110TH CONGRESS 

1ST SESSION S. 1642

AN ACT

To extend the authorization of programs under the Higher 

Education Act of 1965, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Higher Education Amendments of 2007’’. 

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

5 this Act is as follows:

Sec. 1. Short title; table of contents. 

Sec. 2. References. 

Sec. 3. General effective date. 

TITLE I—GENERAL PROVISIONS 

Sec. 101. Additional definitions. 

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

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

programs. 

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

Sec. 105. Accreditation and Institutional Quality and Integrity Advisory Committee. 

Sec. 106. Drug and alcohol abuse prevention. 

Sec. 107. Prior rights and obligations. 

Sec. 108. Transparency in college tuition for consumers. 

Sec. 109. Databases of student information prohibited. 

Sec. 110. Clear and easy-to-find information on student financial aid. 

Sec. 110A. State higher education information system pilot program. 

Sec. 111. Performance-based organization for the delivery of Federal student financial assistance. 

Sec. 112. Procurement flexibility. 

Sec. 113. Institution and lender reporting and disclosure requirements. 

Sec. 114. Employment of postsecondary education graduates. 

Sec. 115. Foreign medical schools. 

Sec. 116. Demonstration and certification regarding the use of certain Federal 

funds. 

TITLE II—TEACHER QUALITY ENHANCEMENT 

Sec. 201. Teacher quality partnership grants. 

Sec. 202. General provisions. 

TITLE III—INSTITUTIONAL AID 

Sec. 301. Program purpose. 

Sec. 302. Definitions; eligibility. 

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

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

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

Sec. 306. Part B definitions. 

Sec. 307. Grants to institutions. 

Sec. 308. Allotments to institutions. 

Sec. 309. Professional or graduate institutions. 

Sec. 310. Authority of the Secretary. 
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Sec. 311. Authorization of appropriations. 

Sec. 312. Technical corrections. 

TITLE IV—STUDENT ASSISTANCE 

PART A—GRANTS TO STUDENTS IN ATTENDANCE AT INSTITUTIONS OF

HIGHER EDUCATION

Sec. 401. Federal Pell Grants. 

Sec. 402. Academic competitiveness grants. 

Sec. 403. Federal Trio Programs. 

Sec. 404. Gaining early awareness and readiness for undergraduate programs. 

Sec. 405. Academic achievement incentive scholarships. 

Sec. 406. Federal supplemental educational opportunity grants. 

Sec. 407. Leveraging Educational Assistance Partnership program. 

Sec. 408. Special programs for students whose families are engaged in migrant 

and seasonal farmwork. 

Sec. 409. Robert C. Byrd Honors Scholarship Program. 

Sec. 410. Child care access means parents in school. 

Sec. 411. Learning anytime anywhere partnerships. 

PART B—FEDERAL FAMILY EDUCATION LOAN PROGRAM

Sec. 421. Federal payments to reduce student interest costs. 

Sec. 422. Federal Consolidation Loans. 

Sec. 423. Default reduction program. 

Sec. 424. Reports to consumer reporting agencies and institutions of higher 

education. 

Sec. 425. Common forms and formats. 

Sec. 426. Student loan information by eligible lenders. 

Sec. 427. Consumer education information. 

Sec. 428. Definition of eligible lender. 

Sec. 429. Discharge and cancellation rights in cases of disability. 

PART C—FEDERAL WORK-STUDY PROGRAMS

Sec. 441. Authorization of appropriations. 

Sec. 442. Allowance for books and supplies. 

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

Sec. 444. Job location and development programs. 

Sec. 445. Work colleges. 

PART D—FEDERAL PERKINS LOANS

Sec. 451. Program authority. 

Sec. 451A. Allowance for books and supplies. 

Sec. 451B. Perkins loan forbearance. 

Sec. 452. Cancellation of loans for certain public service. 

PART E—NEED ANALYSIS

Sec. 461. Cost of attendance. 

Sec. 462. Definitions. 

PART F—GENERAL PROVISIONS RELATING TO STUDENT ASSISTANCE

Sec. 471. Definitions. 

Sec. 472. Compliance calendar. 
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Sec. 473. Forms and regulations. 

Sec. 474. Student eligibility. 

Sec. 475. Statute of limitations and State court judgments. 

Sec. 476. Institutional refunds. 

Sec. 477. Institutional and financial assistance information for students. 

Sec. 478. Entrance counseling required. 

Sec. 479. National Student Loan Data System. 

Sec. 480. Early awareness of financial aid eligibility. 

Sec. 481. Program participation agreements. 

Sec. 482. Regulatory relief and improvement. 

Sec. 483. Transfer of allotments. 

Sec. 484. Purpose of administrative payments. 

Sec. 485. Advisory Committee on student financial assistance. 

Sec. 486. Regional meetings. 

Sec. 487. Year 2000 requirements at the Department. 

PART G—PROGRAM INTEGRITY

Sec. 491. Recognition of accrediting agency or association. 

Sec. 492. Administrative capacity standard. 

Sec. 493. Program review and data. 

Sec. 494. Timely information about loans. 

Sec. 495. Auction evaluation and report. 

TITLE V—DEVELOPING INSTITUTIONS 

Sec. 501. Authorized activities. 

Sec. 502. Postbaccalaureate opportunities for Hispanic Americans. 

Sec. 503. Applications. 

Sec. 504. Cooperative arrangements. 

Sec. 505. Authorization of appropriations. 

TITLE VI—INTERNATIONAL EDUCATION PROGRAMS 

Sec. 601. Findings. 

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

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

Sec. 604. Research; studies. 

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

Sec. 606. Selection of certain grant recipients. 

Sec. 607. American overseas research centers. 

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

Sec. 609. Centers for international business education. 

Sec. 610. Education and training programs. 

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

Sec. 612. Minority foreign service professional development program. 

Sec. 613. Institutional development. 

Sec. 614. Study abroad program. 

Sec. 615. Advanced degree in international relations. 

Sec. 616. Internships. 

Sec. 617. Financial assistance. 

Sec. 618. Report. 
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Sec. 619. Gifts and donations. 

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

Public Policy. 

Sec. 621. Definitions. 

Sec. 622. Assessment and enforcement. 

TITLE VII—GRADUATE AND POSTSECONDARY IMPROVEMENT 

PROGRAMS 

Sec. 701. Purpose. 

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

Sec. 703. Stipends. 

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

Program. 

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

Sec. 706. Awards to graduate students. 

Sec. 707. Additional assistance for cost of education. 

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

of National Need Program. 

Sec. 709. Legal educational opportunity program. 

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

Sec. 711. Special projects. 

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

postsecondary education. 

Sec. 713. Repeal of the urban community service program. 

Sec. 714. Grants for students with disabilities. 

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

Sec. 716. Authorization of appropriations for demonstration projects to ensure 

students with disabilities receive a quality higher education. 

Sec. 717. Research grants. 

TITLE VIII—MISCELLANEOUS 

Sec. 801. Miscellaneous. 

Sec. 802. Additional programs. 

Sec. 803. Student loan clearinghouse. 

Sec. 804. Minority serving institutions for advanced technology and education. 

TITLE IX—AMENDMENTS TO OTHER LAWS 

PART A—EDUCATION OF THE DEAF ACT OF 1986

Sec. 901. Laurent Clerc National Deaf Education Center. 

Sec. 902. Agreement with Gallaudet University. 

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

Sec. 904. Cultural experiences grants. 

Sec. 905. Audit. 

Sec. 906. Reports. 

Sec. 907. Monitoring, evaluation, and reporting. 

Sec. 908. Liaison for educational programs. 

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

Sec. 910. Oversight and effect of agreements. 

Sec. 911. International students. 

Sec. 912. Research priorities. 
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Sec. 913. Authorization of appropriations. 

PART B—UNITED STATES INSTITUTE OF PEACE ACT 

Sec. 921. United States Institute of Peace Act. 

PART C—THE HIGHER EDUCATION AMENDMENTS OF 1998

Sec. 931. Repeals. 

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

incarcerated youth offenders. 

Sec. 933. Underground railroad educational and cultural program. 

Sec. 934. Olympic scholarships under the Higher Education Amendments of 

1992. 

PART D—INDIAN EDUCATION 

SUBPART 1—TRIBAL COLLEGES AND UNIVERSITIES

Sec. 941. Reauthorization of the Tribally Controlled College or University Assistance Act of 1978. 

SUBPART 2—NAVAJO HIGHER EDUCATION

Sec. 945. Short title. 

Sec. 946. Reauthorization of Navajo Community College Act. 

PART E—OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968

Sec. 951. Short title. 

Sec. 952. Loan repayment for prosecutors and defenders.

1 SEC. 2. REFERENCES. 

2 Except as otherwise expressly provided, whenever in 

3 this Act an amendment or repeal is expressed in terms 

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

6 section or other provision of the Higher Education Act of 

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

8 SEC. 3. GENERAL EFFECTIVE DATE. 

9 Except as otherwise provided in this Act or the 

10 amendments made by this Act, the amendments made by 

11 this Act shall take effect on the date of enactment of this 

12 Act. 
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1 TITLE I—GENERAL PROVISIONS 

2 SEC. 101. ADDITIONAL DEFINITIONS. 

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

4 amended—

5 (1) by redesignating paragraphs (9) through 

6 (16) as paragraphs (13) through (20); respectively; 

7 (2) by redesignating paragraphs (4) through 

8 (8) as paragraphs (7) through (11), respectively; 

9 (3) by redesignating paragraphs (1), (2), and 

10 (3) as paragraphs (2), (4), and (5), respectively; 

11 (4) by inserting before paragraph (2) (as redes12 ignated by paragraph (2)) the following: 

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

14 ‘authorizing committees’ means the Committee on 

15 Health, Education, Labor, and Pensions of the Sen16 ate and the Committee on Education and Labor of 

17 the House of Representatives.’’; 

18 (5) by inserting after paragraph (2) (as redesig19 nated by paragraph (3)) the following: 

20 ‘‘(3) CRITICAL FOREIGN LANGUAGE.—The term 

21 ‘critical foreign language’ means each of the lan22 guages contained in the list of critical languages des23 ignated by the Secretary in the Federal Register on 

24 August 2, 1985 (50 Fed. Reg. 149, 31412; promul25 gated under the authority of section 212(d) of the 
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1 Education for Economic Security Act (repealed by 

2 section 2303 of the Augustus F. Hawkins-Robert T. 

3 Stafford Elementary and Secondary School Improve4 ment Amendments of 1988)), except that in the im5 plementation of this definition with respect to a spe6 cific title, the Secretary may set priorities according 

7 to the purposes of such title and the national secu8 rity, economic competitiveness, and educational 

9 needs of the United States.’’; 

10 (6) by inserting after paragraph (5) (as redesig11 nated by paragraph (3)) the following: 

12 ‘‘(6) DISTANCE EDUCATION.—

13 ‘‘(A) IN GENERAL.—Except as otherwise 

14 provided, the term ‘distance education’ means 

15 education that uses 1 or more of the tech16 nologies described in subparagraph (B)—

17 ‘‘(i) to deliver instruction to students 

18 who are separated from the instructor; and 

19 ‘‘(ii) to support regular and sub20 stantive interaction between the students 

21 and the instructor, synchronously or asyn22 chronously. 

23 ‘‘(B) INCLUSIONS.—For the purposes of 

24 subparagraph (A), the technologies used may 

25 include—
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1 ‘‘(i) the Internet; 

2 ‘‘(ii) one-way and two-way trans3 missions through open broadcast, closed 

4 circuit, cable, microwave, broadband lines, 

5 fiber optics, satellite, or wireless commu6 nications devices; 

7 ‘‘(iii) audio conferencing; or 

8 ‘‘(iv) video cassette, DVDs, and CD–

9 ROMs, if the cassette, DVDs, and CD–

10 ROMs are used in a course in conjunction 

11 with the technologies listed in clauses (i) 

12 through (iii).’’; and 

13 (7) by inserting after paragraph (11) (as redes14 ignated by paragraph (2)) the following: 

15 ‘‘(12) POVERTY LINE.—The term ‘poverty line’ 

16 means the poverty line (as defined in section 673(2) 

17 of the Community Services Block Grant Act (42 

18 U.S.C. 9902(2))) applicable to a family of the size 

19 involved.’’. 

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

21 U.S.C. 1001 et seq.) is amended—

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

23 1015(a)(3)(B)), by striking ‘‘Committee on Labor 

24 and Human Resources of the Senate and the Com25 mittee on Education and the Workforce of the 
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1 House of Representatives’’ and inserting ‘‘author2 izing committees’’; 

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

4 1018(d)(4)(B)), by striking ‘‘Committee on Edu5 cation and the Workforce of the House of Rep6 resentatives and the Committee on Labor and 

7 Human Resources of the Senate’’ and inserting ‘‘au8 thorizing committees’’; 

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

10 1070a(f)(3)), by striking ‘‘to the Committee on Ap11 propriations’’ and all that follows through ‘‘House of 

12 Representatives’’ and inserting ‘‘to the Committee 

13 on Appropriations of the Senate, the Committee on 

14 Appropriations of the House of Representatives, and 

15 the authorizing committees’’; 

16 (4) in section 428 (20 U.S.C. 1078)—

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

18 ‘‘House Committee on Education and the 

19 Workforce and the Senate Committee on Labor 

20 and Human Resources’’ and inserting ‘‘author21 izing committees’’; 

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

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

24 Labor and Human Resources of the Senate and 

25 the Committee on Education and the Workforce 
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1 of the House of Representatives’’ and inserting 

2 ‘‘authorizing committees’’; and 

3 (C) in subsection (n)(4), by striking ‘‘Com4 mittee on Education and the Workforce of the 

5 House of Representatives and the Committee 

6 on Labor and Human Resources of the Senate’’ 

7 and inserting ‘‘authorizing committees’’; 

8 (5) in section 428A(c) (20 U.S.C. 1078–1(c))—

9 (A) in the matter preceding subparagraph 

10 (A) of paragraph (2), by striking ‘‘Chair11 person’’ and all that follows through ‘‘House of 

12 Representatives’’ and inserting ‘‘members of the 

13 authorizing committees’’; 

14 (B) in paragraph (3), by striking ‘‘Chair15 person’’ and all that follows through ‘‘House of 

16 Representatives’’ and inserting ‘‘members of the 

17 authorizing committees’’; and 

18 (C) in paragraph (5), by striking ‘‘Chair19 person’’ and all that follows through ‘‘House of 

20 Representatives’’ and inserting ‘‘members of the 

21 authorizing committees’’; 

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

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

24 ‘‘the Committee on Education and the Work25 force of the House of Representatives or the 
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1 Committee on Labor and Human Resources of 

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

4 (B) in the matter following subparagraph 

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

7 House of Representatives and the Committee 

8 on Labor and Human Resources of the Senate’’ 

9 and inserting ‘‘authorizing committees’’; 

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

11 by striking ‘‘Committee on Education and the Work12 force of the House of Representatives and the Com13 mittee on Labor and Human Resources of the Sen14 ate’’ and inserting ‘‘authorizing committees’’; 

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

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

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

18 through ‘‘House of Representatives’’ and insert19 ing ‘‘advise the members of the authorizing 

20 committees’’; 

21 (B) in subsection (r)—

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

24 through ‘‘House of Representatives,’’ and 
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1 inserting ‘‘inform the members of the au2 thorizing committees’’; 

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

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

6 inserting ‘‘plan, to the members of the au7 thorizing committees’’; 

8 (iii) in paragraph (6)(B)—

9 (I) by striking ‘‘plan, to the 

10 Chairman’’ and all that follows 

11 through ‘‘House of Representatives’’ 

12 and inserting ‘‘plan, to the members 

13 of the authorizing committees’’; and 

14 (II) by striking ‘‘Chairmen and 

15 ranking minority members of such 

16 Committees’’ and inserting ‘‘members 

17 of the authorizing committees’’; 

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

19 ‘‘implemented to the Chairman’’ and all 

20 that follows through ‘‘House of Represent21 atives, and’’ and inserting ‘‘implemented to 

22 the members of the authorizing commit23 tees, and to’’; and 

24 (v) in the matter preceding subpara25 graph (A) of paragraph (10), by striking 
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1 ‘‘days to the Chairman’’ and all that fol2 lows through ‘‘Education and Labor’’ and 

3 inserting ‘‘days to the members of the au4 thorizing committees’’; and 

5 (C) in subsection (s)(2)—

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

7 of subparagraph (A), by striking ‘‘Treas8 ury and to the Chairman’’ and all that fol9 lows through ‘‘House of Representatives’’ 

10 and inserting ‘‘Treasury and to the mem11 bers of the authorizing committees’’; and 

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

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

14 that follows through ‘‘House of Represent15 atives’’ and inserting ‘‘Treasury and to the 

16 members of the authorizing committees’’; 

17 (9) in section 455(b)(8)(B) (20 U.S.C. 

18 1087e(b)(8)(B)), by striking ‘‘Committee on Labor 

19 and Human Resources of the Senate and the Com20 mittee on Education and the Workforce of the 

21 House of Representatives’’ and inserting ‘‘author22 izing committees’’; 

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

24 striking ‘‘Committee on Labor and Human Re25 sources of the Senate and the Committee on Edu-
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1 cation and Labor of the House of Representatives’’ 

2 and inserting ‘‘authorizing committees’’; 

3 (11) in section 483(c) (20 U.S.C. 1090(c)), by 

4 striking ‘‘Committee on Labor and Human Re5 sources of the Senate and the Committee on Edu6 cation and the Workforce of the House of Rep7 resentatives’’ and inserting ‘‘authorizing commit8 tees’’; 

9 (12) in section 485 (20 U.S.C. 1092)—

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

11 ‘‘Committee on Education and the Workforce of 

12 the House of Representatives and the Com13 mittee on Labor and Human Resources of the 

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

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

17 ‘‘Committee on Education and the Workforce of 

18 the House of Representatives and the Com19 mittee on Labor and Human Resources of the 

20 Senate’’ and inserting ‘‘authorizing commit21 tees’’; 

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

23 (A) in subsection (e), by striking ‘‘Com24 mittee on Labor and Human Resources of the 

25 Senate and the Committee on Education and 
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1 the Workforce of the House of Representatives’’ 

2 and inserting ‘‘authorizing committees’’; and 

3 (B) in subsection (f)(3)—

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

5 of subparagraph (A), by striking ‘‘Com6 mittee on Labor and Human Resources of 

7 the Senate and the Committee on Edu8 cation and the Workforce of the House of 

9 Representatives’’ and inserting ‘‘author10 izing committees’’; and 

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

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

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

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

18 (14) in section 487A(a)(5) (20 U.S.C. 

19 1094a(a)(5)), by striking ‘‘Committee on Labor and 

20 Human Resources of the Senate and the Committee 

21 on Education and the Workforce of the House of 

22 Representatives’’ and inserting ‘‘authorizing commit23 tees’’; and 

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

25 2(d))—
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1 (A) in paragraph (1), by striking ‘‘Com2 mittee on Labor and Human Resources of the 

3 Senate and the Committee on Education and 

4 the Workforce of the House of Representatives’’ 

5 and inserting ‘‘authorizing committees’’; and 

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

8 Senate and the Committee on Education and 

9 the Workforce of the House of Representatives’’ 

10 and inserting ‘‘authorizing committees’’. 

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

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

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

15 awards a degree that is acceptable for admission to 

16 a graduate or professional degree program, subject 

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

18 ‘‘such a degree’’; and 

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

20 the following: 

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

22 institution in any State that, in lieu of the require23 ment in subsection (a)(1), admits as regular stu24 dents persons—
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1 ‘‘(A) who are beyond the age of compul2 sory school attendance in the State in which the 

3 institution is located; or 

4 ‘‘(B) who will be dually or concurrently en5 rolled in the institution and a secondary 

6 school.’’. 

7 SEC. 103. DEFINITION OF INSTITUTION OF HIGHER EDU8 CATION FOR PURPOSES OF TITLE IV PRO9 GRAMS. 

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

11 (1) by striking subclause (II) of subsection 

12 (a)(2)(A)(i) and inserting the following: 

13 ‘‘(II) the institution has or had a 

14 clinical training program that was ap15 proved by a State as of January 1, 

16 1992, and has continuously operated 

17 a clinical training program in not less 

18 than 1 State that is approved by such 

19 State;’’; 

20 (2) in subsection (b)—

21 (A) in paragraph (1)—

22 (i) in subparagraph (D), by inserting 

23 ‘‘and’’ after the semicolon; 

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

25 ‘‘; and’’ and inserting a period; and 
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1 (iii) by striking subparagraph (F); 

2 and 

3 (B) by striking paragraph (2) and insert4 ing the following: 

5 ‘‘(2) ADDITIONAL INSTITUTIONS.—The term 

6 ‘proprietary institution of higher education’ also in7 cludes a proprietary educational institution in any 

8 State that, in lieu of the requirement in section 

9 101(a)(1), admits as regular students persons—

10 ‘‘(A) who are beyond the age of compul11 sory school attendance in the State in which the 

12 institution is located; or 

13 ‘‘(B) who will be dually or concurrently en14 rolled in the institution and a secondary 

15 school.’’; and 

16 (3) by striking subsection (c)(2) and inserting 

17 the following: 

18 ‘‘(2) ADDITIONAL INSTITUTIONS.—The term 

19 ‘postsecondary vocational institution’ also includes 

20 an educational institution in any State that, in lieu 

21 of the requirement in section 101(a)(1), admits as 

22 regular students persons—

23 ‘‘(A) who are beyond the age of compul24 sory school attendance in the State in which the 

25 institution is located; or 
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1 ‘‘(B) who will be dually or concurrently en2 rolled in the institution and a secondary 

3 school.’’. 

4 SEC. 104. PROTECTION OF STUDENT SPEECH AND ASSOCIA5 TION RIGHTS. 

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

7 (1) in subsection (a)—

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

9 sense’’; and 

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

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

12 ‘‘(A) the diversity of institutions and edu13 cational missions is one of the key strengths of 

14 American higher education; 

15 ‘‘(B) individual colleges and universities have 

16 different missions and each institution should design 

17 its academic program in accordance with its edu18 cational goals; 

19 ‘‘(C) a college should facilitate the free and 

20 open exchange of ideas; 

21 ‘‘(D) students should not be intimidated, har22 assed, discouraged from speaking out, or discrimi23 nated against; 

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

25 fairly; and 
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1 ‘‘(F) nothing in this paragraph shall be con2 strued to modify, change, or infringe upon any con3 stitutionally protected religious liberty, freedom, ex4 pression, or association.’’; and 

5 (2) in subsection (b)(1), by inserting ‘‘, pro6 vided that the imposition of such sanction is done 

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

8 SEC. 105. ACCREDITATION AND INSTITUTIONAL QUALITY 

9 AND INTEGRITY ADVISORY COMMITTEE. 

10 (a) IN GENERAL.—Section 114 (20 U.S.C. 1011c) is 

11 amended to read as follows: 

12 ‘‘SEC. 114. ACCREDITATION AND INSTITUTIONAL QUALITY 

13 AND INTEGRITY COMMITTEE. 

14 ‘‘(a) ESTABLISHMENT.—There is established in the 

15 Department an Accreditation and Institutional Quality 

16 and Integrity Advisory Committee (in this section referred 

17 to as the ‘Committee’) to assess the process of accredita18 tion and the institutional eligibility and certification of 

19 such institutions under title IV. 

20 ‘‘(b) MEMBERSHIP.—

21 ‘‘(1) IN GENERAL.—The Committee shall have 

22 15 members, of which—

23 ‘‘(A) 5 members shall be appointed by the 

24 Secretary; 
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1 ‘‘(B) 5 members shall be appointed by the 

2 Speaker of the House of Representatives upon 

3 the recommendation of the majority leader and 

4 minority leader of the House of Representa5 tives; and 

6 ‘‘(C) 5 members shall be appointed by the 

7 President pro tempore of the Senate upon the 

8 recommendation of the majority leader and mi9 nority leader of the Senate. 

10 ‘‘(2) QUALIFICATIONS.—Individuals shall be ap11 pointed as members of the Committee on—

12 ‘‘(A) the basis of the individuals’ experi13 ence, integrity, impartiality, and good judg14 ment; 

15 ‘‘(B) from among individuals who are rep16 resentatives of, or knowledgeable concerning, 

17 education and training beyond secondary edu18 cation, representatives of all sectors and types 

19 of institutions of higher education (as defined 

20 in section 102); and 

21 ‘‘(C) on the basis of the individuals’ tech22 nical qualifications, professional standing, and 

23 demonstrated knowledge in the fields of accredi24 tation and administration in higher education. 
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1 ‘‘(3) TERMS OF MEMBERS.—The term of office 

2 of each member of the Committee shall be for 6 

3 years, except that any member appointed to fill a va4 cancy occurring prior to the expiration of the term 

5 for which the member’s predecessor was appointed 

6 shall be appointed for the remainder of such term. 

7 ‘‘(4) VACANCY.—A vacancy on the Committee 

8 shall be filled in the same manner as the original ap9 pointment was made not later than 90 days after 

10 the vacancy occurred. If a vacancy occurs in a posi11 tion to be filled by the Secretary, the Secretary shall 

12 publish a Federal Register notice soliciting nomina13 tions for the position not later than 30 days after 

14 being notified of the vacancy. 

15 ‘‘(5) INITIAL TERMS.—The terms of office for 

16 the initial members of the Committee shall be—

17 ‘‘(A) 2 years for members appointed under 

18 paragraph (1)(A); 

19 ‘‘(B) 4 years for members appointed under 

20 paragraph (1)(B); and 

21 ‘‘(C) 6 years for members appointed under 

22 paragraph (1)(C). 

23 ‘‘(6) CHAIRPERSON.—The members of the 

24 Committee shall select a chairperson from among 

25 the members. 
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1 ‘‘(c) FUNCTIONS.—The Committee shall—

2 ‘‘(1) advise the Secretary with respect to estab3 lishment and enforcement of the standards of ac4 crediting agencies or associations under subpart 2 of 

5 part H of title IV; 

6 ‘‘(2) advise the Secretary with respect to the 

7 recognition of a specific accrediting agency or asso8 ciation; 

9 ‘‘(3) advise the Secretary with respect to the 

10 preparation and publication of the list of nationally 

11 recognized accrediting agencies and associations; 

12 ‘‘(4) advise the Secretary with respect to the 

13 eligibility and certification process for institutions of 

14 higher education under title IV, together with rec15 ommendations for improvements in such process; 

16 ‘‘(5) advise the Secretary with respect to the re17 lationship between—

18 ‘‘(A) accreditation of institutions of higher 

19 education and the certification and eligibility of 

20 such institutions; and 

21 ‘‘(B) State licensing responsibilities with 

22 respect to such institutions; and 

23 ‘‘(6) carry out such other advisory functions re24 lating to accreditation and institutional eligibility as 

25 the Secretary may prescribe in regulation. 
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1 ‘‘(d) MEETING PROCEDURES.—

2 ‘‘(1) SCHEDULE.—

3 ‘‘(A) BIANNUAL MEETINGS.—The Com4 mittee shall meet not less often than twice each 

5 year, at the call of the Chairperson. 

6 ‘‘(B) PUBLICATION OF DATE.—The Com7 mittee shall submit the date and location of 

8 each meeting in advance to the Secretary, and 

9 the Secretary shall publish such information in 

10 the Federal Register not later than 30 days be11 fore the meeting. 

12 ‘‘(2) AGENDA.—

13 ‘‘(A) ESTABLISHMENT.—The agenda for a 

14 meeting of the Committee shall be established 

15 by the Chairperson and shall be submitted to 

16 the members of the Committee upon notifica17 tion of the meeting. 

18 ‘‘(B) OPPORTUNITY FOR PUBLIC COM19 MENT.—The agenda shall include, at a min20 imum, opportunity for public comment during 

21 the Committee’s deliberations. 

22 ‘‘(3) SECRETARY’S DESIGNEE.—

23 ‘‘(A) ATTENDANCE AT MEETING.—The 

24 Chairperson shall invite the Secretary’s des25 ignee to attend all meetings of the Committee. 
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1 ‘‘(B) ROLE OF DESIGNEE.—The Sec2 retary’s designee may be present at a Com3 mittee meeting to facilitate the exchange and 

4 free flow of information between the Secretary 

5 and the Committee. The designee shall have no 

6 authority over the agenda of the meeting, the 

7 items on that agenda, or on the resolution of 

8 any agenda item. 

9 ‘‘(4) FEDERAL ADVISORY COMMITTEE ACT.—

10 The provisions of the Federal Advisory Committee 

11 Act (5 U.S.C. App.) shall apply to the Committee, 

12 except that section 14 of such Act shall not apply. 

13 ‘‘(e) REPORT AND NOTICE.—

14 ‘‘(1) NOTICE.—The Secretary shall annually 

15 publish in the Federal Register—

16 ‘‘(A) a list containing, for each member of 

17 the Committee—

18 ‘‘(i) the member’s name; 

19 ‘‘(ii) the date of the expiration of the 

20 member’s term of office; and 

21 ‘‘(iii) the individual described in sub22 section (b)(1) who appointed the member; 

23 and 
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1 ‘‘(B) a solicitation of nominations for each 

2 expiring term of office on the Committee of a 

3 member appointed by the Secretary. 

4 ‘‘(2) REPORT.—Not later than September 30 of 

5 each year, the Committee shall make an annual re6 port to the Secretary, the authorizing committees, 

7 and the public. The annual report shall contain—

8 ‘‘(A) a detailed summary of the agenda 

9 and activities of, and the findings and rec10 ommendations made by, the Committee during 

11 the preceding fiscal year; 

12 ‘‘(B) a list of the date and location of each 

13 meeting during the preceding fiscal year; 

14 ‘‘(C) a list of the members of the Com15 mittee and appropriate contact information; 

16 and 

17 ‘‘(D) a list of the functions of the Com18 mittee, including any additional functions estab19 lished by the Secretary through regulation. 

20 ‘‘(f) TERMINATION.—The Committee shall terminate 

21 on September 30, 2012.’’. 

22 (b) TERMINATION OF NACIQI.—The National Advi23 sory Committee on Institutional Quality and Integrity, es24 tablished under section 114 of the Higher Education Act 

25 of 1965 (as such section was in effect the day before the 
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1 date of enactment of this Act) shall terminate 30 days 

2 after such date. 

3 SEC. 106. DRUG AND ALCOHOL ABUSE PREVENTION. 

4 Section 120(a)(2) (20 U.S.C. 1011i(a)(2)) is amend5 ed—

6 (1) in subparagraph (A), by striking ‘‘and’’ 

7 after the semicolon; 

8 (2) by redesignating subparagraph (B) as sub9 paragraph (D); and 

10 (3) by inserting after subparagraph (A) (as 

11 amended by paragraph (1)) the following: 

12 ‘‘(B) determine the number of drug and al13 cohol-related incidents and fatalities that—

14 ‘‘(i) occur on the institution’s property 

15 or as part of any of the institution’s activi16 ties; and 

17 ‘‘(ii) are reported to the institution; 

18 ‘‘(C) determine the number and type of 

19 sanctions described in paragraph (1)(E) that 

20 are imposed by the institution as a result of 

21 drug and alcohol-related incidents and fatalities 

22 on the institution’s property or as part of any 

23 of the institution’s activities; and’’. 

24 SEC. 107. PRIOR RIGHTS AND OBLIGATIONS. 

25 Section 121(a) (20 U.S.C. 1011j(a)) is amended—
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1 (1) in paragraph (1), by striking ‘‘1999 and for 

2 each of the 4 succeeding fiscal years’’ and inserting 

3 ‘‘2008 and for each succeeding fiscal year’’; and 

4 (2) in paragraph (2), by striking ‘‘1999 and for 

5 each of the 4 succeeding fiscal years’’ and inserting 

6 ‘‘2008 and for each succeeding fiscal year’’. 

7 SEC. 108. TRANSPARENCY IN COLLEGE TUITION FOR CON8 SUMERS. 

9 Part C of title I (20 U.S.C. 1015) is amended by 

10 adding at the end the following: 

11 ‘‘SEC. 132. TRANSPARENCY IN COLLEGE TUITION FOR CON12 SUMERS. 

13 ‘‘(a) NET PRICE.—In this section, the term ‘net 

14 price’ means the average yearly tuition and fees paid by 

15 a full-time undergraduate student at an institution of 

16 higher education, after discounts and grants from the in17 stitution, Federal Government, or a State have been ap18 plied to the full price of tuition and fees at the institution. 

19 ‘‘(b) HIGHER EDUCATION PRICE INDEX.—

20 ‘‘(1) IN GENERAL.—Not later than 1 year after 

21 the date of enactment of the Higher Education 

22 Amendments of 2007, the Commission of the Bu23 reau of Labor Statistics, in consultation with the 

24 Commissioner of Education Statistics and represent25 atives of institutions of higher education, shall de-
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1 velop higher education price indices that accurately 

2 reflect the annual change in tuition and fees for un3 dergraduate students in the categories of institutions 

4 listed in paragraph (2). Such indices shall be up5 dated annually. 

6 ‘‘(2) DEVELOPMENT.—The higher education 

7 price index under paragraph (1) shall be developed 

8 for each of the following categories: 

9 ‘‘(A) 4-year public degree-granting institu10 tions of higher education. 

11 ‘‘(B) 4-year private degree-granting insti12 tutions of higher education. 

13 ‘‘(C) 2-year public degree-granting institu14 tions of higher education. 

15 ‘‘(D) 2-year private degree-granting insti16 tutions of higher education. 

17 ‘‘(E) Less than 2-year institutions of high18 er education. 

19 ‘‘(F) All types of institutions described in 

20 subparagraphs (A) through (E). 

21 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—

22 There are authorized to be appropriated to carry out 

23 this subsection such sums as may be necessary. 

24 ‘‘(c) REPORTING.—
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1 ‘‘(1) IN GENERAL.—The Secretary shall annu2 ally report, in a national list and in a list for each 

3 State, a ranking of institutions of higher education 

4 according to such institutions’ change in tuition and 

5 fees over the preceding 2 years. The purpose of such 

6 lists is to provide consumers with general informa7 tion on pricing trends among institutions of higher 

8 education nationally and in each State. 

9 ‘‘(2) COMPILATION.—

10 ‘‘(A) IN GENERAL.—The lists described in 

11 paragraph (1) shall be compiled according to 

12 the following categories: 

13 ‘‘(i) 4-year public institutions of high14 er education. 

15 ‘‘(ii) 4-year private, nonprofit institu16 tions of higher education. 

17 ‘‘(iii) 4-year private, for-profit institu18 tions of higher education. 

19 ‘‘(iv) 2-year public institutions of 

20 higher education. 

21 ‘‘(v) 2-year private, nonprofit institu22 tions of higher education. 

23 ‘‘(vi) 2-year private, for-profit institu24 tions of higher education. 
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1 ‘‘(vii) Less than 2-year public institu2 tions of higher education. 

3 ‘‘(viii) Less than 2-year private, non4 profit institutions of higher education. 

5 ‘‘(ix) Less than 2-year private, for6 profit institutions of higher education. 

7 ‘‘(B) PERCENTAGE AND DOLLAR

8 CHANGE.—The lists described in paragraph (1) 

9 shall include 2 lists for each of the categories 

10 under subparagraph (A) as follows: 

11 ‘‘(i) 1 list in which data is compiled 

12 by percentage change in tuition and fees 

13 over the preceding 2 years. 

14 ‘‘(ii) 1 list in which data is compiled 

15 by dollar change in tuition and fees over 

16 the preceding 2 years. 

17 ‘‘(3) HIGHER EDUCATION PRICE INCREASE

18 WATCH LISTS.—Upon completion of the development 

19 of the higher education price indices described in 

20 paragraph (1), the Secretary shall annually report, 

21 in a national list, and in a list for each State, a 

22 ranking of each institution of higher education 

23 whose tuition and fees outpace such institution’s ap24 plicable higher education price index described in 

25 subsection (b). Such lists shall—
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1 ‘‘(A) be known as the ‘Higher Education 

2 Price Increase Watch Lists’; 

3 ‘‘(B) report the full price of tuition and 

4 fees at the institution and the net price; 

5 ‘‘(C) where applicable, report the average 

6 price of room and board for students living on 

7 campus at the institution, except that such 

8 price shall not be used in determining whether 

9 an institution’s cost outpaces such institution’s 

10 applicable higher education price index; and 

11 ‘‘(D) be compiled by the Secretary in a 

12 public document to be widely published and dis13 seminated in paper form and through the 

14 website of the Department. 

15 ‘‘(4) STATE HIGHER EDUCATION APPROPRIA16 TIONS CHART.—The Secretary shall annually report, 

17 in charts for each State—

18 ‘‘(A) a comparison of the percentage 

19 change in State appropriations per enrolled stu20 dent in a public institution of higher education 

21 in the State to the percentage change in tuition 

22 and fees for each public institution of higher 

23 education in the State for each of the previous 

24 5 years; and 
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1 ‘‘(B) the total amount of need-based and 

2 merit-based aid provided by the State to stu3 dents enrolled in a public institution of higher 

4 education in the State. 

5 ‘‘(5) SHARING OF INFORMATION.—The Sec6 retary shall share the information under paragraphs 

7 (1) through (4) with the public, including with pri8 vate sector college guidebook publishers. 

9 ‘‘(d) NET PRICE CALCULATOR.—

10 ‘‘(1) DEVELOPMENT.—Not later than 1 year 

11 after the date of enactment of the Higher Education 

12 Amendments of 2007, the Secretary shall, in con13 sultation with institutions of higher education, de14 velop and make several model net price calculators 

15 to help students, families, and consumers determine 

16 the net price of an institution of higher education, 

17 which institutions of higher education may, at their 

18 discretion, elect to use pursuant to paragraph (3). 

19 ‘‘(2) CATEGORIES.—The model net price cal20 culators described in paragraph (1) shall be devel21 oped for each of the following categories: 

22 ‘‘(A) 4-year public institutions of higher 

23 education. 

24 ‘‘(B) 4-year private, nonprofit institutions 

25 of higher education. 
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1 ‘‘(C) 4-year private, for-profit institutions 

2 of higher education. 

3 ‘‘(D) 2-year public institutions of higher 

4 education. 

5 ‘‘(E) 2-year private, nonprofit institutions 

6 of higher education. 

7 ‘‘(F) 2-year private, for-profit institutions 

8 of higher education. 

9 ‘‘(G) Less than 2-year public institutions 

10 of higher education. 

11 ‘‘(H) Less than 2-year private, nonprofit 

12 institutions of higher education. 

13 ‘‘(I) Less than 2-year private, for-profit in14 stitutions of higher education. 

15 ‘‘(3) USE OF NET PRICE CALCULATOR BY IN16 STITUTIONS.—Not later than 3 years after the date 

17 of enactment of the Higher Education Amendments 

18 of 2007, each institution of higher education that re19 ceives Federal funds under this Act shall adopt and 

20 use a net price calculator to help students, families, 

21 and other consumers determine the net price of such 

22 institution of higher education. Such calculator may 

23 be—

24 ‘‘(A) based on a model calculator developed 

25 by the Department; or 
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1 ‘‘(B) developed by the institution of higher 

2 education. 

3 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—

4 There are authorized to be appropriated to carry out 

5 this subsection such sums as may be necessary. 

6 ‘‘(e) NET PRICE REPORTING IN APPLICATION INFOR7 MATION.—An institution of higher education that receives 

8 Federal funds under this Act shall include, in the mate9 rials accompanying an application for admission to the in10 stitution, the most recent information regarding the net 

11 price of the institution, calculated for each quartile of stu12 dents based on the income of either the students’ parents 

13 or, in the case of independent students (as such term is 

14 described in section 480), of the students, for each of the 

15 2 academic years preceding the academic year for which 

16 the application is produced. 

17 ‘‘(f) ENHANCED COLLEGE INFORMATION

18 WEBSITE.—

19 ‘‘(1) IN GENERAL.—

20 ‘‘(A) IN GENERAL.—Not later than 90 

21 days after the date of enactment of the Higher 

22 Education Amendments of 2007, the Secretary 

23 shall contract with an independent organization 

24 with demonstrated experience in the develop25 ment of consumer-friendly websites to develop 
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1 improvements to the website known as the Col2 lege Opportunities On-Line (COOL) so that it 

3 better meets the needs of students, families, 

4 and consumers for accurate and appropriate in5 formation on institutions of higher education. 

6 ‘‘(B) IMPLEMENTATIONS.—Not later than 

7 1 year after the date of enactment of the High8 er Education Amendments of 2007, the Sec9 retary shall implement the improvements devel10 oped by the independent organization described 

11 under subparagraph (A) to the college informa12 tion website. 

13 ‘‘(2) UNIVERSITY AND COLLEGE ACCOUNT14 ABILITY NETWORK.—Not later than 1 year after the 

15 date of enactment of the Higher Education Amend16 ments of 2007, the Secretary shall develop a model 

17 document for annually reporting basic information 

18 about an institution of higher education that chooses 

19 to participate, to be posted on the college informa20 tion website and made available to institutions of 

21 higher education, students, families, and other con22 sumers. Such document shall be known as the ‘Uni23 versity and College Accountability Network’ (U24 CAN), and shall include, the following information 

25 about the institution of higher education for the 
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1 most recent academic year for which the institution 

2 has available data, presented in a consumer-friendly 

3 manner: 

4 ‘‘(A) A statement of the institution’s mis5 sion and specialties. 

6 ‘‘(B) The total number of undergraduate 

7 students who applied, were admitted, and en8 rolled at the institution. 

9 ‘‘(C) Where applicable, reading, writing, 

10 mathematics, and combined scores on the SAT 

11 or ACT for the middle 50 percent range of the 

12 institution’s freshman class. 

13 ‘‘(D) Enrollment of full-time, part-time, 

14 and transfer students at the institution, at the 

15 undergraduate and (where applicable) graduate 

16 levels. 

17 ‘‘(E) Percentage of male and female un18 dergraduate students enrolled at the institution. 

19 ‘‘(F) Percentage of enrolled undergraduate 

20 students from the State in which the institution 

21 is located, from other States, and from other 

22 countries. 

23 ‘‘(G) Percentage of enrolled undergraduate 

24 students at the institution by race and ethnic 

25 background. 
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1 ‘‘(H) Retention rates for full-time and 

2 part-time first-time first-year undergraduate 

3 students enrolled at the institution. 

4 ‘‘(I) Average time to degree or certificate 

5 completion for first-time, first-year under6 graduate students enrolled at the institution. 

7 ‘‘(J) Percentage of enrolled undergraduate 

8 students who graduate within 2 years (in the 

9 case of 2-year institutions), and 4, 5 and 6 

10 years (in the case of 2 and 4-year institutions). 

11 ‘‘(K) Number of students who obtained a 

12 certificate or an associate’s, bachelor’s, mas13 ter’s, or doctoral degree at the institution. 

14 ‘‘(L) The undergraduate major areas of 

15 study with the highest number of degrees 

16 awarded. 

17 ‘‘(M) The student-faculty ratio, and num18 ber of full-time, part-time, and adjunct faculty 

19 at the institution. 

20 ‘‘(N) Percentage of faculty at the institu21 tion with the highest degree in their field. 

22 ‘‘(O) The percentage change in total price 

23 in tuition and fees and the net price for an un24 dergraduate at the institution in each of the 

25 preceding 5 academic years. 
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1 ‘‘(P) The total average yearly cost of tui2 tion and fees, room and board, and books and 

3 other related costs for an undergraduate stu4 dent enrolled at the institution, for—

5 ‘‘(i) full-time undergraduate students 

6 living on campus; 

7 ‘‘(ii) full-time undergraduate students 

8 living off-campus; and 

9 ‘‘(iii) in the case of students attending 

10 a public institution of higher education, 

11 such costs for in-State and out-of-State 

12 students living on and off-campus. 

13 ‘‘(Q) The average yearly grant amount (in14 cluding Federal, State, and institutional aid) 

15 for a student enrolled at the institution. 

16 ‘‘(R) The average yearly amount of Fed17 eral student loans, and other loans provided 

18 through the institution, to undergraduate stu19 dents enrolled at the institution. 

20 ‘‘(S) The total yearly grant aid available to 

21 undergraduate students enrolled at the institu22 tion, from the Federal Government, a State, the 

23 institution, and other sources. 

24 ‘‘(T) The percentage of undergraduate stu25 dents enrolled at the institution receiving Fed-
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1 eral, State, and institutional grants, student 

2 loans, and any other type of student financial 

3 assistance provided publicly or through the in4 stitution, such as Federal work-study funds. 

5 ‘‘(U) The average net price for all under6 graduate students enrolled at the institution. 

7 ‘‘(V) The percentage of first-year under8 graduate students enrolled at the institution 

9 who live on campus and off campus. 

10 ‘‘(W) Information on the policies of the in11 stitution related to transfer of credit from other 

12 institutions. 

13 ‘‘(X) Information on campus safety re14 quired to be collected under section 485(f). 

15 ‘‘(Y) Links to the appropriate sections of 

16 the institution’s website that provide informa17 tion on student activities offered by the institu18 tion, such as intercollegiate sports, student or19 ganizations, study abroad opportunities, intra20 mural and club sports, specialized housing op21 tions, community service opportunities, cultural 

22 and arts opportunities on campus, religious and 

23 spiritual life on campus, and lectures and out24 side learning opportunities. 
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1 ‘‘(Z) Links to the appropriate sections of 

2 the institution’s website that provide informa3 tion on services offered by the institution to 

4 students during and after college, such as in5 ternship opportunities, career and placement 

6 services, and preparation for further education. 

7 ‘‘(3) CONSULTATION.—The Secretary shall en8 sure that current and prospective college students, 

9 family members of such students, and institutions of 

10 higher education are consulted in carrying out para11 graphs (1) and (2). 

12 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—

13 There are authorized to be appropriated to carry out 

14 this subsection such sums as may be necessary. 

15 ‘‘(g) GAO REPORT.—The Comptroller General of the 

16 United States shall—

17 ‘‘(1) conduct a study on the time and cost bur18 dens to institutions of higher education associated 

19 with completing the Integrated Postsecondary Edu20 cation Data System (IPEDS), which study shall—

21 ‘‘(A) report on the time and cost burden of 

22 completing the IPEDS survey for 4-year, 2-

23 year, and less than 2-year institutions of higher 

24 education; and 
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1 ‘‘(B) present recommendations for reduc2 ing such burden; 

3 ‘‘(2) not later than 1 year after the date of en4 actment of the Higher Education Amendments of 

5 2007, submit to Congress a preliminary report re6 garding the findings of the study described in para7 graph (1); and 

8 ‘‘(3) not later than 2 years after the date of en9 actment of the Higher Education Amendments of 

10 2007, submit to Congress a final report regarding 

11 such findings.’’. 

12 SEC. 109. DATABASES OF STUDENT INFORMATION PROHIB13 ITED. 

14 Part C of title I (20 U.S.C. 1015), as amended by 

15 section 108, is further amended by adding at the end the 

16 following: 

17 ‘‘SEC. 133. DATABASE OF STUDENT INFORMATION PROHIB18 ITED. 

19 ‘‘(a) PROHIBITION.—Except as described in (b), 

20 nothing in this Act shall be construed to authorize the de21 velopment, implementation, or maintenance of a Federal 

22 database of personally identifiable information on individ23 uals receiving assistance under this Act, attending institu24 tions receiving assistance under this Act, or otherwise in25 volved in any studies or other collections of data under 
44

•S 1642 ES

1 this Act, including a student unit record system, an edu2 cation bar code system, or any other system that tracks 

3 individual students over time. 

4 ‘‘(b) EXCEPTION.—The provisions of subsection (a) 

5 shall not apply to a system (or a successor system) that 

6 is necessary for the operation of programs authorized by 

7 title II, IV, or VII that were in use by the Secretary, di8 rectly or through a contractor, as of the day before the 

9 date of enactment of the Higher Education Amendments 

10 of 2007. 

11 ‘‘(c) STATE DATABASES.—Nothing in this Act shall 

12 prohibit a State or a consortium of States from devel13 oping, implementing, or maintaining State-developed data14 bases that track individuals over time, including student 

15 unit record systems that contain information related to en16 rollment, attendance, graduation and retention rates, stu17 dent financial assistance, and graduate employment out18 comes.’’. 

19 SEC. 110. CLEAR AND EASY-TO-FIND INFORMATION ON STU20 DENT FINANCIAL AID. 

21 Part C of title I (as amended by sections 108 and 

22 109) is further amended by adding at the end the fol23 lowing: 
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1 ‘‘SEC. 134. CLEAR AND EASY-TO-FIND INFORMATION ON 

2 STUDENT FINANCIAL AID. 

3 ‘‘(a) PROMINENT DISPLAY.—The Secretary shall en4 sure that a link to current student financial aid informa5 tion is displayed prominently on the home page of the De6 partment website. 

7 ‘‘(b) ENHANCED STUDENT FINANCIAL AID INFOR8 MATION.—

9 ‘‘(1) IN GENERAL.—Not later than 180 days 

10 after the date of enactment of the Higher Education 

11 Amendments of 2007, the Secretary shall contract 

12 with an independent organization with demonstrated 

13 expertise in the development of consumer-friendly 

14 websites to develop improvements to the usefulness 

15 and accessibility of the information provided by the 

16 Department on college financial planning and stu17 dent financial aid. 

18 ‘‘(2) IMPLEMENTATION.—Not later than 1 year 

19 after the date of enactment of the Higher Education 

20 Amendments of 2007, the Secretary shall implement 

21 the improvements developed by the independent or22 ganization described under paragraph (1) to the col23 lege financial planning and student financial aid 

24 website of the Department. 

25 ‘‘(3) DISSEMINATION.—The Secretary shall 

26 make the availability of the information on the 
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1 website widely known through a major media cam2 paign and other forms of communication.’’. 

3 SEC. 110A. STATE HIGHER EDUCATION INFORMATION SYS4 TEM PILOT PROGRAM. 

5 Part C of title I of the Higher Education Act of 1965 

6 (as amended by this title) is further amended by adding 

7 at the end the following: 

8 ‘‘SEC. 135. STATE HIGHER EDUCATION INFORMATION SYS9 TEM PILOT PROGRAM. 

10 ‘‘(a) PURPOSE.—It is the purpose of this section to 

11 carry out a pilot program to assist not more than 5 States 

12 to develop State-level postsecondary student data systems 

13 to—

14 ‘‘(1) improve the capacity of States and institu15 tions of higher education to generate more com16 prehensive and comparable data, in order to develop 

17 better-informed educational policy at the State level 

18 and to evaluate the effectiveness of institutional per19 formance while protecting the confidentiality of stu20 dents’ personally identifiable information; and 

21 ‘‘(2) identify how to best minimize the data-re22 porting burden placed on institutions of higher edu23 cation, particularly smaller institutions, and to maxi24 mize and improve the information institutions re25 ceive from the data systems, in order to assist insti-
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1 tutions in improving educational practice and post2 secondary outcomes. 

3 ‘‘(b) DEFINITION OF ELIGIBLE ENTITY.—In this sec4 tion, the term ‘eligible entity’ means—

5 ‘‘(1) a State higher education system; or 

6 ‘‘(2) a consortium of State higher education 

7 systems, or a consortium of individual institutions of 

8 higher education, that is broadly representative of 

9 institutions in different sectors and geographic loca10 tions. 

11 ‘‘(c) COMPETITIVE GRANTS.—

12 ‘‘(1) GRANTS AUTHORIZED.—The Secretary 

13 shall award grants, on a competitive basis, to not 

14 more than 5 eligible entities to enable the eligible en15 tities to—

16 ‘‘(A) design, test, and implement systems 

17 of postsecondary student data that provide the 

18 maximum benefits to States, institutions of 

19 higher education, and State policymakers; and 

20 ‘‘(B) examine the costs and burdens in21 volved in implementing a State-level postsec22 ondary student data system. 

23 ‘‘(2) DURATION.—A grant awarded under this 

24 section shall be for a period of not more than 3 

25 years. 
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1 ‘‘(d) APPLICATION REQUIREMENTS.—An eligible en2 tity desiring a grant under this section shall submit an 

3 application to the Secretary at such time, in such manner, 

4 and containing such information as the Secretary deter5 mines is necessary, including a description of—

6 ‘‘(1) how the eligible entity will ensure that stu7 dent privacy is protected and that individually iden8 tifiable information about students, the students’ 

9 achievements, and the students’ families remains 

10 confidential in accordance with the Family Edu11 cational Rights and Privacy Act of 1974 (20 U.S.C. 

12 1232g); and 

13 ‘‘(2) how the activities funded by the grant will 

14 be supported after the 3-year grant period. 

15 ‘‘(e) USE OF FUNDS.—A grant awarded under this 

16 section shall be used to—

17 ‘‘(1) design, develop, and implement the compo18 nents of a comprehensive postsecondary student 

19 data system with the capacity to transmit student 

20 information within States; 

21 ‘‘(2) improve the capacity of institutions of 

22 higher education to analyze and use student data; 

23 ‘‘(3) select and define common data elements, 

24 data quality, and other elements that will enable the 

25 data system to—
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1 ‘‘(A) serve the needs of institutions of 

2 higher education for institutional research and 

3 improvement; 

4 ‘‘(B) provide students and the students’ 

5 families with useful information for decision6 making about postsecondary education; 

7 ‘‘(C) provide State policymakers with im8 proved information to monitor and guide efforts 

9 to improve student outcomes and success in 

10 higher education; 

11 ‘‘(4) estimate costs and burdens at the institu12 tional level for the reporting system for different 

13 types of institutions; and 

14 ‘‘(5) test the feasibility of protocols and stand15 ards for maintaining data privacy and data access. 

16 ‘‘(f) EVALUATION; REPORTS.—Not later than 6 

17 months after the end of the projects funded by grants 

18 awarded under this section, the Secretary shall—

19 ‘‘(1) conduct a comprehensive evaluation of the 

20 pilot program authorized by this section; and 

21 ‘‘(2) report the Secretary’s findings, as well as 

22 recommendations regarding the implementation of 

23 State-level postsecondary student data systems to 

24 the authorizing committees. 
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1 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to carry out this section 

3 such sums as may be necessary for fiscal year 2008 and 

4 each of the 5 succeeding fiscal years.’’. 

5 SEC. 111. PERFORMANCE-BASED ORGANIZATION FOR THE 

6 DELIVERY OF FEDERAL STUDENT FINANCIAL 

7 ASSISTANCE. 

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

9 (1) in subsection (a)—

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

12 oversight’’; and 

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

14 the operational functions’’ and inserting ‘‘and 

15 administration’’; 

16 (2) in subsection (b)—

17 (A) in paragraph (1)—

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

19 ‘‘the information systems administered by 

20 the PBO, and other functions performed 

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

22 student financial assistance programs au23 thorized under title IV’’; and 

24 (ii) by striking subparagraph (C) and 

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

2 identifying goals for—

3 ‘‘(i) the administration of the systems 

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

6 under title IV; and 

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

8 current technology.’’; and 

9 (B) in paragraph (2)—

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

12 the information and financial systems that 

13 support’’ and inserting ‘‘the administration 

14 of Federal’’; 

15 (ii) in subparagraph (A)—

16 (I) in the matter preceding clause 

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

18 for Federal student assistance’’ and 

19 inserting ‘‘for the Federal student as20 sistance programs authorized under 

21 title IV’’; 

22 (II) by striking clauses (i) and 

23 (ii) and inserting the following: 

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

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

2 authorized parties; 

3 ‘‘(ii) the design and technical speci4 fications for software development and pro5 curement for systems supporting the stu6 dent financial assistance programs author7 ized under title IV;’’; 

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

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

11 (IV) in clause (iv)—

12 (aa) by inserting ‘‘the’’ after 

13 ‘‘supporting’’; and 

14 (bb) by striking ‘‘and’’ after 

15 the semicolon; 

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

17 ‘‘systems that support those pro18 grams.’’ and inserting ‘‘the adminis19 tration of the Federal student assist20 ance programs authorized under title 

21 IV; and’’; and 

22 (VI) by adding at the end the fol23 lowing: 
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1 ‘‘(vi) ensuring the integrity of the stu2 dent assistance programs authorized under 

3 title IV.’’; and 

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

5 ‘‘operations and services’’ and inserting 

6 ‘‘activities and functions’’; and 

7 (3) in subsection (c)—

8 (A) in the subsection heading, by striking 

9 ‘‘PERFORMANCE PLAN AND REPORT’’ and in10 serting ‘‘PERFORMANCE PLAN, REPORT, AND

11 BRIEFING’’; 

12 (B) in paragraph (1)(C)—

13 (i) in clause (iii), by striking ‘‘infor14 mation and delivery’’; and 

15 (ii) in clause (iv)—

16 (I) by striking ‘‘Developing an’’ 

17 and inserting ‘‘Developing’’; and 

18 (II) by striking ‘‘delivery and in19 formation system’’ and inserting ‘‘sys20 tems’’; 

21 (C) in paragraph (2)—

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

23 ‘‘the’’ after ‘‘PBO and’’; and 

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

25 ‘‘Officer’’ and inserting ‘‘Officers’’; 
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1 (D) in paragraph (3), by inserting ‘‘stu2 dents,’’ after ‘‘consult with’’; and 

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

4 ‘‘(4) BRIEFING ON ENFORCEMENT OF STUDENT

5 LOAN PROVISIONS.—The Chief Operating Officer 

6 shall provide an annual briefing to the members of 

7 the authorizing committees on the steps the PBO 

8 has taken and is taking to ensure that lenders are 

9 providing the information required under clauses 

10 (iii) and (iv) of section 428(c)(3)(C) and sections 

11 428(b)(1)(Z) and 428C(b)(1)(F).’’; 

12 (4) in subsection (d)—

13 (A) in paragraph (1), by striking the sec14 ond sentence; and 

15 (B) in paragraph (5)—

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

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

18 (4)’’; and 

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

20 ‘‘this’’; 

21 (5) in subsection (f)—

22 (A) in paragraph (2), by striking ‘‘to bor23 rowers’’ and inserting ‘‘to students, bor24 rowers,’’; and 
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1 (B) in paragraph (3)(A), by striking 

2 ‘‘(1)(A)’’ and inserting ‘‘(1)’’; 

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

4 than 25’’; 

5 (7) in subsection (h), by striking ‘‘organiza6 tional effectiveness’’ and inserting ‘‘effectiveness’’; 

7 (8) by striking subsection (i); 

8 (9) by redesignating subsection (j) as sub9 section (i); and 

10 (10) in subsection (i) (as redesignated by para11 graph (9)), by striking ‘‘, including transition costs’’. 

12 SEC. 112. PROCUREMENT FLEXIBILITY. 

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

14 (1) in subsection (b)—

15 (A) in paragraph (1)—

16 (i) by striking ‘‘for information sys17 tems supporting the programs authorized 

18 under title IV’’; and 

19 (ii) by striking ‘‘and’’ after the semi20 colon; 

21 (B) in paragraph (2), by striking the pe22 riod at the end and inserting ‘‘; and’’; and 

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

24 ‘‘(3) through the Chief Operating Officer—
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1 ‘‘(A) to the maximum extent practicable, 

2 utilize procurement systems that streamline op3 erations, improve internal controls, and enhance 

4 management; and 

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

6 and assess such systems’ ability to meet PBO 

7 requirements.’’; 

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

9 the following: 

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

11 Chief Operating Officer shall, when appropriate and 

12 consistent with the purposes of the PBO, acquire 

13 services related to the functions set forth in section 

14 141(b)(2) from any entity that has the capability 

15 and capacity to meet the requirements set by the 

16 PBO. The Chief Operating Officer is authorized to 

17 pay fees that are equivalent to those paid by other 

18 entities to an organization that provides services 

19 that meet the requirements of the PBO, as deter20 mined by the Chief Operating Officer.’’; 

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

22 Federal Government contracts’’; 

23 (4) in subsection (g)—

24 (A) in paragraph (4)(A)—
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1 (i) in the subparagraph heading, by 

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

3 ‘‘SINGLE-SOURCE BASIS.—’’; and 

4 (ii) by striking ‘‘sole-source’’ and in5 serting ‘‘single-source’’; and 

6 (B) in paragraph (7), by striking ‘‘sole7 source’’ and inserting ‘‘single-source’’; 

8 (5) in subsection (h)(2)(A), by striking ‘‘sole9 source’’ and inserting ‘‘single-source’’; and 

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

11 and inserting the following: 

12 ‘‘(3) SINGLE-SOURCE BASIS.—The term ‘single13 source basis’, with respect to an award of a contract, 

14 means that the contract is awarded to a source after 

15 soliciting an offer or offers from, and negotiating 

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

17 the only source in the marketplace capable of meet18 ing the need) because such source is the most advan19 tageous source for purposes of the award.’’. 

20 SEC. 113. INSTITUTION AND LENDER REPORTING AND DIS21 CLOSURE REQUIREMENTS. 

22 Title I (20 U.S.C. 1001 et seq.) is amended by adding 

23 at the end the following: 
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1 ‘‘PART E—LENDER AND INSTITUTION REQUIRE2 MENTS RELATING TO EDUCATIONAL LOANS 

3 ‘‘SEC. 151. DEFINITIONS. 

4 ‘‘In this part: 

5 ‘‘(1) COST OF ATTENDANCE.—The term ‘cost of 

6 attendance’ has the meaning given the term in sec7 tion 472. 

8 ‘‘(2) COVERED INSTITUTION.—The term ‘cov9 ered institution’—

10 ‘‘(A) means any educational institution 

11 that offers a postsecondary educational degree, 

12 certificate, or program of study (including any 

13 institution of higher education, as such term is 

14 defined in section 102) and receives any Fed15 eral funding or assistance; and 

16 ‘‘(B) includes any employee or agent of the 

17 educational institution or any organization or 

18 entity affiliated with, or directly or indirectly 

19 controlled by, such institution. 

20 ‘‘(3) EDUCATIONAL LOAN.—The term ‘edu21 cational loan’ means any loan made, insured, or 

22 guaranteed under title IV. 

23 ‘‘(4) EDUCATIONAL LOAN ARRANGEMENT.—The 

24 term ‘educational loan arrangement’ means an ar25 rangement or agreement between a lender and a cov26 ered institution—
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1 ‘‘(A) under which arrangement or agree2 ment a lender provides or otherwise issues edu3 cational loans to the students attending the cov4 ered institution or the parents of such students; 

5 and 

6 ‘‘(B) which arrangement or agreement—

7 ‘‘(i) relates to the covered institution 

8 recommending, promoting, endorsing, or 

9 using educational loans of the lender; and 

10 ‘‘(ii) involves the payment of any fee 

11 or provision of other material benefit by 

12 the lender to the institution or to groups of 

13 students who attend the institution. 

14 ‘‘(5) LENDER.—The term ‘lender’—

15 ‘‘(A) means—

16 ‘‘(i) any lender—

17 ‘‘(I) of a loan made, insured, or 

18 guaranteed under part B of title IV; 

19 and 

20 ‘‘(II) that is a financial institu21 tion, as such term is defined in sec22 tion 509 of the Gramm-Leach-Bliley 

23 Act (15 U.S.C. 6809); and 
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1 ‘‘(ii) in the case of any loan issued or 

2 provided to a student under part D of title 

3 IV, the Secretary; and 

4 ‘‘(B) includes any individual, group, or en5 tity acting on behalf of the lender in connection 

6 with an educational loan. 

7 ‘‘(6) OFFICER.—The term ‘officer’ includes a 

8 director or trustee of an institution. 

9 ‘‘SEC. 152. REQUIREMENTS FOR LENDERS AND INSTITU10 TIONS PARTICIPATING IN EDUCATIONAL 

11 LOAN ARRANGEMENTS. 

12 ‘‘(a) USE OF LENDER NAME.—A covered institution 

13 that enters into an educational loan arrangement shall dis14 close the name of the lender in documentation related to 

15 the loan. 

16 ‘‘(b) DISCLOSURES.—

17 ‘‘(1) DISCLOSURES BY LENDERS.—Before a 

18 lender issues or otherwise provides an educational 

19 loan to a student, the lender shall provide the stu20 dent, in writing, with the disclosures described in 

21 paragraph (2). 

22 ‘‘(2) DISCLOSURES.—The disclosures required 

23 by this paragraph shall include a clear and promi24 nent statement—
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1 ‘‘(A) of the interest rates of the edu2 cational loan being offered; 

3 ‘‘(B) showing sample educational loan 

4 costs, disaggregated by type; 

5 ‘‘(C) that describes, with respect to each 

6 type of educational loan being offered—

7 ‘‘(i) the types of repayment plans that 

8 are available; 

9 ‘‘(ii) whether, and under what condi10 tions, early repayment may be made with11 out penalty; 

12 ‘‘(iii) when and how often interest on 

13 the loan will be capitalized; 

14 ‘‘(iv) the terms and conditions of 

15 deferments or forbearance; 

16 ‘‘(v) all available repayment benefits, 

17 the percentage of all borrowers who qualify 

18 for such benefits, and the percentage of 

19 borrowers who received such benefits in the 

20 preceding academic year, for each type of 

21 loan being offered; 

22 ‘‘(vi) the collection practices in the 

23 case of default; and 
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1 ‘‘(vii) all fees that the borrower may 

2 be charged, including late payment pen3 alties and associated fees; and 

4 ‘‘(D) of such other information as the Sec5 retary may require in regulations. 

6 ‘‘(c) DISCLOSURES TO THE SECRETARY BY LEND7 ER.—

8 ‘‘(1) IN GENERAL.—Each lender shall, on an 

9 annual basis, report to the Secretary any reasonable 

10 expenses paid or given under section 435(d)(5)(D), 

11 487(a)(21)(A)(ii), or 487(a)(21)(A)(iv) to any em12 ployee who is employed in the financial aid office of 

13 a covered institution, or who otherwise has respon14 sibilities with respect to educational loans or other 

15 financial aid of the institution. Such reports shall in16 clude—

17 ‘‘(A) the amount of each specific instance 

18 in which the lender provided such reimburse19 ment; 

20 ‘‘(B) the name of the financial aid official 

21 or other employee to whom the reimbursement 

22 was made; 

23 ‘‘(C) the dates of the activity for which the 

24 reimbursement was made; and 
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1 ‘‘(D) a brief description of the activity for 

2 which the reimbursement was made. 

3 ‘‘(2) REPORT TO CONGRESS.—The Secretary 

4 shall compile the information in paragraph (1) in a 

5 report and transmit such report to the authorizing 

6 committees annually. 

7 ‘‘SEC. 153. INTEREST RATE REPORT FOR INSTITUTIONS 

8 AND LENDERS PARTICIPATING IN EDU9 CATIONAL LOAN ARRANGEMENTS. 

10 ‘‘(a) SECRETARY DUTIES.—

11 ‘‘(1) REPORT AND MODEL FORMAT.—Not later 

12 than 180 days after the date of enactment of the 

13 Higher Education Amendments of 2007, the Sec14 retary shall—

15 ‘‘(A) prepare a report on the adequacy of 

16 the information provided to students and the 

17 parents of such students about educational 

18 loans, after consulting with students, represent19 atives of covered institutions (including finan20 cial aid administrators, registrars, and business 

21 officers), lenders, loan servicers, and guaranty 

22 agencies; 

23 ‘‘(B) include in the report a model format, 

24 based on the report’s findings, to be used by 
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1 lenders and covered institutions in carrying out 

2 subsections (b) and (c)—

3 ‘‘(i) that provides information on the 

4 applicable interest rates and other terms 

5 and conditions of the educational loans 

6 provided by a lender to students attending 

7 the institution, or the parents of such stu8 dents, disaggregated by each type of edu9 cational loans provided to such students or 

10 parents by the lender, including—

11 ‘‘(I) the interest rate and terms 

12 and conditions of the loans offered by 

13 the lender for the upcoming academic 

14 year; 

15 ‘‘(II) with respect to such loans, 

16 any benefits that are contingent on 

17 the repayment behavior of the bor18 rower; 

19 ‘‘(III) the average amount bor20 rowed from the lender by students en21 rolled in the institution who obtain 

22 loans of such type from the lender for 

23 the preceding academic year; 

24 ‘‘(IV) the average interest rate 

25 on such loans provided to such stu-
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1 dents for the preceding academic year; 

2 and 

3 ‘‘(V) the amount that the bor4 rower may repay in interest, based on 

5 the standard repayment period of a 

6 loan, on the average amount borrowed 

7 from the lender by students enrolled 

8 in the institution who obtain loans of 

9 such type from the lender for the pre10 ceding academic year; and 

11 ‘‘(ii) which format shall be easily usa12 ble by lenders, institutions, guaranty agen13 cies, loan servicers, parents, and students; 

14 and 

15 ‘‘(C)(i) submit the report and model for16 mat to the authorizing committees; and 

17 ‘‘(ii) make the report and model format 

18 available to covered institutions, lenders, and 

19 the public. 

20 ‘‘(2) USE OF FORM.—The Secretary shall take 

21 such steps as necessary to make the model format 

22 available to covered institutions and to encourage—

23 ‘‘(A) lenders subject to subsection (b) to 

24 use the model format in providing the informa25 tion required under subsection (b); and 
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1 ‘‘(B) covered institutions to use such for2 mat in preparing the information report under 

3 subsection (c). 

4 ‘‘(b) LENDER DUTIES.—Each lender that has an 

5 educational loan arrangement with a covered institution 

6 shall annually, by a date determined by the Secretary, pro7 vide to the covered institution and to the Secretary the 

8 information included on the model format for each type 

9 of educational loan provided by the lender to students at10 tending the covered institution, or the parents of such stu11 dents, for the preceding academic year. 

12 ‘‘(c) COVERED INSTITUTION DUTIES.—Each covered 

13 institution shall—

14 ‘‘(1) prepare and submit to the Secretary an 

15 annual report, by a date determined by the Sec16 retary, that includes, for each lender that has an 

17 educational loan arrangement with the covered insti18 tution and that has submitted to the institution the 

19 information required under subsection (b)—

20 ‘‘(A) the information included on the 

21 model format for each type of educational loan 

22 provided by the lender to students attending the 

23 covered institution, or the parents of such stu24 dents; and 
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1 ‘‘(B) a detailed explanation of why the cov2 ered institution believes the terms and condi3 tions of each type of educational loan provided 

4 pursuant to the agreement are beneficial for 

5 students attending the covered institution, or 

6 the parents of such students; and 

7 ‘‘(2) ensure that the report required under 

8 paragraph (1) is made available to the public and 

9 provided to students attending or planning to attend 

10 the covered institution, and the parents of such stu11 dents, in time for the student or parent to take such 

12 information into account before applying for or se13 lecting an educational loan.’’. 

