive, and efficient teaching methods and strate6 gies to ensure the smooth transition of students 

7 with disabilities from high school to postsec8 ondary education.’’; and 

9 (D) by inserting after subparagraph (C) 

10 (as redesignated by subparagraph (B) of this 

11 paragraph) the following new subparagraph: 

12 ‘‘(D) DISTANCE LEARNING.—The develop13 ment of innovative, effective, and efficient 

14 teaching methods and strategies to provide fac15 ulty and administrators with the ability to pro16 vide accessible distance education programs or 

17 classes that would enhance access of students 

18 with disabilities to higher education, including 

19 the use of electronic communication for instruc20 tion and advisement.’’. 

21 (2) CONFORMING AMENDMENT.—Section 

22 762(b)(3) is amended by striking ‘‘subparagraphs 

23 (A) through (C)’’ and inserting ‘‘subparagraphs (A) 

24 through (E)’’. 
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1 (c) APPLICATIONS.—Section 763 (20 U.S.C. 1140b) 

2 is amended—

3 (1) by amending paragraph (1) to read as fol4 lows: 

5 ‘‘(1) a description of how such institution plans 

6 to address the activities allowed under this part;’’; 

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

8 (2); 

9 (3) by striking the period at the end of para10 graph (3) and inserting ‘‘; and’’; and 

11 (4) by adding at the end the following new 

12 paragraph: 

13 ‘‘(4) a description of the extent to which an in14 stitution will work to replicate the best practices of 

15 institutions of higher education with demonstrated 

16 success in serving students with disabilities.’’. 

17 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

18 765 (20 U.S.C. 1140d) is amended by striking ‘‘fiscal year 

19 1999 and such sums as may be necessary for each of the 

20 4 succeeding fiscal years’’ and inserting ‘‘fiscal year 2006 

21 and such sums as may be necessary for each of the 5 suc22 ceeding fiscal years’’. 
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1 TITLE VIII—CLERICAL 

2 AMENDMENTS 

3 SEC. 801. CLERICAL AMENDMENTS. 

4 (a) DEFINITION.—Section 103 (20 U.S.C. 1003) is 

5 amended—

6 (1) by redesignating paragraphs (1) through 

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

8 and 

9 (2) by inserting before paragraph (2) (as so re10 designated) the following new paragraph: 

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

12 ‘authorizing committees’ means the Committee on 

13 Health, Education, Labor, and Pensions of the Sen14 ate and the Committee on Education and the Work15 force of the House of Representatives.’’. 

16 (b) COMMITTEES.—

17 (1) The following provisions are each amended 

18 by striking ‘‘Committee on Labor and Human Re19 sources of the Senate and the Committee on Edu20 cation and the Workforce of the House of Rep21 resentatives’’ and inserting ‘‘authorizing commit22 tees’’: 

23 (A) Section 131(a)(3)(B) (20 U.S.C. 

24 1015(a)(3)(B)). 
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1 (B) Section 131(c)(4) (20 U.S.C. 

2 1015(c)(4)). 

3 (C) Section 206(d) (20 U.S.C. 1026(d)). 

4 (D) Section 207(c)(1) (20 U.S.C. 

5 1027(c)(1)). 

6 (E) Section 428(g) (20 U.S.C. 1078(g)). 

7 (F) Section 428A(a)(4) (20 U.S.C. 1078–

8 1(a)(4)). 

9 (G) Section 428A(c)(2) (20 U.S.C. 1078–

10 1(c)(2)). 

11 (H) Section 428A(c)(3) (20 U.S.C. 1078–

12 1(c)(3)). 

13 (I) Section 428A(c)(5) (20 U.S.C. 1078–

14 1(c)(5)). 

15 (J) Section 455(b)(8)(B) (20 U.S.C. 

16 1087e(b)(8)(B)). 

17 (K) Section 483(c) (20 U.S.C. 1090(c)). 

18 (L) Section 486(e) (20 U.S.C. 1093(e)). 

19 (M) Section 486(f)(3)(A) (20 U.S.C. 

20 1093(f)(3)(A)). 

21 (N) Section 486(f)(3)(B) (20 U.S.C. 

22 1093(f)(3)(B)). 