14 SEC. 114. EMPLOYMENT OF POSTSECONDARY EDUCATION 

15 GRADUATES. 

16 (a) STUDY, ASSESSMENTS, AND RECOMMENDA17 TIONS.—The Comptroller General of the United States 

18 shall—

19 (1) conduct a study of—

20 (A) the information that States currently 

21 have on the employment of students who have 

22 completed postsecondary education programs; 

23 (B) the feasibility of collecting information 

24 on students who complete all types of postsec25 ondary education programs (including 2- and 4-
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1 year degree, certificate, and professional and 

2 graduate programs) at all types of institutions 

3 (including public, private nonprofit, and for–

4 profit schools), regarding—

5 (i) employment, including—

6 (I) the type of job obtained not 

7 later than 6 months after the comple8 tion of the degree, certificate, or pro9 gram; 

10 (II) whether such job was related 

11 to the course of study; 

12 (III) the starting salary for such 

13 job; and 

14 (IV) the student’s satisfaction 

15 with the student’s preparation for 

16 such job and guidance provided with 

17 respect to securing the job; and 

18 (ii) for recipients of Federal student 

19 aid, the type of assistance received, so that 

20 the information can be used to evaluate 

21 various education programs; 

22 (C) the evaluation systems used by other 

23 industries to identify successful programs and 

24 challenges, set priorities, monitor performance, 

25 and make improvements; 
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1 (D) the best means of collecting informa2 tion from or regarding recent postsecondary 

3 graduates, including—

4 (i) whether a national website would 

5 be the most effective way to collect infor6 mation; 

7 (ii) whether postsecondary graduates 

8 could be encouraged to submit voluntary 

9 information by allowing a graduate to ac10 cess aggregated information about other 

11 graduates (such as graduates from the 

12 graduate’s school, with the graduate’s de13 gree, or in the graduate’s area) if the grad14 uate completes an online questionnaire; 

15 (iii) whether employers could be en16 couraged to submit information by allow17 ing an employer to access aggregated in18 formation about graduates (such as insti19 tutions of higher education attended, de20 grees, or starting pay) if the employer 

21 completes an online questionnaire to evalu22 ate the employer’s satisfaction with the 

23 graduates the employer hires; and 

24 (iv) whether postsecondary institu25 tions that receive Federal funds or whose 
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1 students have received Federal student fi2 nancial aid could be required to submit ag3 gregated information about the graduates 

4 of the institutions; and 

5 (E) the best means of displaying employ6 ment information; and 

7 (2) provide assessments and recommendations 

8 regarding—

9 (A) whether successful State cooperative 

10 relationships between higher education system 

11 offices and State agencies responsible for em12 ployment statistics can be encouraged and rep13 licated in other States; 

14 (B) whether there is value in collecting ad15 ditional information from or about the employ16 ment experience of individuals who have re17 cently completed a postsecondary educational 

18 program; 

19 (C) what are the most promising ways of 

20 obtaining and displaying or disseminating such 

21 information; 

22 (D) if a website is used for such informa23 tion, whether the website should be run by a 

24 governmental agency or contracted out to an 
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1 independent education or employment organiza2 tion; 

3 (E) whether a voluntary information sys4 tem would work, both from the graduates’ and 

5 employers’ perspectives; 

6 (F) the value of such information to future 

7 students, institutions, accrediting agencies or 

8 associations, policymakers, and employers, in9 cluding how the information would be used and 

10 the practical applications of the information; 

11 (G) whether the request for such informa12 tion is duplicative of information that is already 

13 being collected; and 

14 (H) whether the National Postsecondary 

15 Student Aid Survey conducted by the National 

16 Center for Education Statistics could be amend17 ed to collect such information. 

18 (b) REPORTS.—

19 (1) PRELIMINARY REPORT.—Not later than 1 

20 year after the date of enactment of this Act, the 

21 Comptroller General shall submit to Congress a pre22 liminary report regarding the study, assessments, 

23 and recommendations described in subsection (a). 

24 (2) FINAL REPORT.—Not later than 2 years 

25 after the date of enactment of this Act, the Comp-
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1 troller General shall submit to Congress a final re2 port regarding such study, assessments, and rec3 ommendations. 

4 SEC. 115. FOREIGN MEDICAL SCHOOLS. 

5 (a) PERCENTAGE PASS RATE.—

6 (1) IN GENERAL.—Section 

7 102(a)(2)(A)(i)(I)(bb) (20 U.S.C. 

8 1002(a)(2)(A)(i)(I)(bb)) is amended by striking 

9 ‘‘60’’ and inserting ‘‘75’’. 

10 (2) EFFECTIVE DATE.—The amendment made 

11 by paragraph (1) shall take effect on July 1, 2010. 

12 (b) STUDY.—

13 (1) IN GENERAL.—Not later than 2 years after 

14 the date of enactment of this Act, the Comptroller 

15 General of the United States shall—

16 (A) complete a study that shall examine 

17 American students receiving Federal financial 

18 aid to attend graduate medical schools located 

19 outside of the United States; and 

20 (B) submit to Congress a report setting 

21 forth the conclusions of the study. 

22 (2) CONTENTS.—The study conducted under 

23 this subsection shall include the following: 

24 (A) The amount of Federal student finan25 cial aid dollars that are being spent on graduate 
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1 medical schools located outside of the United 

2 States every year, and the percentage of overall 

3 student aid such amount represents. 

4 (B) The percentage of students of such 

5 medical schools who pass the examinations ad6 ministered by the Educational Commission for 

7 Foreign Medical Graduates the first time. 

8 (C) The percentage of students of such 

9 medical schools who pass the examinations ad10 ministered by the Educational Commission for 

11 Foreign Medical Graduates after taking such 

12 examinations multiple times, disaggregated by 

13 how many times the students had to take the 

14 examinations to pass. 

15 (D) The percentage of recent graduates of 

16 such medical schools practicing medicine in the 

17 United States, and a description of where the 

18 students are practicing and what types of medi19 cine the students are practicing. 

20 (E) The rate of graduates of such medical 

21 schools who lose malpractice lawsuits or have 

22 the graduates’ medical licenses revoked, as com23 pared to graduates of graduate medical schools 

24 located in the United States. 
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1 (F) Recommendations regarding the per2 centage passing rate of the examinations ad3 ministered by the Educational Commission for 

4 Foreign Medical Graduates that the United 

5 States should require of graduate medical 

6 schools located outside of the United States for 

7 Federal financial aid purposes. 

8 SEC. 116. DEMONSTRATION AND CERTIFICATION REGARD9 ING THE USE OF CERTAIN FEDERAL FUNDS. 

10 (a) PROHIBITION.—No Federal funds received by an 

11 institution of higher education or other postsecondary edu12 cational institution may be used to pay any person for in13 fluencing or attempting to influence an officer or employee 

14 of any agency, a Member of Congress, an officer or em15 ployee of Congress, or an employee of a Member of Con16 gress in connection with any Federal action described in 

17 subsection (b). 

18 (b) APPLICABILITY.—The prohibition in subsection 

19 (a) applies with respect to the following Federal actions: 

20 (1) The awarding of any Federal contract. 

21 (2) The making of any Federal grant. 

22 (3) The making of any Federal loan. 

23 (4) The entering into of any Federal coopera24 tive agreement. 
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1 (5) The extension, continuation, renewal, 

2 amendment, or modification of any Federal contract, 

3 grant, loan, or cooperative agreement. 

4 (c) LOBBYING AND EARMARKS.—No Federal student 

5 aid funding may be used to hire a registered lobbyist or 

6 pay any person or entity for securing an earmark. 

7 (d) DEMONSTRATION AND CERTIFICATION.—Each 

8 institution of higher education or other postsecondary edu9 cational institution receiving Federal funding, as a condi10 tion for receiving such funding, shall annually dem11 onstrate and certify to the Secretary of Education that 

12 the requirements of subsections (a) through (c) have been 

13 met. 

14 (e) ACTIONS TO IMPLEMENT AND ENFORCE.—The 

15 Secretary of Education shall take such actions as are nec16 essary to ensure that the provisions of this section are vig17 orously implemented and enforced. 

18 TITLE II—TEACHER QUALITY 

19 ENHANCEMENT 

20 SEC. 201. TEACHER QUALITY PARTNERSHIP GRANTS. 

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

22 to read as follows: 
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1 ‘‘PART A—TEACHER QUALITY PARTNERSHIP 

2 GRANTS 

3 ‘‘SEC. 201. PURPOSES; DEFINITIONS. 

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

5 ‘‘(1) improve student achievement; 

6 ‘‘(2) improve the quality of the current and fu7 ture teaching force by improving the preparation of 

8 prospective teachers and enhancing professional de9 velopment activities; 

10 ‘‘(3) hold institutions of higher education ac11 countable for preparing highly qualified teachers; 

12 and 

13 ‘‘(4) recruit qualified individuals, including mi14 norities and individuals from other occupations, into 

15 the teaching force. 

16 ‘‘(b) DEFINITIONS.—In this part: 

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

18 sciences’ means—

19 ‘‘(A) when referring to an organizational 

20 unit of an institution of higher education, any 

21 academic unit that offers 1 or more academic 

22 majors in disciplines or content areas cor23 responding to the academic subject matter 

24 areas in which teachers provide instruction; and 

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

26 subject area, the disciplines or content areas in 
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1 which academic majors are offered by the arts 

2 and sciences organizational unit. 

3 ‘‘(2) CHILDREN FROM LOW-INCOME FAMI4 LIES.—The term ‘children from low-income families’ 

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

6 of the Elementary and Secondary Education Act of 

7 1965. 

8 ‘‘(3) CORE ACADEMIC SUBJECTS.—The term 

9 ‘core academic subjects’ has the meaning given the 

10 term in section 9101 of the Elementary and Sec11 ondary Education Act of 1965. 

12 ‘‘(4) EARLY CHILDHOOD EDUCATION PRO13 GRAM.—The term ‘early childhood education pro14 gram’ means—

15 ‘‘(A) a Head Start program or an Early 

16 Head Start program carried out under the 

17 Head Start Act (42 U.S.C. 9831 et seq.); 

18 ‘‘(B) a State licensed or regulated child 

19 care program or school; or 

20 ‘‘(C) a State prekindergarten program that 

21 serves children from birth through kindergarten 

22 and that addresses the children’s cognitive (in23 cluding language, early literacy, and pre24 numeracy), social, emotional, and physical de25 velopment. 
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1 ‘‘(5) EARLY CHILDHOOD EDUCATOR.—The 

2 term ‘early childhood educator’ means an individual 

3 with primary responsibility for the education of chil4 dren in an early childhood education program. 

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

6 term ‘educational service agency’ has the meaning 

7 given the term in section 9101 of the Elementary 

8 and Secondary Education Act of 1965. 

9 ‘‘(7) ELIGIBLE PARTNERSHIP.—The term ‘eligi10 ble partnership’ means an entity that—

11 ‘‘(A) shall include—

12 ‘‘(i) a high-need local educational 

13 agency; 

14 ‘‘(ii) a high-need school or a consor15 tium of high-need schools served by the 

16 high-need local educational agency or, as 

17 applicable, a high-need early childhood 

18 education program; 

19 ‘‘(iii) a partner institution; 

20 ‘‘(iv) a school, department, or pro21 gram of education within such partner in22 stitution; and 

23 ‘‘(v) a school or department of arts 

24 and sciences within such partner institu25 tion; and 
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1 ‘‘(B) may include any of the following: 

2 ‘‘(i) The Governor of the State. 

3 ‘‘(ii) The State educational agency. 

4 ‘‘(iii) The State board of education. 

5 ‘‘(iv) The State agency for higher edu6 cation. 

7 ‘‘(v) A business. 

8 ‘‘(vi) A public or private nonprofit 

9 educational organization. 

10 ‘‘(vii) An educational service agency. 

11 ‘‘(viii) A teacher organization. 

12 ‘‘(ix) A high-performing local edu13 cational agency, or a consortium of such 

14 local educational agencies, that can serve 

15 as a resource to the partnership. 

16 ‘‘(x) A charter school (as defined in 

17 section 5210 of the Elementary and Sec18 ondary Education Act of 1965). 

19 ‘‘(xi) A school or department within 

20 the partner institution that focuses on psy21 chology and human development. 

22 ‘‘(xii) A school or department within 

23 the partner institution with comparable ex24 pertise in the disciplines of teaching, learn25 ing, and child and adolescent development. 
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1 ‘‘(8) ESSENTIAL COMPONENTS OF READING IN2 STRUCTION.—The term ‘essential components of 

3 reading instruction’ has the meaning given such 

4 term in section 1208 of the Elementary and Sec5 ondary Education Act of 1965. 

6 ‘‘(9) EXEMPLARY TEACHER.—The term ‘exem7 plary teacher’ has the meaning given such term in 

8 section 9101 of the Elementary and Secondary Edu9 cation Act of 1965. 

10 ‘‘(10) HIGH-NEED EARLY CHILDHOOD EDU11 CATION PROGRAM.—The term ‘high-need early child12 hood education program’ means an early childhood 

13 education program serving children from low-income 

14 families that is located within the geographic area 

15 served by a high-need local educational agency. 

16 ‘‘(11) HIGH-NEED LOCAL EDUCATIONAL AGEN17 CY.—The term ‘high-need local educational agency’ 

18 means a local educational agency—

19 ‘‘(A)(i) for which not less than 20 percent 

20 of the children served by the agency are chil21 dren from low-income families; 

22 ‘‘(ii) that serves not fewer than 10,000 

23 children from low-income families; or 

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

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

2 schools are designated with a school locale code 

3 of 6, 7, or 8, as determined by the Secretary; 

4 and 

5 ‘‘(B)(i) for which there is a high percent6 age of teachers not teaching in the academic 

7 subject areas or grade levels in which the teach8 ers were trained to teach; or 

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

10 turnover rate or a high percentage of teachers 

11 with emergency, provisional, or temporary cer12 tification or licensure. 

13 ‘‘(12) HIGH-NEED SCHOOL.—The term ‘high14 need school’ means a public elementary school or 

15 public secondary school that—

16 ‘‘(A) is among the highest 25 percent of 

17 schools served by the local educational agency 

18 that serves the school, in terms of the percent19 age of students from families with incomes 

20 below the poverty line; or 

21 ‘‘(B) is designated with a school locale 

22 code of 6, 7, or 8, as determined by the Sec23 retary. 
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1 ‘‘(13) HIGHLY COMPETENT.—The term ‘highly 

2 competent’, when used with respect to an early 

3 childhood educator, means an educator—

4 ‘‘(A) with specialized education and train5 ing in development and education of young chil6 dren from birth until entry into kindergarten; 

7 ‘‘(B) with—

8 ‘‘(i) a baccalaureate degree in an aca9 demic major in the arts and sciences; or 

10 ‘‘(ii) an associate’s degree in a related 

11 educational area; and 

12 ‘‘(C) who has demonstrated a high level of 

13 knowledge and use of content and pedagogy in 

14 the relevant areas associated with quality early 

15 childhood education. 

16 ‘‘(14) 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 and, with respect to special edu20 cation teachers, in section 602 of the Individuals 

21 with Disabilities Education Act. 

22 ‘‘(15) INDUCTION PROGRAM.—The term ‘induc23 tion program’ means a formalized program for new 

24 teachers during not less than the teachers’ first 2 

25 years of teaching that is designed to provide support 
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1 for, and improve the professional performance and 

2 advance the retention in the teaching field of, begin3 ning teachers. Such program shall promote effective 

4 teaching skills and shall include the following compo5 nents: 

6 ‘‘(A) High-quality teacher mentoring. 

7 ‘‘(B) Periodic, structured time for collabo8 ration with teachers in the same department or 

9 field, as well as time for information-sharing 

10 among teachers, principals, administrators, and 

11 participating faculty in the partner institution. 

12 ‘‘(C) The application of empirically based 

13 practice and scientifically valid research on in14 structional practices. 

15 ‘‘(D) Opportunities for new teachers to 

16 draw directly upon the expertise of teacher 

17 mentors, faculty, and researchers to support the 

18 integration of empirically based practice and 

19 scientifically valid research with practice. 

20 ‘‘(E) The development of skills in instruc21 tional and behavioral interventions derived from 

22 empirically based practice and, where applica23 ble, scientifically valid research. 

24 ‘‘(F) Faculty who—
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1 ‘‘(i) model the integration of research 

2 and practice in the classroom; and 

3 ‘‘(ii) assist new teachers with the ef4 fective use and integration of technology in 

5 the classroom. 

6 ‘‘(G) Interdisciplinary collaboration among 

7 exemplary teachers, faculty, researchers, and 

8 other staff who prepare new teachers on the 

9 learning process and the assessment of learn10 ing. 

11 ‘‘(H) Assistance with the understanding of 

12 data, particularly student achievement data, 

13 and the data’s applicability in classroom in14 struction. 

15 ‘‘(I) Regular evaluation of the new teacher. 

16 ‘‘(16) LIMITED ENGLISH PROFICIENT.—The 

17 term ‘limited English proficient’ has the meaning 

18 given such term in section 9101 of the Elementary 

19 and Secondary Education Act of 1965. 

20 ‘‘(17) PARTNER INSTITUTION.—The term ‘part21 ner institution’ means an institution of higher edu22 cation, which may include a 2-year institution of 

23 higher education offering a dual program with a 4-

24 year institution of higher education, participating in 
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1 an eligible partnership that has a teacher prepara2 tion program—

3 ‘‘(A) whose graduates exhibit strong per4 formance on State-determined qualifying assess5 ments for new teachers through—

6 ‘‘(i) demonstrating that 80 percent or 

7 more of the graduates of the program who 

8 intend to enter the field of teaching have 

9 passed all of the applicable State qualifica10 tion assessments for new teachers, which 

11 shall include an assessment of each pro12 spective teacher’s subject matter knowledge 

13 in the content area in which the teacher in14 tends to teach; or 

15 ‘‘(ii) being ranked among the highest16 performing teacher preparation programs 

17 in the State as determined by the State—

18 ‘‘(I) using criteria consistent with 

19 the requirements for the State report 

20 card under section 205(b); and 

21 ‘‘(II) using the State report card 

22 on teacher preparation required under 

23 section 205(b), after the first publica24 tion of such report card and for every 

25 year thereafter; or 
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1 ‘‘(B) that requires—

2 ‘‘(i) each student in the program to 

3 meet high academic standards and partici4 pate in intensive clinical experience; 

5 ‘‘(ii) each student in the program pre6 paring to become a teacher to become 

7 highly qualified; and 

8 ‘‘(iii) each student in the program 

9 preparing to become an early childhood ed10 ucator to meet degree requirements, as es11 tablished by the State, and become highly 

12 competent. 

13 ‘‘(18) PRINCIPLES OF SCIENTIFIC RESEARCH.—

14 The term ‘principles of scientific research’ means re15 search that—

16 ‘‘(A) applies rigorous, systematic, and ob17 jective methodology to obtain reliable and valid 

18 knowledge relevant to education activities and 

19 programs; 

20 ‘‘(B) presents findings and makes claims 

21 that are appropriate to and supported by the 

22 methods that have been employed; and 

23 ‘‘(C) includes, appropriate to the research 

24 being conducted—
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1 ‘‘(i) use of systematic, empirical meth2 ods that draw on observation or experi3 ment; 

4 ‘‘(ii) use of data analyses that are 

5 adequate to support the general findings; 

6 ‘‘(iii) reliance on measurements or ob7 servational methods that provide reliable 

8 and generalizable findings; 

9 ‘‘(iv) claims of causal relationships 

10 only in research designs that substantially 

11 eliminate plausible competing explanations 

12 for the obtained results, which may include 

13 but shall not be limited to random-assign14 ment experiments; 

15 ‘‘(v) presentation of studies and meth16 ods in sufficient detail and clarity to allow 

17 for replication or, at a minimum, to offer 

18 the opportunity to build systematically on 

19 the findings of the research; 

20 ‘‘(vi) acceptance by a peer-reviewed 

21 journal or critique by a panel of inde22 pendent experts through a comparably rig23 orous, objective, and scientific review; and 
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1 ‘‘(vii) use of research designs and 

2 methods appropriate to the research ques3 tion posed. 

4 ‘‘(19) PROFESSIONAL DEVELOPMENT.—The 

5 term ‘professional development’ has the meaning 

6 given the term in section 9101 of the Elementary 

7 and Secondary Education Act of 1965. 

8 ‘‘(20) SCIENTIFICALLY VALID RESEARCH.—The 

9 term ‘scientifically valid research’ includes applied 

10 research, basic research, and field-initiated research 

11 in which the rationale, design, and interpretation are 

12 soundly developed in accordance with accepted prin13 ciples of scientific research. 

14 ‘‘(21) TEACHER MENTORING.—The term 

15 ‘teacher mentoring’ means the mentoring of new or 

16 prospective teachers through a new or established 

17 program that—

18 ‘‘(A) includes clear criteria for the selec19 tion of teacher mentors who will provide role 

20 model relationships for mentees, which criteria 

21 shall be developed by the eligible partnership 

22 and based on measures of teacher effectiveness; 

23 ‘‘(B) provides high-quality training for 

24 such mentors, including instructional strategies 

25 for literacy instruction; 
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1 ‘‘(C) provides regular and ongoing oppor2 tunities for mentors and mentees to observe 

3 each other’s teaching methods in classroom set4 tings during the day in a high-need school in 

5 the high-need local educational agency in the el6 igible partnership; 

7 ‘‘(D) provides mentoring to each mentee by 

8 a colleague who teaches in the same field, 

9 grade, or subject as the mentee; 

10 ‘‘(E) promotes empirically based practice 

11 of, and scientifically valid research on, where 

12 applicable—

13 ‘‘(i) teaching and learning; 

14 ‘‘(ii) assessment of student learning; 

15 ‘‘(iii) the development of teaching 

16 skills through the use of instructional and 

17 behavioral interventions; and 

18 ‘‘(iv) the improvement of the mentees’ 

19 capacity to measurably advance student 

20 learning; and 

21 ‘‘(F) includes—

22 ‘‘(i) common planning time or regu23 larly scheduled collaboration for the men24 tor and mentee; and 
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1 ‘‘(ii) joint professional development 

2 opportunities. 

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

4 skills’ means skills that enable a teacher to—

5 ‘‘(A) increase student learning, achieve6 ment, and the ability to apply knowledge; 

7 ‘‘(B) effectively convey and explain aca8 demic subject matter; 

9 ‘‘(C) employ strategies grounded in the 

10 disciplines of teaching and learning that—

11 ‘‘(i) are based on empirically based 

12 practice and scientifically valid research, 

13 where applicable, on teaching and learning; 

14 ‘‘(ii) are specific to academic subject 

15 matter; and 

16 ‘‘(iii) focus on the identification of 

17 students’ specific learning needs, particu18 larly students with disabilities, students 

19 who are limited English proficient, stu20 dents who are gifted and talented, and stu21 dents with low literacy levels, and the tai22 loring of academic instruction to such 

23 needs; 

24 ‘‘(D) conduct an ongoing assessment of 

25 student learning, which may include the use of 
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1 formative assessments, performance-based as2 sessments, project-based assessments, or port3 folio assessments, that measure higher-order 

4 thinking skills, including application, analysis, 

5 synthesis, and evaluation; 

6 ‘‘(E) effectively manage a classroom; 

7 ‘‘(F) communicate and work with parents 

8 and guardians, and involve parents and guard9 ians in their children’s education; and 

10 ‘‘(G) use, in the case of an early childhood 

11 educator, age- and developmentally-appropriate 

12 strategies and practices for children in early 

13 education programs. 

14 ‘‘(23) TEACHING RESIDENCY PROGRAM.—The 

15 term ‘teaching residency program’ means a school16 based teacher preparation program in which a pro17 spective teacher—

18 ‘‘(A) for 1 academic year, teaches along19 side a mentor teacher, who is the teacher of 

20 record; 

21 ‘‘(B) receives concurrent instruction during 

22 the year described in subparagraph (A) from 

23 the partner institution, which courses may be 

24 taught by local educational agency personnel or 

25 residency program faculty, in the teaching of 
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1 the content area in which the teacher will be2 come certified or licensed; 

3 ‘‘(C) acquires effective teaching skills; and 

4 ‘‘(D) prior to completion of the program, 

5 earns a master’s degree, attains full State 

6 teacher certification or licensure, and becomes 

7 highly qualified. 

8 ‘‘SEC. 202. PARTNERSHIP GRANTS. 

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

10 available under section 208, the Secretary is authorized 

11 to award grants, on a competitive basis, to eligible part12 nerships, to enable the eligible partnerships to carry out 

13 the activities described in subsection (c). 

14 ‘‘(b) APPLICATION.—Each eligible partnership desir15 ing a grant under this section shall submit an application 

16 to the Secretary at such time, in such manner, and accom17 panied by such information as the Secretary may require. 

18 Each such application shall contain—

19 ‘‘(1) a needs assessment of all the partners in 

20 the eligible partnership with respect to the prepara21 tion, ongoing training, professional development, and 

22 retention, of general and special education teachers, 

23 principals, and, as applicable, early childhood edu24 cators; 
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1 ‘‘(2) a description of the extent to which the 

2 program prepares prospective and new teachers with 

3 strong teaching skills; 

4 ‘‘(3) a description of the extent to which the 

5 program will prepare prospective and new teachers 

6 to understand research and data and the applica7 bility of research and data in the classroom; 

8 ‘‘(4) a description of how the partnership will 

9 coordinate strategies and activities assisted under 

10 the grant with other teacher preparation or profes11 sional development programs, including those funded 

12 under the Elementary and Secondary Education Act 

13 of 1965 and the Individuals with Disabilities Edu14 cation Act, and through the National Science Foun15 dation, and how the activities of the partnership will 

16 be consistent with State, local, and other education 

17 reform activities that promote student achievement; 

18 ‘‘(5) a resource assessment that describes the 

19 resources available to the partnership, including—

20 ‘‘(A) the integration of funds from other 

21 related sources; 

22 ‘‘(B) the intended use of the grant funds; 

23 ‘‘(C) the commitment of the resources of 

24 the partnership to the activities assisted under 

25 this section, including financial support, faculty 
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1 participation, and time commitments, and to 

2 the continuation of the activities when the grant 

3 ends; 

4 ‘‘(6) a description of—

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

6 purposes of this part; 

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

8 the activities required under subsection (d) or 

9 (e) based on the needs identified in paragraph 

10 (1), with the goal of improving student achieve11 ment; 

12 ‘‘(C) the partnership’s evaluation plan 

13 under section 204(a); 

14 ‘‘(D) how the partnership will align the 

15 teacher preparation program with the—

16 ‘‘(i) State early learning standards for 

17 early childhood education programs, as ap18 propriate, and with the relevant domains of 

19 early childhood development; and 

20 ‘‘(ii) the student academic achieve21 ment standards and academic content 

22 standards under section 1111(b)(2) of the 

23 Elementary and Secondary Education Act 

24 of 1965, established by the State in which 

25 the partnership is located; 
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1 ‘‘(E) how faculty at the partner institution 

2 will work with, during the term of the grant, 

3 highly qualified teachers in the classrooms of 

4 schools served by the high-need local edu5 cational agency in the partnership to provide 

6 high-quality professional development activities; 

7 ‘‘(F) how the partnership will design, im8 plement, or enhance a year-long, rigorous, and 

9 enriching teaching preservice clinical program 

10 component; 

11 ‘‘(G) the in-service professional develop12 ment strategies and activities to be supported; 

13 and 

14 ‘‘(H) how the partnership will collect, ana15 lyze, and use data on the retention of all teach16 ers and early childhood educators in schools 

17 and early childhood programs located in the ge18 ographic area served by the partnership to 

19 evaluate the effectiveness of the partnership’s 

20 teacher and educator support system; and 

21 ‘‘(7) with respect to the induction program re22 quired as part of the activities carried out under this 

23 section—

24 ‘‘(A) a demonstration that the schools and 

25 departments within the institution of higher 
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•S 1642 ES

1 education that are part of the induction pro2 gram have relevant and essential roles in the ef3 fective preparation of teachers, including con4 tent expertise and expertise in teaching; 

5 ‘‘(B) a demonstration of the partnership’s 

6 capability and commitment to the use of empiri7 cally based practice and scientifically valid re8 search on teaching and learning, and the acces9 sibility to and involvement of faculty; 

10 ‘‘(C) a description of how the teacher prep11 aration program will design and implement an 

12 induction program to support all new teachers 

13 through not less than the first 2 years of teach14 ing in the further development of the new 

15 teachers’ teaching skills, including the use of 

16 mentors who are trained and compensated by 

17 such program for the mentors’ work with new 

18 teachers; and 

19 ‘‘(D) a description of how faculty involved 

20 in the induction program will be able to sub21 stantially participate in an early childhood edu22 cation program or an elementary or secondary 

23 school classroom setting, as applicable, includ24 ing release time and receiving workload credit 

25 for such participation. 
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1 ‘‘(c) REQUIRED USE OF GRANT FUNDS.—An eligible 

2 partnership that receives a grant under this part shall use 

3 grant funds to carry out a program for the pre-bacca4 laureate preparation of teachers under subsection (d), a 

5 teaching residency program under subsection (e), or both 

6 such programs. 

7 ‘‘(d) PARTNERSHIP GRANTS FOR PRE-BACCA8 LAUREATE PREPARATION OF TEACHERS.—An eligible 

9 partnership that receives a grant to carry out an effective 

10 program for the pre-baccalaureate preparation of teachers 

11 shall carry out a program that includes all of the following: 

12 ‘‘(1) REFORMS.—

13 ‘‘(A) IN GENERAL.—Implementing re14 forms, described in subparagraph (B), within 

15 each teacher preparation program and, as appli16 cable, each preparation program for early child17 hood education programs, of the eligible part18 nership that is assisted under this section, to 

19 hold each program accountable for—

20 ‘‘(i) preparing—

21 ‘‘(I) current or prospective teach22 ers to be highly qualified (including 

23 teachers in rural school districts who 

24 may teach multiple subjects, special 

25 educators, and teachers of students 
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1 who are limited English proficient 

2 who may teach multiple subjects); 

3 ‘‘(II) such teachers and, as appli4 cable, early childhood educators, to 

5 understand empirically based practice 

6 and scientifically valid research on 

7 teaching and learning and its applica8 bility, and to use technology effec9 tively, including the use of instruc10 tional techniques to improve student 

11 achievement; and 

12 ‘‘(III) as applicable, early child13 hood educators to be highly com14 petent; and 

15 ‘‘(ii) promoting strong teaching skills 

16 and, as applicable, techniques for early 

17 childhood educators to improve children’s 

18 cognitive, social, emotional, and physical 

19 development. 

20 ‘‘(B) REQUIRED REFORMS.—The reforms 

21 described in subparagraph (A) shall include—

22 ‘‘(i) implementing teacher preparation 

23 program curriculum changes that improve, 

24 evaluate, and assess how well all prospec-
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1 tive and new teachers develop teaching 

2 skills; 

3 ‘‘(ii) using empirically based practice 

4 and scientifically valid research, where ap5 plicable, about the disciplines of teaching 

6 and learning so that all prospective teach7 ers and, as applicable, early childhood edu8 cators—

9 ‘‘(I) can understand and imple10 ment research-based teaching prac11 tices in classroom-based instruction; 

12 ‘‘(II) have knowledge of student 

13 learning methods; 

14 ‘‘(III) possess skills to analyze 

15 student academic achievement data 

16 and other measures of student learn17 ing and use such data and measures 

18 to improve instruction in the class19 room; 

20 ‘‘(IV) possess teaching skills and 

21 an understanding of effective instruc22 tional strategies across all applicable 

23 content areas that enable the teachers 

24 and early childhood educators to—
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•S 1642 ES

1 ‘‘(aa) meet the specific 

2 learning needs of all students, in3 cluding students with disabilities, 

4 students who are limited English 

5 proficient, students who are gift6 ed and talented, students with 

7 low literacy levels and, as appli8 cable, children in early childhood 

9 education programs; and 

10 ‘‘(bb) differentiate instruc11 tion for such students; and 

12 ‘‘(V) can successfully employ ef13 fective strategies for reading instruc14 tion using the essential components of 

15 reading instruction; 

16 ‘‘(iii) ensuring collaboration with de17 partments, programs, or units of a partner 

18 institution outside of the teacher prepara19 tion program in all academic content areas 

20 to ensure that new teachers receive train21 ing in both teaching and relevant content 

22 areas in order to become highly qualified; 

23 ‘‘(iv) developing and implementing an 

24 induction program; and 
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1 ‘‘(v) developing admissions goals and 

2 priorities with the hiring objectives of the 

3 high-need local educational agency in the 

4 eligible partnership. 

5 ‘‘(2) CLINICAL EXPERIENCE AND INTER6 ACTION.—Developing and improving a sustained and 

7 high-quality pre-service clinical education program to 

8 further develop the teaching skills of all prospective 

9 teachers and, as applicable, early childhood edu10 cators, involved in the program. Such program shall 

11 do the following: 

12 ‘‘(A) Incorporate year-long opportunities 

13 for enrichment activity or a combination of ac14 tivities, including—

15 ‘‘(i) clinical learning in classrooms in 

16 high-need schools served by the high-need 

17 local educational agency in the eligible 

18 partnership and identified by the eligible 

19 partnership; and 

20 ‘‘(ii) closely supervised interaction be21 tween faculty and new and experienced 

22 teachers, principals, and other administra23 tors at early childhood education programs 

24 (as applicable), elementary schools, or sec-
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•S 1642 ES

1 ondary schools, and providing support for 

2 such interaction. 

3 ‘‘(B) Integrate pedagogy and classroom 

4 practice and promote effective teaching skills in 

5 academic content areas. 

6 ‘‘(C) Provide high-quality teacher men7 toring. 

8 ‘‘(D)(i) Be offered over the course of a 

9 program of teacher preparation; 

10 ‘‘(ii) be tightly aligned with course work 

11 (and may be developed as a 5th year of a teach12 er preparation program); and 

13 ‘‘(iii) where feasible, allow prospective 

14 teachers to learn to teach in the same school 

15 district in which the teachers will work, learn16 ing the instructional initiatives and curriculum 

17 of that district. 

18 ‘‘(E) Provide support and training for 

19 those individuals participating in an activity for 

20 prospective teachers described in this paragraph 

21 or paragraph (1) or (2), and for those who 

22 serve as mentors for such teachers, based on 

23 each individual’s experience. Such support may 

24 include—
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1 ‘‘(i) with respect to a prospective 

2 teacher or a mentor, release time for such 

3 individual’s participation; 

4 ‘‘(ii) with respect to a faculty member, 

5 receiving course workload credit and com6 pensation for time teaching in the eligible 

7 partnership’s activities; and 

8 ‘‘(iii) with respect to a mentor, a sti9 pend, which may include bonus, differen10 tial, incentive, or merit or performance11 based pay. 

12 ‘‘(3) INDUCTION PROGRAMS FOR NEW TEACH13 ERS.—Creating an induction program for new teach14 ers, or, in the case of an early childhood education 

15 program, providing mentoring or coaching for new 

16 early childhood educators. 

17 ‘‘(4) SUPPORT AND TRAINING FOR PARTICI18 PANTS IN EARLY CHILDHOOD EDUCATION PRO19 GRAMS.—In the case of an eligible partnership fo20 cusing on early childhood educator preparation, im21 plementing initiatives that increase compensation for 

22 early childhood educators who attain associate or 

23 baccalaureate degrees in early childhood education. 

24 ‘‘(5) TEACHER RECRUITMENT.—Developing and 

25 implementing effective mechanisms to ensure that 
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•S 1642 ES

1 the eligible partnership is able to recruit qualified in2 dividuals to become highly qualified teachers through 

3 the activities of the eligible partnership. 

4 ‘‘(e) PARTNERSHIP GRANTS FOR THE ESTABLISH5 MENT OF TEACHING RESIDENCY PROGRAMS.—

6 ‘‘(1) IN GENERAL.—An eligible partnership re7 ceiving a grant to carry out an effective teaching 

8 residency program shall carry out a program that 

9 includes all of the following activities: 

10 ‘‘(A) Supporting a teaching residency pro11 gram described in paragraph (2) for high-need 

12 subjects and areas, as determined by the needs 

13 of the high-need local educational agency in the 

14 partnership. 

15 ‘‘(B) Modifying staffing procedures to pro16 vide greater flexibility for local educational 

17 agency and school leaders to establish effective 

18 school-level staffing in order to facilitate place19 ment of graduates of the teaching residency 

20 program in cohorts that facilitate professional 

21 collaboration, both among graduates of the 

22 teaching residency program and between such 

23 graduates and mentor teachers in the receiving 

24 school. 
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1 ‘‘(C) Ensuring that teaching residents that 

2 participated in the teaching residency program 

3 receive—

4 ‘‘(i) effective preservice preparation as 

5 described in paragraph (2); 

6 ‘‘(ii) teacher mentoring; 

7 ‘‘(iii) induction through the induction 

8 program as the teaching residents enter 

9 the classroom as new teachers; and 

10 ‘‘(iv) the preparation described in sub11 paragraphs (A), (B), and (C) of subsection 

12 (d)(2). 

13 ‘‘(2) TEACHING RESIDENCY PROGRAMS.—

14 ‘‘(A) ESTABLISHMENT AND DESIGN.—A 

15 teaching residency program under this para16 graph shall be a program based upon models of 

17 successful teaching residencies that serves as a 

18 mechanism to prepare teachers for success in 

19 the high-need schools in the eligible partner20 ship, and shall be designed to include the fol21 lowing characteristics of successful programs: 

22 ‘‘(i) The integration of pedagogy, 

23 classroom practice, and teacher mentoring. 

24 ‘‘(ii) Engagement of teaching resi25 dents in rigorous graduate-level coursework 
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1 to earn a master’s degree while under2 taking a guided teaching apprenticeship. 

3 ‘‘(iii) Experience and learning oppor4 tunities alongside a trained and experi5 enced mentor teacher—

6 ‘‘(I) whose teaching shall com7 plement the residency program so that 

8 classroom clinical practice is tightly 

9 aligned with coursework; 

10 ‘‘(II) who shall have extra re11 sponsibilities as a teacher leader of 

12 the teaching residency program, as a 

13 mentor for residents, and as a teacher 

14 coach during the induction program 

15 for novice teachers, and for estab16 lishing, within the program, a learn17 ing community in which all individuals 

18 are expected to continually improve 

19 their capacity to advance student 

20 learning; and 

21 ‘‘(III) who may have full relief 

22 from teaching duties as a result of 

23 such additional responsibilities. 

24 ‘‘(iv) The establishment of clear cri25 teria for the selection of mentor teachers 
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1 based on measures of teacher effectiveness 

2 and the appropriate subject area knowl3 edge. Evaluation of teacher effectiveness 

4 shall be based on observations of such do5 mains of teaching as the following: 

6 ‘‘(I) Planning and preparation, 

7 including demonstrated knowledge of 

8 content, pedagogy, and assessment, 

9 including the use of formative assess10 ments to improve student learning. 

11 ‘‘(II) Appropriate instruction 

12 that engages students with different 

13 learning styles. 

14 ‘‘(III) Collaboration with col15 leagues to improve instruction. 

16 ‘‘(IV) Analysis of gains in stu17 dent learning, based on multiple 

18 measures, that, when feasible, may in19 clude valid and reliable objective 

20 measures of the influence of teachers 

21 on the rate of student academic 

22 progress. 

23 ‘‘(V) In the case of mentor can24 didates who will be mentoring current 

25 or future literacy and mathematics 
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1 coaches or instructors, appropriate 

2 skills in the essential components of 

3 reading instruction, teacher training 

4 in literacy instructional strategies 

5 across core subject areas, and teacher 

6 training in mathematics instructional 

7 strategies, as appropriate. 

8 ‘‘(v) Grouping of teaching residents in 

9 cohorts to facilitate professional collabora10 tion among such residents. 

11 ‘‘(vi) The development of admissions 

12 goals and priorities aligned with the hiring 

13 objectives of the local educational agency 

14 partnering with the program, as well as 

15 the instructional initiatives and curriculum 

16 of the agency, in exchange for a commit17 ment by the agency to hire graduates from 

18 the teaching residency program. 

19 ‘‘(vii) Support for residents, once the 

20 teaching residents are hired as teachers of 

21 record, through an induction program, pro22 fessional development, and networking op23 portunities to support the residents 

24 through not less than the residents’ first 2 

25 years of teaching. 
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1 ‘‘(B) SELECTION OF INDIVIDUALS AS

2 TEACHER RESIDENTS.—

3 ‘‘(i) ELIGIBLE INDIVIDUAL.—In order 

4 to be eligible to be a teacher resident in a 

5 teaching residency program under this 

6 paragraph, an individual shall—

7 ‘‘(I) be a recent graduate of a 4-

8 year institution of higher education or 

9 a mid-career professional from outside 

10 the field of education possessing 

11 strong content knowledge or a record 

12 of professional accomplishment; and 

13 ‘‘(II) submit an application to 

14 the teaching residency program. 

15 ‘‘(ii) SELECTION CRITERIA.—An eligi16 ble partnership carrying out a teaching 

17 residency program under this subpara18 graph shall establish criteria for the selec19 tion of eligible individuals to participate in 

20 the teaching residency program based on 

21 the following characteristics: 

22 ‘‘(I) Strong content knowledge or 

23 record of accomplishment in the field 

24 or subject area to be taught. 
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1 ‘‘(II) Strong verbal and written 

2 communication skills, which may be 

3 demonstrated by performance on ap4 propriate tests. 

5 ‘‘(III) Other attributes linked to 

6 effective teaching, which may be de7 termined by interviews or performance 

8 assessments, as specified by the eligi9 ble partnership. 

10 ‘‘(C) STIPEND AND SERVICE REQUIRE11 MENT.—

12 ‘‘(i) STIPEND.—A teaching residency 

13 program under this paragraph shall pro14 vide a 1-year living stipend or salary to 

15 teaching residents during the 1-year teach16 ing residency program. 

17 ‘‘(ii) SERVICE REQUIREMENT.—As a 

18 condition of receiving a stipend under this 

19 subparagraph, a teaching resident shall 

20 agree to teach in a high-need school served 

21 by the high-need local educational agency 

22 in the eligible partnership for a period of 

23 3 or more years after completing the 1-

24 year teaching residency program. 
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1 ‘‘(iii) REPAYMENT.—If a teaching 

2 resident who received a stipend under this 

3 subparagraph does not complete the serv4 ice requirement described in clause (ii), 

5 such individual shall repay to the high6 need local educational agency a pro rata 

7 portion of the stipend amount for the 

8 amount of teaching time that the indi9 vidual did not complete. 

10 ‘‘(f) ALLOWABLE USE OF GRANT FUNDS.—An eligi11 ble partnership that receives a grant under this part may 

12 use grant funds provided to carry out the activities de13 scribed in subsections (d) and (e) to partner with a tele14 vision public broadcast station, as defined in section 

15 397(6) of the Communications Act of 1934 (47 U.S.C. 

16 397(6)), for the purpose of improving the quality of pre17 baccalaureate teacher preparation programs. The partner18 ship may use such funds to enhance the quality of pre19 service training for prospective teachers, including 

20 through the use of digital educational content and related 

21 services. 

22 ‘‘(g) CONSULTATION.—

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

24 partnership that receives a grant under this section 

25 shall engage in regular consultation throughout the 
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1 development and implementation of programs and 

2 activities under this section. 

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

4 timely and meaningful consultation, regular commu5 nication shall occur among all members of the eligi6 ble partnership, including the high-need local edu7 cational agency. Such communication shall continue 

8 throughout the implementation of the grant and the 

9 assessment of programs and activities under this 

10 section. 

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

12 approve changes in grant activities of a grant under 

13 this section only if a written consent signed by all 

14 members of the eligible partnership is submitted to 

15 the Secretary. 

16 ‘‘(h) CONSTRUCTION.—Nothing in this section shall 

17 be construed to prohibit an eligible partnership from using 

18 grant funds to coordinate with the activities of eligible 

19 partnerships in other States or on a regional basis through 

20 Governors, State boards of education, State educational 

21 agencies, State agencies responsible for early childhood 

22 education, local educational agencies, or State agencies for 

23 higher education. 

24 ‘‘(i) SUPPLEMENT, NOT SUPPLANT.—Funds made 

25 available under this section shall be used to supplement, 
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1 and not supplant, other Federal, State, and local funds 

2 that would otherwise be expended to carry out activities 

3 under this section. 

4 ‘‘SEC. 203. ADMINISTRATIVE PROVISIONS. 

5 ‘‘(a) DURATION; NUMBER OF AWARDS; PAY6 MENTS.—

7 ‘‘(1) DURATION.—A grant awarded under this 

8 part shall be awarded for a period of 5 years. 

9 ‘‘(2) NUMBER OF AWARDS.—An eligible part10 nership may not receive more than 1 grant during 

11 a 5-year period. Nothing in this title shall be con12 strued to prohibit an individual member, that can 

13 demonstrate need, of an eligible partnership that re14 ceives a grant under this title from entering into an15 other eligible partnership consisting of new members 

16 and receiving a grant with such other eligible part17 nership before the 5-year period described in the 

18 preceding sentence applicable to the eligible partner19 ship with which the individual member has first 

20 partnered has expired. 

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

22 annual payments of grant funds awarded under this 

23 part. 

24 ‘‘(b) PEER REVIEW.—
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1 ‘‘(1) PANEL.—The Secretary shall provide the 

2 applications submitted under this part to a peer re3 view panel for evaluation. With respect to each ap4 plication, the peer review panel shall initially rec5 ommend the application for funding or for dis6 approval. 

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

8 to the Secretary for funding under this part, the 

9 panel shall give priority—

10 ‘‘(A) to applications from broad-based eli11 gible partnerships that involve businesses and 

12 community organizations; and 

13 ‘‘(B) to eligible partnerships so that the 

14 awards promote an equitable geographic dis15 tribution of grants among rural and urban 

16 areas. 

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

18 shall determine, based on the peer review process, 

19 which applications shall receive funding and the 

20 amounts of the grants. In determining the grant 

21 amount, the Secretary shall take into account the 

22 total amount of funds available for all grants under 

23 this part and the types of activities proposed to be 

24 carried out by the eligible partnership. 

25 ‘‘(c) MATCHING REQUIREMENTS.—
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1 ‘‘(1) IN GENERAL.—Each eligible partnership 

2 receiving a grant under this part shall provide, from 

3 non-Federal sources, an amount equal to 100 per4 cent of the amount of the grant, which may be pro5 vided in cash or in-kind, to carry out the activities 

6 supported by the grant. 

7 ‘‘(2) WAIVER.—The Secretary may waive all or 

8 part of the matching requirement described in para9 graph (1) for any fiscal year for an eligible partner10 ship, if the Secretary determines that applying the 

11 matching requirement to the eligible partnership 

12 would result in serious hardship or an inability to 

13 carry out the authorized activities described in this 

14 part. 

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

16 An eligible partnership that receives a grant under this 

17 part may use not more than 2 percent of the grant funds 

18 for purposes of administering the grant. 

19 ‘‘SEC. 204. ACCOUNTABILITY AND EVALUATION. 

20 ‘‘(a) ELIGIBLE PARTNERSHIP EVALUATION.—Each 

21 eligible partnership submitting an application for a grant 

22 under this part shall establish and include in such applica23 tion, an evaluation plan that includes strong performance 

24 objectives. The plan shall include objectives and measures 

25 for increasing—
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1 ‘‘(1) student achievement for all students as 

2 measured by the eligible partnership; 

3 ‘‘(2) teacher retention in the first 3 years of a 

4 teacher’s career; 

5 ‘‘(3) improvement in the pass rates and scaled 

6 scores for initial State certification or licensure of 

7 teachers; and 

8 ‘‘(4)(A) the percentage of highly qualified 

9 teachers hired by the high-need local educational 

10 agency participating in the eligible partnership; 

11 ‘‘(B) the percentage of such teachers who are 

12 members of under represented groups; 

13 ‘‘(C) the percentage of such teachers who teach 

14 high-need academic subject areas (such as reading, 

15 mathematics, science, and foreign language, includ16 ing less commonly taught languages and critical for17 eign languages); 

18 ‘‘(D) the percentage of such teachers who teach 

19 in high-need areas (including special education, lan20 guage instruction educational programs for limited 

21 English proficient students, and early childhood edu22 cation); 

23 ‘‘(E) the percentage of such teachers in high24 need schools, disaggregated by the elementary, mid25 dle, and high school levels; and 
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1 ‘‘(F) as applicable, the percentage of early 

2 childhood education program classes in the geo3 graphic area served by the eligible partnership 

4 taught by early childhood educators who are highly 

5 competent. 

6 ‘‘(b) INFORMATION.—An eligible partnership receiv7 ing a grant under this part shall ensure that teachers, 

8 principals, school superintendents, and faculty and leader9 ship at institutions of higher education located in the geo10 graphic areas served by the eligible partnership under this 

11 part are provided information about the activities carried 

12 out with funds under this part, including through elec13 tronic means. 

14 ‘‘(c) REVOCATION OF GRANT.—If the Secretary de15 termines that an eligible partnership receiving a grant 

16 under this part is not making substantial progress in 

17 meeting the purposes, goals, objectives, and measures, as 

18 appropriate, of the grant by the end of the third year of 

19 a grant under this part, then the Secretary shall require 

20 such eligible partnership to submit a revised application 

21 that identifies the steps the partnership will take to make 

22 substantial progress to meet the purposes, goals, objec23 tives, and measures, as appropriate, of this part. 

24 ‘‘(d) EVALUATION AND DISSEMINATION.—The Sec25 retary shall evaluate the activities funded under this part 
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1 and report the Secretary’s findings regarding the activities 

2 to the authorizing committees. The Secretary shall broadly 

3 disseminate—

4 ‘‘(1) successful practices developed by eligible 

5 partnerships under this part; and 

6 ‘‘(2) information regarding such practices that 

7 were found to be ineffective. 

8 ‘‘SEC. 205. ACCOUNTABILITY FOR PROGRAMS THAT PRE9 PARE TEACHERS. 

10 ‘‘(a) INSTITUTIONAL AND PROGRAM REPORT CARDS

11 ON THE QUALITY OF TEACHER PREPARATION.—

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

13 education that conducts a traditional teacher prepa14 ration program or alternative routes to State certifi15 cation or licensure program and that enrolls stu16 dents receiving Federal assistance under this Act 

17 shall report annually to the State and the general 

18 public, in a uniform and comprehensible manner 

19 that conforms with the definitions and methods es20 tablished by the Secretary, both for traditional 

21 teacher preparation programs and alternative routes 

22 to State certification or licensure programs, the fol23 lowing information: 

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

25 For the most recent year for which the informa-
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1 tion is available for those students who took the 

2 assessments and are enrolled in the traditional 

3 teacher preparation program or alternative 

4 routes to State certification or licensure pro5 gram, and for those who have taken the assess6 ments and have completed the traditional teach7 er preparation program or alternative routes to 

8 State certification or licensure program during 

9 the 2-year period preceding such year, for each 

10 of the assessments used for teacher certification 

11 or licensure by the State in which the program 

12 is located—

13 ‘‘(i) the percentage of students who 

14 have completed 100 percent of the nonclin15 ical coursework and taken the assessment 

16 who pass such assessment; 

17 ‘‘(ii) the percentage of all such stu18 dents who passed each such assessment; 

19 ‘‘(iii) the percentage of students tak20 ing an assessment who completed the 

21 teacher preparation program after enroll22 ing in the program, which shall be made 

23 available widely and publicly by the State; 

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

25 students who took each such assessment; 
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1 ‘‘(v) a comparison of the program’s 

2 pass rates with the average pass rates for 

3 programs in the State; and 

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

5 average scaled scores with the average 

6 scaled scores for programs in the State. 

7 ‘‘(B) PROGRAM INFORMATION.—The cri8 teria for admission into the program, the num9 ber of students in the program (disaggregated 

10 by race and gender), the average number of 

11 hours of supervised clinical experience required 

12 for those in the program, the number of full13 time equivalent faculty and students in the su14 pervised clinical experience, and the total num15 ber of students who have been certified or li16 censed as teachers, disaggregated by subject 

17 and area of certification or licensure. 

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

19 approval or accreditation of teacher preparation 

20 programs, a statement of whether the institu21 tion’s program is so approved or accredited, 

22 and by whom. 

23 ‘‘(D) DESIGNATION AS LOW-PER24 FORMING.—Whether the program has been des-
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1 ignated as low-performing by the State under 

2 section 207(a). 

3 ‘‘(E) USE OF TECHNOLOGY.—A descrip4 tion of the activities that prepare teachers to ef5 fectively integrate technology into curricula and 

6 instruction and effectively use technology to col7 lect, manage, and analyze data in order to im8 prove teaching, learning, and decisionmaking 

9 for the purpose of increasing student academic 

10 achievement. 

11 ‘‘(2) REPORT.—Each eligible partnership re12 ceiving a grant under section 202 shall report annu13 ally on the progress of the eligible partnership to14 ward meeting the purposes of this part and the ob15 jectives and measures described in section 204(a). 

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

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

18 education for failure to provide the information de19 scribed in this subsection in a timely or accurate 

20 manner. 

21 ‘‘(4) SPECIAL RULE.—In the case of an institu22 tion of higher education that conducts a traditional 

23 teacher preparation program or alternative routes to 

24 State certification or licensure program and has 

25 fewer than 10 scores reported on any single initial 
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1 teacher certification or licensure assessment during 

2 an academic year, the institution shall collect and 

3 publish information, as required under paragraph 

4 (1)(A), with respect to an average pass rate and 

5 scaled score on each State certification or licensure 

6 assessment taken over a 3-year period. 

7 ‘‘(b) STATE REPORT CARD ON THE QUALITY OF

8 TEACHER PREPARATION.—

9 ‘‘(1) IN GENERAL.—Each State that receives 

10 funds under this Act shall provide to the Secretary, 

11 annually, in a uniform and comprehensible manner 

12 that conforms with the definitions and methods es13 tablished by the Secretary, a State report card on 

14 the quality of teacher preparation in the State, both 

15 for traditional teacher preparation programs and for 

16 alternative routes to State certification or licensure 

17 programs, which shall include not less than the fol18 lowing: 

19 ‘‘(A) A description of reliability and valid20 ity of the teacher certification and licensure as21 sessments, and any other certification and licen22 sure requirements, used by the State. 

23 ‘‘(B) The standards and criteria that pro24 spective teachers must meet in order to attain 

25 initial teacher certification or licensure and to 
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1 be certified or licensed to teach particular aca2 demic subject areas or in particular grades 

3 within the State. 

4 ‘‘(C) A description of how the assessments 

5 and requirements described in subparagraph 

6 (A) are aligned with the State’s challenging 

7 academic content standards required under sec8 tion 1111(b)(1) of the Elementary and Sec9 ondary Education Act of 1965 and State early 

10 learning standards for early childhood education 

11 programs. 

12 ‘‘(D) For each of the assessments used by 

13 the State for teacher certification or licensure—

14 ‘‘(i) for each institution of higher edu15 cation located in the State and each entity 

16 located in the State that offers an alter17 native route for teacher certification or li18 censure, the percentage of students at such 

19 institution or entity who have completed 

20 100 percent of the nonclinical coursework 

21 and taken the assessment who pass such 

22 assessment; 

23 ‘‘(ii) the percentage of all such stu24 dents at all such institutions taking the as25 sessment who pass such assessment; and 
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1 ‘‘(iii) the percentage of students tak2 ing an assessment who completed the 

3 teacher preparation program after enroll4 ing in the program, which shall be made 

5 available widely and publicly by the State. 

6 ‘‘(E) A description of alternative routes to 

7 State certification or licensure in the State (in8 cluding any such routes operated by entities 

9 that are not institutions of higher education), if 

10 any, including, for each of the assessments used 

11 by the State for teacher certification or licen12 sure—

13 ‘‘(i) the percentage of individuals par14 ticipating in such routes, or who have com15 pleted such routes during the 2-year period 

16 preceding the date of the determination, 

17 who passed each such assessment; and 

18 ‘‘(ii) the average scaled score of indi19 viduals participating in such routes, or who 

20 have completed such routes during the pe21 riod preceding the date of the determina22 tion, who took each such assessment. 

23 ‘‘(F) A description of the State’s criteria 

24 for assessing the performance of teacher prepa25 ration programs within institutions of higher 
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1 education in the State. Such criteria shall in2 clude indicators of the academic content knowl3 edge and teaching skills of students enrolled in 

4 such programs. 

5 ‘‘(G) For each teacher preparation pro6 gram in the State, the criteria for admission 

7 into the program, the number of students in the 

8 program, disaggregated by race and gender (ex9 cept that such disaggregation shall not be re10 quired in a case in which the number of stu11 dents in a category is insufficient to yield sta12 tistically reliable information or the results 

13 would reveal personally identifiable information 

14 about an individual student), the average num15 ber of hours of supervised clinical experience re16 quired for those in the program, and the num17 ber of full-time equivalent faculty, adjunct fac18 ulty, and students in supervised clinical experi19 ence. 

20 ‘‘(H) For the State as a whole, and for 

21 each teacher preparation program in the State, 

22 the number of teachers prepared, in the aggre23 gate and reported separately by—

24 ‘‘(i) area of certification or licensure; 

25 ‘‘(ii) academic major; and 
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1 ‘‘(iii) subject area for which the teach2 er has been prepared to teach. 

3 ‘‘(I) Using the data generated under sub4 paragraphs (G) and (H), a description of the 

5 extent to which teacher preparation programs 

6 are helping to address shortages of highly quali7 fied teachers, by area of certification or licen8 sure, subject, and specialty, in the State’s pub9 lic schools. 

10 ‘‘(J) A description of the activities that 

11 prepare teachers to effectively integrate tech12 nology into curricula and instruction and effec13 tively use technology to collect, manage, and 

14 analyze data in order to improve teaching, 

15 learning, and decisionmaking for the purpose of 

16 increasing student academic achievement. 

17 ‘‘(2) PROHIBITION AGAINST CREATING A NA18 TIONAL LIST.—The Secretary shall not create a na19 tional list or ranking of States, institutions, or 

20 schools using the scaled scores provided under this 

21 subsection. 

22 ‘‘(c) REPORT OF THE SECRETARY ON THE QUALITY

23 OF TEACHER PREPARATION.—

24 ‘‘(1) REPORT CARD.—The Secretary shall pro25 vide to Congress, and publish and make widely avail-
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1 able, a report card on teacher qualifications and 

2 preparation in the United States, including all the 

3 information reported in subparagraphs (A) through 

4 (J) of subsection (b)(1). Such report shall identify 

5 States for which eligible partnerships received a 

6 grant under this part. Such report shall be so pro7 vided, published, and made available annually. 

8 ‘‘(2) REPORT TO CONGRESS.—The Secretary 

9 shall prepare and submit a report to Congress that 

10 contains the following: 

11 ‘‘(A) A comparison of States’ efforts to im12 prove the quality of the current and future 

13 teaching force. 

14 ‘‘(B) A comparison of eligible partnerships’ 

15 efforts to improve the quality of the current 

16 and future teaching force. 

17 ‘‘(C) The national mean and median scaled 

18 scores and pass rate on any standardized test 

19 that is used in more than 1 State for teacher 

20 certification or licensure. 

21 ‘‘(3) SPECIAL RULE.—In the case of a teacher 

22 preparation program with fewer than 10 scores re23 ported on any single initial teacher certification or li24 censure assessment during an academic year, the 

25 Secretary shall collect and publish information, and 
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1 make publicly available, with respect to an average 

2 pass rate and scaled score on each State certification 

3 or licensure assessment taken over a 3-year period. 

4 ‘‘(d) COORDINATION.—The Secretary, to the extent 

5 practicable, shall coordinate the information collected and 

6 published under this part among States for individuals 

7 who took State teacher certification or licensure assess8 ments in a State other than the State in which the indi9 vidual received the individual’s most recent degree. 

10 ‘‘SEC. 205A. TEACHER DEVELOPMENT. 

11 ‘‘(a) ANNUAL GOALS.—As a condition of receiving 

12 assistance under title IV, each institution of higher edu13 cation that conducts a traditional teacher preparation pro14 gram or alternative routes to State certification or licen15 sure program and that enrolls students receiving Federal 

16 assistance under this Act shall set annual quantifiable 

17 goals for—

18 ‘‘(1) increasing the number of prospective 

19 teachers trained in teacher shortage areas des20 ignated by the Secretary, including mathematics, 

21 science, special education, and instruction of limited 

22 English proficient students; and 

23 ‘‘(2) more closely linking the training provided 

24 by the institution with the needs of schools and the 
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1 instructional decisions new teachers face in the 

2 classroom. 

3 ‘‘(b) ASSURANCE.—As a condition of receiving assist4 ance under title IV, each institution described in sub5 section (a) shall provide an assurance to the Secretary 

6 that—

7 ‘‘(1) training provided to prospective teachers 

8 responds to the identified needs of the local edu9 cational agencies or States where the institution’s 

10 graduates are likely to teach, based on past hiring 

11 and recruitment trends; 

12 ‘‘(2) prospective special education teachers re13 ceive coursework in core academic subjects and re14 ceive training in providing instruction in core aca15 demic subjects; 

16 ‘‘(3) regular education teachers receive training 

17 in providing instruction to diverse populations, in18 cluding children with disabilities, limited English 

19 proficient students, and children from low-income 

20 families; and 

21 ‘‘(4) prospective teachers receive training on 

22 how to effectively teach in urban and rural schools. 

23 ‘‘(c) PUBLIC REPORTING.—As part of the annual re24 port card required under section 205(a)(1), an institution 

25 of higher education described in subsection (a) shall pub-
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1 licly report whether the goals established under such sub2 section have been met. 

3 ‘‘SEC. 206. 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. Such State shall provide the Secretary an annual list 

9 of such low-performing teacher preparation programs that 

10 includes an identification of those programs at risk of 

11 being placed on such list. Such levels of performance shall 

12 be determined solely by the State and may include criteria 

13 based on information collected pursuant to this part. Such 

14 assessment shall be described in the report under section 

15 205(b). 

16 ‘‘(b) TERMINATION OF ELIGIBILITY.—Any program 

17 of teacher preparation from which the State has with18 drawn the State’s approval, or terminated the State’s fi19 nancial support, due to the low performance of the pro20 gram based upon the State assessment described in sub21 section (a)—

22 ‘‘(1) shall be ineligible for any funding for pro23 fessional development activities awarded by the De24 partment; 
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1 ‘‘(2) shall not be permitted to accept or enroll 

2 any student that receives aid under title IV in the 

3 institution’s teacher preparation program; and 

4 ‘‘(3) shall provide transitional support, includ5 ing remedial services if necessary, for students en6 rolled at the institution at the time of termination 

7 of financial support or withdrawal of approval. 

8 ‘‘(c) NEGOTIATED RULEMAKING.—If the Secretary 

9 develops any regulations implementing subsection (b)(2), 

10 the Secretary shall submit such proposed regulations to 

11 a negotiated rulemaking process, which shall include rep12 resentatives of States, institutions of higher education, 

13 and educational and student organizations. 

14 ‘‘(d) APPLICATION OF THE REQUIREMENTS.—The 

15 requirements of this section shall apply to both traditional 

16 teacher preparation programs and alternative routes to 

17 State certification and licensure programs. 

18 ‘‘SEC. 207. GENERAL PROVISIONS. 

19 ‘‘(a) METHODS.—In complying with sections 205 and 

20 206, the Secretary shall ensure that States and institu21 tions of higher education use fair and equitable methods 

22 in reporting and that the reporting methods do not allow 

23 identification of individuals. 

24 ‘‘(b) SPECIAL RULE.—For each State that does not 

25 use content assessments as a means of ensuring that all 
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1 teachers teaching in core academic subjects within the 

2 State are highly qualified, as required under section 1119 

3 of the Elementary and Secondary Education Act of 1965 

4 and in accordance with the State plan submitted or revised 

5 under section 1111 of such Act, and that each person em6 ployed as a special education teacher in the State who 

7 teaches elementary school, middle school, or secondary 

8 school is highly qualified by the deadline, as required 

9 under section 612(a)(14)(C) of the Individuals with Dis10 abilities Education Act,—

11 ‘‘(1) the Secretary shall, to the extent prac12 ticable, collect data comparable to the data required 

13 under this part from States, local educational agen14 cies, institutions of higher education, or other enti15 ties that administer such assessments to teachers or 

16 prospective teachers; and 

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

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

19 requirements of this part related to assessments, 

20 pass rates, and scaled scores. 

21 ‘‘(c) RELEASE OF INFORMATION TO TEACHER PREP22 ARATION PROGRAMS.—

23 ‘‘(1) IN GENERAL.—For the purpose of improv24 ing teacher preparation programs, a State edu25 cational agency that receives funds under this Act, 
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1 or that participates as a member of a partnership, 

2 consortium, or other entity that receives such funds, 

3 shall provide to a teacher preparation program, upon 

4 the request of the teacher preparation program, any 

5 and all pertinent education-related information 

6 that—

7 ‘‘(A) may enable the teacher preparation 

8 program to evaluate the effectiveness of the 

9 program’s graduates or the program itself; and 

10 ‘‘(B) is possessed, controlled, or accessible 

11 by the State educational agency. 

12 ‘‘(2) CONTENT OF INFORMATION.—The infor13 mation described in paragraph (1)—

14 ‘‘(A) shall include an identification of spe15 cific individuals who graduated from the teach16 er preparation program to enable the teacher 

17 preparation program to evaluate the informa18 tion provided to the program from the State 

19 educational agency with the program’s own 

20 data about the specific courses taken by, and 

21 field experiences of, the individual graduates; 

22 and 

23 ‘‘(B) may include—

24 ‘‘(i) kindergarten through grade 12 

25 academic achievement and demographic 
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1 data, without revealing personally identifi2 able information about an individual stu3 dent, for students who have been taught by 

4 graduates of the teacher preparation pro5 gram; and 

6 ‘‘(ii) teacher effectiveness evaluations 

7 for teachers who graduated from the teach8 er preparation program. 

9 ‘‘SEC. 208. AUTHORIZATION OF APPROPRIATIONS. 

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

11 this part such sums as may be necessary for fiscal year 

12 2008 and each of the 5 succeeding fiscal years.’’. 

13 SEC. 202. GENERAL PROVISIONS. 

14 Title II (20 U.S.C. 1021 et seq.) is amended by add15 ing at the end the following: 

16 ‘‘PART C—GENERAL PROVISIONS 

17 ‘‘SEC. 231. LIMITATIONS. 

18 ‘‘(a) FEDERAL CONTROL PROHIBITED.—Nothing in 

19 this title shall be construed to permit, allow, encourage, 

20 or authorize any Federal control over any aspect of any 

21 private, religious, or home school, whether or not a home 

22 school is treated as a private school or home school under 

23 State law. This section shall not be construed to prohibit 

24 private, religious, or home schools from participation in 

25 programs or services under this title. 
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1 ‘‘(b) NO CHANGE IN STATE CONTROL ENCOURAGED

2 OR REQUIRED.—Nothing in this title shall be construed 

3 to encourage or require any change in a State’s treatment 

4 of any private, religious, or home school, whether or not 

5 a home school is treated as a private school or home school 

6 under State law. 

7 ‘‘(c) NATIONAL SYSTEM OF TEACHER CERTIFI8 CATION OR LICENSURE PROHIBITED.—Nothing in this 

9 title shall be construed to permit, allow, encourage, or au10 thorize the Secretary to establish or support any national 

11 system of teacher certification or licensure.’’. 

12 TITLE III—INSTITUTIONAL AID 

13 SEC. 301. PROGRAM PURPOSE. 

14 Section 311 (20 U.S.C. 1057) is amended—

15 (1) in subsection (b)—

16 (A) in paragraph (1), by striking ‘‘351’’ 

17 and inserting ‘‘391’’; and 

18 (B) in paragraph (3)(F), by inserting ‘‘, 

19 including services that will assist in the edu20 cation of special populations’’ before the period; 

21 and 

22 (2) in subsection (c)—

23 (A) in paragraph (6), by inserting ‘‘, in24 cluding innovative, customized, remedial edu25 cation and English language instruction courses 
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1 designed to help retain students and move the 

2 students rapidly into core courses and through 

3 program completion’’ before the period; 

4 (B) by redesignating paragraphs (7) 

5 through (12) as paragraphs (8) through (13), 

6 respectively; 

7 (C) by inserting after paragraph (6) the 

8 following: 

9 ‘‘(7) Education or counseling services designed 

10 to improve the financial literacy and economic lit11 eracy of students or the students’ parents.’’; 

12 (D) in paragraph (12) (as redesignated by 

13 subparagraph (B)), by striking ‘‘distance learn14 ing academic instruction capabilities’’ and in15 serting ‘‘distance education technologies’’; and 

16 (E) in the matter preceding subparagraph 

17 (A) of paragraph (13) (as redesignated by sub18 paragraph (B)), by striking ‘‘subsection (c)’’ 

19 and inserting ‘‘subsection (b) and section 391’’. 

20 SEC. 302. DEFINITIONS; ELIGIBILITY. 

21 Section 312 (20 U.S.C. 1058) is amended—

22 (1) in subsection (b)(1)(A), by striking ‘‘sub23 section (c) of this section’’ and inserting ‘‘subsection 

24 (d)’’; and 
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1 (2) in subsection (d)(2), by striking ‘‘subdivi2 sion’’ and inserting ‘‘paragraph’’. 

3 SEC. 303. AMERICAN INDIAN TRIBALLY CONTROLLED COL4 LEGES AND UNIVERSITIES. 

5 Section 316 (20 U.S.C. 1059c) is amended—

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

7 the following: 

8 ‘‘(3) TRIBAL COLLEGE OR UNIVERSITY.—The 

9 term ‘Tribal College or University’ means an institu10 tion that—

11 ‘‘(A) qualifies for funding under the Trib12 ally Controlled College or University Assistance 

13 Act of 1978 (25 U.S.C. 1801 et seq.) or the 

14 Navajo Community College Assistance Act of 

15 1978 (25 U.S.C. 640a note); or 

16 ‘‘(B) is cited in section 532 of the Equity 

17 in Educational Land-Grant Status Act of 1994 

18 (7 U.S.C. 301 note).’’; 

19 (2) in subsection (c)(2)—

20 (A) in subparagraph (B), by inserting be21 fore the semicolon at the end the following: 

22 ‘‘and the acquisition of real property adjacent 

23 to the campus of the institution’’; 
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1 (B) by redesignating subparagraphs (G), 

2 (H), (I), (J), (K), and (L) as subparagraphs 

3 (H), (I), (J), (K), (L), and (N), respectively; 

4 (C) by inserting after subparagraph (F) 

5 the following: 

6 ‘‘(G) education or counseling services de7 signed to improve the financial literacy and eco8 nomic literacy of students or the students’ par9 ents;’’; 

10 (D) in subparagraph (L) (as redesignated 

11 by subparagraph (B)), by striking ‘‘and’’ after 

12 the semicolon; 

13 (E) by inserting after subparagraph (L) 

14 (as redesignated by subparagraph (B)) the fol15 lowing: 

16 ‘‘(M) developing or improving facilities for 

17 Internet use or other distance education tech18 nologies; and’’; and 

19 (F) in subparagraph (N) (as redesignated 

20 by subparagraph (B)), by striking ‘‘subpara21 graphs (A) through (K)’’ and inserting ‘‘sub22 paragraphs (A) through (M)’’; and 

23 (3) by striking subsection (d) and inserting the 

24 following: 

25 ‘‘(d) APPLICATION, PLAN, AND ALLOCATION.—
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1 ‘‘(1) INSTITUTIONAL ELIGIBILITY.—To be eligi2 ble to receive assistance under this section, a Tribal 

3 College or University shall be an eligible institution 

4 under section 312(b). 

5 ‘‘(2) APPLICATION.—

6 ‘‘(A) IN GENERAL.—A Tribal College or 

7 University desiring to receive assistance under 

8 this section shall submit an application to the 

9 Secretary at such time, and in such manner, as 

10 the Secretary may reasonably require. 

11 ‘‘(B) STREAMLINED PROCESS.—The Sec12 retary shall establish application requirements 

13 in such a manner as to simplify and streamline 

14 the process for applying for grants. 

15 ‘‘(3) ALLOCATIONS TO INSTITUTIONS.—

16 ‘‘(A) CONSTRUCTION GRANTS.—

17 ‘‘(i) IN GENERAL.—Of the amount ap18 propriated to carry out this section for any 

19 fiscal year, the Secretary may reserve 30 

20 percent for the purpose of awarding 1-year 

21 grants of not less than $1,000,000 to ad22 dress construction, maintenance, and ren23 ovation needs at eligible institutions. 

24 ‘‘(ii) PREFERENCE.—In providing 

25 grants under clause (i), the Secretary shall 
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1 give preference to eligible institutions that 

2 have not yet received an award under this 

3 section. 

4 ‘‘(B) ALLOTMENT OF REMAINING

5 FUNDS.—

6 ‘‘(i) IN GENERAL.—Except as pro7 vided in clause (ii), the Secretary shall dis8 tribute the remaining funds appropriated 

9 for any fiscal year to each eligible institu10 tion as follows: 

11 ‘‘(I) 60 percent of the remaining 

12 appropriated funds shall be distrib13 uted among the eligible Tribal Col14 leges and Universities on a pro rata 

15 basis, based on the respective Indian 

16 student counts (as defined in section 

17 2(a) of the Tribally Controlled College 

18 or University Assistance Act of 1978 

19 (25 U.S.C. 1801(a)) of the Tribal 

20 Colleges and Universities; and 

21 ‘‘(II) the remaining 40 percent 

22 shall be distributed in equal shares to 

23 the eligible Tribal Colleges and Uni24 versities. 
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1 ‘‘(ii) MINIMUM GRANT.—The amount 

2 distributed to a Tribal College or Univer3 sity under clause (i) shall not be less than 

4 $500,000. 

5 ‘‘(4) SPECIAL RULES.—

6 ‘‘(A) CONCURRENT FUNDING.—For the 

7 purposes of this part, no Tribal College or Uni8 versity that is eligible for and receives funds 

9 under this section shall concurrently receive 

10 funds under other provisions of this part or 

11 part B. 

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

13 not apply to institutions that are eligible to re14 ceive funds under this section.’’. 

15 SEC. 304. ALASKA NATIVE AND NATIVE HAWAIIAN-SERVING 

16 INSTITUTIONS. 

17 Section 317(c)(2) (20 U.S.C. 1059d(c)(2)) is amend18 ed—

19 (1) in subparagraph (G), by striking ‘‘and’’ 

20 after the semicolon; 

21 (2) in subparagraph (H), by striking the period 

22 and inserting ‘‘; and’’; and 

23 (3) 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 or the students’ par2 ents.’’. 

3 SEC. 305. NATIVE AMERICAN-SERVING, NONTRIBAL INSTI4 TUTIONS. 

5 (a) GRANT PROGRAM AUTHORIZED.—Part A of title 

6 III (20 U.S.C. 1057 et seq.) is amended by adding at the 

7 end the following: 

8 ‘‘SEC. 318. NATIVE AMERICAN-SERVING, NONTRIBAL INSTI9 TUTIONS. 

10 ‘‘(a) PROGRAM AUTHORIZED.—The Secretary shall 

11 provide grants and related assistance to Native American12 serving, nontribal institutions to enable such institutions 

13 to improve and expand their capacity to serve Native 

14 Americans. 

15 ‘‘(b) DEFINITIONS.—In this section: 

16 ‘‘(1) NATIVE AMERICAN.—The term ‘Native 

17 American’ means an individual who is of a tribe, 

18 people, or culture that is indigenous to the United 

19 States. 

20 ‘‘(2) NATIVE AMERICAN-SERVING, NONTRIBAL

21 INSTITUTION.—The term ‘Native American-serving, 

22 nontribal institution’ means an institution of higher 

23 education that, at the time of application—
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1 ‘‘(A) has an enrollment of undergraduate 

2 students that is not less than 10 percent Native 

3 American students; and 

4 ‘‘(B) is not a Tribal College or University 

5 (as defined in section 316). 

6 ‘‘(c) AUTHORIZED ACTIVITIES.—

7 ‘‘(1) TYPES OF ACTIVITIES AUTHORIZED.—

8 Grants awarded under this section shall be used by 

9 Native American-serving, nontribal institutions to 

10 assist such institutions to plan, develop, undertake, 

11 and carry out activities to improve and expand such 

12 institutions’ capacity to serve Native Americans. 

13 ‘‘(2) EXAMPLES OF AUTHORIZED ACTIVITIES.—

14 Such programs may include—

15 ‘‘(A) the purchase, rental, or lease of sci16 entific or laboratory equipment for educational 

17 purposes, including instructional and research 

18 purposes; 

19 ‘‘(B) renovation and improvement in class20 room, library, laboratory, and other instruc21 tional facilities; 

22 ‘‘(C) support of faculty exchanges, and fac23 ulty development and faculty fellowships to as24 sist faculty in attaining advanced degrees in the 

25 faculty’s field of instruction; 
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1 ‘‘(D) curriculum development and aca2 demic instruction; 

3 ‘‘(E) the purchase of library books, peri4 odicals, microfilm, and other educational mate5 rials; 

6 ‘‘(F) funds and administrative manage7 ment, and acquisition of equipment for use in 

8 strengthening funds management; 

9 ‘‘(G) the joint use of facilities such as lab10 oratories and libraries; and 

11 ‘‘(H) academic tutoring and counseling 

12 programs and student support services. 

13 ‘‘(d) APPLICATION PROCESS.—

14 ‘‘(1) INSTITUTIONAL ELIGIBILITY.—A Native 

15 American-serving, nontribal institution desiring to 

16 receive assistance under this section shall submit to 

17 the Secretary such enrollment data as may be nec18 essary to demonstrate that the institution is a Na19 tive American-serving, nontribal institution, along 

20 with such other information and data as the Sec21 retary may by regulation require. 

22 ‘‘(2) APPLICATIONS.—

23 ‘‘(A) PERMISSION TO SUBMIT APPLICA24 TIONS.—Any institution that is determined by 

25 the Secretary to be a Native American-serving, 
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1 nontribal institution may submit an application 

2 for assistance under this section to the Sec3 retary. 

4 ‘‘(B) SIMPLIFIED AND STREAMLINED FOR5 MAT.—The Secretary shall, to the extent pos6 sible, prescribe a simplified and streamlined for7 mat for applications under this section that 

8 takes into account the limited number of insti9 tutions that are eligible for assistance under 

10 this section. 

11 ‘‘(C) CONTENT.—An application submitted 

12 under subparagraph (A) shall include—

13 ‘‘(i) a 5-year plan for improving the 

14 assistance provided by the Native Amer15 ican-serving, nontribal institution to Native 

16 Americans; and 

17 ‘‘(ii) such other information and as18 surances as the Secretary may require. 

19 ‘‘(3) SPECIAL RULES.—

20 ‘‘(A) ELIGIBILITY.—No Native American21 serving, nontribal institution that receives funds 

22 under this section shall concurrently receive 

23 funds under other provisions of this part or 

24 part B. 
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1 ‘‘(B) EXEMPTION.—Section 313(d) shall 

2 not apply to institutions that are eligible to re3 ceive funds under this section. 

4 ‘‘(C) DISTRIBUTION.—In awarding grants 

5 under this section, the Secretary shall, to the 

6 extent possible and consistent with the competi7 tive process under which such grants are 

8 awarded, ensure maximum and equitable dis9 tribution among all eligible institutions.’’. 

10 (b) MINIMUM GRANT AMOUNT.—Section 399 (20 

11 U.S.C. 1068h) is amended by adding at the end the fol12 lowing: 

13 ‘‘(c) MINIMUM GRANT AMOUNT.—The minimum 

14 amount of a grant under this title shall be $200,000.’’. 

15 SEC. 306. PART B DEFINITIONS. 

16 Section 322(4) (20 U.S.C. 1061(4)) is amended by 

17 inserting ‘‘, in consultation with the Commissioner for 

18 Education Statistics’’ before ‘‘and the Commissioner’’. 

19 SEC. 307. GRANTS TO INSTITUTIONS. 

20 Section 323(a) (20 U.S.C. 1062(a)) is amended—

21 (1) in the matter preceding paragraph (1), by 

22 striking ‘‘360(a)(2)’’ and inserting ‘‘399(a)(2)’’; 

23 (2) by redesignating paragraphs (7) through 

24 (12) as paragraphs (8) through (13), respectively; 

25 and 
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1 (3) by inserting after paragraph (6) the fol2 lowing: 

3 ‘‘(7) Education or counseling services designed 

4 to improve the financial literacy and economic lit5 eracy of students or the students’ parents.’’. 

6 SEC. 308. ALLOTMENTS TO INSTITUTIONS. 

7 Section 324 (20 U.S.C. 1063) is amended by adding 

8 at the end the following: 

9 ‘‘(h) SPECIAL RULE ON ELIGIBILITY.—Notwith10 standing any other provision of this section, a part B insti11 tution shall not receive an allotment under this section un12 less the part B institution provides, on an annual basis, 

13 data indicating that the part B institution—

14 ‘‘(1) enrolled Federal Pell Grant recipients in 

15 the preceding academic year; 

16 ‘‘(2) in the preceding academic year, has grad17 uated students from a program of academic study 

18 that is licensed or accredited by a nationally recog19 nized accrediting agency or association recognized by 

20 the Secretary pursuant to part H of title IV where 

21 appropriate; and 

22 ‘‘(3) where appropriate, has graduated students 

23 who, within the past 5 years, enrolled in graduate or 

24 professional school.’’. 
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1 SEC. 309. PROFESSIONAL OR GRADUATE INSTITUTIONS. 

2 Section 326 (20 U.S.C. 1063b) is amended—

3 (1) in subsection (c)—

4 (A) in paragraph (2), by inserting ‘‘, and 

5 for the acquisition and development of real 

6 property that is adjacent to the campus for 

7 such construction, maintenance, renovation, or 

8 improvement’’ after ‘‘services’’; 

9 (B) by redesignating paragraphs (5) 

10 through (7) as paragraphs (7) through (9), re11 spectively; 

12 (C) by inserting after paragraph (4) the 

13 following: 

14 ‘‘(5) tutoring, counseling, and student service 

15 programs designed to improve academic success; 

16 ‘‘(6) education or counseling services designed 

17 to improve the financial literacy and economic lit18 eracy of students or the students’ parents;’’; 

19 (D) in paragraph (7) (as redesignated by 

20 subparagraph (B)), by striking ‘‘establish or 

21 improve’’ and inserting ‘‘establishing or improv22 ing’’; 

23 (E) in paragraph (8) (as redesignated by 

24 subparagraph (B))—

25 (i) by striking ‘‘assist’’ and inserting 

26 ‘‘assisting’’; and 
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1 (ii) by striking ‘‘and’’ after the semi2 colon; 

3 (F) in paragraph (9) (as redesignated by 

4 subparagraph (B)), by striking the period and 

5 inserting ‘‘; and’’; and 

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

7 ‘‘(10) other activities proposed in the applica8 tion submitted under subsection (d) that—

9 ‘‘(A) contribute to carrying out the pur10 poses of this part; and 

11 ‘‘(B) are approved by the Secretary as part 

12 of the review and acceptance of such applica13 tion.’’; 

14 (2) in subsection (e)—

15 (A) in paragraph (1)—

16 (i) by inserting a colon after ‘‘the fol17 lowing’’; 

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

19 ‘‘and’’ at the end; 

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

21 the period and inserting a semicolon; and 

22 (iv) by adding at the end the fol23 lowing: 

24 ‘‘(S) Alabama State University qualified 

25 graduate program; 
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1 ‘‘(T) Coppin State University qualified 

2 graduate program; 

3 ‘‘(U) Prairie View A & M University quali4 fied graduate program; 

5 ‘‘(V) Fayetteville State University qualified 

6 graduate program; 

7 ‘‘(W) Delaware State University qualified 

8 graduate program; 

9 ‘‘(X) Langston University qualified grad10 uate program; 

11 ‘‘(Y) West Virginia State University quali12 fied graduate program; 

13 ‘‘(Z) Kentucky State University qualified 

14 graduate program; and 

15 ‘‘(AA) Grambling State University quali16 fied graduate program.’’; 

17 (B) in paragraph (2)(A)—

18 (i) by inserting ‘‘in law or’’ after ‘‘in19 struction’’; and 

20 (ii) by striking ‘‘mathematics, or’’ and 

21 inserting ‘‘mathematics, psychometrics, 

22 or’’; 

23 (C) in paragraph (3)—

24 (i) by striking ‘‘1998’’ and inserting 

25 ‘‘2007’’; and 
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1 (ii) by striking ‘‘(Q) and (R)’’ and in2 serting ‘‘(S), (T), (U), (V), (W), (X), (Y), 

3 (Z), and (AA)’’; 

4 (3) in subsection (f)—

5 (A) in paragraph (1), by striking ‘‘(P)’’ 

6 and inserting ‘‘(R)’’; 

7 (B) in paragraph (2), by striking ‘‘(Q) and 

8 (R)’’ and inserting ‘‘(S), (T), (U), (V), (W), 

9 (X), (Y), (Z), and (AA)’’; and 

10 (C) in paragraph (3)—

11 (i) in the matter preceding subpara12 graph (A), by striking ‘‘(R)’’ and inserting 

13 ‘‘(AA)’’; 

14 (ii) by striking subparagraphs (A) and 

15 (B) and inserting the following: 

16 ‘‘(A) The amount of non-Federal funds for 

17 the fiscal year for which the determination is 

18 made that the institution or program listed in 

19 subsection (e)—

20 ‘‘(i) allocates from institutional re21 sources; 

22 ‘‘(ii) secures from non-Federal 

23 sources, including amounts appropriated 

24 by the State and amounts from the private 

25 sector; and 
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1 ‘‘(iii) will utilize to match Federal 

2 funds awarded for the fiscal year for which 

3 the determination is made under this sec4 tion to the institution or program. 

5 ‘‘(B) The number of students enrolled in 

6 the qualified graduate programs of the eligible 

7 institution or program, for which the institution 

8 or program received and allocated funding 

9 under this section in the preceding year.’’; 

10 (iii) in subparagraph (C), by striking 

11 ‘‘(or the equivalent) enrolled in the eligible 

12 professional or graduate school’’ and all 

13 that follows through the period and insert14 ing ‘‘enrolled in the qualified programs or 

15 institutions listed in paragraph (1).’’; 

16 (iv) in subparagraph (D)—

17 (I) by striking ‘‘students’’ and in18 serting ‘‘Black American students or 

19 minority students’’; and 

20 (II) by striking ‘‘institution’’ and 

21 inserting ‘‘institution or program’’; 

22 and 

23 (v) by striking subparagraph (E) and 

24 inserting the following: 
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1 ‘‘(E) The percentage that the total number 

2 of Black American students and minority stu3 dents who receive their first professional, mas4 ter’s, or doctoral degrees from the institution or 

5 program in the academic year preceding the 

6 academic year for which the determination is 

7 made, represents of the total number of Black 

8 American students and minority students in the 

9 United States who receive their first profes10 sional, master’s, or doctoral degrees in the pro11 fessions or disciplines related to the course of 

12 study at such institution or program, respec13 tively, in the preceding academic year.’’; and 

14 (4) in subsection (g), by striking ‘‘1998’’ and 

15 inserting ‘‘2007’’. 

16 SEC. 310. AUTHORITY OF THE SECRETARY. 

17 Section 345 (20 U.S.C. 1066d) is amended—

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

19 the semicolon; 

20 (2) in paragraph (7), by striking the period at 

21 the end and inserting ‘‘; and’’; and 

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

23 ‘‘(8) not later than 90 days after the date of 

24 enactment of the Higher Education Amendments of 

25 2007, shall submit to the authorizing committees a 
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1 report on the progress of the Department in imple2 menting the recommendations made by the Govern3 ment Accountability Office in October 2006 for im4 proving the Historically Black College and Univer5 sities Capital Financing Program.’’. 

6 SEC. 311. AUTHORIZATION OF APPROPRIATIONS. 

7 Subsection (a) of section 399 (20 U.S.C. 1068h) is 

8 amended to read as follows: 

9 ‘‘(a) AUTHORIZATIONS.—

10 ‘‘(1) PART A.—(A) There are authorized to be 

11 appropriated to carry out part A (other than sec12 tions 316, 317, and 318) such sums as may be nec13 essary for fiscal year 2008 and each of the 5 suc14 ceeding fiscal years. 

15 ‘‘(B) There are authorized to be appropriated 

16 to carry out section 316 such sums as may be nec17 essary for fiscal year 2008 and each of the 5 suc18 ceeding fiscal years. 

19 ‘‘(C) There are authorized to be appropriated to 

20 carry out section 317 such sums as may be nec21 essary for fiscal year 2008 and each of the 5 suc22 ceeding fiscal years. 

23 ‘‘(D) There are authorized to be appropriated 

24 to carry out section 318 such sums as may be nec-
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1 essary for fiscal year 2008 and each of the 5 suc2 ceeding fiscal years. 

3 ‘‘(2) PART B.—(A) There are authorized to be 

4 appropriated to carry out part B (other than section 

5 326) such sums as may be necessary for fiscal year 

6 2008 and each of the 5 succeeding fiscal years. 

7 ‘‘(B) There are authorized to be appropriated 

8 to carry out section 326 such sums as may be nec9 essary for fiscal year 2008 and each of the 5 suc10 ceeding fiscal years. 

11 ‘‘(3) PART C.—There are authorized to be ap12 propriated to carry out part C such sums as may be 

13 necessary for fiscal year 2008 and each of the 5 suc14 ceeding fiscal years. 

15 ‘‘(4) PART D.—(A) There are authorized to be 

16 appropriated to carry out part D (other than section 

17 345(7), but including section 347) such sums as 

18 may be necessary for fiscal year 2008 and each of 

19 the 5 succeeding fiscal years. 

20 ‘‘(B) There are authorized to be appropriated 

21 to carry out section 345(7) such sums as may be 

22 necessary for fiscal year 2008 and each of the 5 suc23 ceeding fiscal years. 

24 ‘‘(5) PART E.—There are authorized to be ap25 propriated to carry out part E such sums as may be 
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1 necessary for fiscal year 2008 and each of the 5 suc2 ceeding fiscal years.’’. 

3 SEC. 312. TECHNICAL CORRECTIONS. 

4 Title III (20 U.S.C. 1051 et seq.) is further amend5 ed—

6 (1) in section 342(5)(C) (20 U.S.C. 

7 1066a(5)(C)), by striking ‘‘,,’’ and inserting ‘‘,’’; 

8 (2) in section 343(e) (20 U.S.C. 1066b(e)), by 

9 inserting ‘‘SALE OF QUALIFIED BONDS.—’’ before 

10 ‘‘Notwithstanding’’; 

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

12 365(9)(A) (20 U.S.C. 1067k(9)(A)), by striking 

13 ‘‘support’’ and inserting ‘‘supports’’; 

14 (4) in section 391(b)(7)(E) (20 U.S.C. 

15 1068(b)(7)(E)), by striking ‘‘subparagraph (E)’’ and 

16 inserting ‘‘subparagraph (D)’’; 

17 (5) in the matter preceding subparagraph (A) 

18 of section 392(b)(2) (20 U.S.C. 1068a(b)(2)), by 

19 striking ‘‘eligible institutions under part A institu20 tions’’ and inserting ‘‘eligible institutions under part 

21 A’’; and 

22 (6) in the matter preceding paragraph (1) of 

23 section 396 (20 U.S.C. 1068e), by striking ‘‘360’’ 

24 and inserting ‘‘399’’. 
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1 TITLE IV—STUDENT ASSISTANCE 

2 PART A—GRANTS TO STUDENTS IN ATTENDANCE 

3 AT INSTITUTIONS OF HIGHER EDUCATION 

4 SEC. 401. FEDERAL PELL GRANTS. 

5 (a) AMENDMENTS.—Section 401 (20 U.S.C. 1070a) 

6 is amended—

7 (1) in subsection (a)—

8 (A) in paragraph (1)—

9 (i) in the first sentence, by striking 

10 ‘‘2004’’ and inserting ‘‘2013’’; and 

11 (ii) in the second sentence, by striking 

12 ‘‘,,’’ and inserting ‘‘,’’; and 

13 (B) in paragraph (3), by striking ‘‘this 

14 subpart’’ and inserting ‘‘this section’’; 

15 (2) in subsection (b)—

16 (A) by striking paragraph (2)(A) and in17 serting the following: 

18 ‘‘(2)(A) The amount of the Federal Pell Grant for 

19 a student eligible under this part shall be—

20 ‘‘(i) $5,400 for academic year 2008–2009; 

21 ‘‘(ii) $5,700 for academic year 2009–2010; 

22 ‘‘(iii) $6,000 for academic year 2010–2011; and 

23 ‘‘(iv) $6,300 for academic year 2011–2012, 
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1 less an amount equal to the amount determined to be the 

2 expected family contribution with respect to that student 

3 for that year.’’; 

4 (B) by striking paragraph (3); 

5 (C) in paragraph (5), by striking ‘‘$400, 

6 except’’ and all that follows through the period 

7 and inserting ‘‘10 percent of the maximum 

8 basic grant level specified in the appropriate 

9 Appropriation Act for such academic year, ex10 cept that a student who is eligible for a Federal 

11 Pell Grant in an amount that is equal to or 

12 greater than 5 percent of such level but less 

13 than 10 percent of such level shall be awarded 

14 a Federal Pell grant in the amount of 10 per15 cent of such level.’’; and 

16 (D) by striking paragraph (6) and insert17 ing the following: 

18 ‘‘(6) In the case of a student who is enrolled, on at 

19 least a half-time basis and for a period of more than 1 

20 academic year in a single award year in a 2-year or 4-

21 year program of instruction for which an institution of 

22 higher education awards an associate or baccalaureate de23 gree, the Secretary shall award such student not more 

24 than 2 Federal Pell Grants during that award year to per25 mit such student to accelerate the student’s progress to-
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1 ward a degree. In the case of a student receiving more 

2 than 1 Federal Pell Grant in a single award year, the total 

3 amount of Federal Pell Grants awarded to such student 

4 for the award year may exceed the maximum basic grant 

5 level specified in the appropriate appropriations Act for 

6 such award year.’’; and 

7 (3) in subsection (c), by adding at the end the 

8 following: 

9 ‘‘(5) The period of time during which a student may 

10 receive Federal Pell Grants shall not exceed 18 semesters, 

11 or an equivalent period of time as determined by the Sec12 retary pursuant to regulations, which period shall—

13 ‘‘(A) be determined without regard to whether 

14 the student is enrolled on a full-time basis during 

15 any portion of the period of time; and 

16 ‘‘(B) include any period of time for which the 

17 student received a Federal Pell Grant prior to July 

18 1, 2008.’’. 

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

20 subsection (a) shall take effect on July 1, 2008. 

21 SEC. 402. ACADEMIC COMPETITIVENESS GRANTS. 

22 Section 401A (20 U.S.C. 1070a–1) is amended—

23 (1) by striking subsection (a) and inserting the 

24 following: 
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1 ‘‘(a) ACADEMIC COMPETITIVENESS GRANT PROGRAM

2 AUTHORIZED.—The Secretary shall award grants, in the 

3 amounts specified in subsection (d)(1), to eligible students 

4 to assist the eligible students in paying their college edu5 cation expenses.’’; 

6 (2) in subsection (b)—

7 (A) in paragraph (1), by striking ‘‘aca8 demic’’; and 

9 (B) in paragraph (2), by striking ‘‘third or 

10 fourth academic’’ and inserting ‘‘third, fourth, 

11 or fifth’’; 

12 (3) in subsection (c)—

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

14 by striking ‘‘full-time’’ and all that follows 

15 through ‘‘is made’’ and inserting ‘‘student 

16 who’’; 

17 (B) by striking paragraph (1) and insert18 ing the following: 

19 ‘‘(1) is eligible for a Federal Pell Grant for the 

20 award year in which the determination of eligibility 

21 is made for a grant under this section;’’; 

22 (C) by striking paragraph (2) and insert23 ing the following: 
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1 ‘‘(2) is enrolled or accepted for enrollment in an 

2 institution of higher education on not less than a 

3 half-time basis; and’’; and 

4 (D) in paragraph (3)—

5 (i) by striking subparagraph (A) and 

6 inserting the following: 

7 ‘‘(A) the first year of a program of under8 graduate education at a 2- or 4-year degree9 granting institution of higher education (includ10 ing a program of not less than 1 year for which 

11 the institution awards a certificate), has suc12 cessfully completed, after January 1, 2006, a 

13 rigorous secondary school program of study es14 tablished by a State or local educational agency 

15 and recognized as such by the Secretary;’’; 

16 (ii) in subparagraph (B)—

17 (I) in the matter preceding clause 

18 (i), by striking ‘‘academic’’ and all 

19 that follows through ‘‘higher edu20 cation’’ and inserting ‘‘year of a pro21 gram of undergraduate education at a 

22 2- or 4-year degree-granting institu23 tion of higher education (including a 

24 program of not less than 2 years for 
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1 which the institution awards a certifi2 cate)’’; and 

3 (II) in clause (ii)—

4 (aa) by striking ‘‘academic’’; 

5 and 

6 (bb) by striking ‘‘or’’ after 

7 the semicolon at the end; 

8 (iii) in subparagraph (C)—

9 (I) by striking ‘‘academic’’; 

10 (II) by striking ‘‘four’’ and in11 serting ‘‘4’’; 

12 (III) by striking clause (i)(II) 

13 and inserting the following: 

14 ‘‘(II) a critical foreign language; 

15 and’’; and 

16 (IV) in clause (ii), by striking the 

17 period at the end and inserting a 

18 semicolon; and 

19 (iv) by adding at the end the fol20 lowing: 

21 ‘‘(D) the third or fourth year of a program 

22 of undergraduate education at an institution of 

23 higher education (as defined in section 101(a)) 

24 that demonstrates, to the satisfaction of the 

25 Secretary, that the institution—
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1 ‘‘(i) offers a single liberal arts cur2 riculum leading to a baccalaureate degree, 

3 under which students are not permitted by 

4 the institution to declare a major in a par5 ticular subject area, and those students—

6 ‘‘(I) study, in such years, a sub7 ject described in subparagraph (C)(i) 

8 that is at least equal to the require9 ments for an academic major at an in10 stitution of higher education that of11 fers a baccalaureate degree in such 

12 subject, as certified by an appropriate 

13 official from the institution; or 

14 ‘‘(II) are required, as part of 

15 their degree program, to undertake a 

16 rigorous course of study in mathe17 matics, biology, chemistry, and phys18 ics, which consists of at least—

19 ‘‘(aa) 4 years of study in 

20 mathematics; and 

21 ‘‘(bb) 3 years of study in the 

22 sciences, with a laboratory com23 ponent in each of those years; 

24 and 
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1 ‘‘(ii) offered such curriculum prior to 

2 February 8, 2006; or 

3 ‘‘(E) the fifth year of a program of under4 graduate education that requires 5 full years of 

5 coursework for which a baccalaureate degree is 

6 awarded by a degree-granting institution of 

7 higher education, as certified by the appropriate 

8 official of such institution—

9 ‘‘(i) is pursuing a major in—

10 ‘‘(I) the physical, life, or com11 puter sciences, mathematics, tech12 nology, or engineering (as determined 

13 by the Secretary pursuant to regula14 tions); or 

15 ‘‘(II) a critical foreign language; 

16 and 

17 ‘‘(ii) has obtained a cumulative grade 

18 point average of at least 3.0 (or the equiv19 alent, as determined under regulations pre20 scribed by the Secretary) in the coursework 

21 required for the major described in clause 

22 (i).’’; 

23 (4) in subsection (d)—

24 (A) in paragraph (1)—

25 (i) in subparagraph (A)—
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1 (I) by striking ‘‘The’’ and insert2 ing ‘‘IN GENERAL.—The’’; 

3 (II) in clause (ii), by striking 

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

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

6 ‘‘subsection (c)(3)(C).’’ and inserting 

7 ‘‘subparagraph (C) or (D) of sub8 section (c)(3), for each of the 2 years 

9 described in such subparagraphs; or’’; 

10 and 

11 (IV) by adding at the end the fol12 lowing: 

13 ‘‘(iv) $4,000 for an eligible student 

14 under subsection (c)(3)(E).’’; and 

15 (ii) in subparagraph (B)—

16 (I) by striking ‘‘Notwith17 standing’’ and inserting ‘‘LIMITATION; 

18 RATABLE REDUCTION.—Notwith19 standing’’; 

20 (II) by redesignating clauses (i), 

21 (ii), and (iii), as clauses (ii), (iii), and 

22 (iv), respectively; and 

23 (III) by inserting before clause 

24 (ii), as redesignated under subclause 

25 (II), the following: 
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1 ‘‘(i) in any case in which a student at2 tends an institution of higher education on 

3 less than a full-time basis, the amount of 

4 the grant that such student may receive 

5 shall be reduced in the same manner as a 

6 Federal Pell Grant is reduced under sec7 tion 401(b)(2)(B);’’; 

8 (B) by striking paragraph (2) and insert9 ing the following: 

10 ‘‘(2) LIMITATIONS.—

11 ‘‘(A) NO GRANTS FOR PREVIOUS CRED12 IT.—The Secretary may not award a grant 

13 under this section to any student for any year 

14 of a program of undergraduate education for 

15 which the student received credit before the 

16 date of enactment of the Higher Education 

17 Reconciliation Act of 2005. 

18 ‘‘(B) NUMBER OF GRANTS.—

19 ‘‘(i) FIRST YEAR.—In the case of a 

20 student described in subsection (c)(3)(A), 

21 the Secretary may not award more than 1 

22 grant to such student for such first year of 

23 study. 

24 ‘‘(ii) SECOND YEAR.—In the case of a 

25 student described in subsection (c)(3)(B), 
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1 the Secretary may not award more than 1 

2 grant to such student for such second year 

3 of study. 

4 ‘‘(iii) THIRD AND FOURTH YEARS.—

5 In the case of a student described in sub6 paragraph (C) or (D) of subsection (c)(3), 

7 the Secretary may not award more than 1 

8 grant to such student for each of the third 

9 and fourth years of study. 

10 ‘‘(iv) FIFTH YEAR.—In the case of a 

11 student described in subsection (c)(3)(E), 

12 the Secretary may not award more than 1 

13 grant to such student for such fifth year of 

14 study.’’; and 

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

16 ‘‘(3) CALCULATION OF GRANT PAYMENTS.—An 

17 institution of higher education shall make payments 

18 of a grant awarded under this section in the same 

19 manner, using the same payment periods, as such 

20 institution makes payments for Federal Pell Grants 

21 under section 401.’’; 

22 (5) by striking subsection (e)(2) and inserting 

23 the following: 
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1 ‘‘(2) AVAILABILITY OF FUNDS.—Funds made 

2 available under paragraph (1) for a fiscal year shall 

3 remain available for the succeeding fiscal year.’’; 

4 (6) in subsection (f)—

5 (A) by striking ‘‘at least one’’ and insert6 ing ‘‘not less than 1’’; and 

7 (B) by striking ‘‘subsection (c)(3)(A) and 

8 (B)’’ and inserting ‘‘subparagraphs (A) and (B) 

9 of subsection (c)(3)’’; and 

10 (7) in subsection (g), by striking ‘‘academic’’ 

11 and inserting ‘‘award’’. 

12 SEC. 403. FEDERAL TRIO PROGRAMS. 

13 (a) PROGRAM AUTHORITY; AUTHORIZATION OF AP14 PROPRIATIONS.—Section 402A (20 U.S.C. 1070a–11) is 

15 amended—

16 (1) in subsection (b)—

17 (A) in paragraph (2)—

18 (i) in the matter preceding subpara19 graph (A), by striking ‘‘4’’ and inserting 

20 ‘‘5’’; 

21 (ii) by striking subparagraph (A); and 

22 (iii) by redesignating subparagraphs 

23 (B) and (C) as subparagraphs (A) and 

24 (B), respectively; and 
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1 (B) by striking paragraph (3) and insert2 ing the following: 

3 ‘‘(3) MINIMUM GRANTS.—Unless the institution 

4 or agency requests a smaller amount, an individual 

5 grant authorized under this chapter shall be award6 ed in an amount that is not less than $200,000, ex7 cept that an individual grant authorized under sec8 tion 402G shall be awarded in an amount that is not 

9 less than $170,000.’’; 

10 (2) in subsection (c)—

11 (A) in paragraph (2), by striking ‘‘service 

12 delivery’’ and inserting ‘‘high quality service de13 livery, as determined under subsection (f),’’; 

14 (B) in paragraph (3)(B), by striking ‘‘is 

15 not required to’’ and inserting ‘‘shall not’’; and 

16 (C) in paragraph (5), by striking ‘‘cam17 puses’’ and inserting ‘‘different campuses’’; 

18 (3) in subsection (e), by striking ‘‘(g)(2)’’ each 

19 place the term occurs and inserting ‘‘(h)(4)’’; 

20 (4) by redesignating subsections (f) and (g) as 

21 subsections (g) and (h), respectively; 

22 (5) by inserting after subsection (e) the fol23 lowing: 

24 ‘‘(f) OUTCOME CRITERIA.—
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1 ‘‘(1) USE FOR PRIOR EXPERIENCE DETERMINA2 TION.—The Secretary shall use the outcome criteria 

3 described in paragraphs (2) and (3) to evaluate the 

4 programs provided by a recipient of a grant under 

5 this chapter, and the Secretary shall determine an 

6 eligible entity’s prior experience of high quality serv7 ice delivery, as required under subsection (c)(2), 

8 based on the outcome criteria. 

9 ‘‘(2) DISAGGREGATION OF RELEVANT DATA.—

10 The outcome criteria under this subsection shall be 

11 disaggregated by low-income students, first genera12 tion college students, and individuals with disabil13 ities, in the schools and institutions of higher edu14 cation served by the program to be evaluated. 

15 ‘‘(3) CONTENTS OF OUTCOME CRITERIA.—The 

16 outcome criteria under this subsection shall measure, 

17 annually and for longer periods, the quality and ef18 fectiveness of programs authorized under this chap19 ter and shall include the following: 

20 ‘‘(A) For programs authorized under sec21 tion 402B, the extent to which the eligible enti22 ty met or exceeded the entity’s objectives estab23 lished in the entity’s application for such pro24 gram regarding—
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1 ‘‘(i) the delivery of service to a total 

2 number of students served by the program; 

3 ‘‘(ii) the continued secondary school 

4 enrollment of such students; 

5 ‘‘(iii) the graduation of such students 

6 from secondary school; 

7 ‘‘(iv) the enrollment of such students 

8 in an institution of higher education; and 

9 ‘‘(v) to the extent practicable, the 

10 postsecondary education completion of 

11 such students. 

12 ‘‘(B) For programs authorized under sec13 tion 402C, the extent to which the eligible enti14 ty met or exceeded the entity’s objectives for 

15 such program regarding—

16 ‘‘(i) the delivery of service to a total 

17 number of students served by the program, 

18 as agreed upon by the entity and the Sec19 retary for the period; 

20 ‘‘(ii) such students’ school perform21 ance, as measured by the grade point aver22 age, or its equivalent; 

23 ‘‘(iii) such students’ academic per24 formance, as measured by standardized 
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1 tests, including tests required by the stu2 dents’ State; 

3 ‘‘(iv) the retention in, and graduation 

4 from, secondary school of such students; 

5 and 

6 ‘‘(v) the enrollment of such students 

7 in an institution of higher education. 

8 ‘‘(C) For programs authorized under sec9 tion 402D—

10 ‘‘(i) the extent to which the eligible 

11 entity met or exceeded the entity’s objec12 tives regarding the retention in postsec13 ondary education of the students served by 

14 the program; 

15 ‘‘(ii)(I) in the case of an entity that is 

16 an institution of higher education offering 

17 a baccalaureate degree, the extent to which 

18 the entity met or exceeded the entity’s ob19 jectives regarding such students’ comple20 tion of the degree programs in which such 

21 students were enrolled; or 

22 ‘‘(II) in the case of an entity that is 

23 an institution of higher education that does 

24 not offer a baccalaureate degree, the extent 
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1 to which the entity met or exceeded the en2 tity’s objectives regarding—

3 ‘‘(aa) the completion of a degree 

4 or certificate by such students; and 

5 ‘‘(bb) the transfer of such stu6 dents to institutions of higher edu7 cation that offer baccalaureate de8 grees; 

9 ‘‘(iii) the extent to which the entity 

10 met or exceeded the entity’s objectives re11 garding the delivery of service to a total 

12 number of students, as agreed upon by the 

13 entity and the Secretary for the period; 

14 and 

15 ‘‘(iv) the extent to which the entity 

16 met or exceeded the entity’s objectives re17 garding such students remaining in good 

18 academic standing. 

19 ‘‘(D) For programs authorized under sec20 tion 402E, the extent to which the entity met 

21 or exceeded the entity’s objectives for such pro22 gram regarding—

23 ‘‘(i) the delivery of service to a total 

24 number of students, as agreed upon by the 

25 entity and the Secretary for the period; 
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1 ‘‘(ii) the provision of appropriate 

2 scholarly and research activities for the 

3 students served by the program; 

4 ‘‘(iii) the acceptance and enrollment 

5 of such students in graduate programs; 

6 and 

7 ‘‘(iv) the continued enrollment of such 

8 students in graduate study and the attain9 ment of doctoral degrees by former pro10 gram participants. 

11 ‘‘(E) For programs authorized under sec12 tion 402F, the extent to which the entity met 

13 or exceeded the entity’s objectives for such pro14 gram regarding—

15 ‘‘(i) the enrollment of students with16 out a secondary school diploma or its rec17 ognized equivalent, who were served by the 

18 program, in programs leading to such di19 ploma or equivalent; 

20 ‘‘(ii) the enrollment of secondary 

21 school graduates who were served by the 

22 program in programs of postsecondary 

23 education; 

24 ‘‘(iii) the delivery of service to a total 

25 number of students, as agreed upon by the 
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1 entity and the Secretary for the period; 

2 and 

3 ‘‘(iv) the provision of assistance to 

4 students served by the program in com5 pleting financial aid applications and col6 lege admission applications. 

7 ‘‘(4) MEASUREMENT OF PROGRESS.—In order 

8 to determine the extent to which an outcome cri9 terion described in paragraphs (2) or (3) is met or 

10 exceeded, an eligible entity receiving assistance 

11 under this chapter shall compare the eligible entity’s 

12 target for the criterion, as established in the eligible 

13 entity’s application, with the results for the cri14 terion, measured as of the last day of the applicable 

15 time period for the determination.’’; 

16 (6) in subsection (g) (as redesignated by para17 graph (4))—

18 (A) in the first sentence, by striking 

19 ‘‘$700,000,000 for fiscal year 1999’’ and all 

20 that follows through the period and inserting 

21 ‘‘such sums as may be necessary for fiscal year 

22 2008 and each of the 5 succeeding fiscal 

23 years.’’; and 

24 (B) by striking the fourth sentence; and 
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1 (7) in subsection (h) (as redesignated by para2 graph (4))—

3 (A) by redesignating paragraphs (1) 

4 through (4) as paragraphs (3) through (6), re5 spectively; 

6 (B) by inserting before paragraph (3) (as 

7 redesignated by subparagraph (A)) the fol8 lowing: 

9 ‘‘(1) DIFFERENT CAMPUS.—The term ‘different 

10 campus’ means a site of an institution of higher edu11 cation that—

12 ‘‘(A) is geographically apart from the main 

13 campus of the institution; 

14 ‘‘(B) is permanent in nature; and 

15 ‘‘(C) offers courses in educational pro16 grams leading to a degree, certificate, or other 

17 recognized educational credential. 

18 ‘‘(2) DIFFERENT POPULATION.—The term ‘dif19 ferent population’ means a group of individuals, with 

20 respect to whom an eligible entity desires to serve 

21 through an application for a grant under this chap22 ter, that—

23 ‘‘(A) is separate and distinct from any 

24 other population that the entity has applied for 

25 a grant under this chapter to serve; or 
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1 ‘‘(B) while sharing some of the same needs 

2 as another population that the eligible entity 

3 has applied for a grant under this chapter to 

4 serve, has distinct needs for specialized serv5 ices.’’; 

6 (C) in paragraph (5) (as redesignated by 

7 subparagraph (A))—

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

9 ‘‘or’’ after the semicolon; 

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

11 the period at the end and inserting ‘‘; or’’; 

12 and 

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

15 ‘‘(C) was a member of a reserve component 

16 of the Armed Forces called to active duty for a 

17 period of more than 180 days.’’; and 

18 (D) in paragraph (6), by striking ‘‘sub19 paragraph (A) or (B) of paragraph (3)’’ and in20 serting ‘‘subparagraph (A), (B), or (C) of para21 graph (5)’’. 

22 (b) TALENT SEARCH.—Section 402B (20 U.S.C. 

23 1070a–12) is amended—

24 (1) in subsection (a)—
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1 (A) in paragraph (1), by striking ‘‘to iden2 tify qualified youths with potential for edu3 cation at the postsecondary level and to encour4 age such youths’’ and inserting ‘‘to encourage 

5 eligible youths’’; 

6 (B) in paragraph (2), by inserting ‘‘, and 

7 facilitate the application for,’’ after ‘‘the avail8 ability of’’; and 

9 (C) in paragraph (3), by striking ‘‘, but 

10 who have the ability to complete such programs, 

11 to reenter’’ and inserting ‘‘to enter or reenter, 

12 and complete’’; 

13 (2) by redesignating subsection (c) as sub14 section (d); 

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

16 following: 

17 ‘‘(b) REQUIRED SERVICES.—Any project assisted 

18 under this section shall provide—

19 ‘‘(1) academic tutoring, or connections to high 

20 quality academic tutoring services, to enable stu21 dents to complete secondary or postsecondary 

22 courses, which may include instruction in reading, 

23 writing, study skills, mathematics, science, and other 

24 subjects; 
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1 ‘‘(2) advice and assistance in secondary course 

2 selection and, if applicable, initial postsecondary 

3 course selection; 

4 ‘‘(3) assistance in preparing for college entrance 

5 examinations and completing college admission ap6 plications; 

7 ‘‘(4)(A) information on both the full range of 

8 Federal student financial aid programs (including 

9 Federal Pell Grant awards and loan forgiveness) and 

10 resources for locating public and private scholar11 ships; and 

12 ‘‘(B) assistance in completing financial aid ap13 plications, including the Free Application for Fed14 eral Student Aid described in section 483(a); 

15 ‘‘(5) guidance on and assistance in—

16 ‘‘(A) secondary school reentry; 

17 ‘‘(B) alternative education programs for 

18 secondary school dropouts that lead to the re19 ceipt of a regular secondary school diploma; 

20 ‘‘(C) entry into general educational devel21 opment (GED) programs; or 

22 ‘‘(D) postsecondary education; and 

23 ‘‘(6) education or counseling services designed 

24 to improve the financial literacy and economic lit-
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1 eracy of students or the students’ parents, including 

2 financial planning for postsecondary education. 

3 ‘‘(c) PERMISSIBLE SERVICES.—Any project assisted 

4 under this section may provide services such as—

5 ‘‘(1) personal and career counseling or activi6 ties; 

7 ‘‘(2) information and activities designed to ac8 quaint youths with the range of career options avail9 able to the youths; 

10 ‘‘(3) exposure to the campuses of institutions of 

11 higher education, as well as cultural events, aca12 demic programs, and other sites or activities not 

13 usually available to disadvantaged youth; 

14 ‘‘(4) workshops and counseling for families of 

15 students served; 

16 ‘‘(5) mentoring programs involving elementary 

17 or secondary school teachers or counselors, faculty 

18 members at institutions of higher education, stu19 dents, or any combination of such persons; and 

20 ‘‘(6) programs and activities as described in 

21 subsection (b) or paragraphs (1) through (5) of this 

22 subsection that are specially designed for students 

23 who are limited English proficient, students with 

24 disabilities, students who are homeless children and 

25 youths (as such term is defined in section 725 of the 
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1 McKinney-Vento Homeless Assistance Act (42 

2 U.S.C. 11434a)), or students who are in foster care 

3 or are aging out of the foster care system.’’; and 

4 (4) in the matter preceding paragraph (1) of 

5 subsection (d) (as redesignated by paragraph (2)), 

6 by striking ‘‘talent search projects under this chap7 ter’’ and inserting ‘‘projects under this section’’. 

8 (c) UPWARD BOUND.—Section 402C (20 U.S.C. 

9 1070a–13) is amended—

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

11 following: 

12 ‘‘(b) REQUIRED SERVICES.—Any project assisted 

13 under this section shall provide—

14 ‘‘(1) academic tutoring to enable students to 

15 complete secondary or postsecondary courses, which 

16 may include instruction in reading, writing, study 

17 skills, mathematics, science, and other subjects; 

18 ‘‘(2) advice and assistance in secondary and 

19 postsecondary course selection; 

20 ‘‘(3) assistance in preparing for college entrance 

21 examinations and completing college admission ap22 plications; 

23 ‘‘(4)(A) information on both the full range of 

24 Federal student financial aid programs (including 

25 Federal Pell Grant awards and loan forgiveness) and 
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1 resources for locating public and private scholar2 ships; and 

3 ‘‘(B) assistance in completing financial aid ap4 plications, including the Free Application for Fed5 eral Student Aid described in section 483(a); 

6 ‘‘(5) guidance on and assistance in—

7 ‘‘(A) secondary school reentry; 

8 ‘‘(B) alternative education programs for 

9 secondary school dropouts that lead to the re10 ceipt of a regular secondary school diploma; 

11 ‘‘(C) entry into general educational devel12 opment (GED) programs; or 

13 ‘‘(D) postsecondary education; and 

14 ‘‘(6) education or counseling services designed 

15 to improve the financial literacy and economic lit16 eracy of students or the students’ parents, including 

17 financial planning for postsecondary education.’’; 

18 (2) in subsection (c)—

19 (A) in the subsection heading, by striking 

20 ‘‘REQUIRED SERVICES’’ and inserting ‘‘ADDI21 TIONAL REQUIRED SERVICES FOR MULTIPLE22 YEAR GRANT RECIPIENTS’’; and 

23 (B) by striking ‘‘upward bound project as24 sisted under this chapter’’ and inserting 

25 ‘‘project assisted under this section’’; 
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1 (3) by redesignating subsections (d) and (e) as 

2 subsections (f) and (g), respectively; 

3 (4) by inserting after subsection (c) the fol4 lowing: 

5 ‘‘(d) PERMISSIBLE SERVICES.—Any project assisted 

6 under this section may provide such services as—

7 ‘‘(1) exposure to cultural events, academic pro8 grams, and other activities not usually available to 

9 disadvantaged youth; 

10 ‘‘(2) information, activities and instruction de11 signed to acquaint youths participating in the 

12 project with the range of career options available to 

13 the youths; 

14 ‘‘(3) on-campus residential programs; 

15 ‘‘(4) mentoring programs involving elementary 

16 school or secondary school teachers or counselors, 

17 faculty members at institutions of higher education, 

18 students, or any combination of such persons; 

19 ‘‘(5) work-study positions where youth partici20 pating in the project are exposed to careers requir21 ing a postsecondary degree; 

22 ‘‘(6) special services to enable veterans to make 

23 the transition to postsecondary education; and 

24 ‘‘(7) programs and activities as described in 

25 subsection (b), subsection (c), or paragraphs (1) 
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1 through (6) of this subsection that are specially de2 signed for students who are limited English pro3 ficient, students with disabilities, students who are 

4 homeless children and youths (as such term is de5 fined in section 725 of the McKinney-Vento Home6 less Assistance Act (42 U.S.C. 11434a)), or students 

7 who are in foster care or are aging out of the foster 

8 care system. 

9 ‘‘(e) PRIORITY.—In providing assistance under this 

10 section the Secretary—

11 ‘‘(1) shall give priority to projects assisted 

12 under this section that select not less than 30 per13 cent of all first-time participants in the projects 

14 from students who have a high academic risk for 

15 failure; and 

16 ‘‘(2) shall not deny participation in a project 

17 assisted under this section to a student because the 

18 student will enter the project after the 9th grade.’’; 

19 (5) in the matter preceding paragraph (1) of 

20 subsection (f) (as redesignated by paragraph (3)), by 

21 striking ‘‘upward bound projects under this chapter’’ 

22 and inserting ‘‘projects under this section’’; and 

23 (6) in subsection (g) (as redesignated by para24 graph (3))—
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1 (A) by striking ‘‘during June, July, and 

2 August’’ each place the term occurs and insert3 ing ‘‘during the summer school recess, for a pe4 riod not to exceed 3 months’’; and 

5 (B) by striking ‘‘(b)(10)’’ and inserting 

6 ‘‘(d)(5)’’. 

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

8 ‘‘(h) ADDITIONAL FUNDS.—

9 ‘‘(1) AUTHORIZATION.—There are authorized to 

10 be appropriated for the upward bound program 

11 under this chapter, in addition to any amounts ap12 propriated under section 402A(g), $57,000,000 for 

13 each of the fiscal years 2008 through 2011 for the 

14 Secretary to carry out paragraph (2), except that 

15 any amounts that remain unexpended for such pur16 pose for each of such fiscal years may be available 

17 for technical assistance and administration costs for 

18 the upward bound program under this chapter. 

19 ‘‘(2) USE OF FUNDS.—

20 ‘‘(A) IN GENERAL.—The amounts made 

21 available by paragraph (1) for a fiscal year 

22 shall be available to provide assistance to appli23 cants for an upward bound project under this 

24 chapter for such fiscal year that—
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1 ‘‘(i) did not apply for assistance, or 

2 applied but did not receive assistance, 

3 under this section in fiscal year 2007; and 

4 ‘‘(ii) receive a grant score above 70 on 

5 the applicant’s application. 

6 ‘‘(B) 4-YEAR GRANTS.—The assistance de7 scribed in subparagraph (A) shall be made 

8 available in the form of 4-year grants.’’. 

9 (d) STUDENT SUPPORT SERVICES.—Section 402D 

10 (20 U.S.C. 1070a–14) is amended—

11 (1) in subsection (a)—

12 (A) in paragraph (2), by striking ‘‘and’’ 

13 after the semicolon; 

14 (B) by striking paragraph (3) and insert15 ing the following: 

16 ‘‘(3) to foster an institutional climate sup17 portive of the success of low-income and first gen18 eration college students, students with disabilities, 

19 students who are limited English proficient, students 

20 who are homeless children and youths (as such term 

21 is defined in section 725 of the McKinney-Vento 

22 Homeless Assistance Act (42 U.S.C. 11434a)), and 

23 students who are in foster care or are aging out of 

24 the foster care system.’’; and 

25 (C) by adding at the end the following: 
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1 ‘‘(4) to improve the financial literacy and eco2 nomic literacy of students, including—

3 ‘‘(A) basic personal income, household 

4 money management, and financial planning 

5 skills; and 

6 ‘‘(B) basic economic decisionmaking 

7 skills.’’; 

8 (2) by redesignating subsections (c) and (d) as 

9 subsections (d) and (e); 

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

11 following: 

12 ‘‘(b) REQUIRED SERVICES.—A project assisted under 

13 this section shall provide—

14 ‘‘(1) academic tutoring to enable students to 

15 complete postsecondary courses, which may include 

16 instruction in reading, writing, study skills, mathe17 matics, science, and other subjects; 

18 ‘‘(2) advice and assistance in postsecondary 

19 course selection; 

20 ‘‘(3)(A) information on both the full range of 

21 Federal student financial aid programs (including 

22 Federal Pell Grant awards and loan forgiveness) and 

23 resources for locating public and private scholar24 ships; and 
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1 ‘‘(B) assistance in completing financial aid ap2 plications, including the Free Application for Fed3 eral Student Aid described in section 483(a); 

4 ‘‘(4) education or counseling services designed 

5 to improve the financial literacy and economic lit6 eracy of students, including financial planning for 

7 postsecondary education; 

8 ‘‘(5) activities designed to assist students par9 ticipating in the project in securing college admis10 sion and financial assistance for enrollment in grad11 uate and professional programs; and 

12 ‘‘(6) activities designed to assist students en13 rolled in 2-year institutions of higher education in 

14 securing admission and financial assistance for en15 rollment in a 4-year program of postsecondary edu16 cation. 

17 ‘‘(c) PERMISSIBLE SERVICES.—A project assisted 

18 under this section may provide services such as—

19 ‘‘(1) consistent, individualized personal, career, 

20 and academic counseling, provided by assigned coun21 selors; 

22 ‘‘(2) information, activities, and instruction de23 signed to acquaint youths participating in the 

24 project with the range of career options available to 

25 the students; 
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1 ‘‘(3) exposure to cultural events and academic 

2 programs not usually available to disadvantaged stu3 dents; 

4 ‘‘(4) activities designed to acquaint students 

5 participating in the project with the range of career 

6 options available to the students; 

7 ‘‘(5) mentoring programs involving faculty or 

8 upper class students, or a combination thereof; 

9 ‘‘(6) securing temporary housing during breaks 

10 in the academic year for students who are homeless 

11 children and youths (as such term is defined in sec12 tion 725 of the McKinney-Vento Homeless Assist13 ance Act (42 U.S.C. 11434a)) or were formerly 

14 homeless children and youths and students who are 

15 in foster care or are aging out of the foster care sys16 tem; and 

17 ‘‘(7) programs and activities as described in 

18 subsection (b) or paragraphs (1) through (5) of this 

19 subsection that are specially designed for students 

20 who are limited English proficient, students with 

21 disabilities, students who are homeless children and 

22 youths (as such term is defined in section 725 of the 

23 McKinney-Vento Homeless Assistance Act (42 

24 U.S.C. 11434a)) or were formerly homeless children 
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1 and youths, or students who are in foster care or are 

2 aging out of the foster care system.’’; 

3 (4) in subsection (d)(1) (as redesignated by 

4 paragraph (2)), by striking ‘‘subsection (b)’’ and in5 serting ‘‘subsection (c)’’; and 

6 (5) in the matter preceding paragraph (1) of 

7 subsection (e) (as redesignated by paragraph (2)), 

8 by striking ‘‘student support services projects under 

9 this chapter’’ and inserting ‘‘projects under this sec10 tion’’. 

11 (e) POSTBACCALAUREATE ACHIEVEMENT PROGRAM

12 AUTHORITY.—Section 402E (20 U.S.C. 1070a–15) is 

13 amended—

14 (1) in subsection (b)—

15 (A) in the subsection heading, by inserting 

16 ‘‘REQUIRED’’ before ‘‘SERVICES’’; 

17 (B) in the matter preceding paragraph (1), 

18 by striking ‘‘A postbaccalaureate achievement 

19 project assisted under this section may provide 

20 services such as—’’ and inserting ‘‘A project as21 sisted under this section shall provide—’’; 

22 (C) in paragraph (5), by inserting ‘‘and’’ 

23 after the semicolon; 

24 (D) in paragraph (6), by striking the semi25 colon and inserting a period; and 
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1 (E) by striking paragraphs (7) and (8); 

2 (2) by redesignating subsections (c) through (f) 

3 as subsections (d) through (g), respectively; 

4 (3) by inserting after subsection (b) the fol5 lowing: 

6 ‘‘(c) PERMISSIBLE SERVICES.—A project assisted 

7 under this section may provide services such as—

8 ‘‘(1) education or counseling services designed 

9 to improve the financial literacy and economic lit10 eracy of students, including financial planning for 

11 postsecondary education; 

12 ‘‘(2) mentoring programs involving faculty 

13 members at institutions of higher education, stu14 dents, or any combination of such persons; and 

15 ‘‘(3) exposure to cultural events and academic 

16 programs not usually available to disadvantaged stu17 dents.’’; 

18 (4) in the matter preceding paragraph (1) of 

19 subsection (d) (as redesignated by paragraph (2)), 

20 by striking ‘‘postbaccalaureate achievement’’; 

21 (5) in the matter preceding paragraph (1) of 

22 subsection (f) (as redesignated by paragraph (2)), by 

23 striking ‘‘postbaccalaureate achievement project’’ 

24 and inserting ‘‘project under this section’’; and 
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1 (6) in subsection (g) (as redesignated by para2 graph (2))—

3 (A) by striking ‘‘402A(f)’’ and inserting 

4 ‘‘402A(g)’’; and 

5 (B) by striking ‘‘1993 through 1997’’ and 

6 inserting ‘‘2007 through 2012’’. 

7 (f) EDUCATIONAL OPPORTUNITY CENTERS.—Section 

8 402F (20 U.S.C. 1070a–16) is amended—

9 (1) in subsection (a)—

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

11 after the semicolon; 

12 (B) in paragraph (2), by striking the pe13 riod at the end and inserting ‘‘; and’’; and 

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

15 ‘‘(3) to improve the financial literacy and eco16 nomic literacy of students, including—

17 ‘‘(A) basic personal income, household 

18 money management, and financial planning 

19 skills; and 

20 ‘‘(B) basic economic decisionmaking 

21 skills.’’; and 

22 (2) in subsection (b)—

23 (A) by redesignating paragraphs (5) 

24 through (10) as paragraphs (6) through (11), 

25 respectively; 
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1 (B) by inserting after paragraph (4) the 

2 following: 

3 ‘‘(5) education or counseling services designed 

4 to improve the financial literacy and economic lit5 eracy of students;’’; 

6 (C) by striking paragraph (7) (as redesig7 nated by subparagraph (A)) and inserting the 

8 following: 

9 ‘‘(7) individualized personal, career, and aca10 demic counseling;’’; and 

11 (D) by striking paragraph (11) (as redesig12 nated by subparagraph (A)) and inserting the 

13 following: 

14 ‘‘(11) programs and activities as described in 

15 paragraphs (1) through (10) that are specially de16 signed for students who are limited English pro17 ficient, students with disabilities, or students who 

18 are homeless children and youths (as such term is 

19 defined in section 725 of the McKinney-Vento 

20 Homeless Assistance Act (42 U.S.C. 11434a)), or 

21 programs and activities for students who are in fos22 ter care or are aging out of the foster care system.’’. 

23 (g) STAFF DEVELOPMENT ACTIVITIES.—Section 

24 402G(b)(3) (20 U.S.C. 1070a–17(b)(3)) is amended by in25 serting ‘‘, including strategies for recruiting and serving 
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1 students who are homeless children and youths (as such 

2 term is defined in section 725 of the McKinney-Vento 

3 Homeless Assistance Act (42 U.S.C. 11434a)) and stu4 dents who are in foster care or are aging out of the foster 

5 care system’’ before the period at the end. 

6 (h) REPORTS, EVALUATIONS, AND GRANTS FOR

7 PROJECT IMPROVEMENT AND DISSEMINATION.—Section 

8 402H (20 U.S.C. 1070a–18) is amended—

9 (1) by striking the section heading and insert10 ing ‘‘REPORTS, EVALUATIONS, AND GRANTS

11 FOR PROJECT IMPROVEMENT AND DISSEMINA12 TION.’’; 

13 (2) by redesignating subsections (a) through (c) 

14 as subsections (b) through (d), respectively; 

15 (3) by inserting before subsection (b) (as redes16 ignated by paragraph (2)) the following: 

17 ‘‘(a) REPORTS TO THE AUTHORIZING COMMIT18 TEES.—The Secretary shall submit annually, to the au19 thorizing committees, a report that documents the per20 formance of all programs funded under this chapter. The 

21 report shall—

22 ‘‘(1) be submitted not later than 24 months 

23 after the eligible entities receiving funds under this 

24 chapter are required to report their performance to 

25 the Secretary; 
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1 ‘‘(2) focus on the programs’ performance on the 

2 relevant outcome criteria determined under section 

3 402A(f)(4); 

4 ‘‘(3) aggregate individual project performance 

5 data on the outcome criteria in order to provide na6 tional performance data for each program; 

7 ‘‘(4) include, when appropriate, descriptive 

8 data, multi-year data, and multi-cohort data; and 

9 ‘‘(5) include comparable data on the perform10 ance nationally of low-income students, first-genera11 tion students, and students with disabilities.’’; and 

12 (4) in subsection (b) (as redesignated by para13 graph (2)), by striking paragraph (2) and inserting 

14 the following: 

15 ‘‘(2) PRACTICES.—

16 ‘‘(A) IN GENERAL.—The evaluations de17 scribed in paragraph (1) shall identify institu18 tional, community, and program or project 

19 practices that are particularly effective in—

20 ‘‘(i) enhancing the access of low-in21 come individuals and first-generation col22 lege students to postsecondary education; 

23 ‘‘(ii) the preparation of the individuals 

24 and students for postsecondary education; 

25 and 
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1 ‘‘(iii) fostering the success of the indi2 viduals and students in postsecondary edu3 cation. 

4 ‘‘(B) PRIMARY PURPOSE.—Any evaluation 

5 conducted under this chapter shall have as its 

6 primary purpose the identification of particular 

7 practices that further the achievement of the 

8 outcome criteria determined under section 

9 402A(f)(4). 

10 ‘‘(C) DISSEMINATION AND USE OF EVAL11 UATION FINDINGS.—The Secretary shall dis12 seminate to eligible entities and make available 

13 to the public the practices identified under sub14 paragraph (B). The practices may be used by 

15 eligible entities that receive assistance under 

16 this chapter after the dissemination. 

17 ‘‘(3) RECRUITMENT.—The Secretary shall not 

18 require an eligible entity desiring to receive assist19 ance under this chapter to recruit students to serve 

20 as a control group for purposes of evaluating any 

21 program or project assisted under this chapter.’’. 

22 (i) ADDITIONAL AMENDMENT TO

23 POSTBACCALAUREATE ACHIEVEMENT PROGRAM.—Sec24 tion 402E(d)(2) (as redesignated by subsection (e)(2)) (20 

25 U.S.C. 1070a–15(d)(2)) is further amended by inserting 
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1 ‘‘, including Native Hawaiians, as defined in section 7207 

2 of the Elementary and Secondary Education Act of 1965, 

3 and Pacific Islanders’’ after ‘‘graduate education’’. 

4 SEC. 404. GAINING EARLY AWARENESS AND READINESS 

5 FOR UNDERGRADUATE PROGRAMS. 

6 (a) EARLY INTERVENTION AND COLLEGE AWARE7 NESS PROGRAM AUTHORIZED.—Section 404A (20 U.S.C. 

8 1070a–21) is amended—

9 (1) by striking subsection (a) and inserting the 

10 following: 

11 ‘‘(a) PROGRAM AUTHORIZED.—The Secretary is au12 thorized, in accordance with the requirements of this chap13 ter, to establish a program that encourages eligible entities 

14 to provide support to eligible low-income students to assist 

15 the students in obtaining a secondary school diploma (or 

16 its recognized equivalent) and to prepare for and succeed 

17 in postsecondary education, by providing—

18 ‘‘(1) financial assistance, academic support, ad19 ditional counseling, mentoring, outreach, and sup20 portive services to middle school and secondary 

21 school students to reduce—

22 ‘‘(A) the risk of such students dropping 

23 out of school; or 

24 ‘‘(B) the need for remedial education for 

25 such students at the postsecondary level; and 
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1 ‘‘(2) information to students and their parents 

2 about the advantages of obtaining a postsecondary 

3 education and the college financing options for the 

4 students and their parents.’’; 

5 (2) by striking subsection (b)(2)(A) and insert6 ing the following: 

7 ‘‘(A) give priority to eligible entities that 

8 have a prior, demonstrated commitment to 

9 early intervention leading to college access 

10 through collaboration and replication of suc11 cessful strategies;’’; and 

12 (3) in subsection (b), by adding at the end the 

13 following: 

14 ‘‘(3) CARRY OVER.—An eligible entity that re15 ceives a grant under this chapter may carry over any 

16 unspent grant funds from the final year of the grant 

17 period into the following year.’’; 

18 (4) by striking subsection (c)(2) and inserting 

19 the following: 

20 ‘‘(2) a partnership—

21 ‘‘(A) consisting of—

22 ‘‘(i) 1 or more local educational agen23 cies; and 

24 ‘‘(ii) 1 or more degree granting insti25 tutions of higher education; and 
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1 ‘‘(B) which may include not less than 2 

2 other community organizations or entities, such 

3 as businesses, professional organizations, State 

4 agencies, institutions or agencies sponsoring 

5 programs authorized under subpart 4, or other 

6 public or private agencies or organizations.’’. 

7 (b) REQUIREMENTS.—Section 404B (20 U.S.C. 

8 1070a–22) is amended—

9 (1) by striking subsection (a) and inserting the 

10 following: —

11 ‘‘(a) FUNDING RULES.—

12 ‘‘(1) DISTRIBUTION.—In awarding grants from 

13 the amount appropriated under section 404G for a 

14 fiscal year, the Secretary shall take into consider15 ation—

16 ‘‘(A) the geographic distribution of such 

17 awards; and 

18 ‘‘(B) the distribution of such awards be19 tween urban and rural applicants. 

20 ‘‘(2) SPECIAL RULE.—The Secretary shall an21 nually reevaluate the distribution of funds described 

22 in paragraph (1) based on number, quality, and 

23 promise of the applications.’’; 

24 (2) by striking subsections (b), (e), and (f); 
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1 (3) by redesignating subsections (c), (d), and 

2 (g) as subsections (b), (c), and (d), respectively; and 

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

4 ‘‘(e) SUPPLEMENT, NOT SUPPLANT.—Grant funds 

5 awarded under this chapter shall be used to supplement, 

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

7 that would otherwise be expended to carry out activities 

8 assisted under this chapter.’’. 

9 (c) APPLICATION.—Section 404C (20 U.S.C. 1070a–

10 23) is amended—

11 (1) in the section heading, by striking ‘‘ELIGI12 BLE ENTITY PLANS’’ and inserting ‘‘APPLICA13 TIONS’’; 

14 (2) in subsection (a)—

15 (A) in the subsection heading, by striking 

16 ‘‘PLAN’’ and inserting ‘‘APPLICATION’’; 

17 (B) in paragraph (1)—

18 (i) by striking ‘‘a plan’’ and inserting 

19 ‘‘an application’’; and 

20 (ii) by striking the second sentence; 

21 and 

22 (C) by striking paragraph (2) and insert23 ing the following: 

24 ‘‘(2) CONTENTS.—Each application submitted 

25 pursuant to paragraph (1) shall be in such form, 
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1 contain or be accompanied by such information or 

2 assurances, and be submitted at such time as the 

3 Secretary may require. Each such application shall, 

4 at a minimum—

5 ‘‘(A) describe the activities for which as6 sistance under this chapter is sought, including 

7 how the eligible entity will carry out the re8 quired activities described in section 404D(a); 

9 ‘‘(B) describe how the eligible agency will 

10 meet the requirements of section 404E; 

11 ‘‘(C) provide assurances that adequate ad12 ministrative and support staff will be respon13 sible for coordinating the activities described in 

14 section 404D; 

15 ‘‘(D) ensure that activities assisted under 

16 this chapter will not displace an employee or 

17 eliminate a position at a school assisted under 

18 this chapter, including a partial displacement 

19 such as a reduction in hours, wages or employ20 ment benefits; 

21 ‘‘(E) describe, in the case of an eligible en22 tity described in section 404A(c)(2), how the el23 igible entity will define the cohorts of the stu24 dents served by the eligible entity pursuant to 
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1 section 404B(d), and how the eligible entity will 

2 serve the cohorts through grade 12, including—

3 ‘‘(i) how vacancies in the program 

4 under this chapter will be filled; and 

5 ‘‘(ii) how the eligible entity will serve 

6 students attending different secondary 

7 schools; 

8 ‘‘(F) describe how the eligible entity will 

9 coordinate programs with other existing Fed10 eral, State, or local programs to avoid duplica11 tion and maximize the number of students 

12 served; 

13 ‘‘(G) provide such additional assurances as 

14 the Secretary determines necessary to ensure 

15 compliance with the requirements of this chap16 ter; and 

17 ‘‘(H) provide information about the activi18 ties that will be carried out by the eligible enti19 ty to support systemic changes from which fu20 ture cohorts of students will benefit.’’; 

21 (3) in the matter preceding subparagraph (A) 

22 of subsection (b)(1)—

23 (A) by striking ‘‘a plan’’ and inserting ‘‘an 

24 application’’; and 
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1 (B) by striking ‘‘such plan’’ and inserting 

2 ‘‘such application’’; and 

3 (4) in subsection (c)(1), by striking ‘‘paid to 

4 students from State, local, institutional, or private 

5 funds under this chapter’’ and inserting ‘‘obligated 

6 to students from State, local, institutional, or private 

7 funds under this chapter, including pre-existing non8 Federal financial assistance programs,’’; 

9 (5) in subsection (c)(1), by striking the semi10 colon at the end and inserting ‘‘including—

11 ‘‘(A) the amount contributed to a student 

12 scholarship fund established under section 

13 404E; and 

14 ‘‘(B) the amount of the costs of admin15 istering the scholarship program under section 

16 404E;’’. 

17 (6) in subsection (c)—

18 (A) in paragraph (2), by striking ‘‘and’’ 

19 after the semicolon; 

20 (B) in paragraph (3), by striking the pe21 riod at the end and inserting ‘‘; and’’; and 

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

23 ‘‘(4) other resources recognized by the Sec24 retary, including equipment and supplies, cash con25 tributions from non-Federal sources, transportation 
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1 expenses, in-kind or discounted program services, in2 direct costs, and facility usage.’’. 

3 (d) ACTIVITIES.—Section 404D (20 U.S.C. 1070a–

4 24) is amended to read as follows: 

5 ‘‘SEC. 404D. ACTIVITIES. 

6 ‘‘(a) REQUIRED ACTIVITIES.—Each eligible entity re7 ceiving a grant under this chapter shall carry out the fol8 lowing: 

9 ‘‘(1) Provide information regarding financial 

10 aid for postsecondary education to participating stu11 dents in the cohort described in subsection 

12 404B(d)(1)(A). 

13 ‘‘(2) Encourage student enrollment in rigorous 

14 and challenging curricula and coursework, in order 

15 to reduce the need for remedial coursework at the 

16 postsecondary level. 

17 ‘‘(3) Support activities designed to improve the 

18 number of participating students who—

19 ‘‘(A) obtain a secondary school diploma; 

20 and 

21 ‘‘(B) complete applications for and enroll 

22 in a program of postsecondary education. 

23 ‘‘(4) In the case of an eligible entity described 

24 in section 404A(c)(1), provide for the scholarships 

25 described in section 404E. 
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1 ‘‘(b) OPTIONAL ACTIVITIES FOR STATES AND PART2 NERSHIPS.—An eligible entity that receives a grant under 

3 this chapter may use grant funds to carry out 1 or more 

4 of the following activities: 

5 ‘‘(1) Providing tutoring and supporting men6 tors, including adults or former participants of a 

7 program under this chapter, for eligible students. 

8 ‘‘(2) Conducting outreach activities to recruit 

9 priority students described in subsection (d) to par10 ticipate in program activities. 

11 ‘‘(3) Providing supportive services to eligible 

12 students. 

13 ‘‘(4) Supporting the development or implemen14 tation of rigorous academic curricula, which may in15 clude college preparatory, Advanced Placement, or 

16 International Baccalaureate programs, and providing 

17 participating students access to rigorous core 

18 courses that reflect challenging State academic 

19 standards. 

20 ‘‘(5) Supporting dual or concurrent enrollment 

21 programs between the secondary school and institu22 tion of higher education partners of an eligible entity 

23 described in section 404A(c)(2), and other activities 

24 that support participating students in—
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1 ‘‘(A) meeting challenging academic stand2 ards; 

3 ‘‘(B) successfully applying for postsec4 ondary education; 

5 ‘‘(C) successfully applying for student fi6 nancial aid; and 

7 ‘‘(D) developing graduation and career 

8 plans. 

9 ‘‘(6) Providing support for scholarships de10 scribed in section 404E. 

11 ‘‘(7) Introducing eligible students to institutions 

12 of higher education, through trips and school-based 

13 sessions. 

14 ‘‘(8) Providing an intensive extended school 

15 day, school year, or summer program that offers—

16 ‘‘(A) additional academic classes; or 

17 ‘‘(B) assistance with college admission ap18 plications. 

19 ‘‘(9) Providing other activities designed to en20 sure secondary school completion and postsecondary 

21 education enrollment of at-risk children, such as—

22 ‘‘(A) the identification of at-risk children; 

23 ‘‘(B) after-school and summer tutoring; 

24 ‘‘(C) assistance to at-risk children in ob25 taining summer jobs; 
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1 ‘‘(D) academic counseling; 

2 ‘‘(E) volunteer and parent involvement; 

3 ‘‘(F) encouraging former or current par4 ticipants of a program under this chapter to 

5 serve as peer counselors; 

6 ‘‘(G) skills assessments; 

7 ‘‘(H) personal counseling; 

8 ‘‘(I) family counseling and home visits; 

9 ‘‘(J) staff development; and 

10 ‘‘(K) programs and activities described in 

11 this subsection that are specially designed for 

12 students who are limited English proficient. 

13 ‘‘(10) Enabling eligible students to enroll in Ad14 vanced Placement or International Baccalaureate 

15 courses, or college entrance examination preparation 

16 courses. 

17 ‘‘(11) Providing services to eligible students in 

18 the participating cohort described in section 

19 404B(d)(1)(A), through the first year of attendance 

20 at an institution of higher education. 

21 ‘‘(12) Fostering and improving parent and fam22 ily involvement in elementary and secondary edu23 cation by promoting the advantages of a college edu24 cation, and emphasizing academic admission require25 ments and the need to take college preparation 
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1 courses, through parent engagement and leadership 

2 activities. 

3 ‘‘(13) Disseminating information that promotes 

4 the importance of higher education, explains college 

5 preparation and admissions requirements, and raises 

6 awareness of the resources and services provided by 

7 the eligible entities to eligible students, their fami8 lies, and communities. 