23 (O) Section 487A(a)(5) (20 U.S.C. 

24 1094a(a)(5)). 
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1 (P) Section 487A(b)(2) (20 U.S.C. 

2 1094a(b)(2)). 

3 (Q) Section 487A(b)(3)(B) (20 U.S.C. 

4 1094a(b)(3)(B)). 

5 (R) Section 498B(d)(1) (20 U.S.C. 1099c–

6 2(d)(1)). 

7 (S) Section 498B(d)(2) (20 U.S.C. 1099c–

8 2(d)(2)). 

9 (2) The following provisions are each amended 

10 by striking ‘‘Committee on Education and the Work11 force of the House of Representatives and the Com12 mittee on Labor and Human Resources of the Sen13 ate’’ and inserting ‘‘authorizing committees’’: 

14 (A) Section 141(d)(4)(B) (20 U.S.C. 

15 1018(d)(4)(B)). 

16 (B) Section 428(n)(4) (20 U.S.C. 

17 1078(n)(4)). 

18 (C) Section 437(c)(1) (20 U.S.C. 

19 1087(c)(1)). 

20 (D) Section 485(f)(5)(A) (20 U.S.C. 

21 1092(f)(5)(A)). 

22 (E) Section 485(g)(4)(B) (20 U.S.C. 

23 1092(g)(4)(B)). 

24 (3) Section 206(a) (20 U.S.C. 1026(a)) is 

25 amended by striking ‘‘, the Committee on Labor and 
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1 Human Resources of the Senate, and the Committee 

2 on Education and the Workforce of the House of 

3 Representatives’’ and inserting ‘‘and the authorizing 

4 committees’’. 

5 (4) Section 401(f)(3) (20 U.S.C. 1070a(f)(3)) 

6 is amended by striking ‘‘Committee on Appropria7 tions and the Committee on Labor and Human Re8 sources of the Senate and the Committee on Appro9 priations and the Committee on Education and the 

10 Workforce of the House of Representatives’’ and in11 serting ‘‘Committees on Appropriations of the Sen12 ate and House of Representatives and the author13 izing committees’’. 

14 (5) Section 428(c)(9)(K) (20 U.S.C. 

15 1078(c)(9)(K)) is amended by striking ‘‘House Com16 mittee on Education and the Workforce and the 

17 Senate Committee on Labor and Human Resources’’ 

18 and inserting ‘‘authorizing committees’’. 

19 (6) Section 428I(h) (20 U.S.C. 1078–9(h)) is 

20 amended by striking ‘‘Chairman of the Senate Labor 

21 and Human Resources Committee and the House 

22 Committee on Education and Labor’’ and inserting 

23 ‘‘chairpersons of the authorizing committees’’. 

24 (7) Section 432(f)(1)(C) (20 U.S.C. 

25 1082(f)(1)(C)) is amended by striking ‘‘Committee 
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1 on Education and the Workforce of the House of 

2 Representatives or the Committee on Labor and 

3 Human Resources of the Senate’’ and inserting ‘‘ei4 ther of the authorizing committees’’. 

5 (8) Section 439(d)(1)(E)(iii) (20 U.S.C. 1087–

6 2(d)(1)(E)(iii)) is amended by striking ‘‘Chairman 

7 and the Ranking Member on the Committee on 

8 Labor and Human Resources of the Senate and the 

9 Chairman and the Ranking Member of the Com10 mittee on Education and Labor of the House of 

11 Representatives’’ and inserting ‘‘chairpersons and 

12 ranking minority members of the authorizing com13 mittees’’. 

14 (9) Paragraphs (3) and (8)(C) of section 439(r) 

15 (20 U.S.C. 1087–2(r)) are each amended by striking 

16 ‘‘Chairman and ranking minority member of the 

17 Committee on Labor and Human Resources of the 

18 Senate, the Chairman and ranking minority member 

19 of the Committee on Education and Labor of the 

20 House of Representatives,’’ and inserting ‘‘chair21 persons and ranking minority members of the au22 thorizing committees’’. 

23 (10) Paragraphs (5)(B) and (10) of section 

24 439(r) (20 U.S.C. 1087–2(r)) are each amended by 

25 striking ‘‘Chairman and ranking minority member of 
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1 the Senate Committee on Labor and Human Re2 sources and to the Chairman and ranking minority 

3 member of the House Committee on Education and 

4 Labor’’ and inserting ‘‘chairpersons and ranking mi5 nority members of the authorizing committees’’. 

6 (11) Section 439(r)(6)(B) (20 U.S.C. 1087–

7 2(r)(6)(B)) is amended by striking ‘‘Chairman and 

8 ranking minority member of the Committee on 

9 Labor and Human Resources of the Senate and to 

10 the Chairman and ranking minority member of the 

11 Committee on Education and Labor of the House of 

12 Representatives’’ and inserting ‘‘chairpersons and 

13 ranking minority members of the authorizing com14 mittees’’. 

15 (12) Section 439(s)(2)(A) (20 U.S.C. 1087–

16 2(s)(2)(A)) is amended by striking ‘‘Chairman and 

17 Ranking Member of the Committee on Labor and 

18 Human Resources of the Senate and the Chairman 

19 and Ranking Member of the Committee on Eco20 nomic and Educational Opportunities of the House 

21 of Representatives’’ and inserting ‘‘chairpersons and 

22 ranking minority members of the authorizing com23 mittees’’. 

24 (13) Section 439(s)(2)(B) (20 U.S.C. 1087–

25 2(s)(2)(B)) is amended by striking ‘‘Chairman and 
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1 Ranking Minority Member of the Committee on 

2 Labor and Human Resources of the Senate and 

3 Chairman and Ranking Minority Member of the 

4 Committee on Economic and Educational Opportu5 nities of the House of Representatives’’ and insert6 ing ‘‘chairpersons and ranking minority members of 

7 the authorizing committees’’. 

8 (14) Section 482(d) (20 U.S.C. 1089(d)) is 

9 amended by striking ‘‘Committee on Labor and 

10 Human Resources of the Senate and the Committee 

11 on Education and Labor of the House of Represent12 atives’’ and inserting ‘‘authorizing committees’’. 

13 (c) ADDITIONAL CLERICAL AMENDMENTS.—

14 (1) Clauses (i) and (ii) of section 425(a)(2)(A) 

15 (20 U.S.C. 1075(a)(2)(A)) are each amended by 

16 striking ‘‘428A or 428B’’ and inserting ‘‘428B or 

17 428H’’. 

18 (2) Section 428(a)(2)(E) (20 U.S.C. 

19 1078(a)(2)(E)) is amended by striking ‘‘428A or’’. 

20 (3) Clauses (i) and (ii) of section 428(b)(1)(B) 

21 (20 U.S.C. 1078(b)(1)(B)) are each amended by 

22 striking ‘‘428A or 428B’’ and inserting ‘‘428B or 

23 428H’’. 

24 (4) Section 428(b)(1)(Q) (20 U.S.C. 

25 1078(b)(1)(Q)) is amended by striking ‘‘sections 
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1 428A and 428B’’ and inserting ‘‘section 428B or 

2 428H’’. 

3 (5) Section 428(b)(7)(C) (20 U.S.C. 

4 1078(b)(7)(C)) is amended by striking ‘‘428A, 

5 428B,’’ and inserting ‘‘428B’’. 

6 (6) Section 428G(c)(2) (20 U.S.C. 1078–

7 7(c)(2)) is amended by striking ‘‘428A’’ and insert8 ing ‘‘428H’’. 

9 (7) The heading for section 433(e) (20 U.S.C. 

10 1083(e)) is amended by striking ‘‘SLS LOANS

11 AND’’. 

12 (8) Section 433(e) (20 U.S.C. 1083(e)) is 

13 amended by striking ‘‘428A, 428B,’’ and inserting 

14 ‘‘428B’’. 

15 (9) Section 435(a)(3) (20 U.S.C. 1085(a)(3)) is 

16 amended—

17 (A) by inserting ‘‘or’’ at the end of sub18 paragraph (A); 

19 (B) by striking subparagraph (B); and 

20 (C) by redesignating subparagraph (C) as 

21 subparagraph (B). 

22 (10) Section 435(d)(1)(G) (20 U.S.C. 