9 ‘‘(c) ADDITIONAL OPTIONAL ACTIVITIES FOR

10 STATES.—In addition to the required activities described 

11 in subsection (a) and the optional activities described in 

12 subsection (b), an eligible entity described in section 

13 404A(c)(1) receiving funds under this chapter may use 

14 grant funds to carry out 1 or more of the following activi15 ties: 

16 ‘‘(1) Providing technical assistance to—

17 ‘‘(A) middle schools or secondary schools 

18 that are located within the State; or 

19 ‘‘(B) partnerships described in section 

20 404A(c)(2) that are located within the State. 

21 ‘‘(2) Providing professional development oppor22 tunities to individuals working with eligible cohorts 

23 of students described in section 404B(d)(1)(A). 

24 ‘‘(3) Providing strategies and activities that 

25 align efforts in the State to prepare eligible students 
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1 for attending and succeeding in postsecondary edu2 cation, which may include the development of grad3 uation and career plans. 

4 ‘‘(4) Disseminating information on the use of 

5 scientifically based research and best practices to 

6 improve services for eligible students. 

7 ‘‘(5)(A) Disseminating information on effective 

8 coursework and support services that assist students 

9 in obtaining the goals described in subparagraph 

10 (B)(ii). 

11 ‘‘(B) Identifying and disseminating information 

12 on best practices with respect to—

13 ‘‘(i) increasing parental involvement; and 

14 ‘‘(ii) preparing students, including students 

15 with disabilities and students who are limited 

16 English proficient, to succeed academically in, 

17 and prepare financially for, postsecondary edu18 cation. 

19 ‘‘(6) Working to align State academic standards 

20 and curricula with the expectations of postsecondary 

21 institutions and employers. 

22 ‘‘(7) Developing alternatives to traditional sec23 ondary school that give students a head start on at24 taining a recognized postsecondary credential (in25 cluding an industry certificate, an apprenticeship, or 
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1 an associate’s or a bachelor’s degree), including 

2 school designs that give students early exposure to 

3 college-level courses and experiences and allow stu4 dents to earn transferable college credits or an asso5 ciate’s degree at the same time as a secondary 

6 school diploma. 

7 ‘‘(8) Creating community college programs for 

8 drop-outs that are personalized drop-out recovery 

9 programs that allow drop-outs to complete a regular 

10 secondary school diploma and begin college-level 

11 work. 

12 ‘‘(d) PRIORITY STUDENTS.—For eligible entities not 

13 using a cohort approach, the eligible entity shall treat as 

14 priority students any student in middle or secondary 

15 school who is eligible—

16 ‘‘(1) to be counted under section 1124(c) of the 

17 Elementary and Secondary Education Act of 1965; 

18 ‘‘(2) for free or reduced price meals under the 

19 Richard B. Russell National School Lunch Act; 

20 ‘‘(3) for assistance under a State program 

21 funded under part A or E of title IV of the Social 

22 Security Act (42 U.S.C. 601 et seq., 670 et seq.); 

23 or 
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1 ‘‘(4) for assistance under subtitle B of title VII 

2 of the McKinney-Vento Homeless Assistance Act (42 

3 U.S.C. 11431 et seq.). 

4 ‘‘(e) ALLOWABLE PROVIDERS.—In the case of eligible 

5 entities described in section 404A(c)(1), the activities re6 quired by this section may be provided by service providers 

7 such as community-based organizations, schools, institu8 tions of higher education, public and private agencies, 

9 nonprofit and philanthropic organizations, businesses, in10 stitutions and agencies sponsoring programs authorized 

11 under subpart 4, and other organizations the State deter12 mines appropriate.’’. 

13 (e) SCHOLARSHIP COMPONENT.—Section 404E (20 

14 U.S.C. 1070a–25) is amended—

15 (1) by striking subsections (e) and (f); 

16 (2) by redesignating subsections (b), (c), and 

17 (d) as subsections (d), (f), and (g), respectively; 

18 (3) by inserting after subsection (a) the fol19 lowing: 

20 ‘‘(b) LIMITATION.—

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

22 each eligible entity described in section 404A(c)(1) 

23 that receives a grant under this chapter shall use 

24 not less than 25 percent and not more than 50 per25 cent of the grant funds for activities described in 
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1 section 404D (except for the activity described in 

2 subsection (a)(4) of such section), with the remain3 der of such funds to be used for a scholarship pro4 gram under this section in accordance with such 

5 subsection. 

6 ‘‘(2) EXCEPTION.—Notwithstanding paragraph 

7 (1), the Secretary may allow an eligible entity to use 

8 more than 50 percent of grant funds received under 

9 this chapter for such activities, if the eligible entity 

10 demonstrates that the eligible entity has another 

11 means of providing the students with the financial 

12 assistance described in this section and describes 

13 such means in the application submitted under sec14 tion 404C. 

15 ‘‘(c) NOTIFICATION OF ELIGIBILITY.—Each eligible 

16 entity providing scholarships under this section shall pro17 vide information on the eligibility requirements for the 

18 scholarships to all participating students upon the stu19 dents’ entry into the programs assisted under this chap20 ter.’’; 

21 (4) in subsection (d) (as redesignated by para22 graph (2)), by striking ‘‘the lesser of’’ and all that 

23 follows through the period at the end of paragraph 

24 (2) and inserting ‘‘the minimum Federal Pell Grant 

25 award under section 401 for such award year.’’; 
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1 (5) by inserting after subsection (d) (as redesig2 nated by paragraph (2) and amended by paragraph 

3 (4)) the following: 

4 ‘‘(e) PORTABILITY OF ASSISTANCE.—

5 ‘‘(1) IN GENERAL.—Each eligible entity de6 scribed in section 404A(c)(1) that receives a grant 

7 under this chapter shall create or organize a trust 

8 for each cohort described in section 404B(d)(1)(A) 

9 for which the grant is sought in the application sub10 mitted by the entity, which trust shall be an amount 

11 that is not less than the minimum scholarship 

12 amount described in subsection (d), multiplied by 

13 the number of students participating in the cohort. 

14 ‘‘(2) REQUIREMENT FOR PORTABILITY.—Funds 

15 contributed to the trust for a cohort shall be avail16 able to a student in the cohort when the student 

17 has—

18 ‘‘(A) completed a secondary school di19 ploma, its recognized equivalent, or other recog20 nized alternative standard for individuals with 

21 disabilities; and 

22 ‘‘(B) enrolled in an institution of higher 

23 education. 
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1 ‘‘(3) QUALIFIED EDUCATIONAL EXPENSES.—

2 Funds available to an eligible student from a trust 

3 may be used for—

4 ‘‘(A) tuition, fees, books, supplies, and 

5 equipment required for the enrollment or at6 tendance of the eligible student at an institution 

7 of higher education; and 

8 ‘‘(B) in the case of an eligible student with 

9 special needs, expenses for special needs serv10 ices which are incurred in connection with such 

11 enrollment or attendance. 

12 ‘‘(4) RETURN OF FUNDS.—

13 ‘‘(A) REDISTRIBUTION.—

14 ‘‘(i) IN GENERAL.—Trust funds that 

15 are not used by an eligible student within 

16 6 years of the student’s scheduled comple17 tion of secondary school may be redistrib18 uted by the eligible entity to other eligible 

19 students. 

20 ‘‘(ii) RETURN OF EXCESS TO THE

21 SECRETARY.—If, after meeting the require22 ments of paragraph (1) and, if applicable, 

23 redistributing excess funds in accordance 

24 with clause (i), an eligible entity has funds 

25 remaining, the eligible entity shall return 
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1 excess funds to the Secretary for distribu2 tion to other grantees under this chapter. 

3 ‘‘(B) NONPARTICIPATING ENTITY.—Not4 withstanding subparagraph (A), in the case of 

5 an eligible entity described in section 

6 404A(c)(1)(A) that does not receive assistance 

7 under this subpart for 6 fiscal years, the eligi8 ble entity shall return any trust funds not 

9 awarded or obligated to eligible students to the 

10 Secretary for distribution to other grantees 

11 under this chapter.’’; and 

12 (6) in subsection (g) (as redesignated by para13 graph (2))—

14 (A) in paragraph (2), by striking ‘‘1993’’ 

15 and inserting ‘‘2001’’; and 

16 (B) in paragraph (4), by striking ‘‘early 

17 intervention component required under section 

18 404D’’ and inserting ‘‘activities required under 

19 section 404D(a)’’. 

20 (f) REPEAL OF 21ST CENTURY SCHOLAR CERTIFI21 CATES.—Chapter 2 of subpart 2 of part A of title IV (20 

22 U.S.C. 1070a–21 et seq.) is further amended—

23 (1) by striking section 404F; and 

24 (2) by redesignating sections 404G and 404H 

25 as sections 404F and 404G, respectively. 
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1 (g) AUTHORIZATION OF APPROPRIATIONS.—Section 

2 404G (as redesignated by subsection (f)) (20 U.S.C. 

3 1070a–28) is amended by striking ‘‘$200,000,000 for fis4 cal year 1999’’ and all that follows through the period and 

5 inserting ‘‘such sums as may be necessary for fiscal year 

6 2008 and each of the 5 succeeding fiscal years.’’. 

7 (h) CONFORMING AMENDMENTS.—Chapter 2 of sub8 part 2 of part A of title IV (20 U.S.C. 1070a–21 et seq.) 

9 is further amended—

10 (1) in section 404A(b)(1), by striking ‘‘404H’’ 

11 and inserting ‘‘404G’’; 

12 (2) in section 404B(a)(1), by striking ‘‘404H’’ 

13 and inserting ‘‘404G’’; and 

14 (3) in section 404F(c) (as redesignated by sub15 section (f)(2)), by striking ‘‘404H’’ and inserting 

16 ‘‘404G’’. 

17 SEC. 405. ACADEMIC ACHIEVEMENT INCENTIVE SCHOLAR18 SHIPS. 

19 Chapter 3 of subpart 2 of part A of title IV (20 

20 U.S.C. 1070a–31 et seq.) is repealed. 

21 SEC. 406. FEDERAL SUPPLEMENTAL EDUCATIONAL OPPOR22 TUNITY GRANTS. 

23 (a) APPROPRIATIONS AUTHORIZED.—Section 

24 413A(b)(1) (20 U.S.C. 1070b(b)(1)) is amended by strik25 ing ‘‘$675,000,000 for fiscal year 1999’’ and all that fol-
217

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1 lows through the period and inserting ‘‘such sums as may 

2 be necessary for fiscal year 2008 and each of the 5 suc3 ceeding fiscal years.’’. 

4 (b) ALLOCATION OF FUNDS.—

5 (1) ALLOCATION OF FUNDS.—Section 413D 

6 (20 U.S.C. 1070b–3) is amended—

7 (A) by striking subsection (a)(4); and 

8 (B) in subsection (c)(3)(D), by striking 

9 ‘‘$450’’ and inserting ‘‘$600’’. 

10 (2) TECHNICAL CORRECTION.—Section 

11 413D(a)(1) (20 U.S.C. 1070b–3(a)(1)) is amended 

12 by striking ‘‘such institution’’ and all that follows 

13 through the period and inserting ‘‘such institution 

14 received under subsections (a) and (b) of this section 

15 for fiscal year 1999 (as such subsections were in ef16 fect with respect to allocations for such fiscal 

17 year).’’. 

18 SEC. 407. LEVERAGING EDUCATIONAL ASSISTANCE PART19 NERSHIP PROGRAM. 

20 (a) APPROPRIATIONS AUTHORIZED.—Section 

21 415A(b)(1) (20 U.S.C. 1070c(b)(1)) is amended to read 

22 as follows: 

23 ‘‘(1) IN GENERAL.—There are authorized to be 

24 appropriated to carry out this subpart such sums as 
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1 may be necessary for fiscal year 2008 and each of 

2 the 5 succeeding fiscal years.’’. 

3 (b) APPLICATIONS.—Section 415C(b) (20 U.S.C. 

4 1070c–2(b)) is amended—

5 (1) in the matter preceding subparagraph (A) 

6 of paragraph (2), by striking ‘‘not in excess of 

7 $5,000 per academic year’’ and inserting ‘‘not to ex8 ceed the lesser of $12,500 or the student’s cost of 

9 attendance per academic year’’; and 

10 (2) by striking paragraph (10) and inserting 

11 the following: 

12 ‘‘(10) provides notification to eligible students 

13 that such grants are—

14 ‘‘(A) Leveraging Educational Assistance 

15 Partnership grants; and 

16 ‘‘(B) funded by the Federal Government, 

17 the State, and other contributing partners.’’. 

18 (c) GRANTS FOR ACCESS AND PERSISTENCE.—Sec19 tion 415E (20 U.S.C. 1070c–3a) is amended to read as 

20 follows: 

21 ‘‘SEC. 415E. GRANTS FOR ACCESS AND PERSISTENCE. 

22 ‘‘(a) PURPOSE.—It is the purpose of this section to 

23 expand college access and increase college persistence by 

24 making allotments to States to enable the States to—
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1 ‘‘(1) expand and enhance partnerships with in2 stitutions of higher education, early information and 

3 intervention, mentoring, or outreach programs, pri4 vate corporations, philanthropic organizations, and 

5 other interested parties in order to—

6 ‘‘(A) carry out activities under this section; 

7 and 

8 ‘‘(B) provide coordination and cohesion 

9 among Federal, State, and local governmental 

10 and private efforts that provide financial assist11 ance to help low-income students attend an in12 stitution of higher education; 

13 ‘‘(2) provide need-based grants for access and 

14 persistence to eligible low-income students; 

15 ‘‘(3) provide early notification to low-income 

16 students of the students’ eligibility for financial aid; 

17 and 

18 ‘‘(4) encourage increased participation in early 

19 information and intervention, mentoring, or outreach 

20 programs. 

21 ‘‘(b) ALLOTMENTS TO STATES.—

22 ‘‘(1) IN GENERAL.—

23 ‘‘(A) AUTHORIZATION.—From sums re24 served under section 415A(b)(2) for each fiscal 

25 year, the Secretary shall make an allotment to 
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1 each State that submits an application for an 

2 allotment in accordance with subsection (c) to 

3 enable the State to pay the Federal share, as 

4 described in paragraph (2), of the cost of car5 rying out the activities under subsection (d). 

6 ‘‘(B) DETERMINATION OF ALLOTMENT.—

7 In making allotments under subparagraph (A), 

8 the Secretary shall consider the following: 

9 ‘‘(i) CONTINUATION OF AWARD.—If a 

10 State continues to meet the specifications 

11 established in such State’s application 

12 under subsection (c), the Secretary shall 

13 make an allotment to such State that is 

14 not less than the allotment made to such 

15 State for the previous fiscal year. 

16 ‘‘(ii) PRIORITY.—The Secretary shall 

17 give priority in making allotments to 

18 States that meet the requirements de19 scribed in paragraph (2)(A)(ii). 

20 ‘‘(2) FEDERAL SHARE.—

21 ‘‘(A) IN GENERAL.—The Federal share 

22 under this section shall be determined in ac23 cordance with the following: 
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1 ‘‘(i) If a State applies for an allot2 ment under this section in partnership 

3 with—

4 ‘‘(I) any number of degree grant5 ing institutions of higher education in 

6 the State whose combined full-time 

7 enrollment represents less than a ma8 jority of all students attending institu9 tions of higher education in the State; 

10 and 

11 ‘‘(II)(aa) philanthropic organiza12 tions that are located in, or that pro13 vide funding in, the State; or 

14 ‘‘(bb) private corporations that 

15 are located in, or that do business in, 

16 the State, 

17 then the Federal share of the cost of car18 rying out the activities under subsection 

19 (d) shall be equal to 50 percent. 

20 ‘‘(ii) If a State applies for an allot21 ment under this section in partnership 

22 with—

23 ‘‘(I) any number of degree grant24 ing institutions of higher education in 

25 the State whose combined full-time 
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1 enrollment represents a majority of all 

2 students attending institutions of 

3 higher education in the State; and 

4 ‘‘(II)(aa) philanthropic organiza5 tions that are located in, or that pro6 vide funding in, the State; or 

7 ‘‘(bb) private corporations that 

8 are located in, or that do business in, 

9 the State, 

10 then the Federal share of the cost of car11 rying out the activities under subsection 

12 (d) shall be equal to 57 percent. 

13 ‘‘(B) NON-FEDERAL SHARE.—

14 ‘‘(i) IN GENERAL.—The non-Federal 

15 share under this section may be provided 

16 in cash or in kind, fully evaluated and in 

17 accordance with this subparagraph. 

18 ‘‘(ii) IN KIND CONTRIBUTION.—For 

19 the purpose of calculating the non-Federal 

20 share under this section, an in kind con21 tribution is a non-cash award that has 

22 monetary value, such as provision of room 

23 and board and transportation passes, and 

24 that helps a student meet the cost of at25 tendance. 
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1 ‘‘(iii) EFFECT ON NEED ANALYSIS.—

2 For the purpose of calculating a student’s 

3 need in accordance with part F of this 

4 title, an in-kind contribution described in 

5 clause (ii) shall not be considered an asset 

6 or income. 

7 ‘‘(c) APPLICATION FOR ALLOTMENT.—

8 ‘‘(1) IN GENERAL.—

9 ‘‘(A) SUBMISSION.—A State that desires 

10 to receive an allotment under this section on be11 half of a partnership described in paragraph (3) 

12 shall submit an application to the Secretary at 

13 such time, in such manner, and containing such 

14 information as the Secretary may require. 

15 ‘‘(B) CONTENT.—An application submitted 

16 under subparagraph (A) shall include the fol17 lowing: 

18 ‘‘(i) A description of the State’s plan 

19 for using the allotted funds. 

20 ‘‘(ii) Assurances that the State will 

21 provide the non-Federal share from State, 

22 institutional, philanthropic, or private 

23 funds, of not less than the required share 

24 of the cost of carrying out the activities 

25 under subsection (d), as determined under 
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1 subsection (b), in accordance with the fol2 lowing: 

3 ‘‘(I) The State shall specify the 

4 methods by which non-Federal share 

5 funds will be paid, and include provi6 sions designed to ensure that funds 

7 provided under this section will be 

8 used to supplement, and not supplant, 

9 Federal and non-Federal funds avail10 able for carrying out the activities 

11 under this title. 

12 ‘‘(II) A State that uses non-Fed13 eral funds to create or expand existing 

14 partnerships with nonprofit organiza15 tions or community-based organiza16 tions in which such organizations 

17 match State funds for student schol18 arships, may apply such matching 

19 funds from such organizations toward 

20 fulfilling the State’s non-Federal 

21 share obligation under this clause. 

22 ‘‘(iii) Assurances that early informa23 tion and intervention, mentoring, or out24 reach programs exist within the State or 
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1 that there is a plan to make such pro2 grams widely available. 

3 ‘‘(iv) A description of the organiza4 tional structure that the State has in place 

5 to administer the activities under sub6 section (d), including a description of the 

7 system the State will use to track the par8 ticipation of students who receive grants 

9 under this section to degree completion. 

10 ‘‘(v) Assurances that the State has a 

11 method in place, such as acceptance of the 

12 automatic zero expected family contribu13 tion determination described in section 

14 479, to identify eligible low-income stu15 dents and award State grant aid to such 

16 students. 

17 ‘‘(vi) Assurances that the State will 

18 provide notification to eligible low-income 

19 students that grants under this section 

20 are—

21 ‘‘(I) Leveraging Educational As22 sistance Partnership Grants; and 

23 ‘‘(II) funded by the Federal Gov24 ernment, the State, and other contrib25 uting partners. 
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1 ‘‘(2) STATE AGENCY.—The State agency that 

2 submits an application for a State under section 

3 415C(a) shall be the same State agency that sub4 mits an application under paragraph (1) for such 

5 State. 

6 ‘‘(3) PARTNERSHIP.—In applying for an allot7 ment under this section, the State agency shall apply 

8 for the allotment in partnership with—

9 ‘‘(A) not less than 1 public and 1 private 

10 degree granting institution of higher education 

11 that are located in the State, if applicable; 

12 ‘‘(B) new or existing early information and 

13 intervention, mentoring, or outreach programs 

14 located in the State; and 

15 ‘‘(C) not less than 1—

16 ‘‘(i) philanthropic organization located 

17 in, or that provides funding in, the State; 

18 or 

19 ‘‘(ii) private corporation located in, or 

20 that does business in, the State. 

21 ‘‘(4) ROLES OF PARTNERS.—

22 ‘‘(A) STATE AGENCY.—A State agency 

23 that is in a partnership receiving an allotment 

24 under this section—

25 ‘‘(i) shall—
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1 ‘‘(I) serve as the primary admin2 istrative unit for the partnership; 

3 ‘‘(II) provide or coordinate non4 Federal share funds, and coordinate 

5 activities among partners; 

6 ‘‘(III) encourage each institution 

7 of higher education in the State to 

8 participate in the partnership; 

9 ‘‘(IV) make determinations and 

10 early notifications of assistance as de11 scribed under subsection (d)(2); and 

12 ‘‘(V) annually report to the Sec13 retary on the partnership’s progress 

14 in meeting the purpose of this section; 

15 and 

16 ‘‘(ii) may provide early information 

17 and intervention, mentoring, or outreach 

18 programs. 

19 ‘‘(B) DEGREE GRANTING INSTITUTIONS OF

20 HIGHER EDUCATION.—A degree granting insti21 tution of higher education that is in a partner22 ship receiving an allotment under this section—

23 ‘‘(i) shall—

24 ‘‘(I) recruit and admit partici25 pating qualified students and provide 
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1 such additional institutional grant aid 

2 to participating students as agreed to 

3 with the State agency; 

4 ‘‘(II) provide support services to 

5 students who receive grants for access 

6 and persistence under this section and 

7 are enrolled at such institution; and 

8 ‘‘(III) assist the State in the 

9 identification of eligible students and 

10 the dissemination of early notifica11 tions of assistance as agreed to with 

12 the State agency; and 

13 ‘‘(ii) may provide funding for early in14 formation and intervention, mentoring, or 

15 outreach programs or provide such services 

16 directly. 

17 ‘‘(C) PROGRAMS.—An early information 

18 and intervention, mentoring, or outreach pro19 gram that is in a partnership receiving an allot20 ment under this section shall provide direct 

21 services, support, and information to partici22 pating students. 

23 ‘‘(D) PHILANTHROPIC ORGANIZATION OR

24 PRIVATE CORPORATION.—A philanthropic orga25 nization or private corporation that is in a part-
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•S 1642 ES

1 nership receiving an allotment under this sec2 tion shall provide funds for grants for access 

3 and persistence for participating students, or 

4 provide funds or support for early information 

5 and intervention, mentoring, or outreach pro6 grams. 

7 ‘‘(d) AUTHORIZED ACTIVITIES.—

8 ‘‘(1) IN GENERAL.—

9 ‘‘(A) ESTABLISHMENT OF PARTNER10 SHIP.—Each State receiving an allotment under 

11 this section shall use the funds to establish a 

12 partnership to award grants for access and per13 sistence to eligible low-income students in order 

14 to increase the amount of financial assistance 

15 such students receive under this subpart for un16 dergraduate education expenses. 

17 ‘‘(B) AMOUNT OF GRANTS.—

18 ‘‘(i) PARTNERSHIPS WITH INSTITU19 TIONS SERVING LESS THAN A MAJORITY

20 OF STUDENTS IN THE STATE.—

21 ‘‘(I) IN GENERAL.—In the case 

22 where a State receiving an allotment 

23 under this section is in a partnership 

24 described in subsection (b)(2)(A)(i), 

25 the amount of a grant for access and 
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•S 1642 ES

1 persistence awarded to a student by 

2 such State shall be not less than the 

3 amount that is equal to the average 

4 undergraduate tuition and mandatory 

5 fees at 4-year public institutions of 

6 higher education in the State where 

7 the student resides (less any amounts 

8 of other Federal or State sponsored 

9 grants, work study, and scholarships 

10 received by the student), and such 

11 grant for access and persistence shall 

12 be used toward the cost of attendance 

13 at an institution of higher education 

14 located in the State. 

15 ‘‘(II) COST OF ATTENDANCE.—A 

16 State that has a program, apart from 

17 the partnership under this section, of 

18 providing eligible low-income students 

19 with grants that are equal to the aver20 age undergraduate tuition and man21 datory fees at 4-year public institu22 tions of higher education in the State, 

23 may increase the amount of grants for 

24 access and persistence awarded to stu25 dents by such State up to an amount 
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•S 1642 ES

1 that is equal to the average cost of at2 tendance at 4-year public institutions 

3 of higher education in the State (less 

4 any amounts of other Federal or 

5 State sponsored grants, work study, 

6 and scholarships received by the stu7 dent). 

8 ‘‘(ii) PARTNERSHIPS WITH INSTITU9 TIONS SERVING THE MAJORITY OF STU10 DENTS IN THE STATE.—In the case where 

11 a State receiving an allotment under this 

12 section is in a partnership described in 

13 subsection (b)(2)(A)(ii), the amount of a 

14 grant for access and persistence awarded 

15 to a student by such State shall be not 

16 more than an amount that is equal to the 

17 average cost of attendance at 4-year public 

18 institutions of higher education in the 

19 State where the student resides (less any 

20 amounts of other Federal or State spon21 sored grants, work study, and scholarships 

22 received by the student), and such grant 

23 for access and persistence shall be used by 

24 the student to attend an institution of 

25 higher education located in the State. 
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1 ‘‘(C) SPECIAL RULES.—

2 ‘‘(i) PARTNERSHIP INSTITUTIONS.—A 

3 State receiving an allotment under this 

4 section may restrict the use of grants for 

5 access and persistence under this section 

6 by awarding the grants only to students 

7 attending institutions of higher education 

8 that are participating in the partnership. 

9 ‘‘(ii) OUT-OF-STATE INSTITUTIONS.—

10 If a State provides grants through another 

11 program under this subpart to students at12 tending institutions of higher education lo13 cated in another State, such agreement 

14 may also apply to grants awarded under 

15 this section. 

16 ‘‘(2) EARLY NOTIFICATION.—

17 ‘‘(A) IN GENERAL.—Each State receiving 

18 an allotment under this section shall annually 

19 notify low-income students, such as students 

20 who are eligible to receive a free lunch under 

21 the school lunch program established under the 

22 Richard B. Russell National School Lunch Act, 

23 in grade 7 through grade 12 in the State, of 

24 the students’ potential eligibility for student fi25 nancial assistance, including a grant for access 
233

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1 and persistence, to attend an institution of 

2 higher education. 

3 ‘‘(B) CONTENT OF NOTICE.—The notifica4 tion under subparagraph (A)—

5 ‘‘(i) shall include—

6 ‘‘(I) information about early in7 formation and intervention, men8 toring, or outreach programs available 

9 to the student; 

10 ‘‘(II) information that a stu11 dent’s eligibility for a grant for access 

12 and persistence is enhanced through 

13 participation in an early information 

14 and intervention, mentoring, or out15 reach program; 

16 ‘‘(III) an explanation that stu17 dent and family eligibility for, and 

18 participation in, other Federal means19 tested programs may indicate eligi20 bility for a grant for access and per21 sistence and other student aid pro22 grams; 

23 ‘‘(IV) a nonbinding estimate of 

24 the total amount of financial aid that 

25 a low-income student with a similar 
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•S 1642 ES

1 income level may expect to receive, in2 cluding an estimate of the amount of 

3 a grant for access and persistence and 

4 an estimate of the amount of grants, 

5 loans, and all other available types of 

6 aid from the major Federal and State 

7 financial aid programs; 

8 ‘‘(V) an explanation that in order 

9 to be eligible for a grant for access 

10 and persistence, at a minimum, a stu11 dent shall—

12 ‘‘(aa) meet the requirement 

13 under paragraph (3); 

14 ‘‘(bb) graduate from sec15 ondary school; and 

16 ‘‘(cc) enroll at an institution 

17 of higher education that is a 

18 partner in the partnership or 

19 qualifies under subsection 

20 (d)(1)(C)(ii); 

21 ‘‘(VI) information on any addi22 tional requirements (such as a student 

23 pledge detailing student responsibil24 ities) that the State may impose for 
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1 receipt of a grant for access and per2 sistence under this section; and 

3 ‘‘(VII) instructions on how to 

4 apply for a grant for access and per5 sistence and an explanation that a 

6 student is required to file a Free Ap7 plication for Federal Student Aid au8 thorized under section 483(a) to be el9 igible for such grant and assistance 

10 from other Federal and State finan11 cial aid programs; and 

12 ‘‘(ii) may include a disclaimer that 

13 grant awards for access and persistence 

14 are contingent upon—

15 ‘‘(I) a determination of the stu16 dent’s financial eligibility at the time 

17 of the student’s enrollment at an in18 stitution of higher education that is a 

19 partner in the partnership or qualifies 

20 under subsection (d)(1)(C)(ii); 

21 ‘‘(II) annual Federal and State 

22 appropriations; and 

23 ‘‘(III) other aid received by the 

24 student at the time of the student’s 
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1 enrollment at such institution of high2 er education. 

3 ‘‘(3) ELIGIBILITY.—In determining which stu4 dents are eligible to receive grants for access and 

5 persistence, the State shall ensure that each such 

6 student meets not less than 1 of the following: 

7 ‘‘(A) Meets not less than 2 of the following 

8 criteria, with priority given to students meeting 

9 all of the following criteria: 

10 ‘‘(i) Has an expected family contribu11 tion equal to zero (as described in section 

12 479) or a comparable alternative based 

13 upon the State’s approved criteria in sec14 tion 415C(b)(4). 

15 ‘‘(ii) Has qualified for a free lunch, or 

16 at the State’s discretion a reduced price 

17 lunch, under the school lunch program es18 tablished under the Richard B. Russell Na19 tional School Lunch Act. 

20 ‘‘(iii) Qualifies for the State’s max21 imum undergraduate award, as authorized 

22 under section 415C(b). 

23 ‘‘(iv) Is participating in, or has par24 ticipated in, a Federal, State, institutional, 

25 or community early information and inter-
237

•S 1642 ES

1 vention, mentoring, or outreach program, 

2 as recognized by the State agency admin3 istering activities under this section. 

4 ‘‘(B) Is receiving, or has received, a grant 

5 for access and persistence under this section, in 

6 accordance with paragraph (5). 

7 ‘‘(4) GRANT AWARD.—Once a student, includ8 ing those students who have received early notifica9 tion under paragraph (2) from the State, applies for 

10 admission to an institution that is a partner in the 

11 partnership, files a Free Application for Federal 

12 Student Aid and any related existing State form, 

13 and is determined eligible by the State under para14 graph (3), the State shall—

15 ‘‘(A) issue the student a preliminary award 

16 certificate for a grant for access and persistence 

17 with tentative award amounts; and 

18 ‘‘(B) inform the student that payment of 

19 the grant for access and persistence award 

20 amounts is subject to certification of enrollment 

21 and award eligibility by the institution of higher 

22 education. 

23 ‘‘(5) DURATION OF AWARD.—An eligible stu24 dent that receives a grant for access and persistence 

25 under this section shall receive such grant award for 
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1 each year of such student’s undergraduate education 

2 in which the student remains eligible for assistance 

3 under this title, including pursuant to section 

4 484(c), and remains financially eligible as deter5 mined by the State, except that the State may im6 pose reasonable time limits to degree completion. 

7 ‘‘(e) USE OF FUNDS FOR ADMINISTRATIVE COSTS

8 PROHIBITED.—A State that receives an allotment under 

9 this section shall not use any of the allotted funds to pay 

10 administrative costs associated with any of the authorized 

11 activities described in subsection (d). 

12 ‘‘(f) STATUTORY AND REGULATORY RELIEF FOR IN13 STITUTIONS OF HIGHER EDUCATION.—The Secretary 

14 may grant, upon the request of an institution of higher 

15 education that is in a partnership described in subsection 

16 (b)(2)(A)(ii) and that receives an allotment under this sec17 tion, a waiver for such institution from statutory or regu18 latory requirements that inhibit the ability of the institu19 tion to successfully and efficiently participate in the activi20 ties of the partnership. 

21 ‘‘(g) APPLICABILITY RULE.—The provisions of this 

22 subpart which are not inconsistent with this section shall 

23 apply to the program authorized by this section. 

24 ‘‘(h) MAINTENANCE OF EFFORT REQUIREMENT.—

25 Each State receiving an allotment under this section for 
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1 a fiscal year shall provide the Secretary with an assurance 

2 that the aggregate amount expended per student or the 

3 aggregate expenditures by the State, from funds derived 

4 from non-Federal sources, for the authorized activities de5 scribed in subsection (d) for the preceding fiscal year were 

6 not less than the amount expended per student or the ag7 gregate expenditure by the State for the activities for the 

8 second preceding fiscal year. 

9 ‘‘(i) SPECIAL RULE.—Notwithstanding subsection 

10 (h), for purposes of determining a State’s share of the cost 

11 of the authorized activities described in subsection (d), the 

12 State shall consider only those expenditures from non13 Federal sources that exceed the State’s total expenditures 

14 for need-based grants, scholarships, and work-study as15 sistance for fiscal year 1999 (including any such assist16 ance provided under this subpart). 

17 ‘‘(j) CONTINUATION AND TRANSITION.—For the 2-

18 year period that begins on the date of enactment of the 

19 Higher Education Amendments of 2007, the Secretary 

20 shall continue to award grants under section 415E of the 

21 Higher Education Act of 1965 as such section existed on 

22 the day before the date of enactment of such Act to States 

23 that choose to apply for grants under such predecessor 

24 section. 
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1 ‘‘(k) REPORTS.—Not later than 3 years after the 

2 date of enactment of the Higher Education Amendments 

3 of 2007 and annually thereafter, the Secretary shall sub4 mit a report describing the activities and the impact of 

5 the partnerships under this section to the authorizing 

6 committees.’’. 

7 SEC. 408. SPECIAL PROGRAMS FOR STUDENTS WHOSE FAM8 ILIES ARE ENGAGED IN MIGRANT AND SEA9 SONAL FARMWORK. 

10 Section 418A (20 U.S.C. 1070d–2) is amended—

11 (1) in subsection (b)—

12 (A) in paragraph (1)(B)(i), by striking 

13 ‘‘parents’’ and inserting ‘‘immediate family’’; 

14 (B) in paragraph (3)(B), by inserting ‘‘(in15 cluding preparation for college entrance exami16 nations)’’ after ‘‘college program’’; 

17 (C) in paragraph (5), by striking ‘‘weekly’’; 

18 (D) in paragraph (7), by striking ‘‘and’’ 

19 after the semicolon; 

20 (E) in paragraph (8)—

21 (i) by inserting ‘‘(such as transpor22 tation and child care)’’ after ‘‘services’’; 

23 and 

24 (ii) by striking the period at the end 

25 and inserting ‘‘; and’’; and 
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1 (F) by adding at the end the following: 

2 ‘‘(9) other activities to improve persistence and 

3 retention in postsecondary education.’’; 

4 (2) in subsection (c)—

5 (A) in paragraph (1)—

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

7 ‘‘parents’’ and inserting ‘‘immediate fam8 ily’’; and 

9 (ii) in subparagraph (B)—

10 (I) in the matter preceding clause 

11 (i), by inserting ‘‘to improve place12 ment, persistence, and retention in 

13 postsecondary education,’’ after ‘‘serv14 ices’’; and 

15 (II) in clause (i), by striking 

16 ‘‘and career’’ and inserting ‘‘career, 

17 and economic education or personal fi18 nance’’; 

19 (iii) in subparagraph (E), by striking 

20 ‘‘and’’ after the semicolon; 

21 (iv) by redesignating subparagraph 

22 (F) as subparagraph (G); 

23 (v) by inserting after subparagraph 

24 (E) the following: 

25 ‘‘(F) internships; and’’; and 
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1 (vi) in subparagraph (G) (as redesig2 nated by clause (iv)), by striking ‘‘support 

3 services’’ and inserting ‘‘essential sup4 portive services (such as transportation 

5 and child care)’’ ; and 

6 (B) in paragraph (2)—

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

8 ‘‘and’’ after the semicolon; 

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

10 the period at the end and inserting ‘‘, and 

11 coordinating such services, assistance, and 

12 aid with other non-program services, as13 sistance, and aid, including services, assist14 ance, and aid provided by community15 based organizations, which may include 

16 mentoring and guidance; and’’; and 

17 (iii) by adding at the end the fol18 lowing: 

19 ‘‘(C) for students attending 2-year institutions 

20 of higher education, encouraging the students to 

21 transfer to 4-year institutions of higher education, 

22 where appropriate, and monitoring the rate of trans23 fer of such students.’’; 

24 (3) in subsection (e), by striking ‘‘section 

25 402A(c)(1)’’ and inserting ‘‘section 402A(c)(2)’’; 
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1 (4) in subsection (f)—

2 (A) in paragraph (1), by striking 

3 ‘‘$150,000’’ and inserting ‘‘$180,000’’; and 

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

5 ‘‘$150,000’’ and inserting ‘‘$180,000’’; 

6 (5) by redesignating subsections (g) and (h) as 

7 subsections (h) and (i), respectively; 

8 (6) by inserting after subsection (f) the fol9 lowing: 

10 ‘‘(g) RESERVATION OF FUNDS.—From the amounts 

11 made available under subsection (i), the Secretary may reserve not more than a total of 1 12 ⁄2 of 1 percent for outreach 

13 activities, technical assistance, and professional develop14 ment programs relating to the programs under subsection 

15 (a).’’; 

16 (7) by striking subsection (h) (as redesignated 

17 by paragraph (5)) and inserting the following: 

18 ‘‘(h) DATA COLLECTION.—The Commissioner for 

19 Education Statistics shall—

20 ‘‘(1) annually collect data on persons receiving 

21 services authorized under this subpart regarding 

22 such persons’ rates of secondary school graduation, 

23 entrance into postsecondary education, and comple24 tion of postsecondary education; 
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1 ‘‘(2) not less often than once every 2 years, pre2 pare and submit a report based on the most recently 

3 available data under paragraph (1) to the author4 izing committees; and 

5 ‘‘(3) make such report available to the public.’’; 

6 and 

7 (8) in subsection (i) (as redesignated by para8 graph (5))—

9 (A) in paragraph (1), by striking 

10 ‘‘$15,000,000 for fiscal year 1999’’ and all that 

11 follows through the period and inserting ‘‘such 

12 sums as may be necessary for fiscal year 2008 

13 and each of the 5 succeeding fiscal years.’’; and 

14 (B) in paragraph (2), by striking 

15 ‘‘$5,000,000 for fiscal year 1999’’ and all that 

16 follows through the period and inserting ‘‘such 

17 sums as may be necessary for fiscal year 2008 

18 and each of the 5 succeeding fiscal years.’’. 

19 SEC. 409. ROBERT C. BYRD HONORS SCHOLARSHIP PRO20 GRAM. 

21 (a) ELIGIBILITY OF SCHOLARS.—Section 419F(a) 

22 (20 U.S.C. 1070d–36(a)) is amended by inserting ‘‘(or a 

23 home school, whether treated as a home school or a private 

24 school under State law)’’ after ‘‘public or private sec25 ondary school’’. 
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

2 419K (20 U.S.C. 1070d–41) is amended by striking 

3 ‘‘$45,000,000 for fiscal year 1999’’ and all that follows 

4 through the period and inserting ‘‘such sums as may be 

5 necessary for fiscal year 2008 and each of the 5 suc6 ceeding fiscal years.’’. 

7 SEC. 410. CHILD CARE ACCESS MEANS PARENTS IN 

8 SCHOOL. 

9 (a) MINIMUM GRANT.—Section 419N(b)(2)(B) (20 

10 U.S.C. 1070e(b)(2)(B)) is amended—

11 (1) by striking ‘‘A grant’’ and inserting the fol12 lowing: 

13 ‘‘(i) IN GENERAL.—Except as pro14 vided in clause (ii), a grant’’; and 

15 (2) by adding at the end the following: 

16 ‘‘(ii) INCREASE TRIGGER.—For any 

17 fiscal year for which the amount appro18 priated under the authority of subsection 

19 (g) is equal to or greater than 

20 $20,000,000, a grant under this section 

21 shall be awarded in an amount that is not 

22 less than $30,000.’’. 

23 (b) DEFINITION OF LOW-INCOME STUDENT.—Para24 graph (7) of section 419N(b) (20 U.S.C. 1070e(b)) is 

25 amended to read as follows: 
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1 ‘‘(7) DEFINITION OF LOW-INCOME STUDENT.—

2 For the purpose of this section, the term ‘low-income 

3 student’ means a student who—

4 ‘‘(A) is eligible to receive a Federal Pell 

5 Grant for the award year for which the deter6 mination is made; or 

7 ‘‘(B) would otherwise be eligible to receive 

8 a Federal Pell Grant for the award year for 

9 which the determination is made, except that 

10 the student fails to meet the requirements of—

11 ‘‘(i) section 401(c)(1) because the stu12 dent is enrolled in a graduate or first pro13 fessional course of study; or 

14 ‘‘(ii) section 484(a)(5) because the 

15 student is in the United States for a tem16 porary purpose.’’. 

17 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

18 419N(g) (20 U.S.C. 1070e(g)) is amended by striking 

19 ‘‘$45,000,000 for fiscal year 1999’’ and all that follows 

20 through the period and inserting ‘‘such sums as may be 

21 necessary for fiscal year 2008 and each of the 5 suc22 ceeding fiscal years.’’. 

23 SEC. 411. LEARNING ANYTIME ANYWHERE PARTNERSHIPS. 

24 Subpart 8 of part A of title IV (20 U.S.C. 1070f et 

25 seq.) is repealed. 
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1 PART B—FEDERAL FAMILY EDUCATION LOAN 

2 PROGRAM 

3 SEC. 421. FEDERAL PAYMENTS TO REDUCE STUDENT IN4 TEREST COSTS. 

5 Section 428 (as amended by this Act) (20 U.S.C. 

6 1078) is further amended—

7 (1) in subsection (b)—

8 (A) in paragraph (1)—

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

10 ‘‘and’’ after the semicolon; 

11 (ii) in subparagraph (Y)—

12 (I) by striking clause (i) and in13 serting the following: 

14 ‘‘(i) the lender shall determine the eli15 gibility of a borrower for a deferment de16 scribed in subparagraph (M)(i) based on—

17 ‘‘(I) receipt of a request for 

18 deferment from the borrower and doc19 umentation of the borrower’s eligi20 bility for the deferment; 

21 ‘‘(II) receipt of a newly com22 pleted loan application that docu23 ments the borrower’s eligibility for a 

24 deferment; 

25 ‘‘(III) receipt of student status 

26 information received by the lender 
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1 that the borrower is enrolled on at 

2 least a half-time basis; or 

3 ‘‘(IV) the lender’s confirmation 

4 of the borrower’s half-time enrollment 

5 status through use of the National 

6 Student Loan Data System, if the 

7 confirmation is requested by the insti8 tution of higher education.’’; and 

9 (II) in clause (ii), by striking the 

10 period at the end and inserting ‘‘; 

11 and’’; and 

12 (iii) by adding at the end the fol13 lowing: 

14 ‘‘(Z) provides that the lender shall, at the 

15 time the lender grants a deferment to a bor16 rower who received a loan under section 428H 

17 and is eligible for a deferment under section 

18 428(b)(1)(M), provide information to the bor19 rower to enable the borrower to understand the 

20 impact of capitalization of interest on the bor21 rower’s loan principal and total amount of in22 terest to be paid during the life of the loan.’’; 

23 (B) in paragraph (2)(F)—

24 (i) in clause (i)—
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1 (I) in subclause (III), by striking 

2 ‘‘and’’ after the semicolon; 

3 (II) in subclause (IV), by striking 

4 ‘‘and’’ after the semicolon; and 

5 (III) by adding at the end the 

6 following: 

7 ‘‘(V) the effective date of the 

8 transfer; 

9 ‘‘(VI) the date the current 

10 servicer will stop accepting payments; 

11 and 

12 ‘‘(VII) the date at which the new 

13 servicer will begin accepting pay14 ments.’’; and 

15 (C) by striking paragraph (3) and insert16 ing the following: 

17 ‘‘(3) RESTRICTIONS ON INDUCEMENTS, PAY18 MENTS, MAILINGS, AND ADVERTISING.—A guaranty 

19 agency shall not—

20 ‘‘(A) offer, directly or indirectly, premiums, 

21 payments, stock or other securities, prizes, trav22 el, entertainment expenses, tuition repayment, 

23 or other inducements to—

24 ‘‘(i) any institution of higher edu25 cation or the employees of an institution of 
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1 higher education in order to secure appli2 cants for loans made under this part; or 

3 ‘‘(ii) any lender, or any agent, em4 ployee, or independent contractor of any 

5 lender or guaranty agency, in order to ad6 minister or market loans made under this 

7 part (other than a loan made under section 

8 428H or a loan made as part of the guar9 anty agency’s lender-of-last-resort program 

10 pursuant to section 439(q)) for the pur11 pose of securing the designation of the 

12 guaranty agency as the insurer of such 

13 loans; 

14 ‘‘(B) conduct unsolicited mailings, by post15 al or electronic means, of educational loan ap16 plication forms to students enrolled in sec17 ondary school or postsecondary educational in18 stitutions, or to the parents of such students, 

19 except that applications may be mailed, by post20 al or electronic means, to students or borrowers 

21 who have previously received loans guaranteed 

22 under this part by the guaranty agency; 

23 ‘‘(C) perform, for an institution of higher 

24 education participating in a program under this 
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1 title, any function that the institution is re2 quired to perform under part B, D, or G; 

3 ‘‘(D) pay, on behalf of the institution of 

4 higher education, another person to perform 

5 any function that the institution of higher edu6 cation is required to perform under part B, D, 

7 or G; or 

8 ‘‘(E) conduct fraudulent or misleading ad9 vertising concerning loan availability, terms, or 

10 conditions. 

11 It shall not be a violation of this paragraph for a 

12 guaranty agency to provide technical assistance to 

13 institutions of higher education comparable to the 

14 technical assistance provided to institutions of high15 er education by the Department.’’; and 

16 (2) in subsection (c)—

17 (A) in paragraph (2)(H)(i), by striking 

18 ‘‘preclaims’’ and inserting ‘‘default aversion’’; 

19 and 

20 (B) in paragraph (3)(D)—

21 (i) in clause (i), by striking ‘‘and’’ 

22 after the comma at the end; 

23 (ii) in clause (ii), by striking the pe24 riod and inserting a semicolon; and 
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1 (iii) by inserting after clause (ii) the 

2 following: 

3 ‘‘(iii) the lender shall, at the time of 

4 granting a borrower forbearance, provide 

5 information to the borrower to enable the 

6 borrower to understand the impact of cap7 italization of interest on the borrower’s 

8 loan principal and total amount of interest 

9 to be paid during the life of the loan; and 

10 ‘‘(iv) the lender shall contact the bor11 rower not less often than once every 180 

12 days during the period of forbearance to 

13 inform the borrower of—

14 ‘‘(I) the amount of unpaid prin15 cipal and the amount of interest that 

16 has accrued since the last statement 

17 of such amounts provided to the bor18 rower by the lender; 

19 ‘‘(II) the fact that interest will 

20 accrue on the loan for the period of 

21 forbearance; 

22 ‘‘(III) the amount of interest that 

23 will be capitalized, and the date on 

24 which capitalization will occur; 
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1 ‘‘(IV) the ability of the borrower 

2 to pay the interest that has accrued 

3 before the interest is capitalized; and 

4 ‘‘(V) the borrower’s option to dis5 continue the forbearance at any 

6 time.’’. 

7 SEC. 422. FEDERAL CONSOLIDATION LOANS. 

8 (a) AMENDMENTS.—Section 428C(b)(1) (20 U.S.C. 

9 1078–3(b)(1)) is amended—

10 (1) in subparagraph (E), by striking ‘‘and’’ 

11 after the semicolon; 

12 (2) by redesignating subparagraph (F) as sub13 paragraph (H); and 

14 (3) by inserting after subparagraph (E) the fol15 lowing: 

16 ‘‘(F) that the lender will disclose, in a 

17 clear and conspicuous manner, to borrowers 

18 who consolidate loans made under part E of 

19 this title—

20 ‘‘(i) that once the borrower adds the 

21 borrower’s Federal Perkins Loan to a Fed22 eral Consolidation Loan, the borrower will 

23 lose all interest-free periods that would 

24 have been available, such as those periods 

25 when no interest accrues on the Federal 
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1 Perkins Loan while the borrower is en2 rolled in school at least half-time, during 

3 the grace period, and during periods when 

4 the borrower’s student loan repayments 

5 are deferred; 

6 ‘‘(ii) that the borrower will no longer 

7 be eligible for loan cancellation of Federal 

8 Perkins Loans under any provision of sec9 tion 465; and 

10 ‘‘(iii) the occupations described in sec11 tion 465(a)(2), individually and in detail, 

12 for which the borrower will lose eligibility 

13 for Federal Perkins Loan cancellation; and 

14 ‘‘(G) that the lender shall, upon applica15 tion for a consolidation loan, provide the bor16 rower with information about the possible im17 pact of loan consolidation, including—

18 ‘‘(i) the total interest to be paid and 

19 fees to be paid on the consolidation loan, 

20 and the length of repayment for the loan; 

21 ‘‘(ii) whether consolidation would re22 sult in a loss of loan benefits under this 

23 part or part D, including loan forgiveness, 

24 cancellation, and deferment; 
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1 ‘‘(iii) in the case of a borrower that 

2 plans to include a Federal Perkins Loan 

3 under part E in the consolidation loan, 

4 that once the borrower adds the borrower’s 

5 Federal Perkins Loan to a consolidation 

6 loan—

7 ‘‘(I) the borrower will lose all in8 terest–free periods that would have 

9 been available for such loan under 

10 part E, such as the periods during 

11 which no interest accrues on the Fed12 eral Perkins Loan while the borrower 

13 is enrolled in school at least half-time, 

14 the grace period, and the periods dur15 ing which the borrower’s student loan 

16 repayments are deferred under section 

17 464(c)(2); and 

18 ‘‘(II) the borrower will no longer 

19 be eligible for cancellation of part or 

20 all of a Federal Perkins loan under 

21 section 465(a); 

22 ‘‘(iv) the ability of the borrower to 

23 prepay the consolidation loan, pay such 

24 loan on a shorter schedule, and to change 

25 repayment plans; 
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1 ‘‘(v) that borrower benefit programs 

2 for a consolidation loan may vary among 

3 different lenders; 

4 ‘‘(vi) the consequences of default on 

5 the consolidation loan; and 

6 ‘‘(vii) that by applying for a consolida7 tion loan, the borrower is not obligated to 

8 agree to take the consolidation loan; and’’. 

9 (b) CONFORMING AMENDMENT.—Section 455(g) (20 

10 U.S.C. 1087e(g)) is amended by striking ‘‘428C(b)(1)(F)’’ 

11 and inserting ‘‘428C(b)(1)(H)’’. 

12 SEC. 423. DEFAULT REDUCTION PROGRAM. 

13 Section 428F (20 U.S.C. 1078–6) is amended—

14 (1) in subsection (a)—

15 (A) in paragraph (1)(A), by adding at the 

16 end the following: ‘‘Upon the sale of the loan to 

17 an eligible lender, the guaranty agency, and any 

18 prior holder of the loan, shall request any con19 sumer reporting agency to which the guaranty 

20 agency or holder, as applicable, reported the de21 fault of the loan, to remove the record of de22 fault from the borrower’s credit history.’’; and 

23 (B) by adding at the end the following: 
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1 ‘‘(5) LIMITATION.—A borrower may obtain the 

2 benefits available under this subsection with respect 

3 to rehabilitating a loan only one time per loan.’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(c) FINANCIAL AND ECONOMIC LITERACY.—Where 

6 appropriate as determined by the institution of higher edu7 cation in which a borrower is enrolled, each program de8 scribed in subsection (b) shall include making available fi9 nancial and economic education materials for the bor10 rower, including making the materials available before, 

11 during, or after rehabilitation of a loan.’’. 

12 SEC. 424. REPORTS TO CONSUMER REPORTING AGENCIES 

13 AND INSTITUTIONS OF HIGHER EDUCATION. 

14 Section 430A (20 U.S.C. 1080a) is amended—

15 (1) in the section heading, by striking ‘‘CRED16 IT BUREAUS’’ and inserting ‘‘CONSUMER RE17 PORTING AGENCIES’’; and 

18 (2) in subsection (a)—

19 (A) in the first sentence, by striking ‘‘with 

20 credit bureau organizations’’ and inserting 

21 ‘‘with each consumer reporting agency that 

22 compiles and maintains files on consumers on a 

23 nationwide basis (as defined in section 603(p) 

24 of the Fair Credit Reporting Act (15 U.S.C. 

25 1681a(p))’’; 
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1 (B) by redesignating paragraphs (1), (2), 

2 and (3) as paragraphs (2), (4), and (5), respec3 tively; 

4 (C) by inserting before paragraph (2) (as 

5 redesignated by subparagraph (B)), the fol6 lowing: 

7 ‘‘(1) the type of loan made, insured, or guaran8 teed under this title;’’; 

9 (D) by inserting after paragraph (2) (as 

10 redesignated by subparagraph (B)), the fol11 lowing: 

12 ‘‘(3) information concerning the repayment sta13 tus of the loan, which information shall be included 

14 in the file of the borrower, except that nothing in 

15 this subsection shall be construed to affect any oth16 erwise applicable provision of the Fair Credit Re17 porting Act (15 U.S.C. 1681 et seq.)’’; 

18 (E) in paragraph (4) (as redesignated by 

19 subparagraph (B)), by striking ‘‘and’’ after the 

20 semicolon; 

21 (F) in paragraph (5) (as redesignated by 

22 subparagraph (B)), by striking the period and 

23 inserting ‘‘; and’’; and 

24 (G) by adding at the end the following: 
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1 ‘‘(6) any other information required to be re2 ported by Federal law.’’. 

3 SEC. 425. COMMON FORMS AND FORMATS. 

4 Section 432(m)(1)(D)(i) (20 U.S.C. 

5 1082(m)(1)(D)(i)) is amended by adding at the end the 

6 following: ‘‘Unless otherwise notified by the Secretary, 

7 each institution of higher education that participates in 

8 the program under this part or part D may use a master 

9 promissory note for loans under this part and part D.’’. 

10 SEC. 426. STUDENT LOAN INFORMATION BY ELIGIBLE 

11 LENDERS. 

12 Section 433 (20 U.S.C. 1083) is amended by adding 

13 at the end the following: 

14 ‘‘(f) BORROWER INFORMATION AND PRIVACY.—Each 

15 entity participating in a program under this part that is 

16 subject to subtitle A of title V of the Gramm-Leach-Bliley 

17 Act (15 U.S.C. 6801 et seq.) shall only use, release, dis18 close, sell, transfer, or give student information, including 

19 the name, address, social security number, or amount bor20 rowed by a borrower or a borrower’s parent, in accordance 

21 with the provisions of such subtitle. 

22 ‘‘(g) LOAN BENEFIT DISCLOSURES.—

23 ‘‘(1) IN GENERAL.—Each eligible lender, hold24 er, or servicer of a loan made, insured, or guaran25 teed under this part shall provide the borrower with 
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1 information on the loan benefit repayment options 

2 the lender, holder, or servicer offer, including infor3 mation on reductions in interest rates—

4 ‘‘(A) by repaying the loan by automatic 

5 payroll or checking account deduction; 

6 ‘‘(B) by completing a program of on-time 

7 repayment; and 

8 ‘‘(C) under any other interest rate reduc9 tion program. 

10 ‘‘(2) INFORMATION.—Such borrower informa11 tion shall include—

12 ‘‘(A) any limitations on such options; 

13 ‘‘(B) explicit information on the reasons a 

14 borrower may lose eligibility for such an option; 

15 ‘‘(C) examples of the impact the interest 

16 rate reductions will have on a borrower’s time 

17 for repayment and amount of repayment; 

18 ‘‘(D) upon the request of the borrower, the 

19 effect the reductions in interest rates will have 

20 with respect to the borrower’s payoff amount 

21 and time for repayment; and 

22 ‘‘(E) information on borrower recertifi23 cation requirements.’’. 
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1 SEC. 427. CONSUMER EDUCATION INFORMATION. 

2 Part B (20 U.S.C. 1071 et seq.) is amended by in3 serting after section 433 (20 U.S.C. 1083) the following: 

4 ‘‘SEC. 433A. CONSUMER EDUCATION INFORMATION. 

5 ‘‘Each guaranty agency participating in a program 

6 under this part, working with the institutions of higher 

7 education served by such guaranty agency (or in the case 

8 of an institution of higher education that provides loans 

9 exclusively through part D, the institution working with 

10 a guaranty agency or with the Secretary), shall develop 

11 and make available a high-quality educational program 

12 and materials to provide training for students in budg13 eting and financial management, including debt manage14 ment and other aspects of financial literacy, such as the 

15 cost of using very high interest loans to pay for postsec16 ondary education, particularly as budgeting and financial 

17 management relates to student loan programs authorized 

18 by this title. Nothing in this section shall be construed 

19 to prohibit a guaranty agency from using an existing pro20 gram or existing materials to meet the requirement of this 

21 section. The activities described in this section shall be 

22 considered default reduction activities for the purposes of 

23 section 422.’’. 

24 SEC. 428. DEFINITION OF ELIGIBLE LENDER. 

25 Section 435(d) (20 U.S.C. 1085(d)) is amended—

26 (1) in paragraph (5)—
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1 (A) by redesignating subparagraphs (C) 

2 and (D) as subparagraphs (H) and (I), respec3 tively; and 

4 (B) by striking subparagraphs (A) and (B) 

5 and inserting the following: 

6 ‘‘(A) offered, directly or indirectly, points, 

7 premiums, payments (including payments for 

8 referrals and for processing or finder fees), 

9 prizes, stock or other securities, travel, enter10 tainment expenses, tuition repayment, the pro11 vision of information technology equipment at 

12 below-market value, additional financial aid 

13 funds, or other inducements to any institution 

14 of higher education or any employee of an insti15 tution of higher education in order to secure 

16 applicants for loans under this part; 

17 ‘‘(B) conducted unsolicited mailings, by 

18 postal or electronic means, of student loan ap19 plication forms to students enrolled in sec20 ondary school or postsecondary institutions, or 

21 to parents of such students, except that applica22 tions may be mailed, by postal or electronic 

23 means, to students or borrowers who have pre24 viously received loans under this part from such 

25 lender; 
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1 ‘‘(C) entered into any type of consulting 

2 arrangement, or other contract to provide serv3 ices to a lender, with an employee who is em4 ployed in the financial aid office of an institu5 tion of higher education, or who otherwise has 

6 responsibilities with respect to student loans or 

7 other financial aid of the institution; 

8 ‘‘(D) compensated an employee who is em9 ployed in the financial aid office of an institu10 tion of higher education, or who otherwise has 

11 responsibilities with respect to educational loans 

12 or other financial aid of the institution, and 

13 who is serving on an advisory board, commis14 sion, or group established by a lender or group 

15 of lenders for providing such service, except 

16 that the eligible lender may reimburse such em17 ployee for reasonable expenses incurred in pro18 viding such service; 

19 ‘‘(E) performed for an institution of higher 

20 education any function that the institution of 

21 higher education is required to carry out under 

22 part B, D, or G; 

23 ‘‘(F) paid, on behalf of an institution of 

24 higher education, another person to perform 

25 any function that the institution of higher edu-
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1 cation is required to perform under part B, D, 

2 or G; 

3 ‘‘(G) provided payments or other benefits 

4 to a student at an institution of higher edu5 cation to act as the lender’s representative to 

6 secure applications under this title from indi7 vidual prospective borrowers, unless such stu8 dent—

9 ‘‘(i) is also employed by the lender for 

10 other purposes; and 

11 ‘‘(ii) made all appropriate disclosures 

12 regarding such employment;’’; and 

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

14 ‘‘(8) SUNSET OF AUTHORITY FOR SCHOOL AS

15 LENDER PROGRAM.—

16 ‘‘(A) SUNSET.—The authority provided 

17 under subsection (d)(1)(E) for an institution to 

18 serve as an eligible lender, and under paragraph 

19 (7) for an eligible lender to serve as a trustee 

20 for an institution of higher education or an or21 ganization affiliated with an institution of high22 er education, shall expire on June 30, 2012. 

23 ‘‘(B) APPLICATION TO EXISTING INSTITU24 TIONAL LENDERS.—An institution that was an 

25 eligible lender under this subsection, or an eligi-
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1 ble lender that served as a trustee for an insti2 tution of higher education or an organization 

3 affiliated with an institution of higher education 

4 under paragraph (7), before June 30, 2012, 

5 shall—

6 ‘‘(i) not issue any new loans in such 

7 a capacity under part B after June 30, 

8 2012; and 

9 ‘‘(ii) continue to carry out the institu10 tion’s responsibilities for any loans issued 

11 by the institution under part B on or be12 fore June 30, 2012, except that, beginning 

13 on June 30, 2011, the eligible institution 

14 or trustee may, notwithstanding any other 

15 provision of this Act, sell or otherwise dis16 pose of such loans if all profits from the 

17 divestiture are used for need-based grant 

18 programs at the institution. 

19 ‘‘(C) AUDIT REQUIREMENT.—All institu20 tions serving as an eligible lender under sub21 section (d)(1)(E) and all eligible lenders serving 

22 as a trustee for an institution of higher edu23 cation or an organization affiliated with an in24 stitution of higher education shall annually 
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1 complete and submit to the Secretary a compli2 ance audit to determine whether—

3 ‘‘(i) the institution or lender is using 

4 all proceeds from special allowance pay5 ments and interest payments from bor6 rowers, interest subsidies received from the 

7 Department, and any proceeds from the 

8 sale or other disposition of loans, for need9 based aid programs, in accordance with 

10 section 435(d)(2)(A)(viii); 

11 ‘‘(ii) the institution or lender is using 

12 no more than a reasonable portion of the 

13 proceeds described in section 

14 435(d)(2)(A)(viii) for direct administrative 

15 expenses; and 

16 ‘‘(iii) the institution or lender is en17 suring that the proceeds described in sec18 tion 435(d)(2)(A)(viii) are being used to 

19 supplement, and not to supplant, non-Fed20 eral funds that would otherwise be used for 

21 need-based grant programs.’’. 

22 SEC. 429. DISCHARGE AND CANCELLATION RIGHTS IN 

23 CASES OF DISABILITY. 

24 (a) FFEL AND DIRECT LOANS.—Section 437(a) (20 

25 U.S.C. 1087) is amended—
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1 (1) by inserting ‘‘, or if a student borrower who 

2 has received such a loan is unable to engage in any 

3 substantial gainful activity by reason of any medi4 cally determinable physical or mental impairment 

5 that can be expected to result in death, has lasted 

6 for a continuous period of not less than 60 months, 

7 or can be expected to last for a continuous period of 

8 not less than 60 months’’ after ‘‘of the Secretary),’’; 

9 and 

10 (2) by adding at the end the following: ‘‘The 

11 Secretary may develop such safeguards as the Sec12 retary determines necessary to prevent fraud and 

13 abuse in the discharge of liability under this sub14 section. Notwithstanding any other provision of this 

15 subsection, the Secretary may promulgate regula16 tions to resume collection on loans discharged under 

17 this subsection in any case in which—

18 ‘‘(1) a borrower received a discharge of liability 

19 under this subsection and after the discharge the 

20 borrower—

21 ‘‘(A) receives a loan made, insured or 

22 guaranteed under this title; or 

23 ‘‘(B) has earned income in excess of the 

24 poverty line; or 

25 ‘‘(2) the Secretary determines necessary.’’. 
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1 (b) PERKINS.—Section 464(c) (20 U.S.C. 1087dd(c)) 

2 is amended—

3 (1) in paragraph (1)(F)—

4 (A) by striking ‘‘or if he’’ and inserting ‘‘if 

5 the borrower’’; and 

6 (B) by inserting ‘‘, or if the borrower is 

7 unable to engage in any substantial gainful ac8 tivity by reason of any medically determinable 

9 physical or mental impairment that can be ex10 pected to result in death, has lasted for a con11 tinuous period of not less than 60 months, or 

12 can be expected to last for a continuous period 

13 of not less than 60 months’’ after ‘‘the Sec14 retary’’; and 

15 (2) by adding at the end the following: 

16 ‘‘(8) The Secretary may develop such additional 

17 safeguards as the Secretary determines necessary to 

18 prevent fraud and abuse in the cancellation of liabil19 ity under paragraph (1)(F). Notwithstanding para20 graph (1)(F), the Secretary may promulgate regula21 tions to resume collection on loans cancelled under 

22 paragraph (1)(F) in any case in which—

23 ‘‘(A) a borrower received a cancellation of 

24 liability under paragraph (1)(F) and after the 

25 cancellation the borrower—
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1 ‘‘(i) receives a loan made, insured or 

2 guaranteed under this title; or 

3 ‘‘(ii) has earned income in excess of 

4 the poverty line; or 

5 ‘‘(B) the Secretary determines necessary.’’. 

6 (c) EFFECTIVE DATE.—The amendments made by 

7 subsections (a) and (b) shall take effect on July 1, 2008. 

8 PART C—FEDERAL WORK-STUDY PROGRAMS 

9 SEC. 441. AUTHORIZATION OF APPROPRIATIONS. 

10 Section 441(b) (42 U.S.C. 2751(b)) is amended by 

11 striking ‘‘$1,000,000,000 for fiscal year 1999’’ and all 

12 that follows through the period and inserting ‘‘such sums 

13 as may be necessary for fiscal year 2008 and each of the 

14 5 succeeding fiscal years.’’. 

15 SEC. 442. ALLOWANCE FOR BOOKS AND SUPPLIES. 

16 Section 442(c)(4)(D) (42 U.S.C. 2752(c)(4)(D)) is 

17 amended by striking ‘‘$450’’ and inserting ‘‘$600’’. 

18 SEC. 443. GRANTS FOR FEDERAL WORK-STUDY PROGRAMS. 

19 Section 443(b)(2) (42 U.S.C. 2753(b)(2)) is amend20 ed—

21 (1) by striking subparagraph (A); 

22 (2) by redesignating subparagraphs (B) and 

23 (C) as subparagraphs (A) and (B), respectively; and 

24 (3) in subparagraph (A) (as redesignated by 

25 paragraph (2)), by striking ‘‘this subparagraph if’’ 
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1 and all that follows through ‘‘institution;’’ and in2 serting ‘‘this subparagraph if—

3 ‘‘(i) the Secretary determines that en4 forcing this subparagraph would cause 

5 hardship for students at the institution; or 

6 ‘‘(ii) the institution certifies to the 

7 Secretary that 15 percent or more of its 

8 total full-time enrollment participates in 

9 community service activities described in 

10 section 441(c) or tutoring and literacy ac11 tivities described in subsection (d) of this 

12 section;’’. 

13 SEC. 444. JOB LOCATION AND DEVELOPMENT PROGRAMS. 

14 Section 446(a)(1) (42 U.S.C. 2756(a)(1)) is amended 

15 by striking ‘‘$50,000’’ and inserting ‘‘$75,000’’. 

16 SEC. 445. WORK COLLEGES. 

17 Section 448 (42 U.S.C. 2756b) is amended—

18 (1) in subsection (a), by striking ‘‘work-learn19 ing’’ and inserting ‘‘work-learning-service’’; 

20 (2) in subsection (b)—

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

22 subsection (f)’’ and inserting ‘‘for this section 

23 under section 441(b)’’; and 

24 (B) in paragraph (2)—
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1 (i) in the matter preceding subpara2 graph (A), by striking ‘‘pursuant to sub3 section (f)’’ and inserting ‘‘for this section 

4 under section 441(b)’’; 

5 (ii) in subparagraph (A), by striking 

6 ‘‘work-learning program’’ and inserting 

7 ‘‘comprehensive work-learning-service pro8 gram’’; 

9 (iii) by redesignating subparagraphs 

10 (C) through (F) as subparagraphs (D) 

11 through (G), respectively; 

12 (iv) by inserting after subparagraph 

13 (B) the following: 

14 ‘‘(C) support existing and new model stu15 dent volunteer community service projects asso16 ciated with local institutions of higher edu17 cation, such as operating drop-in resource cen18 ters that are staffed by students and that link 

19 people in need with the resources and opportu20 nities necessary to become self-sufficient; and’’; 

21 (v) in subparagraph (E) (as redesig22 nated by clause (iii)), by striking ‘‘work23 learning’’ each place the term occurs and 

24 inserting ‘‘work-learning-service’’; and 
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1 (vi) in subparagraph (F) (as redesig2 nated by clause (iii)), by striking ‘‘work 

3 service learning’’ and inserting ‘‘work4 learning-service’’; 

5 (3) in subsection (c), by striking ‘‘by subsection 

6 (f) to use funds under subsection (b)(1)’’ and insert7 ing ‘‘for this section under section 441(b) or to use 

8 funds under subsection (b)(1),’’; 

9 (4) in subsection (e)—

10 (A) in paragraph (1)—

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

12 ‘‘4-year, degree-granting’’ after ‘‘non13 profit’’; 

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

15 ‘‘work-learning’’ and inserting ‘‘work-learn16 ing-service’’; 

17 (iii) by striking subparagraph (C) and 

18 inserting the following: 

19 ‘‘(C) requires all resident students, including at least 1 20 ⁄2 of all resident students who are 

21 enrolled on a full-time basis, to participate in a 

22 comprehensive work-learning-service program 

23 for not less than 5 hours each week, or not less 

24 than 80 hours during each period of enrollment 

25 except summer school, unless the student is en-
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1 gaged in a study abroad or externship program 

2 that is organized or approved by the institution; 

3 and’’; and 

4 (iv) in subparagraph (D), by striking 

5 ‘‘work-learning’’ and inserting ‘‘work-learn6 ing-service’’; and 

7 (B) by striking paragraph (2) and insert8 ing the following: 

9 ‘‘(2) the term ‘comprehensive work-learning10 service program’ means a student work-learning11 service program that—

12 ‘‘(A) is an integral and stated part of the 

13 institution’s educational philosophy and pro14 gram; 

15 ‘‘(B) requires participation of all resident 

16 students for enrollment and graduation; 

17 ‘‘(C) includes learning objectives, evalua18 tion, and a record of work performance as part 

19 of the student’s college record; 

20 ‘‘(D) provides programmatic leadership by 

21 college personnel at levels comparable to tradi22 tional academic programs; 

23 ‘‘(E) recognizes the educational role of 

24 work-learning-service supervisors; and 
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1 ‘‘(F) includes consequences for non2 performance or failure in the work-learning3 service program similar to the consequences for 

4 failure in the regular academic program.’’; and 

5 (5) by striking subsection (f). 

6 PART D—FEDERAL PERKINS LOANS 

7 SEC. 451. PROGRAM AUTHORITY. 

8 Section 461(b)(1) (20 U.S.C. 1087aa(b)(1)) is 

9 amended by striking ‘‘$250,000,000 for fiscal year 1999’’ 

10 and all that follows through the period and inserting ‘‘such 

11 sums as may be necessary for each of the fiscal years 2008 

12 through 2012.’’. 

13 SEC. 451A. ALLOWANCE FOR BOOKS AND SUPPLIES. 

14 Section 462(c)(4)(D) (20 U.S.C. 1087bb(c)(4)(D)) is 

15 amended by striking ‘‘$450’’ and inserting ‘‘$600’’. 

16 SEC. 451B. PERKINS LOAN FORBEARANCE. 

17 Section 464 (20 U.S.C. 1087dd) is amended—

18 (1) in subsection (e)—

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

20 by striking ‘‘, upon written request,’’ and in21 serting ‘‘, as documented in accordance with 

22 paragraph (2),’’; 

23 (B) by redesignating paragraphs (1) 

24 through (3) as subparagraphs (A) through (C), 

25 respectively; 
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1 (C) by inserting ‘‘(1)’’ after ‘‘FORBEAR2 ANCE.—’’; and 

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

4 ‘‘(2) For the purpose of paragraph (1), the terms of 

5 forbearance agreed to by the parties shall be documented 

6 by—

7 ‘‘(A) confirming the agreement of the borrower 

8 by notice to the borrower from the institution of 

9 higher education; and 

10 ‘‘(B) recording the terms in the borrower’s 

11 file.’’; and 

12 (2) in subsection (j), by striking ‘‘(e)(3)’’ and 

13 inserting ‘‘(e)(1)(C)’’. 