23 1085(d)(1)(G)) is amended by striking ‘‘428A(d), 

24 428B(d), 428C,’’ and inserting ‘‘428B(d), 428C, 

25 428H,’’. 
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1 (11) Section 435(m) (20 U.S.C. 1085(m)) is 

2 amended—

3 (A) in paragraph (1)(A), by striking ‘‘, 

4 428A,’’; and 

5 (B) in paragraph (2)(D), by striking 

6 ‘‘428A’’ each place it appears and inserting 

7 ‘‘428H’’. 

8 (12) Section 438(b)(2)(D) (20 U.S.C. 1087–

9 1(b)(2)(D)) is amended by striking ‘‘division (i) of 

10 this subparagraph’’ and inserting ‘‘clause (i) of this 

11 subparagraph’’. 

12 (13) Section 438(c)(6) (20 U.S.C. 1087–

13 1(c)(6)) is amended—

14 (A) by striking ‘‘SLS AND PLUS’’ in the 

15 heading and inserting ‘‘PLUS’’; and 

16 (B) by striking ‘‘428A or’’. 

17 (14) Section 438(c)(7) (20 U.S.C. 1087–

18 1(c)(7)) is amended by striking ‘‘428A or’’. 

19 (15) Nothing in the amendments made by this 

20 subsection shall be construed to alter the terms, con21 ditions, and benefits applicable to Federal supple22 mental loans for students (‘‘SLS loans’’) under sec23 tion 428A as in effect prior to July 1, 1994 (20 

24 U.S.C. 1078–1). 
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1 TITLE IX—AMENDMENTS TO 

2 OTHER EDUCATION LAWS 

3 PART A—EDUCATION OF THE DEAF ACT OF 1986

4 SEC. 901. LAURENT CLERC NATIONAL DEAF EDUCATION 

5 CENTER. 

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

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

8 4304(a)(1)(A)) is amended by inserting after ‘‘maintain 

9 and operate’’ the following: ‘‘, at the Laurent Clerc Na10 tional Deaf Education Center,’’. 

11 (b) ADMINISTRATIVE REQUIREMENTS.—

12 (1) IN GENERAL.—Section 104(b) of the Edu13 cation of the Deaf Act of 1986 (20 U.S.C. 4304(b)) 

14 is amended—

15 (A) in the matter preceding subparagraph 

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

17 and secondary education programs’’ and insert18 ing ‘‘Laurent Clerc National Deaf Education 

19 Center’’; and 

20 (B) in paragraph (2), by striking ‘‘elemen21 tary and secondary education programs’’ and 

22 inserting ‘‘Laurent Clerc National Deaf Edu23 cation Center’’. 

24 (2) ACADEMIC CONTENT STANDARDS, ACHIEVE25 MENT STANDARDS, AND ASSESSMENTS.—Section 
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1 104(b) of the Education of the Deaf Act of 1986 

2 (20 U.S.C. 4304(b)) is amended by adding at the 

3 end the following new paragraph: 

4 ‘‘(5) The University, in consultation with the Sec5 retary, shall—

6 ‘‘(A) not later than one year after the date of 

7 the enactment of the College Access and Oppor8 tunity Act of 2005, adopt and implement academic 

9 content standards, academic achievement standards, 

10 and academic assessments as described in section 

11 1111(b) of the Elementary and Secondary Edu12 cation Act of 1965 for the Laurent Clerc National 

13 Deaf Education Center; 

14 ‘‘(B) develop adequate yearly progress stand15 ards for the Center as described in section 

16 1111(b)(2)(C) of such Act; and 

17 ‘‘(C) make available to the public the results of 

18 such assessments, except in such case in which such 

19 reporting would not yield statistically reliable infor20 mation or would reveal personally identifiable infor21 mation about an individual student.’’. 

22 SEC. 902. AUTHORITY. 

23 Section 111 of the Education of the Deaf Act of 1986 

24 (20 U.S.C. 4331) is amended by striking ‘‘the institution 

25 of higher education with which the Secretary has an agree-
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1 ment under this part’’ and inserting ‘‘the Rochester Insti2 tute of Technology’’. 