14 SEC. 452. CANCELLATION OF LOANS FOR CERTAIN PUBLIC 

15 SERVICE. 

16 Section 465(a) (20 U.S.C. 1087ee(a)) is amended—

17 (1) in paragraph (2)—

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

19 ‘‘Head Start Act which’’ and inserting ‘‘Head 

20 Start Act, or in a prekindergarten or child care 

21 program that is licensed or regulated by the 

22 State, that’’; 

23 (B) in subparagraph (H), by striking ‘‘or’’ 

24 after the semicolon; 
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1 (C) in subparagraph (I), by striking the 

2 period and inserting a semicolon; and 

3 (D) by inserting before the matter fol4 lowing subparagraph (I) (as amended by sub5 paragraph (C)) the following: 

6 ‘‘(J) as a full-time faculty member at a Tribal 

7 College or University, as that term is defined in sec8 tion 316; 

9 ‘‘(K) as a librarian, if the librarian has a mas10 ter’s degree in library science and is employed in—

11 ‘‘(i) an elementary school or secondary 

12 school that is eligible for assistance under title 

13 I of the Elementary and Secondary Education 

14 Act of 1965; or 

15 ‘‘(ii) a public library that serves a geo16 graphic area that contains 1 or more schools el17 igible for assistance under title I of the Elemen18 tary and Secondary Education Act of 1965; or 

19 ‘‘(L) as a full-time speech language therapist, if 

20 the therapist has a master’s degree and is working 

21 exclusively with schools that are eligible for assist22 ance under title I of the Elementary and Secondary 

23 Education Act of 1965.’’; and 

24 (2) in paragraph (3)(A)—

25 (A) in clause (i)—
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1 (i) by inserting ‘‘(D),’’ after ‘‘(C),’’; 

2 and 

3 (ii) by striking ‘‘or (I)’’ and inserting 

4 ‘‘(I), (J), (K), or (L)’’; 

5 (B) in clause (ii), by inserting ‘‘or’’ after 

6 the semicolon; 

7 (C) by striking clause (iii); and 

8 (D) by redesignating clause (iv) as clause 

9 (iii). 

10 PART E—NEED ANALYSIS 

11 SEC. 461. COST OF ATTENDANCE. 

12 (a) AMENDMENTS.—Section 472(3) (20 U.S.C. 

13 1087kk(3)) is amended—

14 (1) in subparagraph (B), by striking ‘‘and’’ 

15 after the semicolon; 

16 (2) by redesignating subparagraph (C) as sub17 paragraph (D); and 

18 (3) by inserting after subparagraph (B), as 

19 amended by paragraph (1), the following: 

20 ‘‘(C) for students who live in housing lo21 cated on a military base or for which a basic al22 lowance is provided under section 403(b) of title 

23 37, United States Code, shall be an allowance 

24 based on the expenses reasonably incurred by 

25 such students for board but not for room; and’’. 
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1 (b) EFFECTIVE DATE.—The amendments made by 

2 subsection (a) shall take effect on July 1, 2008. 

3 SEC. 462. DEFINITIONS. 

4 (a) AMENDMENT.—Section 480(b)(6) (20 U.S.C. 

5 1087vv(b)(6)) is amended by inserting ‘‘, except that the 

6 value of on-base military housing or the value of basic al7 lowance for housing determined under section 403(b) of 

8 title 37, United States Code, received by the parents, in 

9 the case of a dependent student, or the student or stu10 dent’s spouse, in the case of an independent student, shall 

11 be excluded’’ before the semicolon. 

12 (b) EFFECTIVE DATE.—The amendment made by 

13 subsection (a) shall take effect on July 1, 2008. 

14 PART F—GENERAL PROVISIONS RELATING TO 

15 STUDENT ASSISTANCE 

16 SEC. 471. DEFINITIONS. 

17 Section 481(a)(2)(B) (20 U.S.C. 1088(a)(2)(B)) is 

18 amended by inserting ‘‘and that measures program length 

19 in credit hours or clock hours’’ after ‘‘baccalaureate de20 gree’’. 

21 SEC. 472. COMPLIANCE CALENDAR. 

22 Section 482 (20 U.S.C. 1089) is amended by adding 

23 at the end the following: 

24 ‘‘(e) COMPLIANCE CALENDAR.—Prior to the begin25 ning of each award year, the Secretary shall provide to 
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1 institutions of higher education a list of all the reports 

2 and disclosures required under this Act. The list shall in3 clude—

4 ‘‘(1) the date each report or disclosure is re5 quired to be completed and to be submitted, made 

6 available, or disseminated; 

7 ‘‘(2) the required recipients of each report or 

8 disclosure; 

9 ‘‘(3) any required method for transmittal or 

10 dissemination of each report or disclosure; 

11 ‘‘(4) a description of the content of each report 

12 or disclosure sufficient to allow the institution to 

13 identify the appropriate individuals to be assigned 

14 the responsibility for such report or disclosure; 

15 ‘‘(5) references to the statutory authority, ap16 plicable regulations, and current guidance issued by 

17 the Secretary regarding each report or disclosure; 

18 and 

19 ‘‘(6) any other information which is pertinent to 

20 the content or distribution of the report or disclo21 sure.’’. 

22 SEC. 473. FORMS AND REGULATIONS. 

23 Section 483 (20 U.S.C. 1090) is amended—

24 (1) by striking subsections (a) and (b) and in25 serting the following: 
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1 ‘‘(a) COMMON FINANCIAL AID FORM DEVELOPMENT

2 AND PROCESSING.—

3 ‘‘(1) IN GENERAL.—

4 ‘‘(A) COMMON FORMS.—The Secretary, in 

5 cooperation with representatives of agencies and 

6 organizations involved in student financial as7 sistance, shall produce, distribute, and process 

8 free of charge common financial reporting 

9 forms as described in this subsection to be used 

10 to determine the need and eligibility of a stu11 dent for financial assistance under parts A 

12 through E of this title (other than under sub13 part 4 of part A). The forms shall be made 

14 available to applicants in both paper and elec15 tronic formats. 

16 ‘‘(B) FAFSA.—The common financial re17 porting forms described in this subsection (ex18 cluding the form described in paragraph 

19 (2)(B)), shall be referred to collectively as the 

20 ‘Free Application for Federal Student Aid’, or 

21 ‘FAFSA’. 

22 ‘‘(2) PAPER FORMAT.—

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

24 encourage applicants to file the electronic 

25 versions of the forms described in paragraph 
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1 (3), but shall develop, make available, and proc2 ess—

3 ‘‘(i) a paper version of EZ FAFSA, as 

4 described in subparagraph (B); and 

5 ‘‘(ii) a paper version of the other 

6 forms described in this subsection, in ac7 cordance with subparagraph (C), for any 

8 applicant who does not meet the require9 ments of or does not wish to use the proc10 ess described in subparagraph (B). 

11 ‘‘(B) EZ FAFSA.—

12 ‘‘(i) IN GENERAL.—The Secretary 

13 shall develop and use, after appropriate 

14 field testing, a simplified paper application 

15 form for applicants meeting the require16 ments of section 479(c), which form shall 

17 be referred to as the ‘EZ FAFSA’. 

18 ‘‘(ii) REQUIRED FEDERAL DATA ELE19 MENTS.—The Secretary shall include on 

20 the EZ FAFSA only the data elements re21 quired to determine student eligibility and 

22 whether the applicant meets the require23 ments of section 479(c). 

24 ‘‘(iii) REQUIRED STATE DATA ELE25 MENTS.—The Secretary shall include on 
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1 the EZ FAFSA such data items as may be 

2 necessary to award State financial assist3 ance, as provided under paragraph (5), ex4 cept the Secretary shall not include a 

5 State’s data if that State does not permit 

6 its applicants for State assistance to use 

7 the EZ FAFSA. 

8 ‘‘(iv) FREE AVAILABILITY AND DATA

9 DISTRIBUTION.—The provisions of para10 graphs (6) and (10) shall apply to the EZ 

11 FAFSA. 

12 ‘‘(C) PHASE-OUT OF FULL PAPER

13 FAFSA.—

14 ‘‘(i) PHASE-OUT OF PRINTING OF

15 FULL PAPER FAFSA.—At such time as the 

16 Secretary determines that it is not cost-ef17 fective to print the full paper version of 

18 FAFSA, the Secretary shall—

19 ‘‘(I) phase out the printing of the 

20 full paper version of FAFSA; 

21 ‘‘(II) maintain on the Internet 

22 easily accessible, downloadable for23 mats of the full paper version of 

24 FAFSA; and 
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1 ‘‘(III) provide a printed copy of 

2 the full paper version of FAFSA upon 

3 request. 

4 ‘‘(ii) USE OF SAVINGS.—The Sec5 retary shall utilize any savings realized by 

6 phasing out the printing of the full paper 

7 version of FAFSA and moving applicants 

8 to the electronic versions of FAFSA, to im9 prove access to the electronic versions for 

10 applicants meeting the requirements of 

11 section 479(c). 

12 ‘‘(3) ELECTRONIC VERSIONS.—

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

14 produce, make available through a broadly 

15 available website, and process electronic 

16 versions of the FAFSA and the EZ FAFSA. 

17 ‘‘(B) MINIMUM QUESTIONS.—The Sec18 retary shall use all available technology to en19 sure that a student using an electronic version 

20 of the FAFSA under this paragraph answers 

21 only the minimum number of questions nec22 essary. 

23 ‘‘(C) REDUCED REQUIREMENTS.—The 

24 Secretary shall enable applicants who meet the 

25 requirements of subsection (b) or (c) of section 
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1 479 to provide information on the electronic 

2 version of the FAFSA only for the data ele3 ments required to determine student eligibility 

4 and whether the applicant meets the require5 ments of subsection (b) or (c) of section 479. 

6 ‘‘(D) STATE DATA.—The Secretary shall 

7 include on the electronic version of the FAFSA 

8 the questions needed to determine whether the 

9 applicant is eligible for State financial assist10 ance, as provided under paragraph (5), except 

11 that the Secretary shall not—

12 ‘‘(i) require applicants to complete 

13 data required by any State other than the 

14 applicant’s State of residence; and 

15 ‘‘(ii) include a State’s data if such 

16 State does not permit its applicants for 

17 State assistance to use the electronic 

18 version of the FAFSA described in this 

19 paragraph. 

20 ‘‘(E) FREE AVAILABILITY AND DATA DIS21 TRIBUTION.—The provisions of paragraphs (6) 

22 and (10) shall apply to the electronic version of 

23 the FAFSA. 

24 ‘‘(F) USE OF FORMS.—Nothing in this 

25 subsection shall be construed to prohibit the use 
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1 of the electronic versions of the forms developed 

2 by the Secretary pursuant to this paragraph by 

3 an eligible institution, eligible lender, a guar4 anty agency, a State grant agency, a private 

5 computer software provider, a consortium of 

6 such entities, or such other entity as the Sec7 retary may designate. Data collected by the 

8 electronic versions of such forms shall be used 

9 only for the application, award, and administra10 tion of aid awarded under this title, State aid, 

11 or aid awarded by eligible institutions or such 

12 entities as the Secretary may designate. No 

13 data collected by such electronic versions of the 

14 forms shall be used for making final aid awards 

15 under this title until such data have been proc16 essed by the Secretary or a contractor or des17 ignee of the Secretary, except as may be per18 mitted under this title. 

19 ‘‘(G) PRIVACY.—The Secretary shall en20 sure that data collection under this paragraph 

21 complies with section 552a of title 5, United 

22 States Code, and that any entity using an elec23 tronic version of a form developed by the Sec24 retary under this paragraph shall maintain rea25 sonable and appropriate administrative, tech-
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1 nical, and physical safeguards to ensure the in2 tegrity and confidentiality of the information, 

3 and to protect against security threats, or un4 authorized uses or disclosures of the informa5 tion provided on the electronic version of the 

6 form. 

7 ‘‘(H) SIGNATURE.—Notwithstanding any 

8 other provision of this Act, the Secretary may 

9 permit an electronic version of a form developed 

10 under this paragraph to be submitted without a 

11 signature, if a signature is subsequently sub12 mitted by the applicant or if the applicant uses 

13 a personal identification number provided by 

14 the Secretary under subparagraph (I). 

15 ‘‘(I) PERSONAL IDENTIFICATION NUMBERS

16 AUTHORIZED.—The Secretary is authorized to 

17 assign to an applicant a personal identification 

18 number—

19 ‘‘(i) to enable the applicant to use 

20 such number as a signature for purposes 

21 of completing an electronic version of a 

22 form developed under this paragraph; and 

23 ‘‘(ii) for any purpose determined by 

24 the Secretary to enable the Secretary to 

25 carry out this title. 
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1 ‘‘(J) PERSONAL IDENTIFICATION NUMBER

2 IMPROVEMENT.—Not later than 180 days after 

3 the date of enactment of the Higher Education 

4 Amendments of 2007, the Secretary shall im5 plement a real-time data match between the So6 cial Security Administration and the Depart7 ment to minimize the time required for an ap8 plicant to obtain a personal identification num9 ber when applying for aid under this title 

10 through an electronic version of a form devel11 oped under this paragraph. 

12 ‘‘(4) STREAMLINED REAPPLICATION PROC13 ESS.—

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

15 develop streamlined paper and electronic re16 application forms and processes for an appli17 cant who applies for financial assistance under 

18 this title in the next succeeding academic year 

19 subsequent to an academic year for which such 

20 applicant applied for financial assistance under 

21 this title. 

22 ‘‘(B) UPDATING OF DATA ELEMENTS.—

23 The Secretary shall determine, in cooperation 

24 with States, institutions of higher education, 

25 agencies, and organizations involved in student 
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1 financial assistance, the data elements that may 

2 be transferred from the previous academic 

3 year’s application and those data elements that 

4 shall be updated. 

5 ‘‘(C) REDUCED DATA AUTHORIZED.—

6 Nothing in this title shall be construed as lim7 iting the authority of the Secretary to reduce 

8 the number of data elements required of re9 applicants. 

10 ‘‘(D) ZERO FAMILY CONTRIBUTION.—Ap11 plicants determined to have a zero family con12 tribution pursuant to section 479(c) shall not 

13 be required to provide any financial data in a 

14 reapplication form, except data that are nec15 essary to determine eligibility under such sec16 tion. 

17 ‘‘(5) STATE REQUIREMENTS.—

18 ‘‘(A) IN GENERAL.—Except as provided in 

19 paragraphs (2)(B)(iii), (3)(D), and (4)(B), the 

20 Secretary shall include on the forms developed 

21 under this subsection, such State-specific data 

22 items as the Secretary determines are necessary 

23 to meet State requirements for need-based 

24 State aid. Such items shall be selected in con25 sultation with State agencies in order to assist 
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1 in the awarding of State financial assistance in 

2 accordance with the terms of this subsection. 

3 The number of such data items shall not be less 

4 than the number included on the common fi5 nancial reporting form for the 2005–2006 

6 award year unless a State notifies the Secretary 

7 that the State no longer requires those data 

8 items for the distribution of State need-based 

9 aid. 

10 ‘‘(B) ANNUAL REVIEW.—The Secretary 

11 shall conduct an annual review to determine—

12 ‘‘(i) which data items each State re13 quires to award need-based State aid; and 

14 ‘‘(ii) if the State will permit an appli15 cant to file a form described in paragraph 

16 (2)(B) or (3)(C). 

17 ‘‘(C) USE OF SIMPLIFIED APPLICATION

18 FORMS ENCOURAGED.—The Secretary shall en19 courage States to take such steps as are nec20 essary to encourage the use of simplified forms 

21 under this subsection, including those forms de22 scribed in paragraphs (2)(B) and (3)(C), for 

23 applicants who meet the requirements of sub24 section (b) or (c) of section 479. 
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1 ‘‘(D) CONSEQUENCES IF STATE DOES NOT

2 ACCEPT SIMPLIFIED FORMS.—If a State does 

3 not permit an applicant to file a form described 

4 in paragraph (2)(B) or (3)(C) for purposes of 

5 determining eligibility for State need-based fi6 nancial aid, the Secretary may determine that 

7 State-specific questions for such State will not 

8 be included on a form described in paragraph 

9 (2)(B) or (3)(B). If the Secretary makes such 

10 determination, the Secretary shall advise the 

11 State of the Secretary’s determination. 

12 ‘‘(E) LACK OF STATE RESPONSE TO RE13 QUEST FOR INFORMATION.—If a State does not 

14 respond to the Secretary’s request for informa15 tion under subparagraph (B), the Secretary 

16 shall—

17 ‘‘(i) permit residents of that State to 

18 complete simplified forms under para19 graphs (2)(B) and (3)(B); and 

20 ‘‘(ii) not require any resident of such 

21 State to complete any data items pre22 viously required by that State under this 

23 section. 

24 ‘‘(F) RESTRICTION.—The Secretary shall 

25 not require applicants to complete any financial 
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1 or non-financial data items that are not re2 quired—

3 ‘‘(i) by the applicant’s State; or 

4 ‘‘(ii) by the Secretary. 

5 ‘‘(6) CHARGES TO STUDENTS AND PARENTS

6 FOR USE OF FORMS PROHIBITED.—The need and 

7 eligibility of a student for financial assistance under 

8 parts A through E (other than under subpart 4 of 

9 part A) may be determined only by using a form de10 veloped by the Secretary under this subsection. Such 

11 forms shall be produced, distributed, and processed 

12 by the Secretary, and no parent or student shall be 

13 charged a fee by the Secretary, a contractor, a third14 party servicer or private software provider, or any 

15 other public or private entity for the collection, proc16 essing, or delivery of financial aid through the use 

17 of such forms. No data collected on a paper or elec18 tronic version of a form developed under this sub19 section, or other document that was created to re20 place, or used to complete, such a form, and for 

21 which a fee was paid, shall be used. 

22 ‘‘(7) RESTRICTIONS ON USE OF PIN.—No per23 son, commercial entity, or other entity shall request, 

24 obtain, or utilize an applicant’s personal identifica25 tion number assigned under paragraph (3)(I) for 
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1 purposes of submitting a form developed under this 

2 subsection on an applicant’s behalf. 

3 ‘‘(8) APPLICATION PROCESSING CYCLE.—The 

4 Secretary shall enable students to submit forms de5 veloped under this subsection and initiate the proc6 essing of such forms under this subsection, as early 

7 as practicable prior to January 1 of the student’s 

8 planned year of enrollment. 

9 ‘‘(9) EARLY ESTIMATES OF EXPECTED FAMILY

10 CONTRIBUTIONS.—The Secretary shall permit an ap11 plicant to complete a form described in this sub12 section in the years prior to enrollment in order to 

13 obtain from the Secretary a nonbinding estimate of 

14 the applicant’s expected family contribution, com15 puted in accordance with part F. Such applicant 

16 shall be permitted to update information submitted 

17 on a form described in this subsection using the 

18 process required under paragraph (4). 

19 ‘‘(10) DISTRIBUTION OF DATA.—Institutions of 

20 higher education, guaranty agencies, and States 

21 shall receive, without charge, the data collected by 

22 the Secretary using a form developed under this sub23 section for the purposes of processing loan applica24 tions and determining need and eligibility for insti25 tutional and State financial aid awards. Entities des-
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1 ignated by institutions of higher education, guaranty 

2 agencies, or States to receive such data shall be sub3 ject to all the requirements of this section, unless 

4 such requirements are waived by the Secretary. 

5 ‘‘(11) THIRD PARTY SERVICERS AND PRIVATE

6 SOFTWARE PROVIDERS.—To the extent practicable 

7 and in a timely manner, the Secretary shall provide, 

8 to private organizations and consortia that develop 

9 software used by institutions of higher education for 

10 the administration of funds under this title, all the 

11 necessary specifications that the organizations and 

12 consortia must meet for the software the organiza13 tions and consortia develop, produce, and distribute 

14 (including any diskette, modem, or network commu15 nications) which are so used. The specifications shall 

16 contain record layouts for required data. The Sec17 retary shall develop in advance of each processing 

18 cycle an annual schedule for providing such speci19 fications. The Secretary, to the extent practicable, 

20 shall use multiple means of providing such specifica21 tions, including conferences and other meetings, out22 reach, and technical support mechanisms (such as 

23 training and printed reference materials). The Sec24 retary shall, from time to time, solicit from such or-
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1 ganizations and consortia means of improving the 

2 support provided by the Secretary. 

3 ‘‘(12) PARENT’S SOCIAL SECURITY NUMBER

4 AND BIRTH DATE.—The Secretary is authorized to 

5 include space on the forms developed under this sub6 section for the social security number and birth date 

7 of parents of dependent students seeking financial 

8 assistance under this title.’’; 

9 (2) by redesignating subsections (c) through (e) 

10 (as amended by section 101(b)(11)) as subsections 

11 (b) through (d), respectively; 

12 (3) in subsection (c) (as redesignated by para13 graph (2)), by striking ‘‘that is authorized’’ and all 

14 that follows through the period at the end and in15 serting ‘‘or other appropriate provider of technical 

16 assistance and information on postsecondary edu17 cational services that is authorized under section 

18 663(a) of the Individuals with Disabilities Education 

19 Act. Not later than 2 years after the date of enact20 ment of the Higher Education Amendments of 2007, 

21 the Secretary shall test and implement, to the extent 

22 practicable, a toll-free telephone based system to 

23 permit applicants who meet the requirements of 

24 479(c) to submit an application over such system.’’; 
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1 (4) by striking subsection (d) (as redesignated 

2 by paragraph (2)) and inserting the following: 

3 ‘‘(d) ASSISTANCE IN PREPARATION OF FINANCIAL

4 AID APPLICATION.—

5 ‘‘(1) PREPARATION AUTHORIZED.—Notwith6 standing any provision of this Act, an applicant may 

7 use a preparer for consultative or preparation serv8 ices for the completion of a form developed under 

9 subsection (a) if the preparer satisfies the require10 ments of this subsection. 

11 ‘‘(2) PREPARER IDENTIFICATION REQUIRED.—

12 If an applicant uses a preparer for consultative or 

13 preparation services for the completion of a form de14 veloped under subsection (a), the preparer shall in15 clude the name, signature, address or employer’s ad16 dress, social security number or employer identifica17 tion number, and organizational affiliation of the 

18 preparer on the applicant’s form. 

19 ‘‘(3) ADDITIONAL REQUIREMENTS.—A preparer 

20 that provides consultative or preparation services 

21 pursuant to this subsection shall—

22 ‘‘(A) clearly inform each individual upon 

23 initial contact, including contact through the 

24 Internet or by telephone, that the FAFSA and 

25 EZ FAFSA may be completed for free via 
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1 paper or electronic versions of the forms that 

2 are provided by the Secretary; 

3 ‘‘(B) include in any advertising clear and 

4 conspicuous information that the FAFSA and 

5 EZ FAFSA may be completed for free via 

6 paper or electronic versions of the forms that 

7 are provided by the Secretary; 

8 ‘‘(C) if advertising or providing any infor9 mation on a website, or if providing services 

10 through a website, include on the website a link 

11 to the website described in subsection (a)(3) 

12 that provides the electronic versions of the 

13 forms developed under subsection (a); 

14 ‘‘(D) refrain from producing or dissemi15 nating any form other than the forms developed 

16 by the Secretary under subsection (a); and 

17 ‘‘(E) not charge any fee to any individual 

18 seeking services who meets the requirements of 

19 subsection (b) or (c) of section 479. 

20 ‘‘(4) SPECIAL RULE.—Nothing in this Act shall 

21 be construed to limit preparers of the financial re22 porting forms required to be made under this title 

23 that meet the requirements of this subsection from 

24 collecting source information from a student or par25 ent, including Internal Revenue Service tax forms, in 
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1 providing consultative and preparation services in 

2 completing the forms.’’; and 

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

4 ‘‘(e) EARLY APPLICATION AND AWARD DEMONSTRA5 TION PROGRAM.—

6 ‘‘(1) PURPOSE.—The purpose of the dem7 onstration program implemented under this sub8 section is to determine the feasibility of imple9 menting a comprehensive early application and noti10 fication system for all dependent students and to 

11 measure the benefits and costs of such a system. 

12 ‘‘(2) PROGRAM AUTHORIZED.—Not later than 2 

13 years after the date of enactment of the Higher 

14 Education Amendments of 2007, the Secretary shall 

15 implement an early application demonstration pro16 gram enabling dependent students who wish to par17 ticipate in the program—

18 ‘‘(A) to complete an application under this 

19 subsection during the academic year that is 2 

20 years prior to the year such students plan to 

21 enroll in an institution of higher education; and 

22 ‘‘(B) based on the application described in 

23 subparagraph (A), to obtain, not later than 1 

24 year prior to the year of the students’ planned 

25 enrollment, information on eligibility for Fed-
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1 eral Pell Grants, Federal student loans under 

2 this title, and State and institutional financial 

3 aid for the student’s first year of enrollment in 

4 an the institution of higher education. 

5 ‘‘(3) EARLY APPLICATION AND AWARD.—For 

6 all dependent students selected for participation in 

7 the demonstration program who submit a completed 

8 FAFSA, or, as appropriate, an EZ FAFSA, 2 years 

9 prior to the year such students plan to enroll in an 

10 institution of higher education, the Secretary shall, 

11 not later than 1 year prior to the year of such 

12 planned enrollment—

13 ‘‘(A) provide each student who meets the 

14 requirements under section 479(c) with a deter15 mination of such student’s—

16 ‘‘(i) expected family contribution for 

17 the first year of the student’s enrollment in 

18 an institution of higher education; and 

19 ‘‘(ii) Federal Pell Grant award for the 

20 first such year, based on the maximum 

21 Federal Pell Grant award at the time of 

22 application; 

23 ‘‘(B) provide each student who does not 

24 meet the requirements under section 479(c) 

25 with an estimate of such student’s—
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1 ‘‘(i) expected family contribution for 

2 the first year of the student’s planned en3 rollment; and 

4 ‘‘(ii) Federal Pell Grant award for the 

5 first such year, based on the maximum 

6 Federal Pell Grant award at the time of 

7 application; and 

8 ‘‘(C) remind the students of the need to 

9 update the students’ information during the cal10 endar year of enrollment using the expedited re11 application process provided for in subsection 

12 (a)(4). 

13 ‘‘(4) PARTICIPANTS.—The Secretary shall in14 clude, as participants in the demonstration pro15 gram—

16 ‘‘(A) States selected through the applica17 tion process described in paragraph (5); 

18 ‘‘(B) institutions of higher education with19 in the selected States that are interested in par20 ticipating in the demonstration program, and 

21 that can make estimates or commitments of in22 stitutional student financial aid, as appropriate, 

23 to students the year before the students’ 

24 planned enrollment date; and 
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1 ‘‘(C) secondary schools within the selected 

2 States that are interested in participating in the 

3 demonstration program, and can commit re4 sources to—

5 ‘‘(i) advertising the availability of the 

6 program; 

7 ‘‘(ii) identifying students who might 

8 be interested in participating in the pro9 gram; 

10 ‘‘(iii) encouraging such students to 

11 apply; and 

12 ‘‘(iv) participating in the evaluation of 

13 the program. 

14 ‘‘(5) APPLICATIONS.—States that are interested 

15 in participating in the demonstration program shall 

16 submit an application, to the Secretary at such time, 

17 in such form, and containing such information as 

18 the Secretary shall require. The application shall in19 clude—

20 ‘‘(A) information on the amount of the 

21 State’s need-based student financial assistance 

22 available, and the eligibility criteria for receiv23 ing such assistance; 

24 ‘‘(B) a commitment to make, not later 

25 than the year before the dependent students 
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1 participating in the demonstration program 

2 plan to enroll in an institution of higher edu3 cation—

4 ‘‘(i) determinations of State financial 

5 aid awards to dependent students partici6 pating in the program who meet the re7 quirements of section 479(c); and 

8 ‘‘(ii) estimates of State financial aid 

9 awards to other dependent students par10 ticipating in the program; 

11 ‘‘(C) a plan for recruiting institutions of 

12 higher education and secondary schools with 

13 different demographic characteristics to partici14 pate in the program; 

15 ‘‘(D) a plan for selecting institutions of 

16 higher education and secondary schools to par17 ticipate in the program that—

18 ‘‘(i) demonstrate a commitment to en19 couraging students to submit a FAFSA, 

20 or, as appropriate, an EZ FAFSA, 2 years 

21 before the students’ planned date of enroll22 ment in an institution of higher education; 

23 ‘‘(ii) serve different populations of 

24 students; 
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1 ‘‘(iii) in the case of institutions of 

2 higher education—

3 ‘‘(I) to the extent possible, are of 

4 varying types and control; and 

5 ‘‘(II) commit to making, not later 

6 than the year prior to the year that 

7 dependent students participating in 

8 the demonstration program plan to 

9 enroll in the institution—

10 ‘‘(aa) institutional awards to 

11 participating dependent students 

12 who meet the requirements of 

13 section 479(c); 

14 ‘‘(bb) estimates of institu15 tional awards to other partici16 pating dependent students; and 

17 ‘‘(cc) expected or tentative 

18 awards of grants or other finan19 cial aid available under this title 

20 (including supplemental grants 

21 under subpart 3 of part A), for 

22 all participating dependent stu23 dents, along with information on 

24 State awards, as provided to the 

25 institution by the State; 
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1 ‘‘(E) a commitment to participate in the 

2 evaluation conducted by the Secretary; and 

3 ‘‘(F) such other information as the Sec4 retary may require. 

5 ‘‘(6) SPECIAL PROVISIONS.—

6 ‘‘(A) DISCRETION OF STUDENT FINANCIAL

7 AID ADMINISTRATORS.—A financial aid admin8 istrator at an institution of higher education 

9 participating in a demonstration program under 

10 this subsection may use the discretion provided 

11 under section 479A as necessary in awarding fi12 nancial aid to students participating in the 

13 demonstration program. 

14 ‘‘(B) WAIVERS.—The Secretary is author15 ized to waive, for an institution participating in 

16 the demonstration program, any requirements 

17 under the title, or regulations prescribed under 

18 this title, that would make the demonstration 

19 program unworkable, except that the Secretary 

20 shall not waive any provisions with respect to 

21 the maximum award amounts for grants and 

22 loans under this title. 

23 ‘‘(7) OUTREACH.—The Secretary shall make 

24 appropriate efforts in order to notify States, institu-
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1 tions of higher education, and secondary schools of 

2 the demonstration program. 

3 ‘‘(8) EVALUATION.—The Secretary shall con4 duct a rigorous evaluation of the demonstration pro5 gram to measure the program’s benefits and adverse 

6 effects, as the benefits and effects relate to the pur7 pose of the program described in paragraph (1). In 

8 conducting the evaluation, the Secretary shall—

9 ‘‘(A) identify whether receiving financial 

10 aid awards or estimates, as applicable, 1 year 

11 prior to the year in which the student plans to 

12 enroll in an institution of higher education, has 

13 a positive impact on the higher education aspi14 rations and plans of such student; 

15 ‘‘(B) measure the extent to which using a 

16 student’s income information from the year that 

17 is 2 years prior to the student’s planned enroll18 ment date had an impact on the ability of 

19 States and institutions to make financial aid 

20 awards and commitments; 

21 ‘‘(C) determine what operational changes 

22 would be required to implement the program on 

23 a larger scale; 
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1 ‘‘(D) identify any changes to Federal law 

2 that would be necessary to implement the pro3 gram on a permanent basis; and 

4 ‘‘(E) identify the benefits and adverse ef5 fects of providing early awards or estimates on 

6 program costs, program operations, program in7 tegrity, award amounts, distribution, and deliv8 ery of aid. 

9 ‘‘(9) CONSULTATION.—The Secretary shall con10 sult, as appropriate, with the Advisory Committee on 

11 Student Financial Assistance established under sec12 tion 491 on the design, implementation, and evalua13 tion of the demonstration program. 

14 ‘‘(f) USE OF IRS DATA AND REDUCED INCOME AND

15 ASSET INFORMATION TO DETERMINE ELIGIBILITY FOR

16 STUDENT FINANCIAL AID.—

17 ‘‘(1) FORMATION OF STUDY GROUP.—Not later 

18 than 90 days after the date of enactment of the 

19 Higher Education Amendments of 2007, the Comp20 troller General of the United States and the Sec21 retary of Education shall convene a study group 

22 whose membership shall include the Secretary of the 

23 Treasury, the Director of the Office of Management 

24 and Budget, the Director of the Congressional 

25 Budget Office, representatives of institutions of 
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1 higher education with expertise in Federal and State 

2 financial aid assistance, State chief executive officers 

3 of higher education with a demonstrated commit4 ment to simplifying the FAFSA, and such other in5 dividuals as the Comptroller General and the Sec6 retary of Education may designate. 

7 ‘‘(2) STUDY REQUIRED.—The Comptroller Gen8 eral and the Secretary, in consultation with the 

9 study group convened under paragraph (1), shall de10 sign and conduct a study to identify and evaluate 

11 the means of simplifying the process of applying for 

12 Federal financial aid available under this title. The 

13 study shall focus on developing alternative ap14 proaches for calculating the expected family con15 tribution that use substantially less income and 

16 asset data than the methodology currently used, as 

17 of the time of the study, for determining the ex18 pected family contribution. 

19 ‘‘(3) OBJECTIVES OF STUDY.—The objectives of 

20 the study required under paragraph (2) are—

21 ‘‘(A) to shorten the FAFSA and make it 

22 easier and less time-consuming to complete, 

23 thereby increasing higher education access for 

24 low-income students; 
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1 ‘‘(B) to examine the feasibility, and evalu2 ate the costs and benefits, of using income data 

3 from the Internal Revenue Service to pre-popu4 late the electronic version of the FAFSA; 

5 ‘‘(C) to determine ways in which to provide 

6 reliable information on the amount of Federal 

7 grant aid and financial assistance a student can 

8 expect to receive, assuming constant income, 2 

9 to 3 years before the student’s enrollment; and 

10 ‘‘(D) to simplify the process for deter11 mining eligibility for student financial aid with12 out causing significant redistribution of Federal 

13 grants and subsidized loans under this title. 

14 ‘‘(4) REQUIRED SUBJECTS OF STUDY.—The 

15 study required under paragraph (2) shall consider—

16 ‘‘(A) how the expected family contribution 

17 of a student could be calculated using substan18 tially less income and asset information than 

19 the approach currently used, as of the time of 

20 the study, to calculate the expected family con21 tribution without causing significant redistribu22 tion of Federal grants and subsidized loans 

23 under this title, State aid, or institutional aid, 

24 or change in the composition of the group of re25 cipients of such aid, which alternative ap-
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1 proaches for calculating the expected family 

2 contribution shall, to the extent practicable—

3 ‘‘(i) rely mainly, in the case of stu4 dents and parents who file income tax re5 turns, on information available on the 

6 1040, 1040EZ, and 1040A; and 

7 ‘‘(ii) include formulas for adjusting in8 come or asset information to produce simi9 lar results to the existing approach with 

10 less data; 

11 ‘‘(B) how the Internal Revenue Service can 

12 provide income and other data needed to com13 pute an expected family contribution for tax14 payers and dependents of taxpayers to the Sec15 retary of Education, and when in the applica16 tion cycle the data can be made available; 

17 ‘‘(C) whether data provided by the Internal 

18 Revenue could be used to—

19 ‘‘(i) prepopulate the electronic version 

20 of the FAFSA with student and parent 

21 taxpayer data; or 

22 ‘‘(ii) generate an expected family con23 tribution without additional action on the 

24 part of the student and taxpayer; 
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1 ‘‘(D) the extent to which the use of income 

2 data from 2 years prior to a student’s planned 

3 enrollment date would change the expected fam4 ily contribution computed in accordance with 

5 part F, and potential adjustments to the need 

6 analysis formula that would minimize the 

7 change; 

8 ‘‘(E) the extent to which States and insti9 tutions would accept the data provided by the 

10 Internal Revenue Service to prepopulate the 

11 electronic version of the FAFSA in determining 

12 the distribution of State and institutional stu13 dent financial aid funds; 

14 ‘‘(F) the changes to the electronic version 

15 of the FAFSA and verification processes that 

16 would be needed or could be made if Internal 

17 Revenue Service data were used to prepopulate 

18 such electronic version; 

19 ‘‘(G) the data elements currently collected, 

20 as of the time of the study, on the FAFSA that 

21 are needed to determine eligibility for student 

22 aid, or to administer Federal student financial 

23 aid programs, but are not needed to compute 

24 an expected family contribution, such as wheth25 er information regarding the student’s citizen-
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1 ship or permanent residency status, registration 

2 for selective service, or driver’s license number 

3 could be reduced without adverse effects; 

4 ‘‘(H) additional steps that can be taken to 

5 simplify the financial aid application process for 

6 students who (or, in the case of dependent stu7 dents, whose parents) are not required to file 

8 an income tax return for the prior taxable year; 

9 ‘‘(I) information on the State need for and 

10 usage of the full array of income, asset, and 

11 other information currently collected, as of the 

12 time of the study, on the FAFSA, including 

13 analyses of—

14 ‘‘(i) what data are currently used by 

15 States to determine eligibility for State 

16 student financial aid, and whether the data 

17 are used for merit or need-based aid; 

18 ‘‘(ii) the extent to which the full array 

19 of income and asset information currently 

20 collected on the FAFSA play an important 

21 role in the awarding of need-based State fi22 nancial aid, and whether the State could 

23 use income and asset information that was 

24 more limited to support determinations of 

25 eligibility for such State aid programs; 
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1 ‘‘(iii) whether data are required by 

2 State law, State regulations, or policy di3 rectives; 

4 ‘‘(iv) what State official has the au5 thority to advise the Department on what 

6 the State requires to calculate need-based 

7 State student financial aid; 

8 ‘‘(v) the extent to which any State9 specific information requirements could be 

10 met by completion of a State application 

11 linked to the electronic version of the 

12 FAFSA; and 

13 ‘‘(vi) whether the State can use, as of 

14 the time of the study, or could use, a stu15 dent’s expected family contribution based 

16 on data from 2 years prior to the student’s 

17 planned enrollment date and a calculation 

18 with reduced data elements and, if not, 

19 what additional information would be need20 ed or what changes would be required; and 

21 ‘‘(J) information on institutional needs, in22 cluding the extent to which institutions of high23 er education are already using supplemental 

24 forms to collect additional data from students 
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1 and their families to determine eligibility for in2 stitutional funds. 

3 ‘‘(5) USE OF DATA FROM THE INTERNAL REV4 ENUE SERVICE TO PREPOPULATE FAFSA FORMS.—

5 After the study required under this subsection has 

6 been completed, the Secretary may use Internal Rev7 enue Service data to prepopulate the electronic 

8 version of the FAFSA if the Secretary, in a joint de9 cision with the Secretary of Treasury, determines 

10 that such use will not significantly negatively impact 

11 students, institutions of higher education, States, or 

12 the Federal Government based on each of the fol13 lowing criteria: 

14 ‘‘(A) Program costs. 

15 ‘‘(B) Redistributive effects on students. 

16 ‘‘(C) Accuracy of aid determinations. 

17 ‘‘(D) Reduction of burden to the FAFSA 

18 filers. 

19 ‘‘(E) Whether all States and institutions 

20 that currently accept the Federal aid formula 

21 accept the use of data from 2 years prior to the 

22 date of a student’s planned enrollment in an in23 stitution of higher education to award Federal, 

24 State, and institutional aid, and as a result will 
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1 not require students to complete any additional 

2 forms to receive this aid. 

3 ‘‘(6) CONSULTATION.—The Secretary shall con4 sult with the Advisory Committee on Student Finan5 cial Assistance established under section 491 as ap6 propriate in carrying out this subsection. 

7 ‘‘(7) REPORT.—Not later than 1 year after the 

8 date of enactment of the Higher Education Amend9 ments of 2007, the Comptroller General and the 

10 Secretary shall prepare and submit a report on the 

11 results of the study required under this subsection 

12 to the authorizing committees.’’. 

13 SEC. 474. STUDENT ELIGIBILITY. 

14 (a) AMENDMENTS.—Section 484 (20 U.S.C. 1091) is 

15 amended—

16 (1) in subsection (d), by adding at the end the 

17 following: 

18 ‘‘(4) The student shall be determined by the in19 stitution of higher education as having the ability to 

20 benefit from the education or training offered by the 

21 institution of higher education, upon satisfactory 

22 completion of 6 credit hours or the equivalent 

23 coursework that are applicable toward a degree or 

24 certificate offered by the institution of higher edu25 cation.’’; 
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1 (2) by striking subsection (l) and inserting the 

2 following: 

3 ‘‘(l) COURSES OFFERED THROUGH DISTANCE EDU4 CATION.—

5 ‘‘(1) RELATION TO CORRESPONDENCE

6 COURSES.—

7 ‘‘(A) IN GENERAL.—A student enrolled in 

8 a course of instruction at an institution of high9 er education that is offered principally through 

10 distance education and leads to a recognized 

11 certificate, or associate, baccalaureate, or grad12 uate degree, conferred by such institution, shall 

13 not be considered to be enrolled in correspond14 ence courses. 

15 ‘‘(B) EXCEPTION.—An institution of high16 er education referred to in subparagraph (A) 

17 shall not include an institution or school de18 scribed in section 3(3)(C) of the Carl D. Per19 kins Career and Technical Education Act of 

20 2006. 

21 ‘‘(2) RESTRICTION OR REDUCTIONS OF FINAN22 CIAL AID.—A student’s eligibility to receive grants, 

23 loans, or work assistance under this title shall be re24 duced if a financial aid officer determines under the 

25 discretionary authority provided in section 479A 
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1 that distance education results in a substantially re2 duced cost of attendance to such student. 

3 ‘‘(3) SPECIAL RULE.—For award years prior to 

4 July 1, 2008, the Secretary shall not take any com5 pliance, disallowance, penalty, or other action 

6 against a student or an eligible institution when 

7 such action arises out of such institution’s prior 

8 award of student assistance under this title if the in9 stitution demonstrates to the satisfaction of the Sec10 retary that its course of instruction would have been 

11 in conformance with the requirements of this sub12 section.’’; and 

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

14 ‘‘(s) STUDENTS WITH INTELLECTUAL DISABIL15 ITIES.—Notwithstanding subsection (a), in order to re16 ceive any grant or work assistance under subparts 1 and 

17 3 of part A and part C of this title, a student with an 

18 intellectual disability shall—

19 ‘‘(1) be an individual with an intellectual dis20 ability whose mental retardation or other significant 

21 cognitive impairment substantially impacts the indi22 vidual’s intellectual and cognitive functioning; 

23 ‘‘(2)(A) be a student eligible for assistance 

24 under the Individuals with Disabilities Education 

25 Act who has completed secondary school; or 
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1 ‘‘(B) be an individual who is no longer eligible 

2 for assistance under the Individuals with Disabilities 

3 Education Act because the individual has exceeded 

4 the maximum age for which the State provides a 

5 free appropriate public education; 

6 ‘‘(3) be enrolled or accepted for enrollment in 

7 a comprehensive transition and postsecondary edu8 cation program that—

9 ‘‘(A) is designed for students with an intel10 lectual disability who are seeking to continue 

11 academic, vocational, and independent living in12 struction at the institution in order to prepare 

13 for gainful employment and independent living; 

14 ‘‘(B) includes an advising and curriculum 

15 structure; 

16 ‘‘(C) requires students to participate on at 

17 least a half-time basis, as determined by the in18 stitution; or 

19 ‘‘(D) includes—

20 ‘‘(i) regular enrollment in courses of21 fered by the institution; 

22 ‘‘(ii) auditing or participating in 

23 courses offered by the institution for which 

24 the student does not receive regular aca25 demic credit; 
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1 ‘‘(iii) enrollment in noncredit, non2 degree courses; 

3 ‘‘(iv) participation in internships; or 

4 ‘‘(v) a combination of 2 or more of 

5 the activities described in clauses (i) 

6 through (iv); 

7 ‘‘(4) be maintaining satisfactory progress in the 

8 program as determined by the institution, in accord9 ance with standards established by the institution; 

10 and 

11 ‘‘(5) meet the requirements of paragraphs (3), 

12 (4), (5), and (6) of subsection (a).’’. 

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

14 subsection (a) shall take affect on July 1, 2008. 

15 SEC. 475. STATUTE OF LIMITATIONS AND STATE COURT 

16 JUDGMENTS. 

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

18 (1) in subsection (b)—

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

20 after the semicolon; 

21 (B) in paragraph (2), by striking the pe22 riod and inserting ‘‘; and’’; and 

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

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

25 loan made under part E of this title, an institution 
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1 of higher education that has an agreement with the 

2 Secretary pursuant to section 463(a) shall not be 

3 subject to a defense raised by any borrower based on 

4 a claim of infancy.’’; and 

5 (2) by adding at the end the following: 

6 ‘‘(d) SPECIAL RULE.—This section shall not apply in 

7 the case of a student who is deceased or to a deceased 

8 student’s estate or the estate of such student’s family. If 

9 a student is deceased, then the student’s estate or the es10 tate of the student’s family shall not be required to repay 

11 any financial assistance under this title, including interest 

12 paid on the student’s behalf, collection costs, or other 

13 charges specified in this title.’’. 

14 SEC. 476. INSTITUTIONAL REFUNDS. 

15 (a) AMENDMENT.—Section 484B(c)(2) (20 U.S.C. 

16 1091B(c)(2)) is amended by striking ‘‘may determine the 

17 appropriate withdrawal date.’’ and inserting ‘‘may deter18 mine—

19 ‘‘(A) the appropriate withdrawal date; and 

20 ‘‘(B) that the requirements of subsection 

21 (b)(2) do not apply to the student.’’. 

22 (b) EFFECTIVE DATE.—The amendment made by 

23 subsection (a) shall take effect on July 1, 2008. 
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1 SEC. 477. INSTITUTIONAL AND FINANCIAL ASSISTANCE IN2 FORMATION FOR STUDENTS. 

3 Section 485 (20 U.S.C. 1092) is amended—

4 (1) in subsection (a)—

5 (A) in paragraph (1)—

6 (i) in subparagraph (G)—

7 (I) by striking ‘‘program, and’’ 

8 and inserting ‘‘program,’’; and 

9 (II) by inserting ‘‘, and (iv) any 

10 plans by the institution for improving 

11 the academic program of the institu12 tion’’ after ‘‘instructional personnel’’; 

13 and 

14 (ii) by striking subparagraph (M) and 

15 inserting the following: 

16 ‘‘(M) the terms and conditions of the loans 

17 that students receive under parts B, D, and 

18 E;’’; 

19 (iii) in subparagraph (N), by striking 

20 ‘‘and’’ after the semicolon; 

21 (iv) in subparagraph (O), by striking 

22 the period and inserting a semicolon; and 

23 (v) by adding at the end the following: 

24 ‘‘(P) institutional policies and sanctions re25 lated to copyright infringement, including—
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1 ‘‘(i) an annual disclosure that explic2 itly informs students that unauthorized 

3 distribution of copyrighted material, in4 cluding unauthorized peer-to-peer file shar5 ing, may subject the students to civil and 

6 criminal liabilities; 

7 ‘‘(ii) a summary of the penalties for 

8 violation of Federal copyright laws; 

9 ‘‘(iii) a description of the institution’s 

10 policies with respect to unauthorized peer11 to-peer file sharing, including disciplinary 

12 actions that are taken against students 

13 who engage in unauthorized distribution of 

14 copyrighted materials using the institu15 tion’s information technology system; and 

16 ‘‘(iv) a description of actions that the 

17 institution takes to prevent and detect un18 authorized distribution of copyrighted ma19 terial on the institution’s information tech20 nology system; 

21 ‘‘(Q) student body diversity at the institu22 tion, including information on the percentage of 

23 enrolled, full-time students who are—

24 ‘‘(i) male; 

25 ‘‘(ii) female; 
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1 ‘‘(iii) from a low-income background; 

2 and 

3 ‘‘(iv) a self-identified member of a 

4 major racial or ethnic group; 

5 ‘‘(R) the placement in employment of, and 

6 types of employment obtained by, graduates of 

7 the institution’s degree or certificate programs, 

8 gathered from such sources as alumni surveys, 

9 student satisfaction surveys, the National Sur10 vey of Student Engagement, the Community 

11 College Survey of Student Engagement, State 

12 data systems, or other relevant sources; 

13 ‘‘(S) the types of graduate and professional 

14 education in which graduates of the institu15 tion’s 4-year degree programs enrolled, gath16 ered from such sources as alumni surveys, stu17 dent satisfaction surveys, the National Survey 

18 of Student Engagement, State data systems, or 

19 other relevant sources; 

20 ‘‘(T) the fire safety report prepared by the 

21 institution pursuant to subsection (i); and 

22 ‘‘(U) the retention rate of certificate- or 

23 degree-seeking, full-time, undergraduate stu24 dents entering such institution.’’; 
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1 (B) by striking paragraph (4) and insert2 ing the following: 

3 ‘‘(4) For purposes of this section, institutions 

4 may—

5 ‘‘(A) exclude from the information dis6 closed in accordance with subparagraph (L) of 

7 paragraph (1) the completion or graduation 

8 rates of students who leave school to serve in 

9 the Armed Forces, on official church missions, 

10 or with a recognized foreign aid service of the 

11 Federal Government; or 

12 ‘‘(B) in cases where the students described 

13 in subparagraph (A) represent 20 percent or 

14 more of the certificate- or degree-seeking, full15 time, undergraduate students at the institution, 

16 the institution may recalculate the completion 

17 or graduation rates of such students by exclud18 ing from the calculation described in paragraph 

19 (3) the time period such students were not en20 rolled due to their service in the Armed Forces, 

21 on official church missions, or with a recognized 

22 foreign aid service of the Federal Govern23 ment.’’; and 

24 (C) by adding at the end the following: 
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1 ‘‘(7) The information disclosed under subparagraph 

2 (L) of paragraph (1), or reported under subsection (e), 

3 shall include information disaggregated by gender, by each 

4 major racial and ethnic subgroup, by recipients of a Fed5 eral Pell Grant, by recipients of a loan made under this 

6 part or part D (other than a loan made under section 

7 428H or a Federal Direct Unsubsidized Stafford Loan) 

8 who did not receive a Federal Pell Grant, and by recipients 

9 of neither a Federal Pell Grant nor a loan made under 

10 this part or part D (other than a loan made under section 

11 428H or a Federal Direct Unsubsidized Stafford Loan), 

12 if the number of students in such subgroup or with such 

13 status is sufficient to yield statistically reliable informa14 tion and reporting would not reveal personally identifiable 

15 information about an individual student. If such number 

16 is not sufficient for such purposes, then the institution 

17 shall note that the institution enrolled too few of such stu18 dents to so disclose or report with confidence and con19 fidentiality.’’; 

20 (2) in subsection (b)—

21 (A) in paragraph (1)(A), by striking the 

22 subparagraph designation and all that follows 

23 through ‘‘465.’’ and inserting the following: 

24 ‘‘(A) Each eligible institution shall, 

25 through financial aid offices or otherwise, pro-
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1 vide counseling to borrowers of loans that are 

2 made, insured, or guaranteed under part B 

3 (other than loans made pursuant to section 

4 428C or loans made to parents pursuant to sec5 tion 428B), or made under part D (other than 

6 Federal Direct Consolidation Loans or Federal 

7 Direct PLUS Loans made to parents) or E, 

8 prior to the completion of the course of study 

9 for which the borrower enrolled at the institu10 tion or at the time of departure from such insti11 tution. The counseling required by this sub12 section shall include—

13 ‘‘(i) information on the repayment 

14 plans available, including a discussion of 

15 the different features of each plan and 

16 sample information showing the difference 

17 in interest paid and total payments under 

18 each plan; 

19 ‘‘(ii) the average anticipated monthly 

20 repayments under the standard repayment 

21 plan and, at the borrower’s request, the 

22 other repayment plans for which the bor23 rower is eligible; 

24 ‘‘(iii) such debt and management 

25 strategies as the institution determines are 
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1 designed to facilitate the repayment of 

2 such indebtedness; 

3 ‘‘(iv) an explanation that the borrower 

4 has the ability to prepay each such loan, 

5 pay the loan on a shorter schedule, and 

6 change repayment plans; 

7 ‘‘(v) the terms and conditions under 

8 which the student may obtain full or par9 tial forgiveness or cancellation of principal 

10 or interest under sections 428J, 460, and 

11 465 (to the extent that such sections are 

12 applicable to the student’s loans); 

13 ‘‘(vi) the terms and conditions under 

14 which the student may defer repayment of 

15 principal or interest or be granted forbear16 ance under subsections (b)(1)(M) and (o) 

17 of section 428, 428H(e)(7), subsections (f) 

18 and (l) of section 455, and section 

19 464(c)(2), and the potential impact of such 

20 deferment or forbearance; 

21 ‘‘(vii) the consequences of default on 

22 such loans; 

23 ‘‘(viii) information on the effects of 

24 using a consolidation loan to discharge the 
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1 borrower’s loans under parts B, D, and E, 

2 including, at a minimum—

3 ‘‘(I) the effects of consolidation 

4 on total interest to be paid, fees to be 

5 paid, and length of repayment; 

6 ‘‘(II) the effects of consolidation 

7 on a borrower’s underlying loan bene8 fits, including all grace periods, loan 

9 forgiveness, cancellation, and 

10 deferment opportunities; 

11 ‘‘(III) the ability of the borrower 

12 to prepay the loan or change repay13 ment plans; and 

14 ‘‘(IV) that borrower benefit pro15 grams may vary among different loan 

16 holders; and 

17 ‘‘(ix) a notice to borrowers about the 

18 availability of the National Student Loan 

19 Data System and how the system can be 

20 used by a borrower to obtain information 

21 on the status of the borrower’s loans.’’; 

22 and 

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

24 ‘‘(3) Each eligible institution shall, during the 

25 exit interview required by this subsection, provide to 
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1 a borrower of a loan made under part B, D, or E 

2 a clear and conspicuous notice describing the general 

3 effects of using a consolidation loan to discharge the 

4 borrower’s student loans, including—

5 ‘‘(A) the effects of consolidation on total 

6 interest to be paid, fees to be paid, and length 

7 of repayment; 

8 ‘‘(B) the effects of consolidation on a bor9 rower’s underlying loan benefits, including loan 

10 forgiveness, cancellation, and deferment; 

11 ‘‘(C) the ability for the borrower to prepay 

12 the loan, pay on a shorter schedule, and to 

13 change repayment plans, and that borrower 

14 benefit programs may vary among different 

15 loan holders; 

16 ‘‘(D) a general description of the types of 

17 tax benefits which may be available to bor18 rowers of student loans; and 

19 ‘‘(E) the consequences of default.’’; 

20 (3) in subsection (d)(2)—

21 (A) by inserting ‘‘grant assistance, as well 

22 as State’’ after ‘‘describing State’’; and 

23 (B) by inserting ‘‘and other means, includ24 ing through the Internet’’ before the period at 

25 the end; 
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1 (4) in subsection (e), by striking paragraph (3) 

2 and inserting the following: 

3 ‘‘(3) For purposes of this subsection, institu4 tions may—

5 ‘‘(A) exclude from the reporting require6 ments under paragraphs (1) and (2) the com7 pletion or graduation rates of students and stu8 dent athletes who leave school to serve in the 

9 Armed Forces, on official church missions, or 

10 with a recognized foreign aid service of the Fed11 eral Government; or 

12 ‘‘(B) in cases where the students described 

13 in subparagraph (A) represent 20 percent or 

14 more of the certificate- or degree-seeking, full15 time, undergraduate students at the institution, 

16 the institution may calculate the completion or 

17 graduation rates of such students by excluding 

18 from the calculations described in paragraph 

19 (1) the time period such students were not en20 rolled due to their service in the Armed Forces, 

21 on official church missions, or with a recognized 

22 foreign aid service of the Federal Govern23 ment.’’; 

24 (5) in subsection (f)—

25 (A) in paragraph (1)—
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1 (i) the matter preceding subparagraph 

2 (A), by inserting ‘‘, other than a foreign 

3 institution of higher education,’’ after 

4 ‘‘under this title’’; and 

5 (ii) by adding at the end the fol6 lowing: 

7 ‘‘(J) A statement of current campus poli8 cies regarding immediate emergency response 

9 and evacuation procedures, including the use of 

10 electronic and cellular communication (if appro11 priate), which policies shall include proce12 dures—

13 ‘‘(i) to notify the campus community 

14 in a reasonable and timely manner in the 

15 event of a significant emergency or dan16 gerous situation, involving an immediate 

17 threat to the health or safety of students 

18 or staff, occurring on the campus; 

19 ‘‘(ii) to publicize emergency response 

20 and evacuation procedures on an annual 

21 basis in a manner designed to reach stu22 dents and staff; and 

23 ‘‘(iii) to test emergency response and 

24 evacuation procedures on an annual 

25 basis.’’; 
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1 (B) by redesignating paragraph (15) as 

2 paragraph (17); and 

3 (C) by inserting after paragraph (14) the 

4 following: 

5 ‘‘(15) COMPLIANCE REPORT.—The Secretary 

6 shall annually report to the authorizing committees 

7 regarding compliance with this subsection by institu8 tions of higher education, including an up-to-date re9 port on the Secretary’s monitoring of such compli10 ance. 

11 ‘‘(16) BEST PRACTICES.—The Secretary may 

12 seek the advice and counsel of the Attorney General 

13 concerning the development, and dissemination to 

14 institutions of higher education, of best practices in15 formation about campus safety and emergencies.’’; 

16 and 

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

18 ‘‘(h) TRANSFER OF CREDIT POLICIES.—

19 ‘‘(1) DISCLOSURE.—Each institution of higher 

20 education participating in any program under this 

21 title shall publicly disclose in a readable and com22 prehensible manner the transfer of credit policies es23 tablished by the institution which shall include a 

24 statement of the institution’s current transfer of 

25 credit policies that includes, at a minimum—
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1 ‘‘(A) any established criteria the institution 

2 uses regarding the transfer of credit earned at 

3 another institution of higher education; and 

4 ‘‘(B) a list of institutions of higher edu5 cation with which the institution has established 

6 an articulation agreement. 

7 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

8 this subsection shall be construed to—

9 ‘‘(A) authorize the Secretary or the Ac10 creditation and Institutional Quality and Integ11 rity Advisory Committee to require particular 

12 policies, procedures, or practices by institutions 

13 of higher education with respect to transfer of 

14 credit; 

15 ‘‘(B) authorize an officer or employee of 

16 the Department to exercise any direction, su17 pervision, or control over the curriculum, pro18 gram of instruction, administration, or per19 sonnel of any institution of higher education, or 

20 over any accrediting agency or association; 

21 ‘‘(C) limit the application of the General 

22 Education Provisions Act; or 

23 ‘‘(D) create any legally enforceable right 

24 on the part of a student to require an institu-
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1 tion of higher education to accept a transfer of 

2 credit from another institution. 

3 ‘‘(i) DISCLOSURE OF FIRE SAFETY STANDARDS AND

4 MEASURES.—

5 ‘‘(1) ANNUAL FIRE SAFETY REPORTS ON STU6 DENT HOUSING REQUIRED.—Each eligible institu7 tion participating in any program under this title 

8 shall, on an annual basis, publish a fire safety re9 port, which shall contain information with respect to 

10 the campus fire safety practices and standards of 

11 that institution, including—

12 ‘‘(A) statistics concerning the following in 

13 each on-campus student housing facility during 

14 the most recent calendar years for which data 

15 are available—

16 ‘‘(i) the number of fires and the cause 

17 of each fire; 

18 ‘‘(ii) the number of injuries related to 

19 a fire that result in treatment at a medical 

20 facility; 

21 ‘‘(iii) the number of deaths related to 

22 a fire; and 

23 ‘‘(iv) the value of property damage 

24 caused by a fire; 
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1 ‘‘(B) a description of each on-campus stu2 dent housing facility fire safety system, includ3 ing the fire sprinkler system; 

4 ‘‘(C) the number of regular mandatory su5 pervised fire drills; 

6 ‘‘(D) policies or rules on portable electrical 

7 appliances, smoking, and open flames (such as 

8 candles), procedures for evacuation, and policies 

9 regarding fire safety education and training 

10 programs provided to students, faculty, and 

11 staff; and 

12 ‘‘(E) plans for future improvements in fire 

13 safety, if determined necessary by such institu14 tion. 

15 ‘‘(2) REPORT TO THE SECRETARY.—Each eligi16 ble institution participating in any program under 

17 this title shall, on an annual basis submit to the Sec18 retary a copy of the statistics required to be made 

19 available under subparagraph (A). 

20 ‘‘(3) CURRENT INFORMATION TO CAMPUS COM21 MUNITY.—Each institution participating in any pro22 gram under this title shall—

23 ‘‘(A) make, keep, and maintain a log, re24 cording all fires in on-campus student housing 
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1 facilities, including the nature, date, time, and 

2 general location of each fire; and 

3 ‘‘(B) make annual reports to the campus 

4 community on such fires. 

5 ‘‘(4) RESPONSIBILITIES OF THE SECRETARY.—

6 The Secretary shall—

7 ‘‘(A) make such statistics submitted to the 

8 Secretary available to the public; and 

9 ‘‘(B) in coordination with nationally recog10 nized fire organizations and representatives of 

11 institutions of higher education, representatives 

12 of associations of institutions of higher edu13 cation, and other organizations that represent 

14 and house a significant number of students—

15 ‘‘(i) identify exemplary fire safety 

16 policies, procedures, programs, and prac17 tices; 

18 ‘‘(ii) disseminate information to the 

19 Administrator of the United States Fire 

20 Administration; 

21 ‘‘(iii) make available to the public in22 formation concerning those policies, proce23 dures, programs, and practices that have 

24 proven effective in the reduction of fires; 

25 and 
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1 ‘‘(iv) develop a protocol for institu2 tions to review the status of their fire safe3 ty systems. 

4 ‘‘(5) RULES OF CONSTRUCTION.—Nothing in 

5 this subsection shall be construed to—

6 ‘‘(A) authorize the Secretary to require 

7 particular policies, procedures, programs, or 

8 practices by institutions of higher education 

9 with respect to fire safety, other than with re10 spect to the collection, reporting, and dissemi11 nation of information required by this sub12 section; 

13 ‘‘(B) affect the Family Educational Rights 

14 and Privacy Act of 1974 or the regulations 

15 issued under section 264 of the Health Insur16 ance Portability and Accountability Act of 1996 

17 (42 U.S.C. 1320d–2 note); 

18 ‘‘(C) create a cause of action against any 

19 institution of higher education or any employee 

20 of such an institution for any civil liability; and 

21 ‘‘(D) establish any standard of care. 

22 ‘‘(6) COMPLIANCE REPORT.—The Secretary 

23 shall annually report to the authorizing committees 

24 regarding compliance with this subsection by institu25 tions of higher education, including an up-to-date re-
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1 port on the Secretary’s monitoring of such compli2 ance. 

3 ‘‘(7) EVIDENCE.—Notwithstanding any other 

4 provision of law, evidence regarding compliance or 

5 noncompliance with this subsection shall not be ad6 missible as evidence in any proceeding of any court, 

7 agency, board, or other entity, except with respect to 

8 an action to enforce this subsection.’’. 

9 SEC. 478. ENTRANCE COUNSELING REQUIRED. 

10 Section 485 (as amended by section 477) is further 

11 amended—

12 (1) by redesignating subsections (b) through (i) 

13 as subsections (c) through (j), respectively; and 

14 (2) by inserting after subsection (a) the fol15 lowing: 

16 ‘‘(b) ENTRANCE COUNSELING FOR BORROWERS.—

17 ‘‘(1) DISCLOSURE REQUIRED PRIOR TO DIS18 BURSEMENT.—

19 ‘‘(A) IN GENERAL.—Each eligible institu20 tion shall, at or prior to the time of a disburse21 ment to a first-time student borrower of a loan 

22 made, insured, or guaranteed under part B or 

23 D, ensure that the borrower receives com24 prehensive information on the terms and condi25 tions of the loan and the responsibilities the 
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•S 1642 ES

1 borrower has with respect to such loan. Such 

2 information shall be provided in simple and un3 derstandable terms and may be provided—

4 ‘‘(i) during an entrance counseling 

5 session conducted in person; 

6 ‘‘(ii) on a separate written form pro7 vided to the borrower that the borrower 

8 signs and returns to the institution; or 

9 ‘‘(iii) online, with the borrower ac10 knowledging receipt and understanding of 

11 the information. 

12 ‘‘(B) USE OF INTERACTIVE PROGRAMS.—

13 The Secretary shall encourage institutions to 

14 carry out the requirements of subparagraph (A) 

15 through the use of interactive programs that 

16 test the borrowers’ understanding of the terms 

17 and conditions of the borrowers’ loans under 

18 part B or D, using comprehensible language 

19 and displays with clear formatting. 

20 ‘‘(2) INFORMATION TO BE PROVIDED.—The in21 formation provided to the borrower under paragraph 

22 (1)(A) shall include—

23 ‘‘(A) an explanation of the use of the Mas24 ter Promissory Note; 
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1 ‘‘(B) in the case of a loan made under sec2 tion 428B or 428H, a Federal Direct PLUS 

3 Loan, or a Federal Direct Unsubsidized Staf4 ford Loan—

5 ‘‘(i) the ability of the borrower to pay 

6 the interest while the borrower is in school; 

7 and 

8 ‘‘(ii) how often interest is capitalized; 

9 ‘‘(C) the definition of half-time enrollment 

10 at the institution, during regular terms and 

11 summer school, if applicable, and the con12 sequences of not maintaining half-time enroll13 ment; 

14 ‘‘(D) an explanation of the importance of 

15 contacting the appropriate institutional offices 

16 if the borrower withdraws prior to completing 

17 the borrower’s program of study so that the in18 stitution can provide exit counseling, including 

19 information regarding the borrower’s repayment 

20 options and loan consolidation; 

21 ‘‘(E) the obligation of the borrower to 

22 repay the full amount of the loan even if the 

23 borrower does not complete the program in 

24 which the borrower is enrolled; 
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1 ‘‘(F) information on the National Student 

2 Loan Data System and how the borrower can 

3 access the borrower’s records; and 

4 ‘‘(G) the name of an individual the bor5 rower may contact if the borrower has any 

6 questions about the borrower’s rights and re7 sponsibilities or the terms and conditions of the 

8 loan.’’. 

9 SEC. 479. NATIONAL STUDENT LOAN DATA SYSTEM. 

10 Section 485B (20 U.S.C. 1092b) is amended—

11 (1) in subsection (a)—

12 (A) by redesignating paragraphs (6) 

13 through (10) as paragraphs (7) through (11), 

14 respectively; 

15 (B) in paragraph (5) (as added by Public 

16 Law 101–610), by striking ‘‘effectiveness.’’ and 

17 inserting ‘‘effectiveness;’’; and 

18 (C) by redesignating paragraph (5) (as 

19 added by Public Law 101–234) as paragraph 

20 (6); 

21 (2) by redesignating subsections (d) through (g) 

22 as subsections (e) through (h), respectively; and 

23 (3) by inserting after subsection (c) the fol24 lowing: 
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1 ‘‘(d) PRINCIPLES FOR ADMINISTERING THE DATA

2 SYSTEM.—In managing the National Student Loan Data 

3 System, the Secretary shall take actions necessary to 

4 maintain confidence in the data system, including, at a 

5 minimum—

6 ‘‘(1) ensuring that the primary purpose of ac7 cess to the data system by guaranty agencies, eligi8 ble lenders, and eligible institutions of higher edu9 cation is for legitimate program operations, such as 

10 the need to verify the eligibility of a student, poten11 tial student, or parent for loans under part B, D, or 

12 E; 

13 ‘‘(2) prohibiting nongovernmental researchers 

14 and policy analysts from accessing personally identi15 fiable information; 

16 ‘‘(3) creating a disclosure form for students and 

17 potential students that is distributed when such stu18 dents complete the common financial reporting form 

19 under section 483, and as a part of the exit coun20 seling process under section 485(b), that—

21 ‘‘(A) informs the students that any title IV 

22 grant or loan the students receive will be in23 cluded in the National Student Loan Data Sys24 tem, and instructs the students on how to ac25 cess that information; 
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1 ‘‘(B) describes the categories of individuals 

2 or entities that may access the data relating to 

3 such grant or loan through the data system, 

4 and for what purposes access is allowed; 

5 ‘‘(C) defines and explains the categories of 

6 information included in the data system; 

7 ‘‘(D) provides a summary of the provisions 

8 of the Family Educational Rights and Privacy 

9 Act of 1974 and other applicable Federal pri10 vacy statutes, and a statement of the students’ 

11 rights and responsibilities with respect to such 

12 statutes; 

13 ‘‘(E) explains the measures taken by the 

14 Department to safeguard the students’ data; 

15 and 

16 ‘‘(F) includes other information as deter17 mined appropriate by the Secretary; 

18 ‘‘(4) requiring guaranty agencies, eligible lend19 ers, and eligible institutions of higher education that 

20 enter into an agreement with a potential student, 

21 student, or parent of such student regarding a loan 

22 under part B, D, or E, to inform the student or par23 ent that such loan shall be—

24 ‘‘(A) submitted to the data system; and 
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1 ‘‘(B) accessible to guaranty agencies, eligi2 ble lenders, and eligible institutions of higher 

3 education determined by the Secretary to be au4 thorized users of the data system; 

5 ‘‘(5) regularly reviewing the data system to—

6 ‘‘(A) delete inactive users from the data 

7 system; 

8 ‘‘(B) ensure that the data in the data sys9 tem are not being used for marketing purposes; 

10 and 

11 ‘‘(C) monitor the use of the data system by 

12 guaranty agencies and eligible lenders to deter13 mine whether an agency or lender is accessing 

14 the records of students in which the agency or 

15 lender has no existing financial interest; and 

16 ‘‘(6) developing standardized protocols for lim17 iting access to the data system that include—

18 ‘‘(A) collecting data on the usage of the 

19 data system to monitor whether access has been 

20 or is being used contrary to the purposes of the 

21 data system; 

22 ‘‘(B) defining the steps necessary for de23 termining whether, and how, to deny or restrict 

24 access to the data system; and 
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1 ‘‘(C) determining the steps necessary to re2 open access to the data system following a de3 nial or restriction of access.’’; and 

4 (4) by striking subsection (e) (as redesignated 

5 by paragraph (1)) and inserting the following: 

6 ‘‘(e) REPORTS TO CONGRESS.—

7 ‘‘(1) ANNUAL REPORT.—Not later than Sep8 tember 30 of each fiscal year, the Secretary shall 

9 prepare and submit to the appropriate committees of 

10 Congress a report describing—

11 ‘‘(A) the results obtained by the establish12 ment and operation of the National Student 

13 Loan Data System authorized by this section; 

14 ‘‘(B) the effectiveness of existing privacy 

15 safeguards in protecting student and parent in16 formation in the data system; 

17 ‘‘(C) the success of any new authorization 

18 protocols in more effectively preventing abuse of 

19 the data system; 

20 ‘‘(D) the ability of the Secretary to mon21 itor how the system is being used, relative to 

22 the intended purposes of the data system; and 

23 ‘‘(E) any protocols developed under sub24 section (d)(6) during the preceding fiscal year. 

25 ‘‘(2) STUDY.—
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1 ‘‘(A) IN GENERAL.—The Secretary shall 

2 conduct a study regarding—

3 ‘‘(i) available mechanisms for pro4 viding students and parents with the abil5 ity to opt in or opt out of allowing eligible 

6 lenders to access their records in the Na7 tional Student Loan Data System; and 

8 ‘‘(ii) appropriate protocols for limiting 

9 access to the data system, based on the 

10 risk assessment required under subchapter 

11 III of chapter 35 of title 44, United States 

12 Code. 

13 ‘‘(B) SUBMISSION OF STUDY.—Not later 

14 than 3 years after the date of enactment of the 

15 Higher Education Amendments of 2007, the 

16 Secretary shall prepare and submit a report on 

17 the findings of the study to the appropriate 

18 committees of Congress.’’. 

19 SEC. 480. EARLY AWARENESS OF FINANCIAL AID ELIGI20 BILITY. 

21 Part G of title IV (20 U.S.C. 1088 et seq.) is further 

22 amended by inserting after section 485D (20 U.S.C. 

23 1092c) the following: 
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1 ‘‘SEC. 485E. EARLY AWARENESS OF FINANCIAL AID ELIGI2 BILITY. 

3 ‘‘(a) IN GENERAL.—The Secretary shall implement, 

4 in cooperation with States, institutions of higher edu5 cation, secondary schools, middle schools, early interven6 tion and outreach programs under this title, other agen7 cies and organizations involved in student financial assist8 ance and college access, public libraries, community cen9 ters, employers, and businesses, a comprehensive system 

10 of early financial aid information in order to provide stu11 dents and families with early information about financial 

12 aid and early estimates of such students’ eligibility for fi13 nancial aid from multiple sources. Such system shall in14 clude the activities described in subsections (b) and (c). 

15 ‘‘(b) COMMUNICATION OF AVAILABILITY OF AID AND

16 AID ELIGIBILITY.—

17 ‘‘(1) STUDENTS WHO RECEIVE BENEFITS.—The 

18 Secretary shall—

19 ‘‘(A) make special efforts to notify stu20 dents, who receive or are eligible to receive ben21 efits under a Federal means-tested benefit pro22 gram (including the food stamp program under 

23 the Food Stamp Act of 1977 (7 U.S.C. 2011 et 

24 seq.)) or another such benefit program as deter25 mined by the Secretary, of such students’ po-
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1 tential eligibility for a maximum Federal Pell 

2 Grant under subpart 1 of part A; and 

3 ‘‘(B) disseminate such informational mate4 rials as the Secretary determines necessary. 

5 ‘‘(2) MIDDLE SCHOOL STUDENTS.—The Sec6 retary, in cooperation with States, institutions of 

7 higher education, other organizations involved in col8 lege access and student financial aid, middle schools, 

9 and programs under this title that serve middle 

10 school students, shall make special efforts to notify 

11 students and their parents of the availability of fi12 nancial aid under this title and, in accordance with 

13 subsection (c), shall provide nonbinding estimates of 

14 grant and loan aid that an individual may be eligible 

15 for under this title upon completion of an applica16 tion form under section 483(a). The Secretary shall 

17 ensure that such information is as accurate as pos18 sible and that such information is provided in an 

19 age-appropriate format using dissemination mecha20 nisms suitable for students in middle school. 

21 ‘‘(3) SECONDARY SCHOOL STUDENTS.—The 

22 Secretary, in cooperation with States, institutions of 

23 higher education, other organizations involved in col24 lege access and student financial aid, secondary 

25 schools, and programs under this title that serve sec-
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1 ondary school students, shall make special efforts to 

2 notify students in secondary school and their par3 ents, as early as possible but not later than such 

4 students’ junior year of secondary school, of the 

5 availability of financial aid under this title and, in 

6 accordance with subsection (c), shall provide non7 binding estimates of the amounts of grant and loan 

8 aid that an individual may be eligible for under this 

9 title upon completion of an application form under 

10 section 483(a). The Secretary shall ensure that such 

11 information is as accurate as possible and that such 

12 information is provided in an age-appropriate format 

13 using dissemination mechanisms suitable for stu14 dents in secondary school. 

15 ‘‘(4) ADULT LEARNERS.—The Secretary, in co16 operation with States, institutions of higher edu17 cation, other organizations involved in college access 

18 and student financial aid, employers, workforce in19 vestment boards and public libraries, shall make spe20 cial efforts to provide individuals who would qualify 

21 as independent students, as defined in section 

22 480(d), with information regarding the availability 

23 of financial aid under this title and, in accordance 

24 with subsection (c), with nonbinding estimates of the 

25 amounts of grant and loan aid that an individual 
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1 may be eligible for under this title upon completion 

2 of an application form under section 483(a). The 

3 Secretary shall ensure that such information—

4 ‘‘(A) is as accurate as possible; 

5 ‘‘(B) includes specific information regard6 ing the availability of financial aid for students 

7 qualified as independent students, as defined in 

8 section 480(d); and 

9 ‘‘(C) uses dissemination mechanisms suit10 able for adult learners. 

11 ‘‘(5) PUBLIC AWARENESS CAMPAIGN.—Not 

12 later than 2 years after the date of enactment of the 

13 Higher Education Amendments of 2007, the Sec14 retary, in coordination with States, institutions of 

15 higher education, early intervention and outreach 

16 programs under this title, other agencies and organi17 zations involved in student financial aid, local edu18 cational agencies, public libraries, community cen19 ters, businesses, employers, employment services, 

20 workforce investment boards, and movie theaters, 

21 shall implement a public awareness campaign in 

22 order to increase national awareness regarding the 

23 availability of financial aid under this title. The pub24 lic awareness campaign shall disseminate accurate 

25 information regarding the availability of financial 
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1 aid under this title and shall be implemented, to the 

2 extent practicable, using a variety of media, includ3 ing print, television, radio and the Internet. The 

4 Secretary shall design and implement the public 

5 awareness campaign based upon relevant inde6 pendent research and the information and dissemi7 nation strategies found most effective in imple8 menting paragraphs (1) through (4). 

9 ‘‘(c) AVAILABILITY OF NONBINDING ESTIMATES OF

10 FEDERAL FINANCIAL AID ELIGIBILITY.—

11 ‘‘(1) IN GENERAL.—The Secretary, in coopera12 tion with States, institutions of higher education, 

13 and other agencies and organizations involved in stu14 dent financial aid, shall provide, via a printed form 

15 and the Internet or other electronic means, the capa16 bility for individuals to determine easily, by entering 

17 relevant data, nonbinding estimates of amounts of 

18 grant and loan aid an individual may be eligible for 

19 under this title upon completion and processing of 

20 an application and enrollment in an institution of 

21 higher education. 

22 ‘‘(2) DATA ELEMENTS.—The Secretary, in co23 operation with States, institutions of higher edu24 cation, and other agencies and organizations in25 volved in student financial aid, shall determine the 
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1 data elements that are necessary to create a sim2 plified form that individuals can use to obtain easily 

3 nonbinding estimates of the amounts of grant and 

4 loan aid an individual may be eligible for under this 

5 title. 

6 ‘‘(3) QUALIFICATION TO USE SIMPLIFIED AP7 PLICATION.—The capability provided under this 

8 paragraph shall include the capability to determine 

9 whether the individual is eligible to submit a sim10 plified application form under paragraph (2)(B) or 

11 (3)(B) of section 483(a).’’. 

12 SEC. 481. PROGRAM PARTICIPATION AGREEMENTS. 

13 Section 487 (20 U.S.C. 1094) is amended—

14 (1) in subsection (a)—

15 (A) by redesignating paragraphs (21), 

16 (22), and (23) as paragraphs (22), (23), and 

17 (24), respectively; 

18 (B) by inserting after paragraph (20) the 

19 following: 

20 ‘‘(21) CODE OF CONDUCT.—

21 ‘‘(A) IN GENERAL.—The institution will 

22 establish, follow, and enforce a code of conduct 

23 regarding student loans that includes not less 

24 than the following: 
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1 ‘‘(i) REVENUE SHARING PROHIBI2 TION.—The institution is prohibited from 

3 receiving anything of value from any lender 

4 in exchange for any advantage sought by 

5 the lender to make educational loans to a 

6 student enrolled, or who is expected to be 

7 enrolled, at the institution, except that an 

8 institution shall not be prohibited from re9 ceiving a philanthropic contribution from a 

10 lender if the contribution is not made in 

11 exchange for any such advantage. 

12 ‘‘(ii) GIFT AND TRIP PROHIBITION.—

13 Any employee who is employed in the fi14 nancial aid office of the institution, or who 

15 otherwise has responsibilities with respect 

16 to educational loans or other financial aid 

17 of the institution, is prohibited from taking 

18 from any lender any gift or trip worth 

19 more than nominal value, except for rea20 sonable expenses for professional develop21 ment that will improve the efficiency and 

22 effectiveness of programs under this title 

23 and for domestic travel to such profes24 sional development. 
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1 ‘‘(iii) CONTRACTING ARRANGE2 MENTS.—Any employee who is employed in 

3 the financial aid office of the institution, or 

4 who otherwise has responsibilities with re5 spect to educational loans or other finan6 cial aid of the institution, shall be prohib7 ited from entering into any type of con8 sulting arrangement or other contract to 

9 provide services to a lender. 

10 ‘‘(iv) ADVISORY BOARD COMPENSA11 TION.—Any employee who is employed in 

12 the financial aid office of the institution, or 

13 who otherwise has responsibilities with re14 spect to educational loans or other student 

15 financial aid of the institution, and who 

16 serves on an advisory board, commission, 

17 or group established by a lender or group 

18 of lenders shall be prohibited from receiv19 ing anything of value from the lender or 

20 group of lenders, except that the employee 

21 may be reimbursed for reasonable expenses 

22 incurred in serving on such advisory board, 

23 commission or group. 

24 ‘‘(v) INTERACTION WITH BOR25 ROWERS.—The institution will not—
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1 ‘‘(I) for any first-time borrower, 

2 assign, through award packaging or 

3 other methods, the borrower’s loan to 

4 a particular lender; and 

5 ‘‘(II) refuse to certify, or, delay 

6 certification of, any loan in accord7 ance with paragraph (6) based on the 

8 borrower’s selection of a particular 

9 lender or guaranty agency. 

10 ‘‘(B) DESIGNATION.—The institution will 

11 designate an individual who shall be responsible 

12 for signing an annual attestation on behalf of 

13 the institution that the institution agrees to, 

14 and is in compliance with, the requirements of 

15 the code of conduct described in this paragraph. 

16 Such individual shall be the chief executive offi17 cer, chief operating officer, chief financial offi18 cer, or comparable official, of the institution, 

19 and shall annually submit the signed attestation 

20 to the Secretary. 

21 ‘‘(C) AVAILABILITY.—The institution will 

22 make the code of conduct widely available to 

23 the institution’s faculty members, students, and 

24 parents through a variety of means, including 

25 the institution’s website.’’; 
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1 (C) in paragraph (24) (as redesignated by 

2 subparagraph (A)), by adding at the end the 

3 following: 

4 ‘‘(D) In the case of a proprietary institu5 tion of higher education as defined in section 

6 102(b), the institution shall be considered in 

7 compliance with the requirements of subpara8 graph (A) for any student to whom the institu9 tion electronically transmits a message con10 taining a voter registration form acceptable for 

11 use in the State in which the institution is lo12 cated, or an Internet address where such a 

13 form can be downloaded, if such information is 

14 in an electronic message devoted solely to voter 

15 registration.’’; and 

16 (D) by adding at the end the following: 

17 ‘‘(25) In the case of a proprietary institution of 

18 higher education as defined in section 102(b), the 

19 institution will, as calculated in accordance with sub20 section (h)(1), have not less than 10 percent of its 

21 revenues from sources other than funds provided 

22 under this title, or will be subject to the sanctions 

23 described in subsection (h)(2). 

24 ‘‘(26) PREFERRED LENDER LISTS.—
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1 ‘‘(A) IN GENERAL.—In the case of an in2 stitution (including an employee or agent of an 

3 institution) that maintains a preferred lender 

4 list, in print or any other medium, through 

5 which the institution recommends one or more 

6 specific lenders for loans made under part B to 

7 the students attending the institution (or the 

8 parents of such students), the institution will—

9 ‘‘(i) clearly and fully disclose on the 

10 preferred lender list—

11 ‘‘(I) why the institution has in12 cluded each lender as a preferred 

13 lender, especially with respect to 

14 terms and conditions favorable to the 

15 borrower; and 

16 ‘‘(II) that the students attending 

17 the institution (or the parents of such 

18 students) do not have to borrow from 

19 a lender on the preferred lender list; 

20 ‘‘(ii) ensure, through the use of the 

21 list provided by the Secretary under sub22 paragraph (C), that—

23 ‘‘(I) there are not less than 3 

24 lenders named on the preferred lend-
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1 ing list that are not affiliates of each 

2 other; and 

3 ‘‘(II) the preferred lender list—

4 ‘‘(aa) specifically indicates, 

5 for each lender on the list, 

6 whether the lender is or is not an 

7 affiliate of each other lender on 

8 the list; and 

9 ‘‘(bb) if the lender is an af10 filiate of another lender on the 

11 list, describes the specifics of 

12 such affiliation; and 

13 ‘‘(iii) establish a process to ensure 

14 that lenders are placed upon the preferred 

15 lender list on the basis of the benefits pro16 vided to borrowers, including —

17 ‘‘(I) highly competitive interest 

18 rates, terms, or conditions for loans 

19 made under part B; 

20 ‘‘(II) high-quality customer serv21 ice for such loans; or 

22 ‘‘(III) additional benefits beyond 

23 the standard terms and conditions for 

24 such loans. 
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1 ‘‘(B) DEFINITION OF AFFILIATE; CON2 TROL.—

3 ‘‘(i) DEFINITION OF AFFILIATE.—For 

4 the purposes of subparagraph (A)(ii) the 

5 term ‘affiliate’ means a person that con6 trols, is controlled by, or is under common 

7 control with, another person. 

8 ‘‘(ii) CONTROL.—For purposes of sub9 paragraph (A)(ii), a person has control 

10 over another person if—

11 ‘‘(I) the person directly or indi12 rectly, or acting through 1 or more 

13 others, owns, controls, or has the 

14 power to vote 5 percent or more of 

15 any class of voting securities of such 

16 other person; 

17 ‘‘(II) the person controls, in any 

18 manner, the election of a majority of 

19 the directors or trustees of such other 

20 person; or 

21 ‘‘(III) the Secretary determines 

22 (after notice and opportunity for a 

23 hearing) that the person directly or 

24 indirectly exercises a controlling inter-
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1 est over the management or policies of 

2 such other person. 

3 ‘‘(C) LIST OF LENDER AFFILIATES.—The 

4 Secretary, in consultation with the Director of 

5 the Federal Deposit Insurance Corporation, 

6 shall maintain and update a list of lender affili7 ates of all eligible lenders, and shall provide 

8 such list to the eligible institutions for use in 

9 carrying out subparagraph (A).’’; 

10 (2) in subsection (c)(1)(A)(i), by inserting ‘‘, 

11 except that the Secretary may modify the require12 ments of this clause with regard to an institution 

13 outside the United States’’ before the semicolon at 

14 the end; 

15 (3) by redesignating subsections (d) and (e) as 

16 subsection (f) and (g), respectively; 

17 (4) by inserting after subsection (c) the fol18 lowing: 

19 ‘‘(d) INSTITUTIONAL REQUIREMENTS FOR TEACH20 OUTS.—

21 ‘‘(1) IN GENERAL.—In the event the Secretary 

22 initiates the limitation, suspension, or termination of 

23 the participation of an institution of higher edu24 cation in any program under this title under the au25 thority of subsection (c)(1)(F) or initiates an emer-
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1 gency action under the authority of subsection 

2 (c)(1)(G) and its prescribed regulations, the Sec3 retary shall require that institution to prepare a 

4 teach-out plan for submission to the institution’s ac5 crediting agency or association in compliance with 

6 section 496(c)(4), the Secretary’s regulations on 

7 teach-out plans, and the standards of the institu8 tion’s accrediting agency or association. 

9 ‘‘(2) TEACH-OUT PLAN DEFINED.—In this sub10 section, the term ‘teach-out plan’ means a written 

11 plan that provides for the equitable treatment of stu12 dents if an institution of higher education ceases to 

13 operate before all students have completed their pro14 gram of study, and may include, if required by the 

15 institution’s accrediting agency or association, an 

16 agreement between institutions for such a teach-out 

17 plan. 

18 ‘‘(e) VIOLATION OF CODE OF CONDUCT REGARDING

19 STUDENT LOANS.—

20 ‘‘(1) IN GENERAL.—Upon a finding by the Sec21 retary, after reasonable notice and an opportunity 

22 for a hearing, that an institution of higher education 

23 that has entered into a program participation agree24 ment with the Secretary under subsection (a) will25 fully contravened the institution’s attestation of 
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1 compliance with the provisions of subsection (a)(21), 

2 the Secretary may impose a penalty described in 

3 paragraph (2). 

4 ‘‘(2) PENALTIES.—A violation of paragraph (1) 

5 shall result in the limitation, suspension, or termi6 nation of the eligibility of the institution for the loan 

7 programs under this title.’’; and 

8 (5) by adding at the end the following: 

9 ‘‘(h) IMPLEMENTATION OF NONTITLE IV REVENUE

10 REQUIREMENT.—

11 ‘‘(1) CALCULATION.—In carrying out sub12 section (a)(27), a proprietary institution of higher 

13 education (as defined in section 102(b)) shall use 

14 the cash basis of accounting and count the following 

15 funds as from sources of funds other than funds 

16 provided under this title: 

17 ‘‘(A) Funds used by students from sources 

18 other than funds received under this title to pay 

19 tuition, fees, and other institutional charges to 

20 the institution, provided the institution can rea21 sonably demonstrate that such funds were used 

22 for such purposes. 

23 ‘‘(B) Funds used by the institution to sat24 isfy matching-fund requirements for programs 

25 under this title. 
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1 ‘‘(C) Funds used by a student from sav2 ings plans for educational expenses established 

3 by or on behalf of the student and which qualify 

4 for special tax treatment under the Internal 

5 Revenue Code of 1986. 

6 ‘‘(D) Funds paid by a student, or on be7 half of a student by a party other than the in8 stitution, to the institution for an education or 

9 training program that is not eligible for funds 

10 under this title, provided that the program is 

11 approved or licensed by the appropriate State 

12 agency or an accrediting agency recognized by 

13 the Secretary. 

14 ‘‘(E) Funds generated by the institution 

15 from institutional activities that are necessary 

16 for the education and training of the institu17 tion’s students, if such activities are—

18 ‘‘(i) conducted on campus or at a fa19 cility under the control of the institution; 

20 ‘‘(ii) performed under the supervision 

21 of a member of the institution’s faculty; 

22 and 

23 ‘‘(iii) required to be performed by all 

24 students in a specific educational program 

25 at the institution. 
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1 ‘‘(F) Institutional aid, as follows: 

2 ‘‘(i) In the case of loans made by the 

3 institution, only the amount of loan repay4 ments received by the institution during 

5 the fiscal year for which the determination 

6 is made. 

7 ‘‘(ii) In the case of scholarships pro8 vided by the institution, only those scholar9 ship funds provided by the institution that 

10 are—

11 ‘‘(I) in the form of monetary aid 

12 based upon the academic achieve13 ments or financial need of students; 

14 and 

15 ‘‘(II) disbursed during the fiscal 

16 year for which the determination is 

17 made from an established restricted 

18 account and only to the extent that 

19 the funds in that account represent 

20 designated funds from an outside 

21 source or income earned on those 

22 funds. 

23 ‘‘(iii) In the case of tuition discounts, 

24 only those tuition discounts based upon the 
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1 academic achievement or financial need of 

2 students. 

3 ‘‘(2) SANCTIONS.—

4 ‘‘(A) FAILURE TO MEET REQUIREMENT

5 FOR 1 YEAR.—In addition to such other means 

6 of enforcing the requirements of this title as 

7 may be available to the Secretary, if an institu8 tion fails to meet the requirements of sub9 section (a)(27) in any year, the Secretary may 

10 impose 1 or both of the following sanctions on 

11 the institution: 

12 ‘‘(i) Place the institution on provi13 sional certification in accordance with sec14 tion 498(h) until the institution dem15 onstrates, to the satisfaction of the Sec16 retary, that it is in compliance with sub17 section (a)(27). 

18 ‘‘(ii) Require such other increased 

19 monitoring and reporting requirements as 

20 the Secretary determines necessary until 

21 the institution demonstrates, to the satis22 faction of the Secretary, that it is in com23 pliance with subsection (a)(27). 

24 ‘‘(B) FAILURE TO MEET REQUIREMENT

25 FOR 2 YEARS.—An institution that fails to meet 
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1 the requirements of subsection (a)(27) for 2 

2 consecutive years shall be ineligible to partici3 pate in the programs authorized under this title 

4 until the institution demonstrates, to the satis5 faction of the Secretary, that it is in compliance 

6 with subsection (a)(27). 

7 ‘‘(3) PUBLIC AVAILABILITY OF INFORMATION.—

8 The Secretary shall make publicly available, through 

9 the means described in subsection (b) of section 131, 

10 any institution that fails to meet the requirements of 

11 subsection (a)(27) in any year as an institution that 

12 is failing to meet the minimum non-Federal source 

13 of revenue requirements of such subsection 

14 (a)(27).’’. 

15 SEC. 482. REGULATORY RELIEF AND IMPROVEMENT. 

16 Section 487A(b) (20 U.S.C. 1094a(b)) is amended—

17 (1) in paragraph (1)—

18 (A) by striking ‘‘1998’’ and inserting 

19 ‘‘2007’’ ; and 

20 (B) by striking ‘‘1999’’ and inserting 

21 ‘‘2008’’; and 

22 (2) by striking the matter preceding paragraph 

23 (2)(A) and inserting the following: 

24 ‘‘(2) REPORT.—The Secretary shall review and 

25 evaluate the experience of institutions participating 
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1 as experimental sites and shall, on a biennial basis, 

2 submit a report based on the review and evaluation 

3 to the authorizing committees. Such report shall in4 clude—’’; and 

5 (3) in paragraph (3)—

6 (A) in subparagraph (A)—

7 (i) by striking ‘‘Upon the submission 

8 of the report required by paragraph (2), 

9 the’’ and inserting ‘‘The’’; and 

10 (ii) by inserting ‘‘periodically’’ after 

11 ‘‘authorized to’’; 

12 (B) by striking subparagraph (B); 

13 (C) by redesignating subparagraph (C) as 

14 subparagraph (B); and 

15 (D) in subparagraph (B) (as redesignated 

16 by subparagraph (C))—

17 (i) by inserting ‘‘, including require18 ments related to the award process and 

19 disbursement of student financial aid (such 

20 as innovative delivery systems for modular 

21 or compressed courses, or other innovative 

22 systems), verification of student financial 

23 aid application data, entrance and exit 

24 interviews, or other management proce25 dures or processes as determined in the ne-
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1 gotiated rulemaking process under section 

2 492’’ after ‘‘requirements in this title’’; 

3 (ii) by inserting ‘‘(other than an 

4 award rule related to an experiment in 

5 modular or compressed schedules)’’ after 

6 ‘‘award rules’’; and 

7 (iii) by inserting ‘‘unless the waiver of 

8 such provisions is authorized by another 

9 provision under this title’’ before the pe10 riod at the end. 

11 SEC. 483. TRANSFER OF ALLOTMENTS. 

12 Section 488 (20 U.S.C. 1095) is amended in the first 

13 sentence—

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

15 the semicolon; 

16 (2) in paragraph (2), by striking ‘‘413D.’’ and 

17 inserting ‘‘413D; and’’; and 

18 (3) by adding at the end ‘‘(3) transfer 25 per19 cent of the institution’s allotment under section 

20 413D to the institution’s allotment under section 

21 442.’’. 

22 SEC. 484. PURPOSE OF ADMINISTRATIVE PAYMENTS. 

23 Section 489(b) (20 U.S.C. 1096(b)) is amended by 

24 striking ‘‘offsetting the administrative costs of’’ and in25 serting ‘‘administering’’. 
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1 SEC. 485. ADVISORY COMMITTEE ON STUDENT FINANCIAL 

2 ASSISTANCE. 

3 Section 491 (20 U.S.C. 1098) is amended—

4 (1) in subsection (a)(2)—

5 (A) in subparagraph (B), by striking 

6 ‘‘and’’ after the semicolon; 

7 (B) in subparagraph (C), by striking the 

8 period and inserting a semicolon; and 

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

10 ‘‘(D) to provide knowledge and under11 standing of early intervention programs, and to 

12 make recommendations that will result in early 

13 awareness by low- and moderate-income stu14 dents and families—

15 ‘‘(i) of their eligibility for assistance 

16 under this title; and 

17 ‘‘(ii) to the extent practicable, of their 

18 eligibility for other forms of State and in19 stitutional need-based student assistance; 

20 and 

21 ‘‘(E) to make recommendations that will 

22 expand and improve partnerships among the 

23 Federal Government, States, institutions of 

24 higher education, and private entities to in25 crease the awareness and the total amount of 
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1 need-based student assistance available to low2 and moderate-income students.’’; 

3 (2) in subsection (c), by adding at the end the 

4 following: 

5 ‘‘(3) The appointment of a member under subpara6 graph (A) or (B) of paragraph (1) shall be effective upon 

7 confirmation of the member by the Senate and publication 

8 of such appointment in the Congressional Record.’’; 

9 (3) in subsection (d)(6), by striking ‘‘, but 

10 nothing’’ and all that follows through ‘‘or analyses’’; 

11 (4) in subsection (j)—

12 (A) in paragraph (1)—

13 (i) by inserting ‘‘and simplification’’ 

14 after ‘‘modernization’’ each place the term 

15 appears; and 

16 (ii) by striking ‘‘including’’ and all 

17 that follows through ‘‘Department,’’; and 

18 (B) by striking paragraphs (4) and (5) and 

19 inserting the following: 

20 ‘‘(4) conduct a review and analysis of regula21 tions in accordance with subsection (l); and 

22 ‘‘(5) conduct a study in accordance with sub23 section (m).’’; 

24 (5) in subsection (k), by striking ‘‘2004’’ and 

25 inserting ‘‘2013’’; and 
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1 (6) by adding at the end the following: 

2 ‘‘(l) REVIEW AND ANALYSIS OF REGULATIONS.—

3 ‘‘(1) RECOMMENDATIONS.—The Advisory Com4 mittee shall make recommendations to the Secretary 

5 and Congress for consideration of future legislative 

6 action regarding redundant or outdated regulations 

7 under this title, consistent with the Secretary’s re8 quirements under section 498B. 

9 ‘‘(2) REVIEW AND ANALYSIS OF REGULA10 TIONS.—The Advisory Committee shall conduct a re11 view and analysis of the regulations issued under 

12 this title that are in effect at the time of the review 

13 and that apply to the operations or activities of par14 ticipants in the programs assisted under this title. 

15 The review and analysis may include a determina16 tion of whether the regulation is duplicative, is no 

17 longer necessary, is inconsistent with other Federal 

18 requirements, or is overly burdensome. In con19 ducting the review, the Advisory Committee shall 

20 pay specific attention to evaluating ways in which 

21 regulations under this title affecting institutions of 

22 higher education (other than institutions described 

23 in section 102(a)(1)(C)), that have received in each 

24 of the 2 most recent award years prior to the date 

25 of enactment of the Higher Education Amendments 
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1 of 2007 less than $200,000 in funds through this 

2 title, may be improved, streamlined, or eliminated. 

3 ‘‘(3) CONSULTATION.—

4 ‘‘(A) IN GENERAL.—In carrying out the 

5 review and analysis under paragraph (2), the 

6 Advisory Committee shall consult with the Sec7 retary, relevant representatives of institutions 

8 of higher education, and individuals who have 

9 expertise and experience with the regulations 

10 issued under this title, in accordance with sub11 paragraph (B). 

12 ‘‘(B) REVIEW PANELS.—The Advisory 

13 Committee shall convene not less than 2 review 

14 panels of representatives of the groups involved 

15 in student financial assistance programs under 

16 this title who have experience and expertise in 

17 the regulations issued under this title to review 

18 the regulations under this title, and to provide 

19 recommendations to the Advisory Committee 

20 with respect to the review and analysis under 

21 paragraph (2). The panels shall be made up of 

22 experts in areas such as the operations of the 

23 financial assistance programs, the institutional 

24 eligibility requirements for the financial assist25 ance programs, regulations not directly related 
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1 to the operations or the institutional eligibility 

2 requirements of the financial assistance pro3 grams, and regulations for dissemination of in4 formation to students about the financial assist5 ance programs. 

6 ‘‘(4) REPORTS TO CONGRESS.—The Advisory 

7 Committee shall submit, not later than 2 years after 

8 the completion of the negotiated rulemaking process 

9 required under section 492 resulting from the 

10 amendments to this Act made by the Higher Edu11 cation Amendments of 2007, a report to the author12 izing committees and the Secretary detailing the ex13 pert panels’ findings and recommendations with re14 spect to the review and analysis under paragraph 

15 (2). 

16 ‘‘(5) ADDITIONAL SUPPORT.—The Secretary 

17 and the Inspector General of the Department shall 

18 provide such assistance and resources to the Advi19 sory Committee as the Secretary and Inspector Gen20 eral determine are necessary to conduct the review 

21 required by this subsection. 

22 ‘‘(m) STUDY OF INNOVATIVE PATHWAYS TO BACCA23 LAUREATE DEGREE ATTAINMENT.—

24 ‘‘(1) STUDY REQUIRED.—The Advisory Com25 mittee shall conduct a study of the feasibility of in-
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1 creasing baccalaureate degree attainment rates by 

2 reducing the costs and financial barriers to attaining 

3 a baccalaureate degree through innovative programs. 

4 ‘‘(2) SCOPE OF STUDY.—The Advisory Com5 mittee shall examine new and existing programs that 

6 promote baccalaureate degree attainment through 

7 innovative ways, such as dual or concurrent enroll8 ment programs, changes made to the Federal Pell 

9 Grant program, simplification of the needs analysis 

10 process, compressed or modular scheduling, articula11 tion agreements, and programs that allow 2-year in12 stitutions of higher education to offer baccalaureate 

13 degrees. 

14 ‘‘(3) REQUIRED ASPECTS OF THE STUDY.—In 

15 performing the study described in this subsection, 

16 the Advisory Committee shall examine the following 

17 aspects of such innovative programs: 

18 ‘‘(A) The impact of such programs on bac19 calaureate attainment rates. 

20 ‘‘(B) The degree to which a student’s total 

21 cost of attaining a baccalaureate degree can be 

22 reduced by such programs. 

23 ‘‘(C) The ways in which low- and mod24 erate-income students can be specifically tar25 geted by such programs. 
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1 ‘‘(D) The ways in which nontraditional 

2 students can be specifically targeted by such 

3 programs. 

4 ‘‘(E) The cost-effectiveness for the Federal 

5 Government, States, and institutions of higher 

6 education to implement such programs. 

7 ‘‘(4) CONSULTATION.—

8 ‘‘(A) IN GENERAL.—In performing the 

9 study described in this subsection the Advisory 

10 Committee shall consult with a broad range of 

11 interested parties in higher education, including 

12 parents, students, appropriate representatives 

13 of secondary schools and institutions of higher 

14 education, appropriate State administrators, ad15 ministrators of dual or concurrent enrollment 

16 programs, and appropriate Department offi17 cials. 

18 ‘‘(B) CONGRESSIONAL CONSULTATION.—

19 The Advisory Committee shall consult on a reg20 ular basis with the authorizing committees in 

21 carrying out the study required by this section. 

22 ‘‘(5) REPORTS TO CONGRESS.—

23 ‘‘(A) INTERIM REPORT.—The Advisory 

24 Committee shall prepare and submit to the au25 thorizing committees and the Secretary an in-
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1 terim report, not later than 1 year after the 

2 date of enactment of the Higher Education 

3 Amendments of 2007, describing the progress 

4 that has been made in conducting the study re5 quired by this subsection and any preliminary 

6 findings on the topics identified under para7 graph (2). 

8 ‘‘(B) FINAL REPORT.—The Advisory Com9 mittee shall, not later than 3 years after the 

10 date of enactment of the Higher Education 

11 Amendments of 2007, prepare and submit to 

12 the authorizing committees and the Secretary a 

13 final report on the study, including rec14 ommendations for legislative, regulatory, and 

15 administrative changes based on findings re16 lated to the topics identified under paragraph 

17 (2).’’. 

18 SEC. 486. REGIONAL MEETINGS. 

19 Section 492(a)(1) (20 U.S.C. 1098a(a)(1)) is amend20 ed by inserting ‘‘State student grant agencies,’’ after ‘‘in21 stitutions of higher education,’’. 

22 SEC. 487. YEAR 2000 REQUIREMENTS AT THE DEPARTMENT. 

23 (a) REPEAL.—Section 493A (20 U.S.C. 1098c) is re24 pealed. 
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1 (b) REDESIGNATION.—Section 493B (20 U.S.C. 

2 1098d) is redesignated as section 493A. 

3 PART G—PROGRAM INTEGRITY 

4 SEC. 491. RECOGNITION OF ACCREDITING AGENCY OR AS5 SOCIATION. 

6 Section 496 (20 U.S.C. 1099b) is amended—

7 (1) in subsection (a)—

8 (A) by striking paragraph (4) and insert9 ing the following: 

10 ‘‘(4)(A) such agency or association consistently 

11 applies and enforces standards that respect the stat12 ed mission of the institution of higher education, in13 cluding religious missions, and that ensure that the 

14 courses or programs of instruction, training, or 

15 study offered by the institution of higher education, 

16 including distance education courses or programs, 

17 are of sufficient quality to achieve, for the duration 

18 of the accreditation period, the stated objective for 

19 which the courses or the programs are offered; and 

20 ‘‘(B) if such agency or association has or seeks 

21 to include within its scope of recognition the evalua22 tion of the quality of institutions or programs offer23 ing distance education, such agency or association 

24 shall, in addition to meeting the other requirements 

25 of this subpart, demonstrate to the Secretary that—
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1 ‘‘(i) the agency or association’s standards 

2 effectively address the quality of an institution’s 

3 distance education in the areas identified in sec4 tion 496(a)(5), except that the agency or asso5 ciation shall not be required to have separate 

6 standards, procedures or policies for the evalua7 tion of distance education institutions or pro8 grams in order to meet the requirements of this 

9 subparagraph; and 

10 ‘‘(ii) the agency or association requires an 

11 institution that offers distance education to 

12 have processes through which the institution es13 tablishes that the student who registers in a 

14 distance education course or program is the 

15 same student who participates in and completes 

16 the program and receives the academic credit;’’; 

17 (B) in paragraph (5), by striking subpara18 graph (A) and inserting the following: 

19 ‘‘(A) success with respect to student 

20 achievement in relation to the institution’s mis21 sion, which may include different standards for 

22 different institutions or programs, as estab23 lished by the institution, including, as appro24 priate, consideration of State licensing examina25 tions and job placement rates;’’; 
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1 (C) by striking paragraph (6) and insert2 ing the following: 

3 ‘‘(6) such an agency or association shall estab4 lish and apply review procedures throughout the ac5 crediting process, including evaluation and with6 drawal proceedings which comply with due process 

7 procedures that provide for—

8 ‘‘(A) adequate specification of require9 ments and deficiencies at the institution of 

10 higher education or program examined; 

11 ‘‘(B) an opportunity for a written response 

12 by any such institution to be included, prior to 

13 final action, in the evaluation and withdrawal 

14 proceedings; 

15 ‘‘(C) upon the written request of an insti16 tution, an opportunity for the institution to ap17 peal any adverse action, including denial, with18 drawal, suspension, or termination of accredita19 tion, or placement on probation of an institu20 tion, at a hearing prior to such action becoming 

21 final, before an appeals panel that—

22 ‘‘(i) shall not include current members 

23 of the agency or association’s underlying 

24 decision-making body that made the ad25 verse decision; and 
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1 ‘‘(ii) is subject to a conflict of interest 

2 policy; and 

3 ‘‘(D) the right to representation by counsel 

4 for such an institution during an appeal of the 

5 adverse action;’’; and 

6 (D) by striking paragraph (8) and insert7 ing the following: 

8 ‘‘(8) such agency or association shall make 

9 available to the public and the State licensing or au10 thorizing agency, and submit to the Secretary, a 

11 summary of agency or association actions, includ12 ing—

13 ‘‘(A) the award of accreditation or re14 accreditation of an institution; 

15 ‘‘(B) final denial, withdrawal, suspension, 

16 or termination of accreditation, or placement on 

17 probation of an institution, and any findings 

18 made in connection with the action taken, to19 gether with the official comments of the af20 fected institution; and 

21 ‘‘(C) any other adverse action taken with 

22 respect to an institution.’’; 

23 (2) in subsection (c)—
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1 (A) in paragraph (1), by inserting ‘‘, in2 cluding those regarding distance education’’ 

3 after ‘‘their responsibilities’’; 

4 (B) by redesignating paragraphs (2) 

5 through (6) as paragraphs (5) through (9); 

6 (C) by inserting after paragraph (1) (as 

7 amended by subparagraph (A)) the following: 

8 ‘‘(2) ensures that the agency or association’s 

9 on-site evaluation for accreditation or reaccreditation 

10 includes review of the Federally required information 

11 the institution or program provides its current and 

12 prospective students; 

13 ‘‘(3) monitors the growth of programs at insti14 tutions that are experiencing significant enrollment 

15 growth; 

16 ‘‘(4) requires an institution to submit a teach17 out plan for approval to the accrediting agency upon 

18 the occurrence of any of the following events: 

19 ‘‘(A) The Department notifies the accred20 iting agency of an action against the institution 

21 pursuant to section 487(d). 

22 ‘‘(B) The accrediting agency acts to with23 draw, terminate, or suspend the accreditation of 

24 an institution. 
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1 ‘‘(C) The institution notifies the accred2 iting agency that the institution intends to 

3 cease operations.’’; 

4 (D) in paragraph (8) (as redesignated by 

5 subparagraph (B)), by striking ‘‘and’’ after the 

6 semicolon; 

7 (E) in subparagraph (9) (as redesignated 

8 by subparagraph (B)), by striking the period 

9 and inserting ‘‘; and’’; and 

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

11 ‘‘(10) confirms, as a part of the agency or asso12 ciation’s review for accreditation or reaccreditation, 

13 that the institution has transfer of credit policies—

14 ‘‘(A) that are publicly disclosed; and 

15 ‘‘(B) that include a statement of the cri16 teria established by the institution regarding 

17 the transfer of credit earned at another institu18 tion of higher education.’’; 

19 (3) in subsection (g), by adding at the end the 

20 following: ‘‘Nothing in this section shall be construed 

21 to permit the Secretary to establish any criteria that 

22 specifies, defines, or prescribes the standards that 

23 accrediting agencies or associations shall use to as24 sess any institution’s success with respect to student 

25 achievement.’’; and 
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1 (4) in subsection (o), by adding at the end the 

2 following: ‘‘Notwithstanding any other provision of 

3 law, the Secretary shall not promulgate any regula4 tion with respect to subsection (a)(5).’’. 

5 SEC. 492. ADMINISTRATIVE CAPACITY STANDARD. 

6 Section 498 (20 U.S.C. 1099c) is amended—

7 (1) in subsection (d)(1)(B), by inserting ‘‘and’’ 

8 after the semicolon; and 

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

10 ‘‘(k) TREATMENT OF TEACH-OUTS AT ADDITIONAL

11 LOCATIONS.—

12 ‘‘(1) IN GENERAL.—A location of a closed insti13 tution of higher education shall be eligible as an ad14 ditional location of an eligible institution of higher 

15 education, as defined pursuant to regulations of the 

16 Secretary, for the purposes of a teach-out, if such 

17 teach-out has been approved by the institution’s ac18 crediting agency. 

19 ‘‘(2) SPECIAL RULE.—An institution of higher 

20 education that conducts a teach-out through the es21 tablishment of an additional location described in 

22 paragraph (1) shall be permitted to establish a per23 manent additional location at a closed institution 

24 and shall not be required—
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1 ‘‘(A) to meet the requirements of sections 

2 102(b)(1)(E) and 102(c)(1)(C) for such addi3 tional location; or 

4 ‘‘(B) to assume the liabilities of the closed 

5 institution.’’. 

6 SEC. 493. PROGRAM REVIEW AND DATA. 

7 Section 498A(b) (20 U.S.C. 1099c–1(b)) is amend8 ed—

9 (1) in paragraph (4), by striking ‘‘and’’ after 

10 the semicolon; 

11 (2) in paragraph (5) by striking the period and 

12 inserting a semicolon; and 

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

14 ‘‘(6) provide to an institution of higher edu15 cation an adequate opportunity to review and re16 spond to any program review report and relevant 

17 materials related to the report before any final pro18 gram review report is issued; 

19 ‘‘(7) review and take into consideration an in20 stitution of higher education’s response in any final 

21 program review report or audit determination, and 

22 include in the report or determination—

23 ‘‘(A) a written statement addressing the 

24 institution of higher education’s response; 
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1 ‘‘(B) a written statement of the basis for 

2 such report or determination; and 

3 ‘‘(C) a copy of the institution’s response; 

4 and 

5 ‘‘(8) maintain and preserve at all times the con6 fidentiality of any program review report until the 

7 requirements of paragraphs (6) and (7) are met, and 

8 until a final program review is issued, other than to 

9 the extent required to comply with paragraph (5), 

10 except that the Secretary shall promptly disclose any 

11 and all program review reports to the institution of 

12 higher education under review.’’. 

13 SEC. 494. TIMELY INFORMATION ABOUT LOANS. 

14 (a) IN GENERAL.—Title IV (20 U.S.C. 1070 et seq.) 

15 is further amended by adding at the end the following: 

16 ‘‘SEC. 499A. ACCESS TO TIMELY INFORMATION ABOUT 

17 LOANS. 

18 ‘‘(a) REGULAR BILL PROVIDING PERTINENT INFOR19 MATION ABOUT A LOAN.—A lender of a loan made, in20 sured, or guaranteed under this title shall provide the bor21 rower of such loan a bill each month or, in the case of 

22 a loan payable less frequently than monthly, a bill that 

23 corresponds to each payment installment time period, in24 cluding a clear and conspicuous notice of—

25 ‘‘(1) the borrower’s principal borrowed; 
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1 ‘‘(2) the borrower’s current balance; 

2 ‘‘(3) the interest rate on such loan; 

3 ‘‘(4) the amount the borrower has paid in inter4 est; 

5 ‘‘(5) the amount of additional interest payments 

6 the borrower is expected to pay over the life of the 

7 loan; 

8 ‘‘(6) the total amount the borrower has paid for 

9 the loan, including the amount the borrower has 

10 paid in interest, the amount the borrower has paid 

11 in fees, and the amount the borrower has paid 

12 against the balance, in a brief, borrower-friendly 

13 manner; 

14 ‘‘(7) a description of each fee the borrower has 

15 been charged for the current payment period; 

16 ‘‘(8) the date by which the borrower needs to 

17 make a payment in order to avoid additional fees; 

18 ‘‘(9) the amount of such payment that will be 

19 applied to the interest, the balance, and any fees on 

20 the loan; and 

21 ‘‘(10) the lender’s address and toll-free phone 

22 number for payment and billing error purposes. 

23 ‘‘(b) INFORMATION PROVIDED BEFORE COMMENCE24 MENT OF REPAYMENT.—A lender of a loan made, insured, 

25 or guaranteed under this title shall provide to the borrower 
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1 of such loan, at least one month before the loan enters 

2 repayment, a clear and conspicuous notice of not less than 

3 the following information: 

4 ‘‘(1) The borrower’s options, including repay5 ment plans, deferments, forbearances, and discharge 

6 options to which the borrower may be entitled. 

7 ‘‘(2) The conditions under which a borrower 

8 may be charged any fee, and the amount of such fee. 

9 ‘‘(3) The conditions under which a loan may de10 fault, and the consequences of default. 

11 ‘‘(4) Resources, including nonprofit organiza12 tions, advocates, and counselors (including the Office 

13 of the Ombudsman at the Department), where bor14 rowers can receive advice and assistance, if such re15 sources exist. 

16 ‘‘(c) INFORMATION PROVIDED DURING DELIN17 QUENCY.—In addition to any other information required 

18 under law, a lender of a loan made, insured, or guaranteed 

19 under this title shall provide a borrower in delinquency 

20 with a clear and conspicuous notice of the date on which 

21 the loan will default if no payment is made, the minimum 

22 payment that must be made to avoid default, discharge 

23 options to which the borrower may be entitled, resources, 

24 including nonprofit organizations, advocates, and coun25 selors (including the Office of the Ombudsman at the De-
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1 partment), where borrowers can receive advice and assist2 ance, if such resources exist. 

3 ‘‘(d) INFORMATION PROVIDED DURING DEFAULT.—

4 A lender of a loan made, insured, or guaranteed under 

5 this title shall provide a borrower in default, on not less 

6 than 2 separate occasions, with a clear and conspicuous 

7 notice of not less than the following information: 

8 ‘‘(1) The options available to the borrower to be 

9 removed from default. 

10 ‘‘(2) The relevant fees and conditions associated 

11 with each option.’’. 

12 SEC. 495. AUCTION EVALUATION AND REPORT. 

13 (a) EVALUATION.—If Congress enacts an Act that 

14 authorizes the Secretary of Education to carry out a pilot 

15 program under which the Secretary establishes a mecha16 nism for an auction of Federal PLUS Loans, then the 

17 Comptroller General shall evaluate such pilot program. 

18 The evaluation shall determine—

19 (1) the extent of the savings to the Federal 

20 Government that are generated through the pilot 

21 program, compared to the cost the Federal Govern22 ment would have incurred in operating the parent 

23 loan program under section 428B of the Higher 

24 Education Act of 1965 in the absence of the pilot 

25 program; 
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1 (2) the number of lenders that participated in 

2 the pilot program, and the extent to which the pilot 

3 program generated competition among lenders to 

4 participate in the auctions under the pilot program; 

5 (3) the effect of the transition to and operation 

6 of the pilot program on the ability of—

7 (A) lenders participating in the pilot pro8 gram to originate loans made through the pilot 

9 program smoothly and efficiently; 

10 (B) institutions of higher education partici11 pating in the pilot program to disburse loans 

12 made through the pilot program smoothly and 

13 efficiently; and 

14 (C) the ability of parents to obtain loans 

15 made through the pilot program in a timely and 

16 efficient manner; 

17 (4) the differential impact, if any, of the auc18 tion among the States, including between rural and 

19 non-rural States; and 

20 (5) the feasibility of using the mechanism pi21 loted to operate the other loan programs under part 

22 B of title IV of the Higher Education Act of 1965. 

23 (b) REPORTS.—The Comptroller General shall—

24 (1) not later than September 1, 2010, submit 

25 to the authorizing committees (as defined in section 
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1 103 of the Higher Education Act of 1965 (20 

2 U.S.C. 1003)) a preliminary report regarding the 

3 findings of the evaluation described in subsection 

4 (a); 

5 (2) not later than September 1, 2012, submit 

6 to the authorizing committees an interim report re7 garding such findings; and 

8 (3) not later than September 1, 2014, submit 

9 to the authorizing committees a final report regard10 ing such findings. 

11 TITLE V—DEVELOPING 

12 INSTITUTIONS 

13 SEC. 501. AUTHORIZED ACTIVITIES. 

14 Section 503(b) (20 U.S.C. 1101b(b)) is amended—

15 (1) by redesignating paragraphs (6) through 

16 (14) as paragraphs (8) through (16), respectively; 

17 (2) in paragraph (5), by inserting ‘‘, including 

18 innovative, customized remedial education and 

19 English language instruction courses designed to 

20 help retain students and move the students rapidly 

21 into core courses and through program completion’’ 

22 before the period at the end; 

23 (3) by inserting after paragraph (5) the fol24 lowing: 
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1 ‘‘(6) Education or counseling services designed 

2 to improve the financial literacy and economic lit3 eracy of students or the students’ parents. 

4 ‘‘(7) Articulation agreements and student sup5 port programs designed to facilitate the transfer 

6 from 2-year to 4-year institutions.’’; and 

7 (4) in paragraph (12) (as redesignated by para8 graph (1)), by striking ‘‘distance learning academic 

9 instruction capabilities’’ and inserting ‘‘distance edu10 cation technologies’’. 

11 SEC. 502. POSTBACCALAUREATE OPPORTUNITIES FOR HIS12 PANIC AMERICANS. 

13 (a) ESTABLISHMENT OF PROGRAM.—Title V (20 

14 U.S.C. 1101 et seq.) is amended—

15 (1) by redesignating part B as part C; 

16 (2) by redesignating sections 511 through 518 

17 as sections 521 through 528, respectively; and 

18 (3) by inserting after section 505 the following: 

19 ‘‘PART B—PROMOTING POSTBACCALAUREATE 

20 OPPORTUNITIES FOR HISPANIC AMERICANS 

21 ‘‘SEC. 511. PROGRAM AUTHORITY AND ELIGIBILITY. 

22 ‘‘(a) PROGRAM AUTHORIZED.—Subject to the avail23 ability of funds appropriated to carry out this part, the 

24 Secretary shall award grants, on a competitive basis, to 

25 eligible institutions to enable the eligible institutions to 
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1 carry out the authorized activities described in section 

2 512. 

3 ‘‘(b) ELIGIBILITY.—For the purposes of this part, an 

4 ‘eligible institution’ means an institution of higher edu5 cation that—

6 ‘‘(1) is a Hispanic-serving institution (as de7 fined in section 502); and 

8 ‘‘(2) offers a postbaccalaureate certificate or de9 gree granting program. 

10 ‘‘SEC. 512. AUTHORIZED ACTIVITIES. 

11 ‘‘Grants awarded under this part shall be used for 

12 1 or more of the following activities: 

13 ‘‘(1) Purchase, rental, or lease of scientific or 

14 laboratory equipment for educational purposes, in15 cluding instructional and research purposes. 

16 ‘‘(2) Construction, maintenance, renovation, 

17 and improvement in classroom, library, laboratory, 

18 and other instructional facilities, including purchase 

19 or rental of telecommunications technology equip20 ment or services. 

21 ‘‘(3) Purchase of library books, periodicals, 

22 technical and other scientific journals, microfilm, 

23 microfiche, and other educational materials, includ24 ing telecommunications program materials. 
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1 ‘‘(4) Support for needy postbaccalaureate stu2 dents, including outreach, academic support services, 

3 mentoring, scholarships, fellowships, and other fi4 nancial assistance, to permit the enrollment of such 

5 students in postbaccalaureate certificate and degree 

6 granting programs. 

7 ‘‘(5) Support of faculty exchanges, faculty de8 velopment, faculty research, curriculum development, 

9 and academic instruction. 

10 ‘‘(6) Creating or improving facilities for Inter11 net or other distance education technologies, includ12 ing purchase or rental of telecommunications tech13 nology equipment or services. 

14 ‘‘(7) Collaboration with other institutions of 

15 higher education to expand postbaccalaureate certifi16 cate and degree offerings. 

17 ‘‘(8) Other activities proposed in the application 

18 submitted pursuant to section 513 that are approved 

19 by the Secretary as part of the review and accept20 ance of such application. 

21 ‘‘SEC. 513. APPLICATION AND DURATION. 

22 ‘‘(a) APPLICATION.—Any eligible institution may 

23 apply for a grant under this part by submitting an applica24 tion to the Secretary at such time and in such manner 

25 as the Secretary may require. Such application shall dem-
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1 onstrate how the grant funds will be used to improve 

2 postbaccalaureate education opportunities for Hispanic 

3 and low-income students and will lead to such students’ 

4 greater financial independence. 

5 ‘‘(b) DURATION.—Grants under this part shall be 

6 awarded for a period not to exceed 5 years. 

7 ‘‘(c) LIMITATION.—The Secretary may not award 

8 more than 1 grant under this part in any fiscal year to 

9 any Hispanic-serving institution.’’. 

10 SEC. 503. APPLICATIONS. 

11 Section 521(b)(1)(A) (as redesignated by section 

12 502(a)(2)) (20 U.S.C. 1103(b)(1)(A)) is amended by 

13 striking ‘‘subsection (b)’’ and inserting ‘‘subsection (c)’’. 

14 SEC. 504. COOPERATIVE ARRANGEMENTS. 

15 Section 524(a) (as redesignated by section 502(a)(2)) 

16 (20 U.S.C. 1103c(a)) is amended by striking ‘‘section 

17 503’’ and inserting ‘‘sections 503 and 512’’. 

18 SEC. 505. AUTHORIZATION OF APPROPRIATIONS. 

19 Section 528(a) (as redesignated by section 502(a)(2)) 

20 (20 U.S.C. 1103g(a)) is amended—

21 (1) by inserting ‘‘part A of’’ after ‘‘carry out’’; 

22 (2) by striking ‘‘$62,500,000 for fiscal year 

23 1999’’ and all that follows through the period and 

24 inserting ‘‘such sums as may be necessary for fiscal 
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1 year 2008 and each of the 5 succeeding fiscal 

2 years.’’; 

3 (3) by striking ‘‘(a) AUTHORIZATIONS.—There 

4 are’’ and inserting the following: 

5 ‘‘(a) AUTHORIZATIONS.—

6 ‘‘(1) PART A.—There are’’; and 

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

8 ‘‘(2) PART B.—There are authorized to be ap9 propriated to carry out part B of this title such 

10 sums as may be necessary for fiscal year 2008 and 

11 each of the 5 succeeding fiscal years.’’. 

12 TITLE VI—INTERNATIONAL 

13 EDUCATION PROGRAMS 

14 SEC. 601. FINDINGS. 

15 Section 601 (20 U.S.C. 1121) is amended—

16 (1) in the section heading, by striking ‘‘AND

17 PURPOSES’’ and inserting ‘‘; PURPOSES; CON18 SULTATION; SURVEY’’; 

19 (2) in subsection (a)(3), by striking ‘‘post-Cold 

20 War’’; 

21 (3) in subsection (b)(1)(D), by inserting ‘‘, in22 cluding through linkages with overseas institutions’’ 

23 before the semicolon; and 

24 (4) by adding at the end the following: 
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1 ‘‘(c) CONSULTATION.—The Secretary shall, prior to 

2 requesting applications for funding under this title during 

3 each grant cycle, consult with and receive recommenda4 tions regarding national need for expertise in foreign lan5 guages and world regions from the head officials of a wide 

6 range of Federal agencies. Such agencies shall provide in7 formation to the Secretary regarding how the agencies uti8 lize expertise and resources provided by grantees under 

9 this title. The Secretary shall take into account such rec10 ommendations and information when requesting applica11 tions for funding under this title, and shall make available 

12 to applicants a list of areas identified as areas of national 

13 need. 

14 ‘‘(d) SURVEY.—The Secretary shall assist grantees in 

15 developing a survey to administer to students who have 

16 participated in programs under this title to determine 

17 postgraduation placement. All grantees, where applicable, 

18 shall administer such survey not less often than annually 

19 and report such data to the Secretary.’’. 

20 SEC. 602. GRADUATE AND UNDERGRADUATE LANGUAGE 

21 AND AREA CENTERS AND PROGRAMS. 

22 Section 602 (20 U.S.C. 1122) is amended—

23 (1) in subsection (a)—

24 (A) in paragraph (2)—
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1 (i) in subparagraph (G), by striking 

2 ‘‘and’’ after the semicolon; 

3 (ii) in subparagraph (H), by striking 

4 the period and inserting ‘‘; and’’; and 

5 (iii) by adding at the end the fol6 lowing: 

7 ‘‘(I) support for instructors of the less 

8 commonly taught languages.’’; and 

9 (B) in paragraph (4)—

10 (i) by redesignating subparagraphs 

11 (C) through (E) as subparagraphs (D) 

12 through (F), respectively; 

13 (ii) by inserting after subparagraph 

14 (B) the following: 

15 ‘‘(C) Programs of linkage or outreach be16 tween or among—

17 ‘‘(i) foreign language, area studies, or 

18 other international fields; and 

19 ‘‘(ii) State educational agencies or 

20 local educational agencies.’’; 

21 (iii) in subparagraph (D) (as redesig22 nated by clause (i)) by inserting ‘‘, includ23 ing Federal or State scholarship programs 

24 for students in related areas’’ before the 

25 period at the end; and 
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1 (iv) in subparagraph (F) (as redesig2 nated by clause (i)), by striking ‘‘and (D)’’ 

3 and inserting ‘‘(D), and (E)’’; 

4 (2) in subsection (b)—

5 (A) in the subsection heading, by striking 

6 ‘‘GRADUATE’’; and 

7 (B) by striking paragraph (2) and insert8 ing the following: 

9 ‘‘(2) ELIGIBLE STUDENTS.—A student receiv10 ing a stipend described in paragraph (1) shall be en11 gaged—

12 ‘‘(A) in an instructional program with stat13 ed performance goals for functional foreign lan14 guage use or in a program developing such per15 formance goals, in combination with area stud16 ies, international studies, or the international 

17 aspects of a professional studies program; and 

18 ‘‘(B)(i) in the case of an undergraduate 

19 student, in the intermediate or advanced study 

20 of a less commonly taught language; or 

21 ‘‘(ii) in the case of a graduate student, in 

22 graduate study in connection with a program 

23 described in subparagraph (A), including—

24 ‘‘(I) predissertation level study; 
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1 ‘‘(II) preparation for dissertation re2 search; 

3 ‘‘(III) dissertation research abroad; or 

4 ‘‘(IV) dissertation writing.’’; 

5 (3) by striking subsection (d) and inserting the 

6 following: 

7 ‘‘(d) ALLOWANCES.—

8 ‘‘(1) GRADUATE LEVEL RECIPIENTS.—A sti9 pend awarded to a graduate level recipient may in10 clude allowances for dependents and for travel for 

11 research and study in the United States and abroad. 

12 ‘‘(2) UNDERGRADUATE LEVEL RECIPIENTS.—A 

13 stipend awarded to an undergraduate level recipient 

14 may include an allowance for educational programs 

15 in the United States or educational programs abroad 

16 that—

17 ‘‘(A) are closely linked to the overall goals 

18 of the recipient’s course of study; and 

19 ‘‘(B) have the purpose of promoting for20 eign language fluency and knowledge of foreign 

21 cultures.’’; and 

22 (4) by adding at the end the following: 

23 ‘‘(e) APPLICATION.—Each institution or combination 

24 of institutions desiring a grant under this section shall 

25 submit an application to the Secretary at such time, in 
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1 such manner, and accompanied by such information and 

2 assurances as the Secretary may require. Each application 

3 shall include an explanation of how the activities funded 

4 by the grant will reflect diverse perspectives and a wide 

5 range of views and generate debate on world regions and 

6 international affairs. Each application shall also describe 

7 how the applicant will address disputes regarding whether 

8 activities funded under the application reflect diverse per9 spectives and a wide range of views. Each application shall 

10 also include a description of how the applicant will encour11 age government service in areas of national need, as iden12 tified by the Secretary, as well as in needs in the edu13 cation, business, and nonprofit sectors.’’. 

14 SEC. 603. UNDERGRADUATE INTERNATIONAL STUDIES AND 

15 FOREIGN LANGUAGE PROGRAMS. 

16 Section 604 (20 U.S.C. 1124) is amended—

17 (1) in subsection (a)—

18 (A) in paragraph (2)—

19 (i) by redesignating subparagraphs (I) 

20 through (M) as subparagraphs (J) through 

21 (N), respectively; and 

22 (ii) by inserting after subparagraph 

23 (H) the following: 
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1 ‘‘(I) providing subgrants to undergraduate 

2 students for educational programs abroad 

3 that—

4 ‘‘(i) are closely linked to the overall 

5 goals of the program for which the grant 

6 is awarded; and 

7 ‘‘(ii) have the purpose of promoting 

8 foreign language fluency and knowledge of 

9 foreign cultures;’’; and 

10 (B) in paragraph (7)—

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

12 ‘‘and’’ after the semicolon; 

13 (ii) in subparagraph (D), by striking 

14 the period at the end and inserting a semi15 colon; and 

16 (iii) by adding at the end the fol17 lowing: 

18 ‘‘(E) a description of how the applicant 

19 will provide information to students regarding 

20 federally funded scholarship programs in re21 lated areas; 

22 ‘‘(F) an explanation of how the activities 

23 funded by the grant will reflect diverse perspec24 tives and a wide range of views and generate 
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1 debate on world regions and international af2 fairs, where applicable; 

3 ‘‘(G) a description of how the applicant 

4 will address disputes regarding whether the ac5 tivities funded under the application reflect di6 verse perspectives and a wide range of views; 

7 and 

8 ‘‘(H) a description of how the applicant 

9 will encourage service in areas of national need 

10 as identified by the Secretary.’’; and 

11 (2) in subsection (c)—

12 (A) by striking ‘‘FUNDING SUPPORT.—The 

13 Secretary’’ and inserting ‘‘FUNDING SUP14 PORT.—

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

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

17 and 

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

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

20 funds awarded to a grantee under this section, the 

21 grantee may use not more than 10 percent of such 

22 funds for the activity described in subsection 

23 (a)(2)(I).’’. 

24 SEC. 604. RESEARCH; STUDIES. 

25 Section 605(a) (20 U.S.C. 1125(a)) is amended—
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1 (1) in paragraph (8), by striking ‘‘and’’ after 

2 the semicolon; 

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

4 inserting a semicolon; and 

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

6 ‘‘(10) evaluation of the extent to which pro7 grams assisted under this title reflect diverse per8 spectives and a wide range of views and generate de9 bate on world regions and international affairs; 

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

11 dissemination of data that contribute to achieving 

12 the purposes of this part; and 

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

14 make data collected, analyzed, or disseminated under 

15 this section publicly available and easy to under16 stand.’’. 

17 SEC. 605. TECHNOLOGICAL INNOVATION AND COOPERA18 TION FOR FOREIGN INFORMATION ACCESS. 

19 Section 606 (20 U.S.C. 1126) is amended—

20 (1) in subsection (a)—

21 (A) by striking ‘‘new electronic tech22 nologies’’ and inserting ‘‘electronic tech23 nologies’’; 

24 (B) by inserting ‘‘from foreign sources’’ 

25 after ‘‘disseminate information’’; 
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1 (C) in the subsection heading, by striking 

2 ‘‘AUTHORITY.—The Secretary’’ and inserting 

3 ‘‘AUTHORITY.—

4 ‘‘(1) IN GENERAL.—The Secretary’’; and 

5 (D) by adding at the end the following: 

6 ‘‘(2) PARTNERSHIPS WITH NOT-FOR-PROFIT

7 EDUCATIONAL ORGANIZATIONS.—The Secretary may 

8 award grants under this section to carry out the ac9 tivities authorized under this section to the fol10 lowing: 

11 ‘‘(A) An institution of higher education. 

12 ‘‘(B) A public or nonprofit private library. 

13 ‘‘(C) A consortium of an institution of 

14 higher education and 1 or more of the fol15 lowing: 

16 ‘‘(i) Another institution of higher edu17 cation. 

18 ‘‘(ii) A library. 

19 ‘‘(iii) A not-for-profit educational or20 ganization.’’; 

21 (2) in subsection (b)—

22 (A) in paragraph (1), by striking ‘‘to facili23 tate access to’’ and inserting ‘‘to acquire, facili24 tate access to,’’; 
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1 (B) in paragraph (2), by inserting ‘‘or 

2 standards for’’ after ‘‘means of’’; 

3 (C) in paragraph (6), by striking ‘‘and’’ 

4 after the semicolon; 

5 (D) in paragraph (7), by striking the pe6 riod and inserting a semicolon; and 

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

8 ‘‘(8) to establish linkages to facilitate carrying 

9 out the activities described in this subsection be10 tween—

11 ‘‘(A) the institutions of higher education, 

12 libraries, and consortia receiving grants under 

13 this section; and 

14 ‘‘(B) institutions of higher education, not15 for-profit educational organizations, and librar16 ies overseas; and 

17 ‘‘(9) to carry out other activities that the Sec18 retary determines are consistent with the purpose of 

19 the grants or contracts awarded under this section.’’; 

20 and 

21 (3) in subsection (c), by striking ‘‘institution or 

22 consortium’’ and inserting ‘‘institution of higher 

23 education, library, or consortium’’. 

24 SEC. 606. SELECTION OF CERTAIN GRANT RECIPIENTS. 

25 Section 607 (20 U.S.C. 1127) is amended—
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1 (1) in subsection (a), by striking ‘‘evaluates the 

2 applications for comprehensive and undergraduate 

3 language and area centers and programs.’’ and in4 serting ‘‘evaluates—

5 ‘‘(1) the applications for comprehensive foreign 

6 language and area or international studies centers 

7 and programs; and 

8 ‘‘(2) the applications for undergraduate foreign 

9 language and area or international studies centers 

10 and programs.’’; and 

11 (2) in subsection (b), by adding at the end the 

12 following: ‘‘The Secretary shall also consider an ap13 plicant’s record of placing students into service in 

14 areas of national need and an applicant’s stated ef15 forts to increase the number of such students that 

16 go into such service.’’. 

17 SEC. 607. AMERICAN OVERSEAS RESEARCH CENTERS. 

18 Section 609 (20 U.S.C. 1128a) is amended by adding 

19 at the end the following: 

20 ‘‘(e) APPLICATION.—Each center desiring a grant 

21 under this section shall submit an application to the Sec22 retary at such time, in such manner, and accompanied by 

23 such information and assurances as the Secretary may re24 quire.’’. 
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1 SEC. 608. AUTHORIZATION OF APPROPRIATIONS FOR 

2 INTERNATIONAL AND FOREIGN LANGUAGE 

3 STUDIES. 

4 Section 610 (20 U.S.C. 1128b) is amended by strik5 ing ‘‘$80,000,000 for fiscal year 1999’’ and all that fol6 lows through the period and inserting ‘‘such sums as may 

7 be necessary for fiscal year 2008 and each of the 5 suc8 ceeding fiscal years.’’. 

9 SEC. 609. CENTERS FOR INTERNATIONAL BUSINESS EDU10 CATION. 

11 Section 612(f)(3) (20 U.S.C. 1130–1(f)(3)) is 

12 amended by inserting ‘‘, and that diverse perspectives will 

13 be made available to students in programs under this sec14 tion’’ before the semicolon. 

15 SEC. 610. EDUCATION AND TRAINING PROGRAMS. 

16 Section 613(c) (20 U.S.C. 1130a(c)) is amended by 

17 adding at the end the following: ‘‘Each such application 

18 shall include an assurance that, where applicable, the ac19 tivities funded by the grant will reflect diverse perspectives 

20 and a wide range of views on world regions and inter21 national affairs.’’. 

22 SEC. 611. AUTHORIZATION OF APPROPRIATIONS FOR BUSI23 NESS AND INTERNATIONAL EDUCATION PRO24 GRAMS. 

25 Section 614 (20 U.S.C. 1130b) is amended—
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1 (1) in subsection (a), by striking ‘‘$11,000,000 

2 for fiscal year 1999’’ and all that follows through 

3 ‘‘fiscal years’’ and inserting ‘‘such sums as may be 

4 necessary for fiscal year 2008 and each of the 5 suc5 ceeding fiscal years’’; and 

6 (2) in subsection (b), by striking ‘‘$7,000,000 

7 for fiscal year 1999’’ and all that follows through 

8 ‘‘fiscal years,’’ and inserting ‘‘such sums as may be 

9 necessary for fiscal year 2008 and each of the 5 suc10 ceeding fiscal years’’. 

11 SEC. 612. MINORITY FOREIGN SERVICE PROFESSIONAL DE12 VELOPMENT PROGRAM. 

13 Section 621 (20 U.S.C. 1131) is amended—

14 (1) in subsection (c), by adding at the end the 

15 following: ‘‘Each application shall include a descrip16 tion of how the activities funded by the grant will re17 flect diverse perspectives and a wide range of views 

18 on world regions and international affairs, where ap19 plicable.’’; and 

20 (2) in subsection (e)—

21 (A) by striking ‘‘MATCH REQUIRED.—The 

22 eligible’’ and inserting ‘‘MATCHING FUNDS.—

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

24 the eligible’’; and 

25 (B) by adding at the end the following: 
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1 ‘‘(2) WAIVER.—The Secretary may waive the 

2 requirement of paragraph (1) for an eligible recipi3 ent if the Secretary determines such waiver is appro4 priate.’’. 

5 SEC. 613. INSTITUTIONAL DEVELOPMENT. 

6 Section 622 (20 U.S.C. 1131–1) is amended—

7 (1) in subsection (a)—

8 (A) by striking ‘‘Tribally Controlled Col9 leges or Universities’’ and inserting ‘‘tribally 

10 controlled colleges or universities’’; and 

11 (B) by striking ‘‘international affairs pro12 grams.’’ and inserting ‘‘international affairs, 

13 international business, and foreign language 

14 study programs, including the teaching of for15 eign languages, at such colleges, universities, 

16 and institutions, respectively, which may include 

17 collaboration with institutions of higher edu18 cation that receive funding under this title.’’; 

19 and 

20 (2) in subsection (c)—

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

22 (B) by redesignating paragraphs (2) and 

23 (4) as paragraphs (1) and (2), respectively; and 
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1 (C) in paragraph (1) (as redesignated by 

2 subparagraph (B)), by inserting ‘‘and’’ after 

3 the semicolon. 

4 SEC. 614. STUDY ABROAD PROGRAM. 

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

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

7 this Act’’; and 

8 (2) by striking ‘‘tribally controlled Indian com9 munity colleges as defined in the Tribally Controlled 

10 Community College Assistance Act of 1978’’ and in11 serting ‘‘tribally controlled colleges or universities’’. 

12 SEC. 615. ADVANCED DEGREE IN INTERNATIONAL RELA13 TIONS. 

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

15 (1) in the section heading, by striking ‘‘MAS16 TERS’’ and inserting ‘‘ADVANCED’’; 

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

18 exceptional circumstances, a doctoral degree,’’ after 

19 ‘‘masters degree’’; 

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

21 degree’’ and inserting ‘‘advanced degree’’; and 

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

23 States’’ and inserting ‘‘United States.’’. 

24 SEC. 616. INTERNSHIPS. 

25 Section 625 (20 U.S.C. 1131c) is amended—
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1 (1) in subsection (a)—

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

3 of this Act’’; 

4 (B) by striking ‘‘tribally controlled Indian 

5 community colleges as defined in the Tribally 

6 Controlled Community College Assistance Act 

7 of 1978’’ and inserting ‘‘tribally controlled col8 leges or universities’’; 

9 (C) by striking ‘‘an international’’ and in10 serting ‘‘international,’’; and 

11 (D) by striking ‘‘the United States Infor12 mation Agency’’ and inserting ‘‘the Department 

13 of State’’; and 

14 (2) in subsection (c)(1)—

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

16 ‘‘and’’ after the semicolon; 

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

18 and’’ and inserting a period; and 

19 (C) by striking subparagraph (G). 

20 SEC. 617. FINANCIAL ASSISTANCE. 

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

22 amended—

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

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

25 (2) by inserting after section 625 the following: 
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1 ‘‘SEC. 626. FINANCIAL ASSISTANCE. 

2 ‘‘(a) AUTHORITY.—The Institute may provide finan3 cial assistance, in the form of summer stipends described 

4 in subsection (b) and Ralph Bunche scholarship assistance 

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

6 the participation of the students in the Institute’s pro7 grams under this part. 

8 ‘‘(b) SUMMER STIPENDS.—

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

10 summer stipend under this section shall use such sti11 pend to defray the student’s cost of participation in 

12 a summer institute program funded under this part, 

13 including the costs of travel, living, and educational 

14 expenses necessary for the student’s participation in 

15 such program. 

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

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

18 per summer. 

19 ‘‘(c) RALPH BUNCHE SCHOLARSHIP.—

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

21 Ralph Bunche scholarship under this section—

22 ‘‘(A) shall be a full-time student at an in23 stitution of higher education who is accepted 

24 into a program funded under this part; and 

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

26 costs related to the cost of attendance, as de-
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1 fined in section 472, at the institution of higher 

2 education in which the student is enrolled. 

3 ‘‘(2) AMOUNT AND DURATION.—A Ralph 

4 Bunche scholarship awarded to a student under this 

5 section shall not exceed $5,000 per academic year.’’. 

6 SEC. 618. REPORT. 

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

8 U.S.C. 1131d) is amended by striking ‘‘annually’’ and in9 serting ‘‘biennially’’. 

10 SEC. 619. GIFTS AND DONATIONS. 

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

12 U.S.C. 1131e) is amended by striking ‘‘annual report de13 scribed in section 626’’ and inserting ‘‘biennial report de14 scribed in section 627’’. 