3 SEC. 903. AGREEMENT FOR THE NATIONAL TECHNICAL IN4 STITUTE FOR THE DEAF. 

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

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

7 is amended—

8 (1) in paragraph (1)—

9 (A) in the first sentence—

10 (i) by striking ‘‘an institution of high11 er education’’ and inserting ‘‘the Rochester 

12 Institute of Technology, Rochester, New 

13 York,’’; and 

14 (ii) by striking ‘‘of a’’ and inserting 

15 ‘‘of the’’; and 

16 (B) by striking the second sentence; and 

17 (2) in paragraph (2)—

18 (A) in the matter preceding subparagraph 

19 (A), by striking ‘‘the institution of higher edu20 cation with which the Secretary has an agree21 ment under this section’’ and inserting ‘‘the 

22 Rochester Institute of Technology’’; and 

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

24 institution’’ and inserting ‘‘the Rochester Insti25 tute of Technology’’. 
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1 (b) PROVISIONS OF AGREEMENT.—Section 112(b) of 

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

3 4332(b)) is amended—

4 (1) in paragraph (2), by striking ‘‘or other gov5 erning body of the institution’’ and inserting ‘‘of the 

6 Rochester Institute of Technology’’; and 

7 (2) in paragraph (3)—

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

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

10 Institute of Technology’’; 

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

12 education under the agreement with the Sec13 retary’’ and inserting ‘‘the Rochester Institute 

14 of Technology by the National Technical Insti15 tute for the Deaf’’; and 

16 (C) by striking ‘‘Committee on Education 

17 and Labor of the House of Representatives and 

18 to the Committee on Labor and Human Re19 sources of the Senate’’ and inserting ‘‘Com20 mittee on Education and the Workforce of the 

21 House of Representatives and to the Committee 

22 on Health, Education, Labor, and Pensions of 

23 the Senate’’. 

24 (c) LIMITATION.—Section 112(c) of the Education of 

25 the Deaf Act of 1986 (20 U.S.C. 4332(c)) is amended in 
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1 paragraphs (1) and (2) by striking ‘‘institution’’ each 

2 place it appears and inserting ‘‘Rochester Institute of 

3 Technology’’. 

4 SEC. 904. DEFINITIONS. 

5 Section 201 of the Education of the Deaf Act of 1986 

6 (20 U.S.C. 4351) is amended—

7 (1) by striking paragraph (3); 

8 (2) by redesignating paragraphs (4) through 

9 (7) as paragraphs (3) through (6), respectively; and 

10 (3) by adding at the end the following new 

11 paragraph: 

12 ‘‘(7) The term ‘RIT’ means the Rochester Insti13 tute of Technology.’’. 

14 SEC. 905. AUDIT. 

15 (a) GOVERNMENT ACCOUNTABILITY OFFICE AU16 THORITY.—Section 203(a) of the Education of the Deaf 

17 Act of 1986 (20 U.S.C. 4353(a)) is amended—

18 (1) in the heading, by striking ‘‘GENERAL AC19 COUNTING OFFICE’’ and inserting ‘‘GOVERNMENT

20 ACCOUNTABILITY OFFICE’’; and 

21 (2) in the matter following paragraph (2), by 

22 striking ‘‘General Accounting Office’’ and inserting 

23 ‘‘Government Accountability Office’’. 

24 (b) INDEPENDENT FINANCIAL AND COMPLIANCE

25 AUDIT.—Section 203(b)(1) of the Education of the Deaf 
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1 Act of 1986 (20 U.S.C. 4353(b)(1)) is amended by strik2 ing the second sentence and inserting the following: 

3 ‘‘NTID shall have an annual independent financial and 

4 compliance audit made of RIT programs and activities, 

5 including NTID programs and activities.’’. 

6 (c) COMPLIANCE.—Section 203(b)(2) of the Edu7 cation of the Deaf Act of 1986 (20 U.S.C. 4353(b)(2)) 

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

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

10 105(b)(4), 112(b)(5), 203(c), 207(b)(2), subsections (c) 

11 through (f) of section 207’’. 