15 SEC. 620. AUTHORIZATION OF APPROPRIATIONS FOR THE 

16 INSTITUTE FOR INTERNATIONAL PUBLIC 

17 POLICY. 

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

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

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

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

22 year 2008 and each of the 5 succeeding fiscal years.’’. 

23 SEC. 621. DEFINITIONS. 

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

25 (1) by striking paragraph (7); 
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1 (2) by redesignating paragraphs (2), (3), (4), 

2 (5), (6), (8), and (9), as paragraphs (7), (4), (8), 

3 (2), (10), (6), and (3), respectively; 

4 (3) in paragraph (2), as redesignated by para5 graph (2), by striking ‘‘comprehensive language and 

6 area center’’ and inserting ‘‘comprehensive foreign 

7 language and area or international studies center’’; 

8 (4) in paragraph (3), as redesignated by para9 graph (2), by striking the period at the end and in10 serting a semicolon; 

11 (5) by inserting after paragraph (4), as redesig12 nated by paragraph (2), the following: 

13 ‘‘(5) the term ‘historically Black college and 

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

15 institution’ in section 322;’’; 

16 (6) in paragraph (6), as redesignated by para17 graph (2), by striking ‘‘and’’ after the semicolon; 

18 (7) by inserting after paragraph (8), as redesig19 nated by paragraph (2), the following: 

20 ‘‘(9) the term ‘tribally controlled college or uni21 versity’ has the meaning given the term in section 

22 2 of the Tribally Controlled College or University 

23 Assistance Act of 1978 (25 U.S.C. 1801); and’’; and 

24 (8) in paragraph (10), as redesignated by para25 graph (2), by striking ‘‘undergraduate language and 
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1 area center’’ and inserting ‘‘undergraduate foreign 

2 language and area or international studies center’’. 

3 SEC. 622. ASSESSMENT AND ENFORCEMENT. 

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

5 adding at the end the following: 

6 ‘‘SEC. 632. ASSESSMENT; ENFORCEMENT; RULE OF CON7 STRUCTION. 

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

9 assess and ensure compliance with all the conditions and 

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

11 regarding activities funded under this title is not resolved 

12 under the process outlined in the relevant grantee’s appli13 cation, such complaint shall be filed with the Department 

14 and reviewed by the Secretary. The Secretary shall take 

15 the review of such complaints into account when deter16 mining the renewal of grants. 

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

18 shall be construed to authorize the Secretary to mandate, 

19 direct, or control an institution of higher education’s spe20 cific instructional content, curriculum, or program of in21 struction. 

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

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

24 the funds made available under this title to carry out pro25 gram evaluation, national outreach, and information dis-
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1 semination activities relating to the programs authorized 

2 under this title. 

3 ‘‘SEC. 634. BIENNIAL REPORT. 

4 ‘‘The Secretary shall, in consultation and collabora5 tion with the Secretary of State, the Secretary of Defense, 

6 and the heads of other relevant Federal agencies, submit 

7 a biennial report that identifies areas of national need in 

8 foreign language, area, and international studies as such 

9 studies relate to government, education, business, and 

10 nonprofit needs, and a plan to address those needs. The 

11 report shall be provided to the authorizing committees and 

12 made available to the public.’’. 

13 TITLE VII—GRADUATE AND 

14 POSTSECONDARY IMPROVE15 MENT PROGRAMS 

16 SEC. 701. PURPOSE. 

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

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

19 United States national and homeland security needs such 

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

21 semicolon at the end. 

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

23 Section 702(a)(1) (20 U.S.C. 1134a(a)(1)) is amend24 ed to read as follows: 

25 ‘‘(1) APPOINTMENT.—
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1 ‘‘(A) IN GENERAL.—The Secretary shall 

2 appoint a Jacob K. Javits Fellows Program 

3 Fellowship Board (referred to in this subpart as 

4 the ‘Board’) consisting of 9 individuals rep5 resentative of both public and private institu6 tions of higher education who are especially 

7 qualified to serve on the Board. 

8 ‘‘(B) QUALIFICATIONS.—In making ap9 pointments under subparagraph (A), the Sec10 retary shall—

11 ‘‘(i) give due consideration to the ap12 pointment of individuals who are highly re13 spected in the academic community; 

14 ‘‘(ii) assure that individuals appointed 

15 to the Board are broadly representative of 

16 a range of disciplines in graduate edu17 cation in arts, humanities, and social 

18 sciences; 

19 ‘‘(iii) appoint members to represent 

20 the various geographic regions of the 

21 United States; and 

22 ‘‘(iv) include representatives from mi23 nority institutions, as defined in section 

24 365.’’. 
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1 SEC. 703. STIPENDS. 

2 Section 703(a) (20 U.S.C. 1134b(a)) is amended by 

3 striking ‘‘graduate fellowships’’ and inserting ‘‘Graduate 

4 Research Fellowship Program’’. 

5 SEC. 704. AUTHORIZATION OF APPROPRIATIONS FOR THE 

6 JACOB K. JAVITS FELLOWSHIP PROGRAM. 

7 Section 705 (20 U.S.C. 1134d) is amended by strik8 ing ‘‘$30,000,000 for fiscal year 1999’’ and all that fol9 lows through the period and inserting ‘‘such sums as may 

10 be necessary for fiscal year 2008 and each of the 5 suc11 ceeding fiscal years to carry out this subpart.’’. 

12 SEC. 705. INSTITUTIONAL ELIGIBILITY UNDER THE GRAD13 UATE ASSISTANCE IN AREAS OF NATIONAL 

14 NEED PROGRAM. 

15 Section 712(b) (20 U.S.C. 1135a(b)) is amended to 

16 read as follows: 

17 ‘‘(b) DESIGNATION OF AREAS OF NATIONAL

18 NEED.—After consultation with appropriate Federal and 

19 nonprofit agencies and organizations, including the Na20 tional Science Foundation, the Department of Defense, 

21 the Department of Homeland Security, the National Acad22 emy of Sciences, and the Bureau of Labor Statistics, the 

23 Secretary shall designate areas of national need. In mak24 ing such designations, the Secretary shall take into consid25 eration—
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1 ‘‘(1) the extent to which the interest in the area 

2 is compelling; 

3 ‘‘(2) the extent to which other Federal pro4 grams support postbaccalaureate study in the area 

5 concerned; 

6 ‘‘(3) an assessment of how the program may 

7 achieve the most significant impact with available re8 sources; and 

9 ‘‘(4) an assessment of current and future pro10 fessional workforce needs of the United States.’’. 

11 SEC. 706. AWARDS TO GRADUATE STUDENTS. 

12 Section 714 (20 U.S.C. 1135c) is amended—

13 (1) in subsection (b)—

14 (A) by striking ‘‘1999–2000’’ and inserting 

15 ‘‘2008–2009’’; and 

16 (B) by striking ‘‘graduate fellowships’’ and 

17 inserting ‘‘Graduate Research Fellowship Pro18 gram’’; and 

19 (2) in subsection (c)—

20 (A) by striking ‘‘716(a)’’ and inserting 

21 ‘‘715(a)’’; and 

22 (B) by striking ‘‘714(b)(2)’’ and inserting 

23 ‘‘713(b)(2)’’. 
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1 SEC. 707. ADDITIONAL ASSISTANCE FOR COST OF EDU2 CATION. 

3 Section 715(a)(1) (20 U.S.C. 1135d(a)(1)) is amend4 ed—

5 (1) by striking ‘‘1999–2000’’ and inserting 

6 ‘‘2008–2009’’; and 

7 (2) by striking ‘‘1998–1999’’ and inserting 

8 ‘‘2007–2008’’. 

9 SEC. 708. AUTHORIZATION OF APPROPRIATIONS FOR THE 

10 GRADUATE ASSISTANCE IN AREAS OF NA11 TIONAL NEED PROGRAM. 

12 Section 716 (20 U.S.C. 1135e) is amended by strik13 ing ‘‘$35,000,000 for fiscal year 1999’’ and all that fol14 lows through the period and inserting ‘‘such sums as may 

15 be necessary for fiscal year 2008 and each of the 5 suc16 ceeding fiscal years to carry out this subpart.’’. 

17 SEC. 709. LEGAL EDUCATIONAL OPPORTUNITY PROGRAM. 

18 Section 721 (20 U.S.C. 1136) is amended—

19 (1) in subsection (a)—

20 (A) by inserting ‘‘secondary school and’’ 

21 after ‘‘disadvantaged’’; and 

22 (B) by inserting ‘‘and admission to law 

23 practice’’ before the period at the end; 

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

25 subsection (b), by inserting ‘‘secondary school stu26 dent or’’ before ‘‘college student’’; 
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1 (3) in subsection (c)—

2 (A) in paragraph (1), by inserting ‘‘sec3 ondary school and’’ before ‘‘college students’’; 

4 (B) by striking paragraph (2) and insert5 ing the following: 

6 ‘‘(2) to prepare such students for successful 

7 completion of a baccalaureate degree and for study 

8 at accredited law schools, and to assist them with 

9 the development of analytical skills, writing skills, 

10 and study methods to enhance the students’ success 

11 and promote the students’ admission to and comple12 tion of law school;’’; 

13 (C) in paragraph (4), by striking ‘‘and’’ 

14 after the semicolon; 

15 (D) by striking paragraph (5) and insert16 ing the following: 

17 ‘‘(4) to motivate and prepare such students—

18 ‘‘(A) with respect to law school studies and 

19 practice in low-income communities; and 

20 ‘‘(B) to provide legal services to low-in21 come individuals and families; and;’’; and 

22 (E) by adding at the end the following: 

23 ‘‘(6) to award Thurgood Marshall Fellowships 

24 to eligible law school students—
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1 ‘‘(A) who participated in summer institutes 

2 under subsection (d)(6) and who are enrolled in 

3 an accredited law school; or 

4 ‘‘(B) who have successfully completed sum5 mer institute programs comparable to the sum6 mer institutes under subsection (d) that are 

7 certified by the Council on Legal Education Op8 portunity.’’; 

9 (4) in subsection (d)—

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

11 by inserting ‘‘pre-college programs, under12 graduate’’ before ‘‘pre-law’’; 

13 (B) in paragraph (1)—

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

15 ‘‘law school’’ before ‘‘graduation’’; and 

16 (ii) by striking subparagraph (D) and 

17 inserting the following: 

18 ‘‘(D) pre-college and undergraduate pre19 paratory courses in analytical and writing skills, 

20 study methods, and curriculum selection;’’; 

21 (C) by redesignating paragraphs (2) 

22 through (6) as paragraphs (3) through (7), re23 spectively; 

24 (D) by inserting after paragraph (1) the 

25 following: 
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1 ‘‘(2) summer academic programs for secondary 

2 school students who have expressed interest in a ca3 reer in the law;’’; and 

4 (E) in paragraph (7) (as redesignated by 

5 subparagraph (C)), by inserting ‘‘and Associ6 ates’’ after ‘‘Thurgood Marshall Fellows’’; 

7 (5) in subsection (e)(1), by inserting ‘‘, includ8 ing before and during undergraduate study’’ before 

9 the semicolon; 

10 (6) in subsection (f)—

11 (A) by inserting ‘‘national and State bar 

12 associations,’’ after ‘‘agencies and organiza13 tions,’’; and 

14 (B) by striking ‘‘and organizations.’’ and 

15 inserting ‘‘organizations, and associations.’’; 

16 (7) by striking subsection (g) and inserting the 

17 following: 

18 ‘‘(g) FELLOWSHIPS AND STIPENDS.—The Secretary 

19 shall annually establish the maximum fellowship to be 

20 awarded, and stipend to be paid (including allowances for 

21 participant travel and for the travel of the dependents of 

22 the participant), to Thurgood Marshall Fellows or Associ23 ates for the period of participation in summer institutes, 

24 midyear seminars, and bar preparation seminars. A Fellow 

25 or Associate may be eligible for such a fellowship or sti-
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1 pend only if the Thurgood Marshall Fellow or Associate 

2 maintains satisfactory academic progress toward the Juris 

3 Doctor or Bachelor of Laws degree, as determined by the 

4 respective institutions (except with respect to a law school 

5 graduate enrolled in a bar preparation course).’’; and 

6 (8) in subsection (h), by striking ‘‘$5,000,000 

7 for fiscal year 1999’’ and all that follows through 

8 the period at the end and inserting ‘‘such sums as 

9 may be necessary for fiscal year 2008 and for each 

10 of the 5 succeeding fiscal years’’. 

11 SEC. 710. FUND FOR THE IMPROVEMENT OF POSTSEC12 ONDARY EDUCATION. 

13 Section 741 (20 U.S.C. 1138) is amended—

14 (1) in subsection (a)—

15 (A) by striking paragraph (3) and insert16 ing the following: 

17 ‘‘(3) the establishment and continuation of in18 stitutions, programs, consortia, collaborations, and 

19 other joint efforts based on the technology of com20 munications, including those efforts that utilize dis21 tance education and technological advancements to 

22 educate and train postsecondary students (including 

23 health professionals serving medically underserved 

24 populations);’’; 
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1 (B) in paragraph (7), by striking ‘‘and’’ 

2 after the semicolon; 

3 (C) in paragraph (8), by striking the pe4 riod at the end and inserting a semicolon; and 

5 (D) by adding at the end the following: 

6 ‘‘(9) the introduction of reforms in remedial 

7 education, including English language instruction, to 

8 customize remedial courses to student goals and help 

9 students progress rapidly from remedial courses into 

10 core courses and through program completion; and 

11 ‘‘(10) the creation of consortia that join diverse 

12 institutions of higher education to design and offer 

13 curricular and co-curricular interdisciplinary pro14 grams at the undergraduate and graduate levels, 

15 sustained for not less than a 5 year period, that—

16 ‘‘(A) focus on poverty and human capa17 bility; and 

18 ‘‘(B) include—

19 ‘‘(i) a service-learning component; and 

20 ‘‘(ii) the delivery of educational serv21 ices through informational resource cen22 ters, summer institutes, midyear seminars, 

23 and other educational activities that stress 

24 the effects of poverty and how poverty can 
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1 be alleviated through different career 

2 paths.’’; and 

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

4 ‘‘(c) PROJECT GRAD.—

5 ‘‘(1) PURPOSES.—The purposes of this sub6 section are—

7 ‘‘(A) to provide support and assistance to 

8 programs implementing integrated education re9 form services in order to improve secondary 

10 school graduation, college attendance, and col11 lege completion rates for at-risk students; and 

12 ‘‘(B) to promote the establishment of new 

13 programs to implement such integrated edu14 cation reform services. 

15 ‘‘(2) DEFINITIONS.—In this subsection: 

16 ‘‘(A) AT-RISK.—The term ‘at-risk’ has the 

17 same meaning given such term in section 1432 

18 of the Elementary and Secondary Education 

19 Act of 1965. 

20 ‘‘(B) FEEDER PATTERN.—The term ‘feed21 er pattern’ means a secondary school and the 

22 elementary schools and middle schools that 

23 channel students into that secondary school. 

24 ‘‘(3) GRANT AUTHORIZED.—The Secretary is 

25 authorized to award a grant to Project GRAD USA 
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1 (referred to in this subsection as the ‘grantee’), a 

2 nonprofit educational organization that has as its 

3 primary purpose the improvement of secondary 

4 school graduation, college attendance, and college 

5 completion rates for at-risk students, to implement 

6 and sustain the integrated education reform pro7 gram at existing Project GRAD sites, and to pro8 mote the expansion of the Project GRAD program 

9 to new sites. 

10 ‘‘(4) REQUIREMENTS OF GRANT AGREEMENT.—

11 The Secretary shall enter into an agreement with 

12 the grantee that requires that the grantee shall—

13 ‘‘(A) enter into subcontracts with nonprofit 

14 educational organizations that serve a substan15 tial number or percentage of at-risk students 

16 (referred to in this subsection as ‘subcontrac17 tors’), under which the subcontractors agree to 

18 implement the Project GRAD program and pro19 vide matching funds for such programs; and 

20 ‘‘(B) directly carry out—

21 ‘‘(i) activities to implement and sus22 tain the literacy, mathematics, classroom 

23 management, social service, and college ac24 cess components of the Project GRAD pro25 gram; 
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1 ‘‘(ii) activities for the purpose of im2 plementing new Project GRAD program 

3 sites; 

4 ‘‘(iii) activities to support, evaluate, 

5 and consistently improve the Project 

6 GRAD program; 

7 ‘‘(iv) activities for the purpose of pro8 moting greater public awareness of inte9 grated education reform services to im10 prove secondary school graduation, college 

11 attendance, and college completion rates 

12 for at-risk students; and 

13 ‘‘(v) other activities directly related to 

14 improving secondary school graduation, 

15 college attendance, and college completion 

16 rates for at-risk students. 

17 ‘‘(5) GRANTEE CONTRIBUTION AND MATCHING

18 REQUIREMENT.—

19 ‘‘(A) IN GENERAL.—The grantee shall pro20 vide funds to each subcontractor based on the 

21 number of students served by the subcontractor 

22 in the Project GRAD program, adjusted to take 

23 into consideration—
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1 ‘‘(i) the resources available in the area 

2 where the subcontractor will implement the 

3 Project GRAD program; and 

4 ‘‘(ii) the need for the Project GRAD 

5 program in such area to improve student 

6 outcomes, including reading and mathe7 matics achievement and, where applicable, 

8 secondary school graduation, college at9 tendance, and college completion rates. 

10 ‘‘(B) MATCHING REQUIREMENT.—Each 

11 subcontractor shall provide funds for the 

12 Project GRAD program in an amount that is 

13 equal to or greater than the amount received by 

14 the subcontractor from the grantee. Such 

15 matching funds may be provided in cash or in16 kind, fairly evaluated. 

17 ‘‘(6) EVALUATION.—The Secretary shall select 

18 an independent entity to evaluate, every 3 years, the 

19 performance of students who participate in a Project 

20 GRAD program under this subsection. 

21 ‘‘(d) CENTER FOR BEST PRACTICES TO SUPPORT

22 SINGLE PARENT STUDENTS.—

23 ‘‘(1) PROGRAM AUTHORIZED.—The Secretary is 

24 authorized to award 1 grant or contract to an insti25 tution of higher education to enable such institution 
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1 to establish and maintain a center to study and de2 velop best practices for institutions of higher edu3 cation to support single parents who are also stu4 dents attending such institutions. 

5 ‘‘(2) INSTITUTION REQUIREMENTS.—The Sec6 retary shall award the grant or contract under this 

7 subsection to a 4-year institution of higher education 

8 that has demonstrated expertise in the development 

9 of programs to assist single parents who are stu10 dents at institutions of higher education, as shown 

11 by the institution’s development of a variety of tar12 geted services to such students, including on-campus 

13 housing, child care, counseling, advising, internship 

14 opportunities, financial aid, and financial aid coun15 seling and assistance. 

16 ‘‘(3) CENTER ACTIVITIES.—The center funded 

17 under this section shall—

18 ‘‘(A) assist institutions implementing inno19 vative programs that support single parents 

20 pursuing higher education; 

21 ‘‘(B) study and develop an evaluation pro22 tocol for such programs that includes quan23 titative and qualitative methodologies; 
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1 ‘‘(C) provide appropriate technical assist2 ance regarding the replication, evaluation, and 

3 continuous improvement of such programs; and 

4 ‘‘(D) develop and disseminate best prac5 tices for such programs. 

6 ‘‘(e) UNDERSTANDING THE FEDERAL REGULATORY

7 IMPACT ON HIGHER EDUCATION.—

8 ‘‘(1) PURPOSE.—The purpose of this subsection 

9 is to help institutions of higher education under10 stand the regulatory impact of the Federal Govern11 ment on such institutions, in order to raise aware12 ness of institutional legal obligations and provide in13 formation to improve compliance with, and to reduce 

14 the duplication and inefficiency of, Federal regula15 tions. 

16 ‘‘(2) PROGRAM AUTHORIZED.—The Secretary is 

17 authorized to award 1 grant or contract to an insti18 tution of higher education to enable the institution 

19 to carry out the activities described in the agreement 

20 under paragraph (4). 

21 ‘‘(3) INSTITUTION REQUIREMENTS.—The Sec22 retary shall award the grant or contract under this 

23 subsection to an institution of higher education that 

24 has demonstrated expertise in—
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1 ‘‘(A) reviewing Federal higher education 

2 regulations; 

3 ‘‘(B) maintaining a clearinghouse of com4 pliance training materials; and 

5 ‘‘(C) explaining the impact of such regula6 tions to institutions of higher education through 

7 a comprehensive and freely accessible website. 

8 ‘‘(4) REQUIREMENTS OF AGREEMENT.—As a 

9 condition of receiving a grant or contract under this 

10 subsection, the institution of higher education shall 

11 enter into an agreement with the Secretary that 

12 shall require the institution to—

13 ‘‘(A) monitor Federal regulations, includ14 ing notices of proposed rulemaking, for their 

15 impact or potential impact on higher education; 

16 ‘‘(B) provide a succinct description of each 

17 regulation or proposed regulation that is rel18 evant to higher education; and 

19 ‘‘(C) maintain a website providing informa20 tion on Federal regulations that is easy to use, 

21 searchable, and updated regularly. 

22 ‘‘(f) SCHOLARSHIP PROGRAM FOR FAMILY MEMBERS

23 OF VETERANS OR MEMBERS OF THE MILITARY.—

24 ‘‘(1) AUTHORIZATION.—The Secretary shall 

25 contract with a nonprofit organization with dem-
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1 onstrated experience in carrying out the activities 

2 described in this subsection to carry out a program 

3 to provide postsecondary education scholarships for 

4 eligible students. 

5 ‘‘(2) ELIGIBLE STUDENTS.—In this subsection, 

6 the term ‘eligible student’ means an individual who 

7 is—

8 ‘‘(A)(i) a dependent student who is a child 

9 of—

10 ‘‘(I) an individual who is—

11 ‘‘(aa) serving on active duty dur12 ing a war or other military operation 

13 or national emergency (as defined in 

14 section 481); or 

15 ‘‘(bb) performing qualifying Na16 tional Guard duty during a war or 

17 other military operation or national 

18 emergency (as defined in section 481); 

19 or 

20 ‘‘(II) a veteran who died while serving 

21 or performing, as described in subclause 

22 (I), since September 11, 2001, or has been 

23 disabled while serving or performing, as 

24 described in subclause (I), as a result of 

25 such event; or 
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1 ‘‘(ii) an independent student who is a 

2 spouse of—

3 ‘‘(I) an individual who is—

4 ‘‘(aa) serving on active duty dur5 ing a war or other military operation 

6 or national emergency (as defined in 

7 section 481); or 

8 ‘‘(bb) performing qualifying Na9 tional Guard duty during a war or 

10 other military operation or national 

11 emergency (as defined in section 481); 

12 or 

13 ‘‘(II) a veteran who died while serving 

14 or performing, as described in subclause 

15 (I), since September 11, 2001, or has been 

16 disabled while serving or performing, as 

17 described in subclause (I), as a result of 

18 such event; and 

19 ‘‘(B) enrolled as a full-time or part-time 

20 student at an institution of higher education (as 

21 defined in section 102). 

22 ‘‘(3) AWARDING OF SCHOLARSHIPS.—Scholar23 ships awarded under this subsection shall be award24 ed based on need with priority given to eligible stu-
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1 dents who are eligible to receive Federal Pell Grants 

2 under subpart 1 of part A of title IV. 

3 ‘‘(4) MAXIMUM SCHOLARSHIP AMOUNT.—The 

4 maximum scholarship amount awarded to an eligible 

5 student under this subsection for an academic year 

6 shall be the lesser of—

7 ‘‘(A) the difference between the eligible 

8 student’s cost of attendance (as defined in sec9 tion 472) and any non-loan based aid such stu10 dent receives; or 

11 ‘‘(B) $5,000. 

12 ‘‘(5) AMOUNTS FOR SCHOLARSHIPS.—All of the 

13 amounts appropriated to carry out this subsection 

14 for a fiscal year shall be used for scholarships 

15 awarded under this subsection, except that a non16 profit organization receiving a contract under this 

17 subsection may use not more than 1 percent of such 

18 amounts for the administrative costs of the con19 tract.’’. 

20 SEC. 711. SPECIAL PROJECTS. 

21 Section 744(c) (20 U.S.C. 1138c) is amended to read 

22 as follows: 

23 ‘‘(c) AREAS OF NATIONAL NEED.—Areas of national 

24 need shall include, at a minimum, the following: 
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1 ‘‘(1) Institutional restructuring to improve 

2 learning and promote productivity, efficiency, quality 

3 improvement, and cost and price control. 

4 ‘‘(2) Improvements in academic instruction and 

5 student learning, including efforts designed to assess 

6 the learning gains made by postsecondary students. 

7 ‘‘(3) Articulation between 2- and 4-year institu8 tions of higher education, including developing inno9 vative methods for ensuring the successful transfer 

10 of students from 2- to 4-year institutions of higher 

11 education. 

12 ‘‘(4) Development, evaluation and dissemination 

13 of model programs, including model core curricula 

14 that—

15 ‘‘(A) provide students with a broad and in16 tegrated knowledge base; 

17 ‘‘(B) include, at a minimum, broad survey 

18 courses in English literature, American and 

19 world history, American political institutions, 

20 economics, philosophy, college-level mathe21 matics, and the natural sciences; and 

22 ‘‘(C) include sufficient study of a foreign 

23 language to lead to reading and writing com24 petency in the foreign language. 
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1 ‘‘(5) International cooperation and student ex2 changes among postsecondary educational institu3 tions.’’. 

4 SEC. 712. AUTHORIZATION OF APPROPRIATIONS FOR THE 

5 FUND FOR THE IMPROVEMENT OF POSTSEC6 ONDARY EDUCATION. 

7 Section 745 (20 U.S.C. 1138d) is amended by strik8 ing ‘‘$30,000,000 for fiscal year 1999’’ and all that fol9 lows through the period and inserting ‘‘such sums as may 

10 be necessary for fiscal year 2008 and each of the 5 suc11 ceeding fiscal years.’’. 

12 SEC. 713. REPEAL OF THE URBAN COMMUNITY SERVICE 

13 PROGRAM. 

14 Part C of title VII (20 U.S.C. 1139 et seq.) is re15 pealed. 

16 SEC. 714. GRANTS FOR STUDENTS WITH DISABILITIES. 

17 (a) GRANTS AUTHORIZED FOR DEMONSTRATION

18 PROJECTS TO ENSURE STUDENTS WITH DISABILITIES

19 RECEIVE A QUALITY HIGHER EDUCATION.—Section 762 

20 (20 U.S.C. 1140a) is amended—

21 (1) in subsection (b)—

22 (A) in paragraph (2)—

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

24 ‘‘to teach students with disabilities’’ and 

25 inserting ‘‘to teach and meet the academic 
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1 and programmatic needs of students with 

2 disabilities in order to improve retention 

3 and completion of postsecondary edu4 cation’’; 

5 (ii) by redesignating subparagraphs 

6 (B) and (C) as subparagraphs (C) and 

7 (F), respectively; 

8 (iii) by inserting after subparagraph 

9 (A) the following: 

10 ‘‘(B) EFFECTIVE TRANSITION PRAC11 TICES.—The development of innovative and ef12 fective teaching methods and strategies to en13 sure the successful transition of students with 

14 disabilities from secondary school to postsec15 ondary education.’’; 

16 (iv) in subparagraph (C), as redesig17 nated by clause (ii), by striking the period 

18 at the end and inserting ‘‘, including data 

19 on the postsecondary education of and im20 pact on subsequent employment of stu21 dents with disabilities. Such research, in22 formation, and data shall be made publicly 

23 available and accessible.’’; 
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1 (v) by inserting after subparagraph 

2 (C), as redesignated by clause (ii), the fol3 lowing: 

4 ‘‘(D) DISTANCE LEARNING.—The develop5 ment of innovative and effective teaching meth6 ods and strategies to provide faculty and ad7 ministrators with the ability to provide acces8 sible distance education programs or classes 

9 that would enhance access of students with dis10 abilities to higher education, including the use 

11 of accessible curriculum and electronic commu12 nication for instruction and advisement. 

13 ‘‘(E) DISABILITY CAREER PATHWAYS.—

14 ‘‘(i) IN GENERAL.—Training and pro15 viding support to secondary and postsec16 ondary staff with respect to disability-re17 lated fields to—

18 ‘‘(I) encourage interest and par19 ticipation in such fields, among stu20 dents with disabilities and other stu21 dents; 

22 ‘‘(II) enhance awareness and un23 derstanding of such fields among such 

24 students; 
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1 ‘‘(III) provide educational oppor2 tunities in such fields among such 

3 students; 

4 ‘‘(IV) teach practical skills re5 lated to such fields among such stu6 dents; and 

7 ‘‘(V) offer work-based opportuni8 ties in such fields among such stu9 dents. 

10 ‘‘(ii) DEVELOPMENT.—The training 

11 and support described in clause (i) may in12 clude developing means to offer students 

13 credit-bearing, college-level coursework, 

14 and career and educational counseling.’’; 

15 and 

16 (vi) by adding at the end the fol17 lowing: 

18 ‘‘(G) ACCESSIBILITY OF EDUCATION.—

19 Making postsecondary education more acces20 sible to students with disabilities through cur21 riculum development.’’; and 

22 (B) in paragraph (3), by striking ‘‘sub23 paragraphs (A) through (C)’’ and inserting 

24 ‘‘subparagraphs (A) through (G)’’; and 

25 (2) by adding at the end the following: 
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1 ‘‘(d) REPORT.—Not later than 3 years after the date 

2 of enactment of the Higher Education Amendments of 

3 2007, the Secretary shall prepare and disseminate a re4 port reviewing the activities of the demonstration projects 

5 authorized under this subpart and providing guidance and 

6 recommendations on how successful projects can be rep7 licated.’’. 

8 (b) TRANSITION PROGRAMS FOR STUDENTS WITH

9 INTELLECTUAL DISABILITIES INTO HIGHER EDUCATION; 

10 COORDINATING CENTER.—Part D of title VII (20 U.S.C. 

11 1140 et seq.) is further amended—

12 (1) in the part heading, by striking ‘‘DEM13 ONSTRATION’’; 

14 (2) by inserting after the part heading the fol15 lowing: 

16 ‘‘Subpart 1—Quality Higher Education’’; 

17 and 

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

19 ‘‘Subpart 2—Transition Programs for Students With 

20 Intellectual Disabilities Into Higher Education; 

21 Coordinating Center 

22 ‘‘SEC. 771. PURPOSE. 

23 ‘‘It is the purpose of this subpart to support model 

24 demonstration programs that promote the successful tran-
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1 sition of students with intellectual disabilities into higher 

2 education. 

3 ‘‘SEC. 772. DEFINITIONS. 

4 ‘‘In this subpart: 

5 ‘‘(1) COMPREHENSIVE TRANSITION AND POST6 SECONDARY PROGRAM FOR STUDENTS WITH INTEL7 LECTUAL DISABILITIES.—The term ‘comprehensive 

8 transition and postsecondary program for students 

9 with intellectual disabilities’ means a degree, certifi10 cate, or nondegree program offered by an institution 

11 of higher education that—

12 ‘‘(A) is designed for students with intellec13 tual disabilities who seek to continue academic, 

14 vocational, or independent living instruction at 

15 the institution in order to prepare for gainful 

16 employment; 

17 ‘‘(B) includes an advising and curriculum 

18 structure; and 

19 ‘‘(C) requires the enrollment of the student 

20 (through enrollment in credit-bearing courses, 

21 auditing or participating in courses, partici22 pating in internships, or enrollment in non23 credit, nondegree courses) in the equivalent of 

24 not less than a half-time course of study, as de25 termined by the institution. 
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1 ‘‘(2) STUDENT WITH AN INTELLECTUAL DIS2 ABILITY.—The term ‘student with an intellectual 

3 disability’ means a student whose mental retardation 

4 or other significant cognitive impairment substan5 tially impacts the student’s intellectual and cognitive 

6 functioning. 

7 ‘‘SEC. 773. MODEL COMPREHENSIVE TRANSITION AND 

8 POSTSECONDARY PROGRAMS FOR STUDENTS 

9 WITH INTELLECTUAL DISABILITIES. 

10 ‘‘(a) GRANTS AUTHORIZED.—

11 ‘‘(1) IN GENERAL.—The Secretary shall annu12 ally award grants, on a competitive basis, to institu13 tions of higher education (or consortia of institutions 

14 of higher education), to create or expand high-qual15 ity, inclusive model comprehensive transition and 

16 postsecondary programs for students with intellec17 tual disabilities. 

18 ‘‘(2) NUMBER AND DURATION OF GRANTS.—

19 The Secretary shall award not less than 10 grants 

20 per year under this section, and each grant awarded 

21 under this subsection shall be for a period of 5 

22 years. 

23 ‘‘(b) APPLICATION.—An institution of higher edu24 cation (or a consortium) desiring a grant under this sec25 tion shall submit an application to the Secretary at such 
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1 time, in such manner, and containing such information as 

2 the Secretary may require. 

3 ‘‘(c) PREFERENCE.—In awarding grants under this 

4 section, the Secretary shall give preference to institutions 

5 of higher education (or consortia) that—

6 ‘‘(1) will carry out a model program under the 

7 grant in a State that does not already have a com8 prehensive transition and postsecondary program for 

9 students with intellectual disabilities; or 

10 ‘‘(2) in the application submitted under sub11 section (b), agree to incorporate 1 or more the fol12 lowing elements into the model programs carried out 

13 under the grant: 

14 ‘‘(A) The formation of a partnership with 

15 any relevant agency serving students with intel16 lectual disabilities, such as a vocational rehabili17 tation agency. 

18 ‘‘(B) In the case of an institution of higher 

19 education that provides institutionally-owned or 

20 operated housing for students attending the in21 stitution, the integration of students with intel22 lectual disabilities into such housing. 

23 ‘‘(C) The involvement of students attend24 ing the institution of higher education who are 

25 studying special education, general education, 
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1 vocational rehabilitation, assistive technology, or 

2 related fields in the model program carried out 

3 under the grant. 

4 ‘‘(d) USE OF FUNDS.—An institution of higher edu5 cation (or consortium) receiving a grant under this section 

6 shall use the grant funds to establish a model comprehen7 sive transition and postsecondary program for students 

8 with intellectual disabilities that—

9 ‘‘(1) serves students with intellectual disabil10 ities, including students with intellectual disabilities 

11 who are no longer eligible for special education and 

12 related services under the Individuals with Disabil13 ities Education Act; 

14 ‘‘(2) provides individual supports and services 

15 for the academic and social inclusion of students 

16 with intellectual disabilities in academic courses, ex17 tracurricular activities, and other aspects of the in18 stitution of higher education’s regular postsecondary 

19 program; 

20 ‘‘(3) with respect to the students with intellec21 tual disabilities participating in the model program, 

22 provides a focus on—

23 ‘‘(A) academic enrichment; 

24 ‘‘(B) socialization; 
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1 ‘‘(C) independent living, including self-ad2 vocacy skills; and 

3 ‘‘(D) integrated work experiences and ca4 reer skills that lead to gainful employment; 

5 ‘‘(4) integrates person-centered planning in the 

6 development of the course of study for each student 

7 with an intellectual disability participating in the 

8 model program; 

9 ‘‘(5) participates with the coordinating center 

10 established under section 774 in the evaluation of 

11 the model program; 

12 ‘‘(6) partners with 1 or more local educational 

13 agencies to support students with intellectual disabil14 ities participating in the model program who are still 

15 eligible for special education and related services 

16 under such Act, including regarding the utilization 

17 of funds available under part B of the Individuals 

18 with Disabilities Education Act for such students; 

19 ‘‘(7) plans for the sustainability of the model 

20 program after the end of the grant period; and 

21 ‘‘(8) creates and offers a meaningful credential 

22 for students with intellectual disabilities upon the 

23 completion of the model program. 

24 ‘‘(e) MATCHING REQUIREMENT.—An institution of 

25 higher education that receives a grant under this section 
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1 shall provide toward the cost of the model comprehensive 

2 transition and postsecondary program for students with 

3 intellectual disabilities carried out under the grant, match4 ing funds, which may be provided in cash or in-kind, in 

5 an amount not less than 25 percent of the amount of such 

6 grant funds. 

7 ‘‘(f) REPORT.—Not later than 3 years after the date 

8 of enactment of the Higher Education Amendments of 

9 2007, the Secretary shall prepare and disseminate a re10 port reviewing the activities of the model comprehensive 

11 transition and postsecondary programs for students with 

12 intellectual disabilities authorized under this subpart and 

13 providing guidance and recommendations on how success14 ful programs can be replicated. 

15 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated to carry out this section 

17 such sums as may be necessary. 

18 ‘‘SEC. 774. COORDINATING CENTER FOR TECHNICAL AS19 SISTANCE, EVALUATION, AND DEVELOPMENT 

20 OF ACCREDITATION STANDARDS. 

21 ‘‘(a) IN GENERAL.—

22 ‘‘(1) AWARD.—The Secretary shall, on a com23 petitive basis, enter into a cooperative agreement 

24 with an eligible entity, for the purpose of estab25 lishing a coordinating center for technical assistance, 
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1 evaluation, and development of accreditation stand2 ards for institutions of higher education that offer 

3 inclusive model comprehensive transition and post4 secondary programs for students with intellectual 

5 disabilities. 

6 ‘‘(2) DURATION.—The cooperative agreement 

7 under this section shall be for a period of 5 years. 

8 ‘‘(b) REQUIREMENTS OF COOPERATIVE AGREE9 MENT.—The eligible entity entering into a cooperative 

10 agreement under this section shall establish and maintain 

11 a center that shall—

12 ‘‘(1) serve as the technical assistance entity for 

13 all model comprehensive transition and postsec14 ondary programs for students with intellectual dis15 abilities assisted under section 773; 

16 ‘‘(2) provide technical assistance regarding the 

17 development, evaluation, and continuous improve18 ment of such programs; 

19 ‘‘(3) develop an evaluation protocol for such 

20 programs that includes qualitative and quantitative 

21 methodology measuring student outcomes and pro22 gram strengths in the areas of academic enrichment, 

23 socialization, independent living, and competitive or 

24 supported employment; 
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1 ‘‘(4) assist recipients of grants under section 

2 773 in efforts to award a meaningful credential to 

3 students with intellectual disabilities upon the com4 pletion of such programs, which credential takes into 

5 consideration unique State factors; 

6 ‘‘(5) develop model criteria, standards, and pro7 cedures to be used in accrediting such programs 

8 that—

9 ‘‘(A) include, in the development of the 

10 model criteria, standards, and procedures for 

11 such programs, the participation of—

12 ‘‘(i) an expert in higher education; 

13 ‘‘(ii) an expert in special education; 

14 ‘‘(iii) a disability organization that 

15 represents students with intellectual dis16 abilities; and 

17 ‘‘(iv) a State, regional, or national ac18 crediting agency or association recognized 

19 by the Secretary under subpart 2 of part 

20 H of title IV; and 

21 ‘‘(B) define the necessary components of 

22 such programs, such as—

23 ‘‘(i) academic, vocational, social, and 

24 independent living skills; 

25 ‘‘(ii) evaluation of student progress; 
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1 ‘‘(iii) program administration and 

2 evaluation; 

3 ‘‘(iv) student eligibility; and 

4 ‘‘(v) issues regarding the equivalency 

5 of a student’s participation in such pro6 grams to semester, trimester, quarter, 

7 credit, or clock hours at an institution of 

8 higher education, as the case may be; 

9 ‘‘(6) analyze possible funding streams for such 

10 programs and provide recommendations regarding 

11 the funding streams; 

12 ‘‘(7) develop model memoranda of agreement 

13 between institutions of higher education and agen14 cies providing funding for such programs; 

15 ‘‘(8) develop mechanisms for regular commu16 nication between the recipients of grants under sec17 tion 773 regarding such programs; and 

18 ‘‘(9) host a meeting of all recipients of grants 

19 under section 773 not less often than once a year. 

20 ‘‘(c) DEFINITION OF ELIGIBLE ENTITY.—In this sec21 tion, the term ‘eligible entity’ means an entity, or a part22 nership of entities, that has demonstrated expertise in the 

23 fields of higher education, students with intellectual dis24 abilities, the development of comprehensive transition and 
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1 postsecondary programs for students with intellectual dis2 abilities, and evaluation. 

3 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to carry out this section 

5 such sums as may be necessary.’’. 

6 (c) CONFORMING AMENDMENTS.—Part D of title VII 

7 (20 U.S.C. 1140 et seq.) is further amended—

8 (1) in section 761, by striking ‘‘part’’ and in9 serting ‘‘subpart’’; 

10 (2) in section 762 (as amended by subsection 

11 (a)), by striking ‘‘part’’ each place the term appears 

12 and inserting ‘‘subpart’’; 

13 (3) in section 763, by striking ‘‘part’’ both 

14 places the term appears and inserting ‘‘subpart’’; 

15 (4) in section 764, by striking ‘‘part’’ and in16 serting ‘‘subpart’’; and 

17 (5) in section 765, by striking ‘‘part’’ and in18 serting ‘‘subpart’’. 

19 SEC. 715. APPLICATIONS FOR DEMONSTRATION PROJECTS 

20 TO ENSURE STUDENTS WITH DISABILITIES 

21 RECEIVE A QUALITY HIGHER EDUCATION. 

22 Section 763 (as amended in section 714(c)(3)) (20 

23 U.S.C. 1140b) is further amended—

24 (1) by striking paragraph (1) and inserting the 

25 following: 
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1 ‘‘(1) a description of how such institution plans 

2 to address the activities allowed under this sub3 part;’’; 

4 (2) in paragraph (2), by striking ‘‘and’’ after 

5 the semicolon; 

6 (3) in paragraph (3), by striking the period at 

7 the end and inserting ‘‘; and’’; and 

8 (4) by adding at the end the following: 

9 ‘‘(4) a description of the extent to which the in10 stitution will work to replicate the research based 

11 and best practices of institutions of higher education 

12 with demonstrated success in serving students with 

13 disabilities.’’. 

14 SEC. 716. AUTHORIZATION OF APPROPRIATIONS FOR DEM15 ONSTRATION PROJECTS TO ENSURE STU16 DENTS WITH DISABILITIES RECEIVE A QUAL17 ITY HIGHER EDUCATION. 

18 Section 765 (20 U.S.C. 1140d) is amended by strik19 ing ‘‘$10,000,000 for fiscal year 1999’’ and all that fol20 lows through the period and inserting ‘‘such sums as may 

21 be necessary for fiscal year 2008 and each of the 5 suc22 ceeding fiscal years.’’. 

23 SEC. 717. RESEARCH GRANTS. 

24 Title VII (20 U.S.C. 1133 et seq.) is further amended 

25 by adding at the end the following: 
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1 ‘‘PART E—RESEARCH GRANTS 

2 ‘‘SEC. 781. RESEARCH GRANTS. 

3 ‘‘(a) GRANTS AUTHORIZED.—The Secretary is au4 thorized to award grants, on a competitive basis, to eligible 

5 entities to enable the eligible entities to develop or improve 

6 valid and reliable measures of student achievement for use 

7 by institutions of higher education to measure and evalu8 ate learning in higher education. 

9 ‘‘(b) DEFINITIONS.—In this section: 

10 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en11 tity’ means—

12 ‘‘(A) an institution of higher education; 

13 ‘‘(B) a State agency responsible for higher 

14 education; 

15 ‘‘(C) a recognized higher education accred16 iting agency or an organization of higher edu17 cation accreditors; 

18 ‘‘(D) an eligible applicant described in sec19 tion 174(c) of the Education Sciences Reform 

20 Act of 2002; and 

21 ‘‘(E) a consortium of any combination of 

22 entities described in subparagraphs (A) through 

23 (D). 

24 ‘‘(c) APPLICATION.—

25 ‘‘(1) IN GENERAL.—Each eligible entity that 

26 desires a grant under this part shall submit an ap-
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1 plication to the Secretary at such time, in such man2 ner, and accompanied by such information as the 

3 Secretary may require. 

4 ‘‘(2) CONTENTS.—Each application submitted 

5 under subsection (a) shall include a description of 

6 how the eligible entity—

7 ‘‘(A) will work with relevant experts, in8 cluding psychometricians, research experts, in9 stitutions, associations, and other qualified indi10 viduals as determined appropriate by the eligi11 ble entity; 

12 ‘‘(B) will reach a broad and diverse range 

13 of audiences; 

14 ‘‘(C) has participated in work in improving 

15 postsecondary education; 

16 ‘‘(D) has participated in work in devel17 oping or improving assessments to measure stu18 dent achievement; 

19 ‘‘(E) includes faculty, to the extent prac20 ticable, in the development of any assessments 

21 or measures of student achievement; and 

22 ‘‘(F) will focus on program specific meas23 ures of student achievement generally applicable 

24 to an entire—

25 ‘‘(i) institution of higher education; or 
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1 ‘‘(ii) State system of higher education. 

2 ‘‘(d) AWARD BASIS.—In awarding grants under this 

3 section, the Secretary shall take into consideration—

4 ‘‘(1) the quality of an application for a grant 

5 under this section; 

6 ‘‘(2) the distribution of the grants to dif7 ferent—

8 ‘‘(A) geographic regions; 

9 ‘‘(B) types of institutions of higher edu10 cation; and 

11 ‘‘(C) higher education accreditors. 

12 ‘‘(e) USE OF FUNDS.—Each eligible entity receiving 

13 a grant under this section may use the grant funds—

14 ‘‘(1) to enable the eligible entity to improve the 

15 quality, validity, and reliability of existing assess16 ments used by institutions of higher education; 

17 ‘‘(2) to develop measures of student achieve18 ment using multiple measures of student achieve19 ment from multiple sources; 

20 ‘‘(3) to measure improvement in student 

21 achievement over time; 

22 ‘‘(4) to evaluate student achievement; 

23 ‘‘(5) to develop models of effective practices; 

24 and 
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1 ‘‘(6) for a pilot or demonstration project of 

2 measures of student achievement. 

3 ‘‘(f) MATCHING REQUIREMENT.—An eligible entity 

4 described in subparagraph (A), (B), or (C) of subsection 

5 (b)(1) that receives a grant under this section shall pro6 vide for each fiscal year, from non-Federal sources, an 

7 amount (which may be provided in cash or in kind), to 

8 carry out the activities supported by the grant, equal to 

9 50 percent of the amount received for the fiscal year under 

10 the grant. 

11 ‘‘(g) SUPPLEMENT, NOT SUPPLANT.—Grant funds 

12 provided under this section shall be used to supplement, 

13 not supplant, other Federal or State funds. 

14 ‘‘(h) REPORT.—

15 ‘‘(1) REPORT.—The Secretary shall provide an 

16 annual report to Congress on the implementation of 

17 the grant program assisted under this section. 

18 ‘‘(2) CONTENT.—The report shall include—

19 ‘‘(A) information regarding the develop20 ment or improvement of scientifically valid and 

21 reliable measures of student achievement; 

22 ‘‘(B) a description of the assessments or 

23 other measures developed by eligible entities; 

24 ‘‘(C) the results of any pilot or demonstra25 tion projects assisted under this section; and 
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1 ‘‘(D) such other information as the Sec2 retary may require.’’. 

3 TITLE VIII—MISCELLANEOUS 

4 SEC. 801. MISCELLANEOUS. 

5 The Act (20 U.S.C. 1001 et seq.) is amended by add6 ing at the end the following: 

7 ‘‘TITLE VIII—MISCELLANEOUS 

8 ‘‘PART A—MATHEMATICS AND SCIENCE 

9 SCHOLARS PROGRAM 

10 ‘‘SEC. 811. MATHEMATICS AND SCIENCE SCHOLARS PRO11 GRAM. 

12 ‘‘(a) PROGRAM AUTHORIZED.—The Secretary is au13 thorized to award grants to States, on a competitive basis, 

14 to enable the States to award eligible students, who com15 plete a rigorous secondary school curriculum in mathe16 matics and science, scholarships for undergraduate study. 

17 ‘‘(b) ELIGIBLE STUDENTS.—A student is eligible for 

18 a scholarship under this section if the student is a full19 time undergraduate student in the student’s first and sec20 ond year of study who has completed a rigorous secondary 

21 school curriculum in mathematics and science. 

22 ‘‘(c) RIGOROUS CURRICULUM.—Each participating 

23 State shall determine the requirements for a rigorous sec24 ondary school curriculum in mathematics and science de25 scribed in subsection (b). 
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1 ‘‘(d) PRIORITY FOR SCHOLARSHIPS.—The Governor 

2 of a State may set a priority for awarding scholarships 

3 under this section for particular eligible students, such as 

4 students attending schools in high-need areas, students 

5 who are from groups underrepresented in the fields of 

6 mathematics, science, and engineering, students served by 

7 local educational agencies that do not meet or exceed State 

8 standards in mathematics and science, or students with 

9 regional or geographic needs as determined appropriate by 

10 the Governor. 

11 ‘‘(e) AMOUNT AND DURATION OF SCHOLARSHIP.—

12 The Secretary shall award a grant under this section—

13 ‘‘(1) in an amount that does not exceed $1,000; 

14 and 

15 ‘‘(2) for not more than 2 years of under16 graduate study. 

17 ‘‘(f) MATCHING REQUIREMENT.—In order to receive 

18 a grant under this section, a State shall provide matching 

19 funds for the scholarships awarded under this section in 

20 an amount equal to 50 percent of the Federal funds re21 ceived. 

22 ‘‘(g) AUTHORIZATION.—There are authorized to be 

23 appropriated to carry out this section such sums as may 

24 be necessary for fiscal year 2008 and each of the 5 suc25 ceeding fiscal years. 
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1 ‘‘PART B—POSTSECONDARY EDUCATION 

2 ASSESSMENT 

3 ‘‘SEC. 816. POSTSECONDARY EDUCATION ASSESSMENT. 

4 ‘‘(a) CONTRACT FOR ASSESSMENT.—The Secretary 

5 shall enter into a contract, with an independent, bipartisan 

6 organization with specific expertise in public administra7 tion and financial management, to carry out an inde8 pendent assessment of the cost factors associated with the 

9 cost of tuition at institutions of higher education. 

10 ‘‘(b) TIMEFRAME.—The Secretary shall enter into 

11 the contract described in subsection (a) not later than 90 

12 days after the date of enactment of the Higher Education 

13 Amendments of 2007. 

14 ‘‘(c) MATTERS ASSESSED.—The assessment de15 scribed in subsection (a) shall—

16 ‘‘(1) examine the key elements driving the cost 

17 factors associated with the cost of tuition at institu18 tions of higher education during the 2001–2002 aca19 demic year and succeeding academic years; 

20 ‘‘(2) identify and evaluate measures being used 

21 to control postsecondary education costs; 

22 ‘‘(3) identify and evaluate effective measures 

23 that may be utilized to control postsecondary edu24 cation costs in the future; and 
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1 ‘‘(4) identify systemic approaches to monitor 

2 future postsecondary education cost trends and post3 secondary education cost control mechanisms. 

4 ‘‘PART C—JOB SKILL TRAINING IN HIGH-GROWTH 

5 OCCUPATIONS OR INDUSTRIES 

6 ‘‘SEC. 821. JOB SKILL TRAINING IN HIGH-GROWTH OCCUPA7 TIONS OR INDUSTRIES. 

8 ‘‘(a) GRANTS AUTHORIZED.—The Secretary is au9 thorized to award grants, on a competitive basis, to eligible 

10 partnerships to enable the eligible partnerships to provide 

11 relevant job skill training in high-growth industries or oc12 cupations. 

13 ‘‘(b) DEFINITIONS.—In this section: 

14 ‘‘(1) ELIGIBLE PARTNERSHIP.—The term ‘eligi15 ble partnership’ means a partnership—

16 ‘‘(A) between an institution of higher edu17 cation and a local board (as such term is de18 fined in section 101 of the Workforce Invest19 ment Act of 1998); or 

20 ‘‘(B) if an institution of higher education 

21 is located within a State that does not operate 

22 local boards, between the institution of higher 

23 education and a State board (as such term is 

24 defined in section 101 of the Workforce Invest25 ment Act of 1998). 
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1 ‘‘(2) NONTRADITIONAL STUDENT.—The term 

2 ‘nontraditional student’ means a student who—

3 ‘‘(A) is independent, as defined in section 

4 480(d); 

5 ‘‘(B) attends an institution of higher edu6 cation—

7 ‘‘(i) on less than a full-time basis; 

8 ‘‘(ii) via evening, weekend, modular, 

9 or compressed courses; or 

10 ‘‘(iii) via distance education methods; 

11 or 

12 ‘‘(C) has delayed enrollment at an institu13 tion of higher education. 

14 ‘‘(3) INSTITUTION OF HIGHER EDUCATION.—

15 The term ‘institution of higher education’ means an 

16 institution of higher education, as defined in section 

17 101(b), that offers a 1- or 2-year program of study 

18 leading to a degree or certificate. 

19 ‘‘(c) APPLICATION.—

20 ‘‘(1) IN GENERAL.—Each eligible partnership 

21 that desires a grant under this section shall submit 

22 an application to the Secretary at such time, in such 

23 manner, and accompanied by such additional infor24 mation as the Secretary may require. 
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1 ‘‘(2) CONTENTS.—Each application submitted 

2 under paragraph (1) shall include a description of—

3 ‘‘(A) how the eligible partnership, through 

4 the institution of higher education, will provide 

5 relevant job skill training for students to enter 

6 high-growth occupations or industries; 

7 ‘‘(B) local high-growth occupations or in8 dustries; and 

9 ‘‘(C) the need for qualified workers to meet 

10 the local demand of high-growth occupations or 

11 industries. 

12 ‘‘(d) AWARD BASIS.—In awarding grants under this 

13 section, the Secretary shall—

14 ‘‘(1) ensure an equitable distribution of grant 

15 funds under this section among urban and rural 

16 areas of the United States; and 

17 ‘‘(2) take into consideration the capability of 

18 the institution of higher education—

19 ‘‘(A) to offer relevant, high quality instruc20 tion and job skill training for students entering 

21 a high-growth occupation or industry; 

22 ‘‘(B) to involve the local business commu23 nity and to place graduates in the community 

24 in employment in high-growth occupations or 

25 industries; 
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1 ‘‘(C) to provide secondary students with 

2 dual-enrollment or concurrent enrollment op3 tions; 

4 ‘‘(D) to serve nontraditional or low-income 

5 students, or adult or displaced workers; and 

6 ‘‘(E) to serve students from rural or re7 mote communities. 

8 ‘‘(e) USE OF FUNDS.—Grant funds provided under 

9 this section may be used—

10 ‘‘(1) to expand or create academic programs or 

11 programs of training that provide relevant job skill 

12 training for high-growth occupations or industries; 

13 ‘‘(2) to purchase equipment which will facilitate 

14 the development of academic programs or programs 

15 of training that provide training for high-growth oc16 cupations or industries; 

17 ‘‘(3) to support outreach efforts that enable 

18 students to attend institutions of higher education 

19 with academic programs or programs of training fo20 cused on high-growth occupations or industries; 

21 ‘‘(4) to expand or create programs for distance, 

22 evening, weekend, modular, or compressed learning 

23 opportunities that provide relevant job skill training 

24 in high-growth occupations or industries; 
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1 ‘‘(5) to build partnerships with local businesses 

2 in high-growth occupations or industries; 

3 ‘‘(6) to support curriculum development related 

4 to entrepreneurial training; and 

5 ‘‘(7) for other uses that the Secretary deter6 mines to be consistent with the intent of this section. 

7 ‘‘(f) REQUIREMENTS.—

8 ‘‘(1) FISCAL AGENT.—For the purpose of this 

9 section, the institution of higher education in an eli10 gible partnership shall serve as the fiscal agent and 

11 grant recipient for the eligible partnership. 

12 ‘‘(2) DURATION.—The Secretary shall award 

13 grants under this section for periods that may not 

14 exceed 5 years. 

15 ‘‘(3) SUPPLEMENT, NOT SUPPLANT.—Funds 

16 made available under this section shall be used to 

17 supplement and not supplant other Federal, State, 

18 and local funds available to the eligible partnership 

19 for carrying out the activities described in subsection 

20 (e). 

21 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated to carry out this part 

23 such sums as may be necessary for fiscal year 2008 and 

24 each of the 5 succeeding fiscal years. 
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1 ‘‘PART D—ADDITIONAL CAPACITY FOR R.N. STU2 DENTS OR GRADUATE-LEVEL NURSING STU3 DENTS 

4 ‘‘SEC. 826. ADDITIONAL CAPACITY FOR R.N. STUDENTS OR 

5 GRADUATE-LEVEL NURSING STUDENTS. 

6 ‘‘(a) AUTHORIZATION.—The Secretary shall award 

7 grants to institutions of higher education that offer—

8 ‘‘(1) a R.N. nursing program at the bacca9 laureate or associate degree level to enable such pro10 gram to expand the faculty and facilities of such 

11 program to accommodate additional R.N. nursing 

12 program students; or 

13 ‘‘(2) a graduate-level nursing program to ac14 commodate advanced practice degrees for R.N.s or 

15 to accommodate students enrolled in a graduate-level 

16 nursing program to provide teachers of nursing stu17 dents. 

18 ‘‘(b) DETERMINATION OF NUMBER OF STUDENTS

19 AND APPLICATION.—Each institution of higher education 

20 that offers a program described in subsection (a) that de21 sires to receive a grant under this section shall—

22 ‘‘(1) determine for the 4 academic years pre23 ceding the academic year for which the determina24 tion is made the average number of matriculated 

25 nursing program students at such institution for 

26 such academic years; and 
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1 ‘‘(2) submit an application to the Secretary at 

2 such time, in such manner, and accompanied by 

3 such information as the Secretary may require, in4 cluding the average number determined under para5 graph (1). 

6 ‘‘(c) GRANT AMOUNT; AWARD BASIS.—

7 ‘‘(1) GRANT AMOUNT.—For each academic year 

8 after academic year 2006–2007, the Secretary shall 

9 provide to each institution of higher education 

10 awarded a grant under this section an amount that 

11 is equal to $3,000 multiplied by the number of ma12 triculated nursing program students at such institu13 tion for such academic year that is more than the 

14 average number determined with respect to such in15 stitution under subsection (b)(1). Such amount shall 

16 be used for the purposes described in subsection (a). 

17 ‘‘(2) DISTRIBUTION OF GRANTS AMONG DIF18 FERENT DEGREE PROGRAMS.—

19 ‘‘(A) IN GENERAL.—Subject to subpara20 graph (B), from the funds available to award 

21 grants under this section for each fiscal year, 

22 the Secretary shall—

23 ‘‘(i) use 20 percent of such funds to 

24 award grants under this section to institu25 tions of higher education for the purpose 
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1 of accommodating advanced practice de2 grees or students in graduate-level nursing 

3 programs; 

4 ‘‘(ii) use 40 percent of such funds to 

5 award grants under this section to institu6 tions of higher education for the purpose 

7 of expanding R.N. nursing programs at the 

8 baccalaureate degree level; and 

9 ‘‘(iii) use 40 percent of such funds to 

10 award grants under this section to institu11 tions of higher education for the purpose 

12 of expanding R.N. nursing programs at the 

13 associate degree level. 

14 ‘‘(B) DISTRIBUTION OF EXCESS FUNDS.—

15 If, for a fiscal year, funds described in clause 

16 (i), (ii), or (iii) of subparagraph (A) remain 

17 after the Secretary awards grants under this 

18 section to all applicants for the particular cat19 egory of nursing programs described in such 

20 clause, the Secretary shall use equal amounts of 

21 the remaining funds to award grants under this 

22 section to applicants for the remaining cat23 egories of nursing programs. 
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1 ‘‘(C) EQUITABLE DISTRIBUTION.—In 

2 awarding grants under this section, the Sec3 retary shall, to the extent practicable, ensure—

4 ‘‘(i) an equitable geographic distribu5 tion of the grants among the States; and 

6 ‘‘(ii) an equitable distribution of the 

7 grants among different types of institu8 tions of higher education. 

9 ‘‘(d) PROHIBITION.—

10 ‘‘(1) IN GENERAL.—Funds provided under this 

11 section may not be used for the construction of new 

12 facilities. 

13 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

14 paragraph (1) shall be construed to prohibit funds 

15 provided under this section from being used for the 

16 repair or renovation of facilities. 

17 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated to carry out this section 

19 such sums as may be necessary. 

20 ‘‘PART E—AMERICAN HISTORY FOR FREEDOM 

21 ‘‘SEC. 831. AMERICAN HISTORY FOR FREEDOM. 

22 ‘‘(a) GRANTS AUTHORIZED.—The Secretary is au23 thorized to award 3-year grants, on a competitive basis, 

24 to eligible institutions to establish or strengthen postsec-
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1 ondary academic programs or centers that promote and 

2 impart knowledge of—

3 ‘‘(1) traditional American history; 

4 ‘‘(2) the history and nature of, and threats to, 

5 free institutions; or 

6 ‘‘(3) the history and achievements of Western 

7 civilization. 

8 ‘‘(b) DEFINITIONS.—In this section: 

9 ‘‘(1) ELIGIBLE INSTITUTION.—The term ‘eligi10 ble institution’ means an institution of higher edu11 cation as defined in section 101. 

12 ‘‘(2) FREE INSTITUTION.—The term ‘free insti13 tution’ means an institution that emerged out of 

14 Western civilization, such as democracy, constitu15 tional government, individual rights, market econom16 ics, religious freedom and religious tolerance, and 

17 freedom of thought and inquiry. 

18 ‘‘(3) TRADITIONAL AMERICAN HISTORY.—The 

19 term ‘traditional American history’ means—

20 ‘‘(A) the significant constitutional, polit21 ical, intellectual, economic, and foreign policy 

22 trends and issues that have shaped the course 

23 of American history; and 

24 ‘‘(B) the key episodes, turning points, and 

25 leading figures involved in the constitutional, 
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1 political, intellectual, diplomatic, and economic 

2 history of the United States. 

3 ‘‘(c) APPLICATION.—

4 ‘‘(1) IN GENERAL.—Each eligible institution 

5 that desires a grant under this part shall submit an 

6 application to the Secretary at such time, in such 

7 manner, and accompanied by such additional infor8 mation as the Secretary may require. 

9 ‘‘(2) CONTENTS.—Each application submitted 

10 under subsection (a) shall include a description of —

11 ‘‘(A) how funds made available under this 

12 part will be used for the activities set forth 

13 under subsection (e), including how such activi14 ties will increase knowledge with respect to tra15 ditional American history, free institutions, or 

16 Western civilization; 

17 ‘‘(B) how the eligible institution will ensure 

18 that information about the activities funded 

19 under this part is widely disseminated pursuant 

20 to subsection (e)(1)(B); 

21 ‘‘(C) any activities to be undertaken pursu22 ant to subsection (e)(2)(A), including identifica23 tion of entities intended to participate; 

24 ‘‘(D) how funds made available under this 

25 part shall be used to supplement and not sup-
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1 plant non-Federal funds available for the activi2 ties described in subsection (e); and 

3 ‘‘(E) such fiscal controls and accounting 

4 procedures as may be necessary to ensure prop5 er disbursement of and accounting for funding 

6 made available to the eligible institution under 

7 this part. 

8 ‘‘(d) AWARD BASIS.—In awarding grants under this 

9 part, the Secretary shall take into consideration the capa10 bility of the eligible institution to—

11 ‘‘(1) increase access to quality programming 

12 that expands knowledge of traditional American his13 tory, free institutions, or Western civilization; 

14 ‘‘(2) involve personnel with strong expertise in 

15 traditional American history, free institutions, or 

16 Western civilization; and 

17 ‘‘(3) sustain the activities funded under this 

18 part after the grant has expired. 

19 ‘‘(e) USE OF FUNDS.—

20 ‘‘(1) REQUIRED USE OF FUNDS.—Funds pro21 vided under this part shall be used to—

22 ‘‘(A) establish or strengthen academic pro23 grams or centers focused on traditional Amer24 ican history, free institutions, or Western civili25 zation, which may include—
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1 ‘‘(i) design and implementation of 

2 programs of study, courses, lecture series, 

3 seminars, and symposia; 

4 ‘‘(ii) development, publication, and 

5 dissemination of instructional materials; 

6 ‘‘(iii) research; 

7 ‘‘(iv) support for faculty teaching in 

8 undergraduate and, if applicable, graduate 

9 programs; 

10 ‘‘(v) support for graduate and post11 graduate fellowships, if applicable; or 

12 ‘‘(vi) teacher preparation initiatives 

13 that stress content mastery regarding tra14 ditional American history, free institutions, 

15 or Western civilization; and 

16 ‘‘(B) conduct outreach activities to ensure 

17 that information about the activities funded 

18 under this part is widely disseminated—

19 ‘‘(i) to undergraduate students (in20 cluding students enrolled in teacher edu21 cation programs, if applicable); 

22 ‘‘(ii) to graduate students (including 

23 students enrolled in teacher education pro24 grams), if applicable; 

25 ‘‘(iii) to faculty; 
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1 ‘‘(iv) to local educational agencies; 

2 and 

3 ‘‘(v) within the local community. 

4 ‘‘(2) ALLOWABLE USES OF FUNDS.—Funds 

5 provided under this part may be used to support—

6 ‘‘(A) collaboration with entities such as—

7 ‘‘(i) local educational agencies, for the 

8 purpose of providing elementary, middle 

9 and secondary school teachers an oppor10 tunity to enhance their knowledge of tradi11 tional American history, free institutions, 

12 or Western civilization; and 

13 ‘‘(ii) nonprofit organizations whose 

14 mission is consistent with the purpose of 

15 this part, such as academic organizations, 

16 museums, and libraries, for assistance in 

17 carrying out activities described under sub18 section (a); and 

19 ‘‘(B) other activities that meet the pur20 poses of this part. 

21 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—For the 

22 purpose of carrying out this part, there are authorized to 

23 be appropriated such sums as may be necessary for fiscal 

24 year 2008 and each of the 5 succeeding fiscal years. 
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1 ‘‘PART F—TEACH FOR AMERICA 

2 ‘‘SEC. 836. TEACH FOR AMERICA. 

3 ‘‘(a) DEFINITIONS.—

4 ‘‘(1) IN GENERAL.—The terms ‘highly quali5 fied’, ‘local educational agency’, and ‘Secretary’ have 

6 the meanings given the terms in section 9101 of the 

7 Elementary and Secondary Education Act of 1965 

8 (20 U.S.C. 7801). 

9 ‘‘(2) GRANTEE.—The term ‘grantee’ means 

10 Teach For America, Inc. 

11 ‘‘(3) HIGH NEED.—The term ‘high need’, when 

12 used with respect to a local educational agency, 

13 means a local educational agency experiencing a 

14 shortage of highly qualified teachers. 

15 ‘‘(b) GRANTS AUTHORIZED.—The Secretary is au16 thorized to award a grant to Teach For America, Inc., 

17 the national teacher corps of outstanding recent college 

18 graduates who commit to teach for 2 years in underserved 

19 communities in the United States, to implement and ex20 pand its program of recruiting, selecting, training, and 

21 supporting new teachers. 

22 ‘‘(c) REQUIREMENTS.—In carrying out the grant pro23 gram under subsection (b), the Secretary shall enter into 

24 an agreement with the grantee under which the grantee 

25 agrees to use the grant funds provided under this sec26 tion—
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1 ‘‘(1) to provide highly qualified teachers to high 

2 need local educational agencies in urban and rural 

3 communities; 

4 ‘‘(2) to pay the cost of recruiting, selecting, 

5 training, and supporting new teachers; and 

6 ‘‘(3) to serve a substantial number and percent7 age of underserved students. 

8 ‘‘(d) AUTHORIZED ACTIVITIES.—

9 ‘‘(1) IN GENERAL.—Grant funds provided 

10 under this section shall be used by the grantee to 

11 carry out each of the following activities: 

12 ‘‘(A) Recruiting and selecting teachers 

13 through a highly selective national process. 

14 ‘‘(B) Providing preservice training to the 

15 teachers through a rigorous summer institute 

16 that includes hands-on teaching experience and 

17 significant exposure to education coursework 

18 and theory. 

19 ‘‘(C) Placing the teachers in schools and 

20 positions designated by partner local edu21 cational agencies as high need placements serv22 ing underserved students. 

23 ‘‘(D) Providing ongoing professional devel24 opment activities for the teachers’ first 2 years 

25 in the classroom, including regular classroom 
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1 observations and feedback, and ongoing train2 ing and support. 

3 ‘‘(2) LIMITATION.—The grantee shall use all 

4 grant funds received under this section to support 

5 activities related directly to the recruitment, selec6 tion, training, and support of teachers as described 

7 in subsection (a). 

8 ‘‘(e) REPORTS AND EVALUATIONS.—

9 ‘‘(1) ANNUAL REPORT.—The grantee shall pro10 vide to the Secretary an annual report that in11 cludes—

12 ‘‘(A) data on the number and quality of 

13 the teachers provided to local educational agen14 cies through a grant under this section; 

15 ‘‘(B) an externally conducted analysis of 

16 the satisfaction of local educational agencies 

17 and principals with the teachers so provided; 

18 and 

19 ‘‘(C) comprehensive data on the back20 ground of the teachers chosen, the training the 

21 teachers received, the placement sites of the 

22 teachers, the professional development of the 

23 teachers, and the retention of the teachers. 

24 ‘‘(2) STUDY.—
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1 ‘‘(A) IN GENERAL.—From funds appro2 priated under subsection (f), the Secretary shall 

3 provide for a study that examines the achieve4 ment levels of the students taught by the teach5 ers assisted under this section. 

6 ‘‘(B) ACHIEVEMENT GAINS COMPARED.—

7 The study shall compare, within the same 

8 schools, the achievement gains made by stu9 dents taught by teachers who are assisted 

10 under this section with the achievement gains 

11 made by students taught by teachers who are 

12 not assisted under this section. 

13 ‘‘(3) REQUIREMENTS.—The Secretary shall 

14 provide for such a study not less than once every 3 

15 years, and each such study shall include multiple 

16 placement sites and multiple schools within place17 ment sites. 

18 ‘‘(4) PEER REVIEW STANDARDS.—Each such 

19 study shall meet the peer review standards of the 

20 education research community. 

21 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—

22 ‘‘(1) IN GENERAL.—There are authorized to be 

23 appropriated to carry out this section such sums as 

24 may be necessary for fiscal year 2008 and each of 

25 the 5 succeeding fiscal years. 
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1 ‘‘(2) LIMITATION.—The grantee shall not use 

2 more than 25 percent of Federal funds from any 

3 source for administrative costs. 

4 ‘‘PART G—PATSY T. MINK FELLOWSHIP PROGRAM 

5 ‘‘SEC. 841. PATSY T. MINK FELLOWSHIP PROGRAM. 

6 ‘‘(a) PURPOSE.—

7 ‘‘(1) IN GENERAL.—It is the purpose of this 

8 section to provide, through eligible institutions, a 

9 program of fellowship awards to assist highly quali10 fied minorities and women to acquire the doctoral 

11 degree, or highest possible degree available, in aca12 demic areas in which such individuals are underrep13 resented for the purpose of enabling such individuals 

14 to enter the higher education professoriate. 

15 ‘‘(2) DESIGNATION.—Each recipient of a fellow16 ship award from an eligible institution receiving a 

17 grant under this section shall be known as a ‘Patsy 

18 T. Mink Graduate Fellow’. 

19 ‘‘(b) DEFINITIONS.—In this section, the term ‘eligible 

20 institution’ means an institution of higher education, or 

21 a consortium of such institutions, that offers a program 

22 of postbaccalaureate study leading to a graduate degree. 

23 ‘‘(c) PROGRAM AUTHORIZED.—

24 ‘‘(1) GRANTS BY SECRETARY.—
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1 ‘‘(A) IN GENERAL.—The Secretary shall 

2 award grants to eligible institutions to enable 

3 such institutions to make fellowship awards to 

4 individuals in accordance with the provisions of 

5 this section. 

6 ‘‘(B) PRIORITY CONSIDERATION.—In 

7 awarding grants under this section, the Sec8 retary shall consider the eligible institution’s 

9 prior experience in producing doctoral degree, 

10 or highest possible degree available, holders who 

11 are minorities and women, and shall give pri12 ority consideration in making grants under this 

13 section to those eligible institutions with a dem14 onstrated record of producing minorities and 

15 women who have earned such degrees. 