12 (d) SUBMISSION OF AUDITS.—Section 203(b)(3) of 

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

14 4353(b)(3)) is amended—

15 (1) by inserting after ‘‘Secretary’’ the following: 

16 ‘‘and the Committee on Education and the Work17 force of the House of Representatives and the Com18 mittee on Health, Education, Labor, and Pensions 

19 of the Senate’’; and 

20 (2) by striking ‘‘or the institution authorized to 

21 establish and operate the NTID under section 

22 112(a)’’ and inserting ‘‘or RIT’’. 

23 (e) LIMITATIONS REGARDING EXPENDITURE OF

24 FUNDS.—Section 203(c)(2)(A) of the Education of the 

25 Deaf Act of 1986 (20 U.S.C. 4353(c)(2)(A)) is amended 
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•HR 507 IH 

1 in the fifth sentence by striking ‘‘the Committee on Edu2 cation and Labor of the House of Representatives and the 

3 Committee on Labor and Human Resources of the Sen4 ate’’ and inserting ‘‘the Committee on Education and the 

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

7 Senate’’. 

8 SEC. 906. REPORTS. 

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

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

11 amended in the matter preceding paragraph (1)—

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

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

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

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

20 the Workforce of the House of Representatives and 

21 the Committee on Health, Education, Labor, and 

22 Pensions of the Senate’’. 

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

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

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

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

3 year of graduation/completion’’; and 

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

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

9 ‘‘of RIT programs and activities’’. 

10 SEC. 907. LIAISON FOR EDUCATIONAL PROGRAMS. 

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

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

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

14 the’’ and inserting ‘‘The’’. 

15 SEC. 908. FEDERAL ENDOWMENT PROGRAMS FOR GAL16 LAUDET UNIVERSITY AND THE NATIONAL 

17 TECHNICAL INSTITUTE FOR THE DEAF. 

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

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

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

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

23 SEC. 909. OVERSIGHT AND EFFECT OF AGREEMENTS. 

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

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

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

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

5 Human Resources of the Senate and the Committee 

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

8 the Workforce of the House of Representatives and 

9 the Committee on Health, Education, Labor, and 

10 Pensions of the Senate’’. 

11 SEC. 910. AUTHORIZATION OF APPROPRIATIONS. 

12 (a) MONITORING AND EVALUATION ACTIVITIES.—

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

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

15 1998 through 2003’’ and inserting ‘‘fiscal years 2006 

16 through 2011’’. 

17 (b) FEDERAL ENDOWMENT PROGRAMS FOR GAL18 LAUDET UNIVERSITY AND THE NATIONAL TECHNICAL IN19 STITUTE FOR THE DEAF.—Section 207(h) of the Edu20 cation of the Deaf Act of 1986 (20 U.S.C. 4357(h)) is 

21 amended in paragraphs (1) and (2) by striking ‘‘fiscal 

22 years 1998 through 2003’’ each place it appears and in23 serting ‘‘fiscal years 2006 through 2011’’. 
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1 (c) GENERAL AUTHORIZATION OF APPROPRIA2 TIONS.—Section 212 of the Education of the Deaf Act of 

3 1986 (20 U.S.C. 4360a) is amended—

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

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

6 through 2003’’ and inserting ‘‘fiscal years 2006 

7 through 2011’’; and 

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

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

10 2006 through 2011’’. 

11 PART B—ADDITIONAL EDUCATION LAWS 

12 SEC. 921. AMENDMENT TO HIGHER EDUCATION AMEND13 MENTS OF 1998. 

14 (a) REPEALS OF EXPIRED AND EXECUTED PROVI15 SIONS.—The following provisions of the Higher Education 

16 Amendments of 1998 are repealed: 

17 (1) STUDY OF MARKET MECHANISMS IN FED18 ERAL STUDENT LOAN PROGRAMS.—Section 801 (20 

19 U.S.C. 1018 note). 

20 (2) STUDY OF FEASIBILITY OF ALTERNATE FI21 NANCIAL INSTRUMENTS FOR DETERMINING LENDER

22 YIELDS.—Section 802. 

23 (3) STUDENT RELATED DEBT STUDY.—Section 

24 803 (20 U.S.C. 1015 note) 
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1 (4) STUDY OF OPPORTUNITIES FOR PARTICIPA2 TION IN ATHLETIC PROGRAMS.—Section 805 (20 

3 U.S.C. 1001 note). 

4 (5) COMMUNITY SCHOLARSHIP MOBILIZA5 TION.—Part C (20 U.S.C. 1070 note). 

6 (6) INCARCERATED YOUTH.—Part D (20 

7 U.S.C. 1151). 

8 (7) IMPROVING UNITED STATES UNDER9 STANDING OF SCIENCE, ENGINEERING, AND TECH10 NOLOGY IN EAST ASIA.—Part F (20 U.S.C. 1862 

11 note). 

12 (8) WEB-BASED EDUCATION COMMISSION.—

13 Part J. 

14 (b) EXTENSIONS OF AUTHORIZATIONS AND STUD15 IES.—

16 (1) TRANSFER OF CREDIT.—Section 804(b) (20 

17 U.S.C. 1099b note) is amended—

18 (A) by striking ‘‘one year after the date of 

19 enactment of this Act’’ and inserting ‘‘Sep20 tember 30, 2007’’; and 

21 (B) by inserting ‘‘and policies of institu22 tions of higher education’’ after ‘‘agencies or 

23 associations’’. 

24 (2) COHORT DEFAULT RATE STUDY.—Section 

25 806 is amended—
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1 (A) in subsection (a), by striking ‘‘higher 

2 education at which less’’ and inserting ‘‘higher 

3 education. The study shall also review the effect 

4 of cohort default rates specifically on institu5 tions of higher education at which less’’; and 

6 (B) in subsection (c), by striking ‘‘Sep7 tember 30, 1999,’’ and inserting ‘‘September 

8 30, 2007,’’. 

9 (3) VIOLENCE AGAINST WOMEN.—Section 826 

10 (20 U.S.C. 1152) is amended—

11 (A) in subsection (g)—

12 (i) by striking ‘‘1999’’ and inserting 

13 ‘‘2006’’; and 

14 (ii) by striking ‘‘4 succeeding’’ and in15 serting ‘‘5 succeeding’’; and 

16 (B) by redesignating subsections (f) and 

17 (g) as subsections (e) and (f), respectively. 

18 (4) UNDERGROUND RAILROAD.—Subsection (c) 

19 of section 841 (20 U.S.C. 1153(c)) is amended to 

20 read as follows: 

21 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated to carry out this section 

23 $3,000,000 for fiscal year 2006 and such sums as may 

24 be necessary for each of the 5 succeeding fiscal years.’’. 
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1 (c) DISBURSEMENT OF STUDENT LOANS.—Section 

2 422(d) of the Higher Education Amendments of 1998 

3 (Public Law 105–244; 112 Stat. 1696) is amended by 

4 adding at the end the following new sentence: ‘‘Such 

5 amendments shall also be effective on and after July 1, 

6 2006.’’. 

7 SEC. 922. TRIBALLY CONTROLLED COLLEGE OR UNIVER8 SITY ASSISTANCE ACT OF 1978. 

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

10 Tribally Controlled Community College or University As11 sistance Act of 1978 (25 U.S.C. 1810(a)) is amended—

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

13 and inserting ‘‘2006’’; and 

14 (2) by striking ‘‘4 succeeding’’ each place it ap15 pears and inserting ‘‘5 succeeding’’. 

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

17 of the Tribally Controlled Community College or Univer18 sity Assistance Act of 1978 (25 U.S.C. 1836(a)) is amend19 ed—

20 (1) by striking ‘‘1999’’ and inserting ‘‘2006’’; 

21 and 

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

23 succeeding’’. 

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

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

2 is amended—

3 (1) by striking ‘‘1999’’ and inserting ‘‘2006’’; 

4 and 

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

6 succeeding’’. 

7 (d) ADDITIONAL AMENDMENTS.—The Tribally Con8 trolled Community College or University Assistance Act 

9 of 1978 is further amended—

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

11 by striking ‘‘in the field of Indian education’’ and in12 serting ‘‘in the field of Tribal Colleges and Univer13 sities and Indian higher education’’; 

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

15 and inserting the following: 

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

17 education program shall be determined as one credit 

18 for every 10 contact hours for institutions on a 

19 quarter system, and 15 contact hours for institu20 tions on a semester system, of participation in an or21 ganized continuing education experience under re22 sponsible sponsorship, capable direction, and quali23 fied instruction, as described in the criteria estab24 lished by the International Association for Con25 tinuing Education and Training, and may not exceed 
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1 20 percent of an institution’s total Indian student 

2 count.’’; and 

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

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

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

6 and’’, and by inserting after paragraph (3) the fol7 lowing new paragraph: 

8 ‘‘(4) has been accredited by a nationally recog9 nized accrediting agency or association determined 

10 by the Secretary of Education to be a reliable au11 thority as to the quality of training offered, or is, ac12 cording to such an agency or association, making 

13 reasonable progress toward accreditation.’’. 

14 SEC. 923. NAVAJO COMMUNITY COLLEGE ACT. 

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

16 (25 U.S.C. 640c–1(a)(1)) is amended—

17 (1) by striking ‘‘1999’’ and inserting ‘‘2006’’; 

18 and 

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

20 succeeding’’. 

21 SEC. 924. EDUCATION AMENDMENTS OF 1992. 

22 Section 1543(d) of the Education Amendments of 

23 1992 (20 U.S.C. 1070 note) is amended—

24 (1) by striking ‘‘1999’’ and inserting ‘‘2006’’; 

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

2 succeeding’’. 

3 SEC. 925. STUDY OF STUDENT LEARNING OUTCOMES AND 

4 PUBLIC ACCOUNTABILITY. 

5 (a) STUDY REQUIRED.—The Secretary shall provide 

6 for the conduct a study of the best practices of States in 

7 assessing undergraduate postsecondary student learning, 

8 particularly as such practices relate to public account9 ability systems. 

10 (b) CHARACTERISTICS OF THE ASSOCIATION.—Such 

11 study shall be conducted by an association or organization 

12 with specific expertise and knowledge in state practices 

13 and access to necessary state officials (in this section re14 ferred to as the ‘‘association’’). The association respon15 sible for the study under this section shall be a national, 

16 non-partisan or bi-partisan entity representing States or 

17 State officials with expertise in evaluative and qualitative 

18 policy research for best practice models, the capacity to 

19 convene experts, and to formulate policy recommenda20 tions. 

21 (c) REQUIRED SUBJECTS OF STUDY.—In performing 

22 the study, the association shall, at a minimum, examine 

23 the following: 
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1 (1) The current status of institutional and state 

2 efforts to embed student learning assessments into 

3 the state-level public accountability frameworks. 

4 (2) The extent to which there is commonality 

5 among educators and accrediting agencies on learn6 ing standards for the associates and bachelors de7 grees. 

8 (3) The reliability, rigor, and generalizability of 

9 available instruments to assess general education at 

10 the undergraduate level. 

11 (4) Roles and responsibilities for public ac12 countability for student learning. 

13 (d) CONSULTATION.—

14 (1) NATIONAL COMMITTEE.—The association 

15 shall establish and consult with a national com16 mittee. The committee shall meet not less than twice 

17 a year to review the research, identify best practice 

18 models, and review recommendations. 

19 (2) MEMBERSHIP.—The national advisory com20 mittee shall consist of a representative of the Sec21 retary of Education and individuals with expertise 

22 in—

23 (A) State accountability systems; 

24 (B) student learning assessments; 

25 (C) student flow data; 
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1 (D) transitions between K–12 and higher 

2 education; and 

3 (E) Federal higher education policy. 

4 (3) ADDITIONAL EXPERTISE.—The association 

5 may augment this committee with other expertise, as 

6 appropriate. 

7 (e) CONGRESSIONAL CONSULTATION.—The associa8 tion shall consult on a regular basis with the Committee 

9 on Education and the Workforce of the House of Rep10 resentatives and the Committee on Health Education 

11 Labor and Pensions of the Senate in carrying out the 

12 study required by this section. 

13 (f) REPORT.—The association shall, not later than 

14 two years after the date of enactment of this Act, prepare 

15 and submit a report on the study required by this section 

16 to the Committee on Education and the Workforce of the 

17 House of Representatives and the Committee on Health, 

18 Education, Labor, and Pensions of the Senate.

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