16 ‘‘(2) APPLICATIONS.—

17 ‘‘(A) IN GENERAL.—An eligible institution 

18 that desires a grant under this section shall 

19 submit an application to the Secretary at such 

20 time, in such manner, and containing such in21 formation as the Secretary may require. 

22 ‘‘(B) APPLICATIONS MADE ON BEHALF.—

23 ‘‘(i) IN GENERAL.—The following en24 tities may submit an application on behalf 

25 of an eligible institution: 
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1 ‘‘(I) A graduate school or depart2 ment of such institution. 

3 ‘‘(II) A graduate school or de4 partment of such institution in col5 laboration with an undergraduate col6 lege or university of such institution. 

7 ‘‘(III) An organizational unit 

8 within such institution that offers a 

9 program of postbaccalaureate study 

10 leading to a graduate degree, includ11 ing an interdisciplinary or an inter12 departmental program. 

13 ‘‘(IV) A nonprofit organization 

14 with a demonstrated record of helping 

15 minorities and women earn 

16 postbaccalaureate degrees. 

17 ‘‘(ii) NONPROFIT ORGANIZATIONS.—

18 Nothing in this paragraph shall be con19 strued to permit the Secretary to award a 

20 grant under this section to an entity other 

21 than an eligible institution. 

22 ‘‘(3) SELECTION OF APPLICATIONS.—In award23 ing grants under subsection (a), the Secretary 

24 shall—

25 ‘‘(A) take into account—
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1 ‘‘(i) the number and distribution of 

2 minority and female faculty nationally; 

3 ‘‘(ii) the current and projected need 

4 for highly trained individuals in all areas 

5 of the higher education professoriate; and 

6 ‘‘(iii) the present and projected need 

7 for highly trained individuals in academic 

8 career fields in which minorities and 

9 women are underrepresented in the higher 

10 education professoriate; and 

11 ‘‘(B) consider the need to prepare a large 

12 number of minorities and women generally in 

13 academic career fields of high national priority, 

14 especially in areas in which such individuals are 

15 traditionally underrepresented in college and 

16 university faculty. 

17 ‘‘(4) DISTRIBUTION AND AMOUNTS OF

18 GRANTS.—

19 ‘‘(A) EQUITABLE DISTRIBUTION.—In 

20 awarding grants under this section, the Sec21 retary shall, to the maximum extent feasible, 

22 ensure an equitable geographic distribution of 

23 awards and an equitable distribution among 

24 public and independent eligible institutions that 

25 apply for grants under this section and that 
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1 demonstrate an ability to achieve the purpose of 

2 this section. 

3 ‘‘(B) SPECIAL RULE.—To the maximum 

4 extent practicable, the Secretary shall use not 

5 less than 30 percent of the amount appro6 priated pursuant to subsection (f) to award 

7 grants to eligible institutions that—

8 ‘‘(i) are eligible for assistance under 

9 title III or title V; or 

10 ‘‘(ii) have formed a consortium that 

11 includes both non-minority serving institu12 tions and minority serving institutions. 

13 ‘‘(C) ALLOCATION.—In awarding grants 

14 under this section, the Secretary shall allocate 

15 appropriate funds to those eligible institutions 

16 whose applications indicate an ability to signifi17 cantly increase the numbers of minorities and 

18 women entering the higher education professo19 riate and that commit institutional resources to 

20 the attainment of the purpose of this section. 

21 ‘‘(D) NUMBER OF FELLOWSHIP

22 AWARDS.—An eligible institution that receives a 

23 grant under this section shall make not less 

24 than 15 fellowship awards. 
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1 ‘‘(E) REALLOTMENT.—If the Secretary de2 termines that an eligible institution awarded a 

3 grant under this section is unable to use all of 

4 the grant funds awarded to the institution, the 

5 Secretary shall reallot, on such date during 

6 each fiscal year as the Secretary may fix, the 

7 unused funds to other eligible institutions that 

8 demonstrate that such institutions can use any 

9 reallocated grant funds to make fellowship 

10 awards to individuals under this section. 

11 ‘‘(5) INSTITUTIONAL ALLOWANCE.—

12 ‘‘(A) IN GENERAL.—

13 ‘‘(i) NUMBER OF ALLOWANCES.—In 

14 awarding grants under this section, the 

15 Secretary shall pay to each eligible institu16 tion awarded a grant, for each individual 

17 awarded a fellowship by such institution 

18 under this section, an institutional allow19 ance. 

20 ‘‘(ii) AMOUNT.—Except as provided in 

21 paragraph (3), an institutional allowance 

22 shall be in an amount equal to, for aca23 demic year 2007–2008 and succeeding aca24 demic years, the amount of institutional al25 lowance made to an institution of higher 
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1 education under section 715 for such aca2 demic year. 

3 ‘‘(B) USE OF FUNDS.—Institutional allow4 ances may be expended in the discretion of the 

5 eligible institution and may be used to provide, 

6 except as prohibited under paragraph (4), aca7 demic support and career transition services for 

8 individuals awarded fellowships by such institu9 tion. 

10 ‘‘(C) REDUCTION.—The institutional al11 lowance paid under paragraph (1) shall be re12 duced by the amount the eligible institution 

13 charges and collects from a fellowship recipient 

14 for tuition and other expenses as part of the re15 cipient’s instructional program. 

16 ‘‘(D) USE FOR OVERHEAD PROHIBITED.—

17 Funds made available under this section may 

18 not be used for general operational overhead of 

19 the academic department or institution receiv20 ing funds under this section. 

21 ‘‘(d) FELLOWSHIP RECIPIENTS.—

22 ‘‘(1) AUTHORIZATION.—An eligible institution 

23 that receives a grant under this section shall use the 

24 grant funds to make fellowship awards to minorities 

25 and women who are enrolled at such institution in 
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1 a doctoral degree, or highest possible degree avail2 able, program and—

3 ‘‘(A) intend to pursue a career in instruc4 tion at—

5 ‘‘(i) an institution of higher education 

6 (as the term is defined in section 101); 

7 ‘‘(ii) an institution of higher education 

8 (as the term is defined in section 

9 102(a)(1)); 

10 ‘‘(iii) an institution of higher edu11 cation outside the United States (as the 

12 term is described in section 102(a)(2)); or 

13 ‘‘(iv) a proprietary institution of high14 er education (as the term is defined in sec15 tion 102(b)); and 

16 ‘‘(B) sign an agreement with the Secretary 

17 agreeing—

18 ‘‘(i) to begin employment at an insti19 tution described in paragraph (1) not later 

20 than 3 years after receiving the doctoral 

21 degree or highest possible degree available, 

22 which 3-year period may be extended by 

23 the Secretary for extraordinary cir24 cumstances; and 
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1 ‘‘(ii) to be employed by such institu2 tion for 1 year for each year of fellowship 

3 assistance received under this section. 

4 ‘‘(2) FAILURE TO COMPLY.—If an individual 

5 who receives a fellowship award under this section 

6 fails to comply with the agreement signed pursuant 

7 to subsection (a)(2), then the Secretary shall do 1 

8 or both of the following: 

9 ‘‘(A) Require the individual to repay all or 

10 the applicable portion of the total fellowship 

11 amount awarded to the individual by converting 

12 the balance due to a loan at the interest rate 

13 applicable to loans made under part B of title 

14 IV. 

15 ‘‘(B) Impose a fine or penalty in an 

16 amount to be determined by the Secretary. 

17 ‘‘(3) WAIVER AND MODIFICATION.—

18 ‘‘(A) REGULATIONS.—The Secretary shall 

19 promulgate regulations setting forth criteria to 

20 be considered in granting a waiver for the serv21 ice requirement under subsection (a)(2). 

22 ‘‘(B) CONTENT.—The criteria under para23 graph (1) shall include whether compliance with 

24 the service requirement by the fellowship recipi25 ent would be—
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1 ‘‘(i) inequitable and represent an ex2 traordinary hardship; or 

3 ‘‘(ii) deemed impossible because the 

4 individual is permanently and totally dis5 abled at the time of the waiver request. 

6 ‘‘(4) AMOUNT OF FELLOWSHIP AWARDS.—Fel7 lowship awards under this section shall consist of a 

8 stipend in an amount equal to the level of support 

9 provided to the National Science Foundation grad10 uate fellows, except that such stipend shall be ad11 justed as necessary so as not to exceed the fellow’s 

12 tuition and fees or demonstrated need (as deter13 mined by the institution of higher education where 

14 the graduate student is enrolled), whichever is great15 er. 

16 ‘‘(5) ACADEMIC PROGRESS REQUIRED.—An in17 dividual student shall not be eligible to receive a fel18 lowship award—

19 ‘‘(A) except during periods in which such 

20 student is enrolled, and such student is main21 taining satisfactory academic progress in, and 

22 devoting essentially full time to, study or re23 search in the pursuit of the degree for which 

24 the fellowship support was awarded; and 
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1 ‘‘(B) if the student is engaged in gainful 

2 employment, other than part-time employment 

3 in teaching, research, or similar activity deter4 mined by the eligible institution to be consistent 

5 with and supportive of the student’s progress 

6 toward the appropriate degree. 

7 ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec8 tion shall be construed to require an eligible institution 

9 that receives a grant under this section—

10 ‘‘(1) to grant a preference or to differentially 

11 treat any applicant for a faculty position as a result 

12 of the institution’s participation in the program 

13 under this section; or 

14 ‘‘(2) to hire a Patsy T. Mink Fellow who com15 pletes this program and seeks employment at such 

16 institution. 

17 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

18 is authorized to be appropriated to carry out this section 

19 such sums as may be necessary for fiscal year 2008 for 

20 each of the 5 succeeding fiscal years. 
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1 ‘‘PART H—IMPROVING COLLEGE ENROLLMENT 

2 BY SECONDARY SCHOOLS 

3 ‘‘SEC. 846. IMPROVING COLLEGE ENROLLMENT BY SEC4 ONDARY SCHOOLS. 

5 ‘‘(a) IN GENERAL.—The Secretary shall contract 

6 with 1 nonprofit organization described in subsection (b) 

7 to enable the nonprofit organization—

8 ‘‘(1) to make publicly available the year-to-year 

9 higher education enrollment rate trends of secondary 

10 school students, disaggregated by secondary school, 

11 in full compliance with the Family Education Rights 

12 and Privacy Act of 1974; 

13 ‘‘(2) to identify not less than 50 urban local 

14 educational agencies and 5 States with significant 

15 rural populations, each serving a significant popu16 lation of low-income students, and to carry out a 

17 comprehensive needs assessment in the agencies and 

18 States of the factors known to contribute to im19 proved higher education enrollment rates, which fac20 tors shall include—

21 ‘‘(A) an evaluation of the local educational 

22 agency’s and State’s leadership strategies; 

23 ‘‘(B) the secondary school curriculum and 

24 class offerings of the local educational agency 

25 and State; 
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1 ‘‘(C) the professional development used by 

2 the local educational agency and the State to 

3 assist teachers, higher education counselors, 

4 and administrators in supporting the transition 

5 of secondary students into higher education; 

6 ‘‘(D) secondary school student attendance 

7 and other factors demonstrated to be associated 

8 with enrollment into higher education; 

9 ‘‘(E) the data systems used by the local 

10 educational agency and the State to measure 

11 college enrollment rates and the incentives in 

12 place to motivate the efforts of faculty and stu13 dents to improve student and school-wide out14 comes; and 

15 ‘‘(F) strategies to mobilize student leaders 

16 to build a college-bound culture; and 

17 ‘‘(3) to provide comprehensive services to im18 prove the school-wide higher education enrollment 

19 rates of each of not less than 10 local educational 

20 agencies and States, with the federally funded por21 tion of each project declining by not less than 20 

22 percent each year beginning in the second year of 

23 the comprehensive services, that—

24 ‘‘(A) participated in the needs assessment 

25 described in paragraph (2); and 
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1 ‘‘(B) demonstrated a willingness and com2 mitment to improving the higher education en3 rollment rates of the local educational agency or 

4 State, respectively. 

5 ‘‘(b) GRANT RECIPIENT CRITERIA.—The recipient of 

6 the grant awarded under subsection (a) shall be a non7 profit organization with demonstrated expertise—

8 ‘‘(1) in increasing school-wide higher education 

9 enrollment rates in low-income communities nation10 wide by providing curriculum, training, and technical 

11 assistance to secondary school staff and student peer 

12 influencers; and 

13 ‘‘(2) in a college transition data management 

14 system. 

15 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated to carry out this section 

17 such sums as are necessary for fiscal year 2008 and each 

18 of the 5 succeeding fiscal years. 

19 ‘‘PART I—PREDOMINANTLY BLACK INSTITUTIONS 

20 ‘‘SEC. 850. PREDOMINANTLY BLACK INSTITUTIONS. 

21 ‘‘(a) PURPOSE.—It is the purpose of this section to 

22 assist Predominantly Black Institutions in expanding edu23 cational opportunity through a program of Federal assist24 ance. 

25 ‘‘(b) DEFINITIONS.—In this section: 
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1 ‘‘(1) EDUCATIONAL AND GENERAL EXPENDI2 TURES.—The term ‘educational and general expendi3 tures’ has the meaning given the term in section 

4 312. 

5 ‘‘(2) ELIGIBLE INSTITUTION.—The term ‘eligi6 ble institution’ means an institution of higher edu7 cation that—

8 ‘‘(A) has an enrollment of needy under9 graduate students; 

10 ‘‘(B) has an average educational and gen11 eral expenditure which is low, per full-time 

12 equivalent undergraduate student in comparison 

13 with the average educational and general ex14 penditure per full-time equivalent under15 graduate student of institutions that offer simi16 lar instruction, except that the Secretary may 

17 apply the waiver requirements described in sec18 tion 392(b) to this subparagraph in the same 

19 manner as the Secretary applies the waiver re20 quirements to section 312(b)(1)(B); 

21 ‘‘(C) has an enrollment of undergraduate 

22 students that is not less than 40 percent Black 

23 American students; 

24 ‘‘(D) is legally authorized to provide, and 

25 provides within the State, an educational pro-
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1 gram for which the institution of higher edu2 cation awards a baccalaureate degree, or in the 

3 case of a junior or community college, an asso4 ciate’s degree; and 

5 ‘‘(E) is accredited by a nationally recog6 nized accrediting agency or association deter7 mined by the Secretary to be a reliable author8 ity as to the quality of training offered, or is, 

9 according to such an agency or association, 

10 making reasonable progress toward accredita11 tion. 

12 ‘‘(3) ENDOWMENT FUND.—The term ‘endow13 ment fund’ has the meaning given the term in sec14 tion 312. 

15 ‘‘(4) ENROLLMENT OF NEEDY STUDENTS.—

16 The term ‘enrollment of needy students’ means the 

17 enrollment at an eligible institution with respect to 

18 which not less than 50 percent of the undergraduate 

19 students enrolled in an academic program leading to 

20 a degree—

21 ‘‘(A) in the second fiscal year preceding 

22 the fiscal year for which the determination is 

23 made, were Federal Pell Grant recipients for 

24 such year; 
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1 ‘‘(B) come from families that receive bene2 fits under a means-tested Federal benefit pro3 gram; 

4 ‘‘(C) attended a public or nonprofit private 

5 secondary school—

6 ‘‘(i) that is in the school district of a 

7 local educational agency that was eligible 

8 for assistance under part A of title I of the 

9 Elementary and Secondary Education Act 

10 of 1965 for any year during which the stu11 dent attended such secondary school; and 

12 ‘‘(ii) which for the purpose of this 

13 paragraph and for that year was deter14 mined by the Secretary (pursuant to regu15 lations and after consultation with the 

16 State educational agency of the State in 

17 which the school is located) to be a school 

18 in which the enrollment of children counted 

19 under section 1113(a)(5) of such Act ex20 ceeds 30 percent of the total enrollment of 

21 such school; or 

22 ‘‘(D) are first-generation college students 

23 and a majority of such first-generation college 

24 students are low-income individuals. 
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1 ‘‘(5) FIRST GENERATION COLLEGE STUDENT.—

2 The term ‘first generation college student’ has the 

3 meaning given the term in section 402A(g). 

4 ‘‘(6) LOW-INCOME INDIVIDUAL.—The term 

5 ‘low-income individual’ has the meaning given such 

6 term in section 402A(g). 

7 ‘‘(7) MEANS-TESTED FEDERAL BENEFIT PRO8 GRAM.—The term ‘means-tested Federal benefit pro9 gram’ means a program of the Federal Government, 

10 other than a program under title IV, in which eligi11 bility for the program’s benefits, or the amount of 

12 such benefits, are determined on the basis of income 

13 or resources of the individual or family seeking the 

14 benefit. 

15 ‘‘(8) PREDOMINANTLY BLACK INSTITUTION.—

16 The term ‘Predominantly Black Institution’ means 

17 an institution of higher education, as defined in sec18 tion 101(a)—

19 ‘‘(A) that is an eligible institution with not 

20 less than 1,000 undergraduate students; 

21 ‘‘(B) at which not less than 50 percent of 

22 the undergraduate students enrolled at the eli23 gible institution are low-income individuals or 

24 first generation college students; and 
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1 ‘‘(C) at which not less than 50 percent of 

2 the undergraduate students are enrolled in an 

3 educational program leading to a bachelor’s or 

4 associate’s degree that the eligible institution is 

5 licensed to award by the State in which the eli6 gible institution is located. 

7 ‘‘(9) STATE.—The term ‘State’ means each of 

8 the 50 States and the District of Columbia. 

9 ‘‘(c) GRANT AUTHORITY.—

10 ‘‘(1) IN GENERAL.—The Secretary is authorized 

11 to award grants, from allotments under subsection 

12 (e), to Predominantly Black Institutions to enable 

13 the Predominantly Black Institutions to carry out 

14 the authorized activities described in subsection (d). 

15 ‘‘(2) PRIORITY.—In awarding grants under this 

16 section the Secretary shall give priority to Predomi17 nantly Black Institutions with large numbers or per18 centages of students described in subsections 

19 (b)(2)(A) or (b)(2)(C). The level of priority given to 

20 Predominantly Black Institutions with large num21 bers or percentages of students described in sub22 section (b)(2)(A) shall be twice the level of priority 

23 given to Predominantly Black Institutions with large 

24 numbers or percentages of students described in 

25 subsection (b)(2)(C). 
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1 ‘‘(d) AUTHORIZED ACTIVITIES.—

2 ‘‘(1) REQUIRED ACTIVITIES.—Grant funds pro3 vided under this section shall be used—

4 ‘‘(A) to assist the Predominantly Black In5 stitution to plan, develop, undertake, and imple6 ment programs to enhance the institution’s ca7 pacity to serve more low- and middle-income 

8 Black American students; 

9 ‘‘(B) to expand higher education opportu10 nities for students eligible to participate in pro11 grams under title IV by encouraging college 

12 preparation and student persistence in sec13 ondary school and postsecondary education; and 

14 ‘‘(C) to strengthen the financial ability of 

15 the Predominantly Black Institution to serve 

16 the academic needs of the students described in 

17 subparagraphs (A) and (B). 

18 ‘‘(2) ADDITIONAL ACTIVITIES.—Grant funds 

19 provided under this section shall be used for 1 or 

20 more of the following activities: 

21 ‘‘(A) The activities described in paragraphs 

22 (1) through (11) of section 311(c). 

23 ‘‘(B) Academic instruction in disciplines in 

24 which Black Americans are underrepresented. 
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1 ‘‘(C) Establishing or enhancing a program 

2 of teacher education designed to qualify stu3 dents to teach in a public elementary school or 

4 secondary school in the State that shall include, 

5 as part of such program, preparation for teach6 er certification or licensure. 

7 ‘‘(D) Establishing community outreach 

8 programs that will encourage elementary school 

9 and secondary school students to develop the 

10 academic skills and the interest to pursue post11 secondary education. 

12 ‘‘(E) Other activities proposed in the appli13 cation submitted pursuant to subsection (f) 

14 that—

15 ‘‘(i) contribute to carrying out the 

16 purpose of this section; and 

17 ‘‘(ii) are approved by the Secretary as 

18 part of the review and approval of an ap19 plication submitted under subsection (f). 

20 ‘‘(3) ENDOWMENT FUND.—

21 ‘‘(A) IN GENERAL.—A Predominantly 

22 Black Institution may use not more than 20 

23 percent of the grant funds provided under this 

24 section to establish or increase an endowment 

25 fund at the institution. 
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1 ‘‘(B) MATCHING REQUIREMENT.—In order 

2 to be eligible to use grant funds in accordance 

3 with subparagraph (A), a Predominantly Black 

4 Institution shall provide matching funds from 

5 non-Federal sources, in an amount equal to or 

6 greater than the Federal funds used in accord7 ance with subparagraph (A), for the establish8 ment or increase of the endowment fund. 

9 ‘‘(C) COMPARABILITY.—The provisions of 

10 part C of title III, regarding the establishment 

11 or increase of an endowment fund, that the 

12 Secretary determines are not inconsistent with 

13 this subsection, shall apply to funds used under 

14 subparagraph (A). 

15 ‘‘(4) LIMITATION.—Not more than 50 percent 

16 of the grant funds provided to a Predominantly 

17 Black Institution under this section may be available 

18 for the purpose of constructing or maintaining a 

19 classroom, library, laboratory, or other instructional 

20 facility. 

21 ‘‘(e) ALLOTMENTS TO PREDOMINANTLY BLACK IN22 STITUTIONS.—

23 ‘‘(1) FEDERAL PELL GRANT BASIS.—From the 

24 amounts appropriated to carry out this section for 

25 any fiscal year, the Secretary shall allot to each Pre-
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1 dominantly Black Institution having an application 

2 approved under subsection (f) a sum that bears the 

3 same ratio to one-half of that amount as the number 

4 of Federal Pell Grant recipients in attendance at 

5 such institution at the end of the academic year pre6 ceding the beginning of that fiscal year, bears to the 

7 total number of Federal Pell Grant recipients at all 

8 such institutions at the end of such academic year. 

9 ‘‘(2) GRADUATES BASIS.—From the amounts 

10 appropriated to carry out this section for any fiscal 

11 year, the Secretary shall allot to each Predominantly 

12 Black Institution having an application approved 

13 under subsection (f) a sum that bears the same ratio 

14 to one-fourth of that amount as the number of grad15 uates for such academic year at such institution, 

16 bears to the total number of graduates for such aca17 demic year at all such institutions. 

18 ‘‘(3) GRADUATES SEEKING A HIGHER DEGREE

19 BASIS.—From the amounts appropriated to carry 

20 out this section for any fiscal year, the Secretary 

21 shall allot to each Predominantly Black Institution 

22 having an application approved under subsection (f) 

23 a sum that bears the same ratio to one-fourth of 

24 that amount as the percentage of graduates from 

25 such institution who are admitted to and in attend-
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1 ance at, not later than 2 years after graduation with 

2 an associate’s degree or a baccalaureate degree, a 

3 baccalaureate degree-granting institution or a grad4 uate or professional school in a degree program in 

5 disciplines in which Black American students are 

6 underrepresented, bears to the percentage of such 

7 graduates for all such institutions. 

8 ‘‘(4) MINIMUM ALLOTMENT.—

9 ‘‘(A) IN GENERAL.—Notwithstanding 

10 paragraphs (1), (2), and (3), the amount allot11 ted to each Predominantly Black Institution 

12 under this section shall not be less than 

13 $250,000. 

14 ‘‘(B) INSUFFICIENT AMOUNT.—If the 

15 amount appropriated pursuant to subsection (i) 

16 for a fiscal year is not sufficient to pay the min17 imum allotment provided under subparagraph 

18 (A) for the fiscal year, then the amount of such 

19 minimum allotment shall be ratably reduced. If 

20 additional sums become available for such fiscal 

21 year, such reduced allotment shall be increased 

22 on the same basis as the allotment was reduced 

23 until the amount allotted equals the minimum 

24 allotment required under subparagraph (A). 
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1 ‘‘(5) REALLOTMENT.—The amount of a Pre2 dominantly Black Institution’s allotment under para3 graph (1), (2), (3), or (4) for any fiscal year that 

4 the Secretary determines will not be required for 

5 such institution for the period such allotment is 

6 available, shall be available for reallotment to other 

7 Predominantly Black Institutions in proportion to 

8 the original allotment to such other institutions 

9 under this section for such fiscal year. The Secretary 

10 shall reallot such amounts from time to time, on 

11 such date and during such period as the Secretary 

12 determines appropriate. 

13 ‘‘(f) APPLICATIONS.—Each Predominantly Black In14 stitution desiring a grant under this section shall submit 

15 an application to the Secretary at such time, in such man16 ner, and containing or accompanied by such information 

17 as the Secretary may reasonably require. 

18 ‘‘(g) PROHIBITION.—No Predominantly Black Insti19 tution that applies for and receives a grant under this sec20 tion may apply for or receive funds under any other pro21 gram under part A or part B of title III. 

22 ‘‘(h) DURATION AND CARRYOVER.—Any grant funds 

23 paid to a Predominantly Black Institution under this sec24 tion that are not expended or used for the purposes for 

25 which the funds were paid within 10 years following the 
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1 date on which the grant was awarded, shall be repaid to 

2 the Treasury. 

3 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to carry out this section 

5 such sums as may be necessary for fiscal year 2008 and 

6 each of 5 succeeding fiscal years. 

7 ‘‘PART J—EARLY CHILDHOOD EDUCATION PRO8 FESSIONAL DEVELOPMENT AND CAREER 

9 TASK FORCE 

10 ‘‘SEC. 851. SHORT TITLE. 

11 ‘‘This part may be cited as the ‘Early Childhood Edu12 cation Professional Development and Career Task Force 

13 Act’. 

14 ‘‘SEC. 852. PURPOSE. 

15 ‘‘It is the purpose of this part—

16 ‘‘(1) to improve the quality of the early child17 hood education workforce by creating a statewide 

18 early childhood education professional development 

19 and career task force for early childhood education 

20 program staff, directors, and administrators; and 

21 ‘‘(2) to create—

22 ‘‘(A) a coherent system of core com23 petencies, pathways to qualifications, creden24 tials, degrees, quality assurances, access, and 

25 outreach, for early childhood education program 
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1 staff, directors, and administrators, that is 

2 linked to compensation commensurate with ex3 perience and qualifications; 

4 ‘‘(B) articulation agreements that enable 

5 early childhood education professionals to tran6 sition easily among degrees; and 

7 ‘‘(C) compensation initiatives for individ8 uals working in an early childhood education 

9 program that reflect the individuals’ credentials, 

10 degrees, and experience. 

11 ‘‘SEC. 853. DEFINITION OF EARLY CHILDHOOD EDUCATION 

12 PROGRAM. 

13 ‘‘In this part, the term ‘early childhood education 

14 program’ means—

15 ‘‘(1) a family child care program, center-based 

16 child care program, State prekindergarten program, 

17 or school-based program, that—

18 ‘‘(A) provides early childhood education; 

19 ‘‘(B) uses developmentally appropriate 

20 practices; 

21 ‘‘(C) is licensed or regulated by the State; 

22 and 

23 ‘‘(D) serves children from birth through 

24 age 5; 
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1 ‘‘(2) a Head Start Program carried out under 

2 the Head Start Act; or 

3 ‘‘(3) an Early Head Start Program carried out 

4 under section 645A of the Head Start Act. 

5 ‘‘SEC. 854. GRANTS AUTHORIZED. 

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

7 award grants to States in accordance with the provisions 

8 of this part to enable such States—

9 ‘‘(1) to establish a State Task Force described 

10 in section 855; and 

11 ‘‘(2) to support activities of the State Task 

12 Force described in section 856. 

13 ‘‘(b) COMPETITIVE BASIS.—Grants under this part 

14 shall be awarded on a competitive basis. 

15 ‘‘(c) EQUITABLE GEOGRAPHIC DISTRIBUTION.—In 

16 awarding grants under this part, the Secretary shall take 

17 into consideration providing an equitable geographic dis18 tribution of such grants. 

19 ‘‘(d) DURATION.—Grants under this part shall be 

20 awarded for a period of 5 years. 

21 ‘‘SEC. 855. STATE TASK FORCE ESTABLISHMENT. 

22 ‘‘(a) STATE TASK FORCE ESTABLISHED.—The Gov23 ernor of a State receiving a grant under this part shall 

24 establish, or designate an existing entity to serve as, the 

25 State Early Childhood Education Professional Develop-
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1 ment and Career Task Force (hereafter in this part re2 ferred to as the ‘State Task Force’). 

3 ‘‘(b) MEMBERSHIP.—The State Task Force shall in4 clude a representative of a State agency, an institution 

5 of higher education (including an associate or a bacca6 laureate degree granting institution of higher education), 

7 an early childhood education program, a nonprofit early 

8 childhood organization, a statewide early childhood work9 force scholarship or supplemental initiative, and any other 

10 entity or individual the Governor determines appropriate. 

11 ‘‘SEC. 856. STATE TASK FORCE ACTIVITIES. 

12 ‘‘(a) ACTIVITIES.—The State Task Force shall—

13 ‘‘(1) coordinate and communicate regularly with 

14 the State Advisory Council on Early Care and Edu15 cation (hereafter in this part referred to as ‘State 

16 Advisory Council’) or a similar State entity charged 

17 with creating a comprehensive system of early care 

18 and education in the State, for the purposes of—

19 ‘‘(A) integrating recommendations for 

20 early childhood professional development and 

21 career activities into the plans of the State Ad22 visory Council; and 

23 ‘‘(B) assisting in the implementation of 

24 professional development and career activities 
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1 that are consistent with the plans described in 

2 subparagraph (A); 

3 ‘‘(2) conduct a review of opportunities for and 

4 barriers to high quality professional development, 

5 training, and higher education degree programs, in 

6 early childhood development and learning, including 

7 a periodic statewide survey concerning the demo8 graphics of individuals working in early childhood 

9 education programs in the State, which survey shall 

10 include information disaggregated by—

11 ‘‘(A) race, gender, and ethnicity; 

12 ‘‘(B) compensation levels; 

13 ‘‘(C) type of early childhood education pro14 gram setting; 

15 ‘‘(D) specialized knowledge of child devel16 opment; 

17 ‘‘(E) years of experience in an early child18 hood education program; and 

19 ‘‘(F) attainment of—

20 ‘‘(i) academic credit for coursework; 

21 ‘‘(ii) an academic degree; 

22 ‘‘(iii) a credential; 

23 ‘‘(iv) licensure; or 

24 ‘‘(v) certification in early childhood 

25 education; and 
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1 ‘‘(3) develop a plan for a comprehensive state2 wide professional development and career system for 

3 individuals working in early childhood education pro4 grams or for early childhood education providers, 

5 which plan shall include—

6 ‘‘(A) methods of providing outreach to 

7 early childhood education program staff, direc8 tors, and administrators, including methods for 

9 how outreach is provided to non-English speak10 ing providers, in order to enable the providers 

11 to be aware of opportunities and resources 

12 under the statewide plan; 

13 ‘‘(B) developing a unified data collection 

14 and dissemination system for early childhood 

15 education training, professional development, 

16 and higher education programs; 

17 ‘‘(C) increasing the participation of early 

18 childhood educators in high quality training and 

19 professional development by assisting in paying 

20 the costs of enrollment in and completion of 

21 such training and professional development 

22 courses; 

23 ‘‘(D) increasing the participation of early 

24 childhood educators in postsecondary education 

25 programs leading to degrees in early childhood 
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1 education by providing assistance to pay the 

2 costs of enrollment in and completion of such 

3 postsecondary education programs, which as4 sistance—

5 ‘‘(i) shall only be provided to an indi6 vidual who—

7 ‘‘(I) enters into an agreement 

8 under which the individual agrees to 

9 work, for a reasonable number of 

10 years after receiving such a degree, in 

11 an early childhood education program 

12 that is located in a low-income area; 

13 and 

14 ‘‘(II) has a family income equal 

15 to or less than the annually adjusted 

16 national median family income as de17 termined by the Bureau of the Cen18 sus; and 

19 ‘‘(ii) shall be provided in an amount 

20 that does not exceed $17,500; 

21 ‘‘(E) supporting professional development 

22 activities and a career lattice for a variety of 

23 early childhood professional roles with varying 

24 professional qualifications and responsibilities 

25 for early childhood education personnel, includ-
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1 ing strategies to enhance the compensation of 

2 such personnel; 

3 ‘‘(F) supporting articulation agreements 

4 between 2- and 4-year public and private insti5 tutions of higher education and mechanisms to 

6 transform other training, professional develop7 ment, and experience into academic credit; 

8 ‘‘(G) developing mentoring and coaching 

9 programs to support new educators in and di10 rectors of early childhood education programs; 

11 ‘‘(H) providing career development advis12 ing with respect to the field of early childhood 

13 education, including informing an individual re14 garding—

15 ‘‘(i) entry into and continuing edu16 cation requirements for professional roles 

17 in the field; 

18 ‘‘(ii) available financial assistance; 

19 and 

20 ‘‘(iii) professional development and ca21 reer advancement in the field; 

22 ‘‘(I) enhancing the quality of faculty and 

23 coursework in postsecondary programs that lead 

24 to an associate, baccalaureate, or graduate de25 gree in early childhood education; 
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1 ‘‘(J) consideration of the availability of on2 line graduate level professional development of3 fered by institutions of higher education with 

4 experience and demonstrated expertise in estab5 lishing programs in child development, in order 

6 to improve the skills and expertise of individ7 uals working in early childhood education pro8 grams; and 

9 ‘‘(K) developing or enhancing a system of 

10 quality assurance with respect to the early 

11 childhood education professional development 

12 and career system, including standards or quali13 fications for individuals and entities who offer 

14 training and professional development in early 

15 childhood education. 

16 ‘‘(b) PUBLIC HEARINGS.—The State Task Force 

17 shall hold public hearings and provide an opportunity for 

18 public comment on the activities described in the statewide 

19 plan described in subsection (a)(3). 

20 ‘‘(c) PERIODIC REVIEW.—The State Task Force shall 

21 meet periodically to review implementation of the state22 wide plan and to recommend any changes to the statewide 

23 plan the State Task Force determines necessary. 
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1 ‘‘SEC. 857. STATE APPLICATION AND REPORT. 

2 ‘‘(a) IN GENERAL.—Each State desiring a grant 

3 under this part shall submit an application to the Sec4 retary at such time, in such manner, and accompanied by 

5 such information as the Secretary may reasonably require. 

6 Each such application shall include a description of—

7 ‘‘(1) the membership of the State Task Force; 

8 ‘‘(2) the activities for which the grant assist9 ance will be used; 

10 ‘‘(3) other Federal, State, local, and private re11 sources that will be available to support the activi12 ties of the State Task Force described in section 

13 856; 

14 ‘‘(4) the availability within the State of train15 ing, early childhood educator preparation, profes16 sional development, compensation initiatives, and ca17 reer systems, related to early childhood education; 

18 and 

19 ‘‘(5) the resources available within the State for 

20 such training, educator preparation, professional de21 velopment, compensation initiatives, and career sys22 tems. 

23 ‘‘(b) REPORT TO THE SECRETARY.—Not later than 

24 2 years after receiving a grant under this part, a State 

25 shall submit a report to the Secretary that shall describe—
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1 ‘‘(1) other Federal, State, local, and private re2 sources that will be used in combination with a 

3 grant under this section to develop or expand the 

4 State’s early childhood education professional devel5 opment and career activities; 

6 ‘‘(2) the ways in which the State Advisory 

7 Council (or similar State entity) will coordinate the 

8 various State and local activities that support the 

9 early childhood education professional development 

10 and career system; and 

11 ‘‘(3) the ways in which the State Task Force 

12 will use funds provided under this part and carry 

13 out the activities described in section 856. 

14 ‘‘SEC. 858. EVALUATIONS. 

15 ‘‘(a) STATE EVALUATION.—Each State receiving a 

16 grant under this part shall—

17 ‘‘(1) evaluate the activities that are assisted 

18 under this part in order to determine—

19 ‘‘(A) the effectiveness of the activities in 

20 achieving State goals; 

21 ‘‘(B) the impact of a career lattice for indi22 viduals working in early childhood education 

23 programs; 
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1 ‘‘(C) the impact of the activities on licens2 ing or regulating requirements for individuals 

3 in the field of early childhood development; 

4 ‘‘(D) the impact of the activities, and the 

5 impact of the statewide plan described in sec6 tion 856(a)(3), on the quality of education, pro7 fessional development, and training related to 

8 early childhood education programs that are of9 fered in the State; 

10 ‘‘(E) the change in compensation and re11 tention of individuals working in early childhood 

12 education programs within the State resulting 

13 from the activities; and 

14 ‘‘(F) the impact of the activities on the de15 mographic characteristics of individuals working 

16 in early childhood education programs; and 

17 ‘‘(2) submit a report at the end of the grant pe18 riod to the Secretary regarding the evaluation de19 scribed in paragraph (1). 

20 ‘‘(b) SECRETARY’S EVALUATION.—Not later than 

21 September 30, 2013, the Secretary, in consultation with 

22 the Secretary of Health and Human Services, shall pre23 pare and submit to the authorizing committees an evalua24 tion of the State reports submitted under subsection 

25 (a)(2). 
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1 ‘‘SEC. 859. AUTHORIZATION OF APPROPRIATIONS. 

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

3 this part such sums as may be necessary for fiscal year 

4 2008 and each of the 5 succeeding fiscal years. 

5 ‘‘PART K—IMPROVING SCIENCE, TECHNOLOGY, 

6 ENGINEERING, AND MATHEMATICS EDU7 CATION WITH A FOCUS ON ALASKA NATIVE 

8 AND NATIVE HAWAIIAN STUDENTS 

9 ‘‘SEC. 861. IMPROVING SCIENCE, TECHNOLOGY, ENGINEER10 ING, AND MATHEMATICS EDUCATION WITH A 

11 FOCUS ON ALASKA NATIVE AND NATIVE HA12 WAIIAN STUDENTS. 

13 ‘‘(a) PURPOSE.—The purpose of this section is—

14 ‘‘(1) to develop or expand programs for the de15 velopment of professionals in the fields of science, 

16 technology, engineering, and mathematics; and 

17 ‘‘(2) to focus resources on meeting the edu18 cational and cultural needs of Alaska Natives and 

19 Native Hawaiians. 

20 ‘‘(b) DEFINITIONS.—In this section: 

21 ‘‘(1) ALASKA NATIVE.—The term ‘Alaska Na22 tive’ has the meaning given the term ‘Native’ in sec23 tion 3(b) of the Alaska Natives Claims Settlement 

24 Act (43 U.S.C. 1602(b)). 
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1 ‘‘(2) INSTITUTION OF HIGHER EDUCATION.—

2 The term ‘institution of higher education’ has the 

3 meaning given the term in section 101(a). 

4 ‘‘(3) ELIGIBLE PARTNERSHIP.—The term ‘eligi5 ble partnership’ means a partnership that includes—

6 ‘‘(A) 1 or more colleges or schools of engi7 neering; 

8 ‘‘(B) 1 or more colleges of science, engi9 neering, or mathematics; 

10 ‘‘(C) 1 or more institutions of higher edu11 cation that offer 2-year degrees; and 

12 ‘‘(D) 1 or more private entities that—

13 ‘‘(i) conduct career awareness activi14 ties showcasing local technology profes15 sionals; 

16 ‘‘(ii) encourage students to pursue 

17 education in science, technology, engineer18 ing, and mathematics from elementary 

19 school through college, and careers in 

20 those fields, with the assistance of local 

21 technology professionals; 

22 ‘‘(iii) develop internships, apprentice23 ships, and mentoring programs in partner24 ship with relevant industries; and 
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1 ‘‘(iv) assist with placement of interns 

2 and apprentices. 

3 ‘‘(4) NATIVE HAWAIIAN.—The term ‘Native 

4 Hawaiian’ has the meaning given the term in section 

5 7207 of the Elementary and Secondary Education 

6 Act of 1965. 

7 ‘‘(c) GRANT AUTHORIZED.—The Secretary is author8 ized to award a grant to an eligible partnership to enable 

9 the eligible partnership to expand programs for the devel10 opment of science, technology, engineering, or mathe11 matics professionals, from elementary school through col12 lege, including existing programs for Alaska Native and 

13 Native Hawaiian students. 

14 ‘‘(d) USES OF FUNDS.—Grant funds under this sec15 tion shall be used for 1 or more of the following: 

16 ‘‘(1) Development or implementation of cul17 tural, social, or educational transition programs to 

18 assist students to transition into college life and aca19 demics in order to increase such students’ retention 

20 rates in the fields of science, technology, engineer21 ing, or mathematics, with a focus on Alaska Native 

22 or Native Hawaiian students. 

23 ‘‘(2) Development or implementation of aca24 demic support or supplemental educational programs 

25 to increase the graduation rates of students in the 
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1 fields of science, technology, engineering, or mathe2 matics, with a focus on Alaska Native and Native 

3 Hawaiian students. 

4 ‘‘(3) Development or implementation of intern5 ship programs, carried out in coordination with edu6 cational institutions and private entities, to prepare 

7 students for careers in the fields of science, tech8 nology, engineering, or mathematics, with a focus on 

9 programs that serve Alaska Native or Native Hawai10 ian students. 

11 ‘‘(4) Such other activities that are consistent 

12 with the purposes of this section. 

13 ‘‘(e) APPLICATION.—Each eligible partnership that 

14 desires a grant under this section shall submit an applica15 tion to the Secretary at such time, in such manner, and 

16 containing such information as the Secretary may require. 

17 ‘‘(f) PRIORITY.—In awarding grants under this sec18 tion, the Secretary shall give priority to an eligible part19 nership that provides 1 or more programs in which 30 per20 cent or more of the program participants are Alaska Na21 tive or Native Hawaiian. 

22 ‘‘(g) PERIOD OF GRANT.—A grant under this section 

23 shall be awarded for a period of 5 years. 

24 ‘‘(h) EVALUATION AND REPORT.—Each eligible part25 nership that receives a grant under this section shall con-
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1 duct an evaluation to determine the effectiveness of the 

2 programs funded under the grant and shall provide a re3 port regarding the evaluation to the Secretary not later 

4 than 6 months after the end of the grant period. 

5 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated to carry out this section 

7 such sums as may be necessary for fiscal year 2008 and 

8 each of the 5 succeeding fiscal years. 

9 ‘‘PART L—PILOT PROGRAM TO INCREASE 

10 PERSISTENCE IN COMMUNITY COLLEGES 

11 ‘‘SEC. 865. PILOT PROGRAM TO INCREASE PERSISTENCE IN 

12 COMMUNITY COLLEGES. 

13 ‘‘(a) DEFINITIONS.—In this section: 

14 ‘‘(1) INSTITUTION OF HIGHER EDUCATION.—

15 Except as otherwise provided in this section, the 

16 term ‘institution of higher education’ means an in17 stitution of higher education, as defined in section 

18 101, that provides a 1- or 2-year program of study 

19 leading to a degree or certificate. 

20 ‘‘(2) ELIGIBLE STUDENT.—The term ‘eligible 

21 student’ means a student who—

22 ‘‘(A) meets the requirements of section 

23 484(a); 

24 ‘‘(B) is enrolled at least half time; 
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1 ‘‘(C) is not younger than age 19 and not 

2 older than age 33; 

3 ‘‘(D) is the parent of at least 1 dependent 

4 child, which dependent child is age 18 or 

5 younger; 

6 ‘‘(E) has a family income below 200 per7 cent of the poverty line; 

8 ‘‘(F) has a secondary school diploma or its 

9 recognized equivalent, and earned a passing 

10 score on a college entrance examination; and 

11 ‘‘(G) does not have a degree or occupa12 tional certificate from an institution of higher 

13 education, as defined in section 101 or 102(a). 

14 ‘‘(b) PROGRAM AUTHORIZED.—The Secretary is au15 thorized to award grants, on a competitive basis, to insti16 tutions of higher education to enable the institutions of 

17 higher education to provide additional monetary and non18 monetary support to eligible students to enable the eligible 

19 students to maintain enrollment and complete degree or 

20 certificate programs. 

21 ‘‘(c) USES OF FUNDS.—

22 ‘‘(1) REQUIRED USES.—Each institution of 

23 higher education receiving a grant under this section 

24 shall use the grant funds—
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1 ‘‘(A) to provide scholarships in accordance 

2 with subsection (d); and 

3 ‘‘(B) to provide counseling services in ac4 cordance with subsection (e). 

5 ‘‘(2) ALLOWABLE USES OF FUNDS.—Grant 

6 funds provided under this section may be used—

7 ‘‘(A) to conduct outreach to make students 

8 aware of the scholarships and counseling serv9 ices available under this section and to encour10 age the students to participate in the program 

11 assisted under this section; 

12 ‘‘(B) to provide gifts of $20 or less, such 

13 as a store gift card, to applicants who complete 

14 the process of applying for assistance under this 

15 section, as an incentive and as compensation for 

16 the student’s time; and 

17 ‘‘(C) to evaluate the success of the pro18 gram. 

19 ‘‘(d) SCHOLARSHIP REQUIREMENTS.—

20 ‘‘(1) IN GENERAL.—Each scholarship awarded 

21 under this section shall—

22 ‘‘(A) be awarded for 1 academic year; 

23 ‘‘(B) be awarded in the amount of $1,000 

24 for each of 2 semesters (prorated for quarters), 

25 or $2,000 for an academic year; 
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1 ‘‘(C) require the student to maintain dur2 ing the scholarship period at least half-time en3 rollment and a 2.0 or C grade point average; 

4 and 

5 ‘‘(D) be paid in increments of—

6 ‘‘(i) $250 upon enrollment (prorated 

7 for quarters); 

8 ‘‘(ii) $250 upon passing midterm ex9 aminations (prorated for quarters); and 

10 ‘‘(iii) $500 upon passing courses (pro11 rated for quarters). 

12 ‘‘(2) NUMBER.—An institution may award an 

13 eligible student not more than 2 scholarships under 

14 this section. 

15 ‘‘(e) COUNSELING SERVICES.—

16 ‘‘(1) IN GENERAL.—Each institution of higher 

17 education receiving a grant under this section shall 

18 use the grant funds to provide students at the insti19 tution with a counseling staff dedicated to students 

20 participating in the program under this section. 

21 Each such counselor shall—

22 ‘‘(A) have a caseload of less than 125 stu23 dents; 

24 ‘‘(B) use a proactive, team-oriented ap25 proach to counseling; 
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1 ‘‘(C) hold a minimum of 2 meetings with 

2 students each semester; and 

3 ‘‘(D) provide referrals to and follow-up 

4 with other student services staff, including fi5 nancial and career services. 

6 ‘‘(2) COUNSELING SERVICES AVAILABILITY.—

7 The counseling services provided under this section 

8 shall be available to participating students during 

9 the daytime and evening hours. 

10 ‘‘(f) APPLICATION.—An institution of higher edu11 cation that desires to receive a grant under this section 

12 shall submit an application to the Secretary at such time, 

13 in such manner, and containing such information as the 

14 Secretary may require, including—

15 ‘‘(1) the number of students to be served under 

16 this section; 

17 ‘‘(2) a description of the scholarships and coun18 seling services that will be provided under this sec19 tion; and 

20 ‘‘(3) a description of how the program under 

21 this section will be evaluated. 

22 ‘‘(g) PERIOD OF GRANT.—The Secretary may award 

23 a grant under this section for a period of 5 years. 

24 ‘‘(h) EVALUATION.—
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1 ‘‘(1) IN GENERAL.—Each institution of higher 

2 education receiving a grant under this section shall 

3 conduct an annual evaluation of the impact of the 

4 grant and shall provide the evaluation to the Sec5 retary. The Secretary shall disseminate to the public 

6 the findings, information on best practices, and les7 sons learned, with respect to the evaluations. 

8 ‘‘(2) RANDOM ASSIGNMENT RESEARCH DE9 SIGN.—The evaluation shall be conducted using a 

10 random assignment research design with the fol11 lowing requirements: 

12 ‘‘(A) When students are recruited for the 

13 program, all students will be told about the pro14 gram and the evaluation. 

15 ‘‘(B) Baseline data will be collected from 

16 all applicants for assistance under this section. 

17 ‘‘(C) Students will be assigned randomly to 

18 2 groups, which will consist of—

19 ‘‘(i) a program group that will receive 

20 the scholarship and the additional coun21 seling services; and 

22 ‘‘(ii) a control group that will receive 

23 whatever regular financial aid and coun24 seling services are available to all students 

25 at the institution of higher education. 
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1 ‘‘(3) PREVIOUS COHORTS.—In conducting the 

2 evaluation for the second and third years of the pro3 gram, each institution of higher education shall in4 clude information on previous cohorts of students as 

5 well as students in the current program year. 

6 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated to carry out this section 

8 such sums as may be necessary for fiscal year 2008 and 

9 each of the 5 succeeding fiscal years. 

10 ‘‘PART M—STUDENT SAFETY AND CAMPUS 

11 EMERGENCY MANAGEMENT 

12 ‘‘SEC. 871. STUDENT SAFETY AND CAMPUS EMERGENCY 

13 MANAGEMENT. 

14 ‘‘(a) GRANTS AUTHORIZED.—

15 ‘‘(1) IN GENERAL.—The Secretary is authorized 

16 to award grants, on a competitive basis, to institu17 tions of higher education or consortia of institutions 

18 of higher education to enable institutions of higher 

19 education or consortia to pay the Federal share of 

20 the cost of carrying out the authorized activities de21 scribed in subsection (c). 

22 ‘‘(2) CONSULTATION WITH THE ATTORNEY

23 GENERAL AND THE SECRETARY OF HOMELAND SE24 CURITY.—Where appropriate, the Secretary shall 

25 award grants under this section in consultation with 
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1 the Attorney General of the United States and the 

2 Secretary of Homeland Security. 

3 ‘‘(3) DURATION.—The Secretary shall award 

4 each grant under this section for a period of 2 years. 

5 ‘‘(4) LIMITATION ON INSTITUTIONS AND CON6 SORTIA.—An institution of higher education or con7 sortium shall be eligible for only 1 grant under this 

8 section. 

9 ‘‘(b) FEDERAL SHARE; NON-FEDERAL SHARE.—

10 ‘‘(1) IN GENERAL.—The Federal share shall be 

11 50 percent. 

12 ‘‘(2) NON-FEDERAL SHARE.—The institution of 

13 higher education or consortium shall provide the 

14 non-Federal share, which may be provided from 

15 other Federal, State, and local resources dedicated 

16 to emergency preparedness and response. 

17 ‘‘(c) AUTHORIZED ACTIVITIES.—Each institution of 

18 higher education or consortium receiving a grant under 

19 this section may use the grant funds to carry out 1 or 

20 more of the following: 

21 ‘‘(1) Developing and implementing a state-of22 the-art emergency communications system for each 

23 campus of an institution of higher education or con24 sortium, in order to contact students via cellular, 

25 text message, or other state-of-the-art communica-
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1 tions methods when a significant emergency or dan2 gerous situation occurs. An institution or consortium 

3 using grant funds to carry out this paragraph shall 

4 also, in coordination with the appropriate State and 

5 local emergency management authorities—

6 ‘‘(A) develop procedures that students, em7 ployees, and others on a campus of an institu8 tion of higher education or consortium will be 

9 directed to follow in the event of a significant 

10 emergency or dangerous situation; and 

11 ‘‘(B) develop procedures the institution of 

12 higher education or consortium shall follow to 

13 inform, within a reasonable and timely manner, 

14 students, employees, and others on a campus in 

15 the event of a significant emergency or dan16 gerous situation, which procedures shall include 

17 the emergency communications system de18 scribed in this paragraph. 

19 ‘‘(2) Supporting measures to improve safety at 

20 the institution of higher education or consortium, 

21 such as—

22 ‘‘(A) security assessments; 

23 ‘‘(B) security training of personnel and 

24 students at the institution of higher education 

25 or consortium; 
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1 ‘‘(C) where appropriate, coordination of 

2 campus preparedness and response efforts with 

3 local law enforcement, local emergency manage4 ment authorities, and other agencies, to im5 prove coordinated responses in emergencies 

6 among such entities; and 

7 ‘‘(D) establishing a hotline that allows a 

8 student or staff member at an institution or 

9 consortium to report another student or staff 

10 member at the institution or consortium who 

11 the reporting student or staff member believes 

12 may be a danger to the reported student or 

13 staff member or to others. 

14 ‘‘(3) Coordinating with appropriate local enti15 ties the provision of, mental health services for stu16 dents enrolled in the institution of higher education 

17 or consortium, including mental health crisis re18 sponse and intervention services, to individuals af19 fected by a campus or community emergency. 

20 ‘‘(d) APPLICATION.—Each institution of higher edu21 cation or consortium desiring a grant under this section 

22 shall submit an application to the Secretary at such time, 

23 in such manner, and containing such information as the 

24 Secretary may require. 
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1 ‘‘(e) TECHNICAL ASSISTANCE.—The Secretary shall 

2 coordinate technical assistance provided by State and local 

3 emergency management agencies, the Department of 

4 Homeland Security, and other agencies as appropriate, to 

5 institutions of higher education or consortia that request 

6 assistance in developing and implementing the activities 

7 assisted under this section. 

8 ‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sec9 tion shall be construed—

10 ‘‘(1) to provide a private right of action to any 

11 person to enforce any provision of this section; 

12 ‘‘(2) to create a cause of action against any in13 stitution of higher education or any employee of the 

14 institution for any civil liability; or 

15 ‘‘(3) to affect the Family Educational Rights 

16 and Privacy Act of 1974 or the regulations issued 

17 under section 264 of the Health Insurance Port18 ability and Accountability Act of 1996 (42 U.S.C. 

19 1320d–2 note). 

20 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated to carry out this section 

22 such sums as may be necessary for fiscal year 2008 and 

23 each of the 5 succeeding fiscal years. 
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1 ‘‘SEC. 872. MODEL EMERGENCY RESPONSE POLICIES, PRO2 CEDURES, AND PRACTICES. 

3 ‘‘The Secretary of Education, the Attorney General 

4 of the United States, and the Secretary of Homeland Se5 curity shall jointly have the authority—

6 ‘‘(1) to advise institutions of higher education 

7 on model emergency response policies, procedures, 

8 and practices; and 

9 ‘‘(2) to disseminate information concerning 

10 those policies, procedures, and practices.’’. 

11 SEC. 802. ADDITIONAL PROGRAMS. 

12 Title VIII (as added by section 801) is further 

13 amended by adding at the end the following: 

14 ‘‘PART N—SCHOOL OF VETERINARY MEDICINE 

15 COMPETITIVE GRANT PROGRAM 

16 ‘‘SEC. 876. SCHOOL OF VETERINARY MEDICINE COMPETI17 TIVE GRANT PROGRAM. 

18 ‘‘(a) IN GENERAL.—The Secretary of Health and 

19 Human Services (referred to in this section as the ‘Sec20 retary’) shall award competitive grants to eligible entities 

21 for the purpose of improving public health preparedness 

22 through increasing the number of veterinarians in the 

23 workforce. 

24 ‘‘(b) ELIGIBLE ENTITIES.—To be eligible to receive 

25 a grant under subsection (a), an entity shall—

26 ‘‘(1) be—
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1 ‘‘(A) a public or other nonprofit school of 

2 veterinary medicine that is accredited by a na3 tionally recognized accrediting agency or asso4 ciation recognized by the Secretary of Edu5 cation pursuant to part H of title IV; 

6 ‘‘(B) a public or nonprofit, department of 

7 comparative medicine, department of veterinary 

8 science, school of public health, or school of 

9 medicine that is accredited by a nationally rec10 ognized accrediting agency or association recog11 nized by the Secretary of Education pursuant 

12 to part H of title IV and that offers graduate 

13 training for veterinarians in a public health 

14 practice area as determined by the Secretary; or 

15 ‘‘(C) a public or nonprofit entity that—

16 ‘‘(i) conducts recognized residency 

17 training programs for veterinarians that 

18 are approved by a veterinary specialty or19 ganization that is recognized by the Amer20 ican Veterinary Medical Association; and 

21 ‘‘(ii) offers postgraduate training for 

22 veterinarians in a public health practice 

23 area as determined by the Secretary; and 

24 ‘‘(2) prepare and submit to the Secretary an 

25 application, at such time, in such manner, and con-
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1 taining such information as the Secretary may re2 quire. 

3 ‘‘(c) CONSIDERATION OF APPLICATIONS.—The Sec4 retary shall establish procedures to ensure that applica5 tions under subsection (b)(2) are rigorously reviewed and 

6 that grants are competitively awarded based on—

7 ‘‘(1) the ability of the applicant to increase the 

8 number of veterinarians who are trained in specified 

9 public health practice areas as determined by the 

10 Secretary; 

11 ‘‘(2) the ability of the applicant to increase ca12 pacity in research on high priority disease agents; or 

13 ‘‘(3) any other consideration the Secretary de14 termines necessary. 

15 ‘‘(d) PREFERENCE.—In awarding grants under sub16 section (a), the Secretary shall give preference to appli17 cants that demonstrate a comprehensive approach by in18 volving more than one school of veterinary medicine, de19 partment of comparative medicine, department of veteri20 nary science, school of public health, school of medicine, 

21 or residency training program that offers postgraduate 

22 training for veterinarians in a public health practice area 

23 as determined by the Secretary. 

24 ‘‘(e) USE OF FUNDS.—Amounts received under a 

25 grant under this section shall be used by a grantee to in-
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1 crease the number of veterinarians in the workforce 

2 through paying costs associated with the expansion of aca3 demic programs at schools of veterinary medicine, depart4 ments of comparative medicine, departments of veterinary 

5 science, or entities offering residency training programs, 

6 or academic programs that offer postgraduate training for 

7 veterinarians or concurrent training for veterinary stu8 dents in specific areas of specialization, which costs may 

9 include minor renovation and improvement in classrooms, 

10 libraries, and laboratories. 

11 ‘‘(f) DEFINITION OF PUBLIC HEALTH PRACTICE.—

12 In this section, the term ‘public health practice’ includes 

13 bioterrorism and emergency preparedness, environmental 

14 health, food safety and food security, regulatory medicine, 

15 diagnostic laboratory medicine, and biomedical research. 

16 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated to carry out this section 

18 such sums as may be necessary for fiscal year 2008 and 

19 each of the 5 succeeding fiscal years. Amounts appro20 priated under this subsection shall remain available until 

21 expended. 
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1 ‘‘PART O—EARLY FEDERAL PELL GRANT 

2 COMMITMENT DEMONSTRATION PROGRAM 

3 ‘‘SEC. 881. EARLY FEDERAL PELL GRANT COMMITMENT 

4 DEMONSTRATION PROGRAM. 

5 ‘‘(a) DEMONSTRATION PROGRAM AUTHORITY.—

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

7 to carry out an Early Federal Pell Grant Commit8 ment Demonstration Program under which—

9 ‘‘(A) the Secretary awards grants to 4 

10 State educational agencies, in accordance with 

11 paragraph (2), to pay the administrative ex12 penses incurred in participating in the dem13 onstration program under this section; and 

14 ‘‘(B) the Secretary awards Federal Pell 

15 Grants to participating students in accordance 

16 with this section. 

17 ‘‘(2) GRANTS.—

18 ‘‘(A) IN GENERAL.—From amounts appro19 priated under subsection (h) for a fiscal year, 

20 the Secretary is authorized to award grants to 

21 4 State educational agencies to enable the State 

22 educational agencies to pay the administrative 

23 expenses incurred in participating in a dem24 onstration program under which 8th grade stu25 dents who are eligible for a free or reduced 

26 price meal described in subsection (b)(1)(B) re-
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1 ceive a commitment to receive a Federal Pell 

2 Grant early in their academic careers. 

3 ‘‘(B) EQUAL AMOUNTS.—The Secretary 

4 shall award grants under this section in equal 

5 amounts to each of the 4 participating State 

6 educational agencies. 

7 ‘‘(b) DEMONSTRATION PROJECT REQUIREMENTS.—

8 Each of the 4 demonstration projects assisted under this 

9 section shall meet the following requirements: 

10 ‘‘(1) PARTICIPANTS.—

11 ‘‘(A) IN GENERAL.—The State educational 

12 agency shall make participation in the dem13 onstration project available to 2 cohorts of stu14 dents, which shall consist of—

15 ‘‘(i) 1 cohort of 8th grade students 

16 who begin the participation in academic 

17 year 2008–2009; and 

18 ‘‘(ii) 1 cohort of 8th grade students 

19 who begin the participation in academic 

20 year 2009–2010. 

21 ‘‘(B) STUDENTS IN EACH COHORT.—Each 

22 cohort of students shall consist of not more 

23 than 10,000 8th grade students who qualify for 

24 a free or reduced price meal under the Richard 
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1 B. Russell National School Lunch Act or the 

2 Child Nutrition Act of 1966. 

3 ‘‘(2) STUDENT DATA.—The State educational 

4 agency shall ensure that student data from local 

5 educational agencies serving students who partici6 pate in the demonstration project, as well as student 

7 data from local educational agencies serving a com8 parable group of students who do not participate in 

9 the demonstration project, are available for evalua10 tion of the demonstration project, except that in no 

11 case shall such data be provided in a manner that 

12 would reveal personally identifiable information 

13 about an individual student. 

14 ‘‘(3) FEDERAL PELL GRANT COMMITMENT.—

15 Each student who participates in the demonstration 

16 project receives a commitment from the Secretary to 

17 receive a Federal Pell Grant during the first aca18 demic year that the student is in attendance at an 

19 institution of higher education as an undergraduate, 

20 if the student applies for Federal financial aid (via 

21 the FAFSA or EZ FAFSA) during the student’s 

22 senior year of secondary school and during suc23 ceeding years. 

24 ‘‘(4) APPLICATION PROCESS.—The Secretary 

25 shall establish an application process to select State 
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1 educational agencies to participate in the demonstra2 tion program and State educational agencies shall 

3 establish an application process to select local edu4 cational agencies within the State to participate in 

5 the demonstration project. 

6 ‘‘(5) LOCAL EDUCATIONAL AGENCY PARTICIPA7 TION.—Subject to the 10,000 statewide student limi8 tation described in paragraph (1), a local edu9 cational agency serving students, not less than 50 

10 percent of whom are eligible for a free or reduced 

11 price meal under the Richard B. Russell National 

12 School Lunch Act or the Child Nutrition Act of 

13 1966, shall be eligible to participate in the dem14 onstration project. 

15 ‘‘(c) STATE EDUCATIONAL AGENCY APPLICA16 TIONS.—

17 ‘‘(1) IN GENERAL.—Each State educational 

18 agency desiring to participate in the demonstration 

19 program under this section shall submit an applica20 tion to the Secretary at such time and in such man21 ner as the Secretary may require. 

22 ‘‘(2) CONTENTS.—Each application shall in23 clude—

24 ‘‘(A) a description of the proposed targeted 

25 information campaign for the demonstration 
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1 project and a copy of the plan described in sub2 section (f)(2); 

3 ‘‘(B) a description of the student popu4 lation that will receive an early commitment to 

5 receive a Federal Pell Grant under this section; 

6 ‘‘(C) an assurance that the State edu7 cational agency will fully cooperate with the on8 going evaluation of the demonstration project; 

9 and 

10 ‘‘(D) such other information as the Sec11 retary may require. 

12 ‘‘(d) SELECTION CONSIDERATIONS.—

13 ‘‘(1) SELECTION OF STATE EDUCATIONAL

14 AGENCIES.—In selecting State educational agencies 

15 to participate in the demonstration program under 

16 this section, the Secretary shall consider—

17 ‘‘(A) the number and quality of State edu18 cational agency applications received; 

19 ‘‘(B) the Department’s capacity to oversee 

20 and monitor each State educational agency’s 

21 participation in the demonstration program; 

22 ‘‘(C) a State educational agency’s—

23 ‘‘(i) financial responsibility; 

24 ‘‘(ii) administrative capability; 
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1 ‘‘(iii) commitment to focusing State 

2 resources, in addition to any resources pro3 vided under part A of title I of the Ele4 mentary and Secondary Education Act of 

5 1965, on students who receive assistance 

6 under such part A; 

7 ‘‘(iv) ability and plans to run an effec8 tive and thorough targeted information 

9 campaign for students served by local edu10 cational agencies eligible to participate in 

11 the demonstration project; and 

12 ‘‘(v) ability to ensure the participation 

13 in the demonstration program of a diverse 

14 group of students, including with respect 

15 to ethnicity and gender. 

16 ‘‘(2) LOCAL EDUCATIONAL AGENCY.—In select17 ing local educational agencies to participate in a 

18 demonstration project under this section, the State 

19 educational agency shall consider—

20 ‘‘(A) the number and quality of local edu21 cational agency applications received; 

22 ‘‘(B) the State educational agency’s capac23 ity to oversee and monitor each local edu24 cational agency’s participation in the dem25 onstration project; 
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1 ‘‘(C) a local educational agency’s—

2 ‘‘(i) financial responsibility; 

3 ‘‘(ii) administrative capability; 

4 ‘‘(iii) commitment to focusing local re5 sources, in addition to any resources pro6 vided under part A of title I of the Ele7 mentary and Secondary Education Act of 

8 1965, on students who receive assistance 

9 under such part A; 

10 ‘‘(iv) ability and plans to run an effec11 tive and thorough targeted information 

12 campaign for students served by the local 

13 educational agency; and 

14 ‘‘(v) ability to ensure the participation 

15 in the demonstration project of a diverse 

16 group of students with respect to ethnicity 

17 and gender. 

18 ‘‘(e) EVALUATION.—

19 ‘‘(1) IN GENERAL.—From amounts appro20 priated under subsection (h) for a fiscal year, the 

21 Secretary shall reserve not more than $1,000,000 to 

22 award a grant or contract to an organization outside 

23 the Department for an independent evaluation of the 

24 impact of the demonstration program assisted under 

25 this section. 
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1 ‘‘(2) COMPETITIVE BASIS.—The grant or con2 tract shall be awarded on a competitive basis. 

3 ‘‘(3) MATTERS EVALUATED.—The evaluation 

4 described in this subsection shall—

5 ‘‘(A) determine the number of individuals 

6 who were encouraged by the demonstration pro7 gram to pursue higher education; 

8 ‘‘(B) identify the barriers to the effective9 ness of the demonstration program; 

10 ‘‘(C) assess the cost-effectiveness of the 

11 demonstration program in improving access to 

12 higher education; 

13 ‘‘(D) identify the reasons why participants 

14 in the demonstration program either received or 

15 did not receive a Federal Pell Grant; 

16 ‘‘(E) identify intermediate outcomes re17 lated to postsecondary education attendance, 

18 such as whether participants—

19 ‘‘(i) were more likely to take a college20 prep curriculum while in secondary school; 

21 ‘‘(ii) submitted any college applica22 tions; and 

23 ‘‘(iii) took the PSAT, SAT, or ACT; 

24 ‘‘(F) identify the number of individuals 

25 participating in the demonstration program who 
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1 pursued an associate’s degree or a bachelor’s 

2 degree, or other postsecondary education; 

3 ‘‘(G) compare the findings of the dem4 onstration program with respect to participants 

5 to comparison groups (of similar size and demo6 graphics) that did not participate in the dem7 onstration program; and 

8 ‘‘(H) identify the impact on the parents of 

9 students eligible to participate in the dem10 onstration program. 

11 ‘‘(4) DISSEMINATION.—The findings of the 

12 evaluation shall be reported to the Secretary, who 

13 shall widely disseminate the findings to the public. 

14 ‘‘(f) TARGETED INFORMATION CAMPAIGN.—

15 ‘‘(1) IN GENERAL.—Each State educational 

16 agency receiving a grant under this section shall, in 

17 cooperation with the participating local educational 

18 agencies within the State and the Secretary, develop 

19 a targeted information campaign for the demonstra20 tion program assisted under this section. 

21 ‘‘(2) PLAN.—Each State educational agency re22 ceiving a grant under this section shall include in 

23 the application submitted under subsection (c) a 

24 written plan for their proposed targeted information 

25 campaign. The plan shall include the following: 
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1 ‘‘(A) OUTREACH.—A description of the 

2 outreach to students and their families at the 

3 beginning and end of each academic year of the 

4 demonstration project, at a minimum. 

5 ‘‘(B) DISTRIBUTION.—How the State edu6 cational agency plans to provide the outreach 

7 described in subparagraph (A) and to provide 

8 the information described in subparagraph (C). 

9 ‘‘(C) INFORMATION.—The annual provi10 sion by the State educational agency to all stu11 dents and families participating in the dem12 onstration program of information regarding—

13 ‘‘(i) the estimated statewide average 

14 cost of attendance for an institution of 

15 higher education for each academic year, 

16 which cost data shall be disaggregated 

17 by—

18 ‘‘(I) type of institution, includ19 ing—

20 ‘‘(aa) 2-year public degree21 granting institutions of higher 

22 education; 

23 ‘‘(bb) 4-year public degree24 granting institutions of higher 

25 education; and 
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1 ‘‘(cc) 4-year private degree2 granting institutions of higher 

3 education; 

4 ‘‘(II) component, including—

5 ‘‘(aa) tuition and fees; and 

6 ‘‘(bb) room and board; 

7 ‘‘(ii) Federal Pell Grants, including—

8 ‘‘(I) the maximum Federal Pell 

9 Grant for each award year; 

10 ‘‘(II) when and how to apply for 

11 a Federal Pell Grant; and 

12 ‘‘(III) what the application proc13 ess for a Federal Pell Grant requires; 

14 ‘‘(iii) State-specific college savings 

15 programs; 

16 ‘‘(iv) State merit-based financial aid; 

17 ‘‘(v) State need-based financial aid; 

18 and 

19 ‘‘(vi) Federal financial aid available to 

20 students, including eligibility criteria for 

21 such aid and an explanation of the Federal 

22 financial aid programs, such as the Stu23 dent Guide published by the Department 

24 of Education (or any successor to such 

25 document). 
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1 ‘‘(3) COHORTS.—The information described in 

2 paragraph (2)(C) shall be provided to 2 cohorts of 

3 students annually for the duration of the students’ 

4 participation in the demonstration program. The 2 

5 cohorts shall consist of—

6 ‘‘(A) 1 cohort of 8th grade students who 

7 begin the participation in academic year 2008–

8 2009; and 

9 ‘‘(B) 1 cohort of 8th grade students who 

10 begin the participation in academic year 2009–

11 2010. 

12 ‘‘(4) RESERVATION.—Each State educational 

13 agency receiving a grant under this section shall re14 serve not more than 15 percent of the grant funds 

15 received each fiscal year to carry out the targeted in16 formation campaign described in this subsection. 

17 ‘‘(g) SUPPLEMENT, NOT SUPPLANT.—A State edu18 cational agency shall use grant funds received under this 

19 section only to supplement the funds that would, in the 

20 absence of such funds, be made available from non-Fed21 eral sources for students participating in the demonstra22 tion program under this section, and not to supplant such 

23 funds. 

24 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are authorized to be appropriated to carry out this section 
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1 such sums as may be necessary for fiscal year 2008 and 

2 each of the 5 succeeding fiscal years. 

3 ‘‘PART P—HENRY KUUALOHA GIUGNI KUPUNA 

4 MEMORIAL ARCHIVES 

5 ‘‘SEC. 886. HENRY KUUALOHA GIUGNI KUPUNA MEMORIAL 

6 ARCHIVES. 

7 ‘‘(a) GRANTS AUTHORIZED.—The Secretary is au8 thorized to award a grant to the University of Hawaii 

9 Academy for Creative Media for the establishment, main10 tenance, and periodic modernization of the Henry 

11 Kuualoha Giugni Kupuna Memorial Archives at the Uni12 versity of Hawaii. 

13 ‘‘(b) USE OF FUNDS.—The Henry Kuualoha Giugni 

14 Kupuna Memorial Archives shall use the grant funds re15 ceived under this section—

16 ‘‘(1) to facilitate the acquisition of a secure web 

17 accessible repository of Native Hawaiian historical 

18 data rich in ethnic and cultural significance to the 

19 United States for preservation and access by future 

20 generations; 

21 ‘‘(2) to award scholarships to facilitate access 

22 to a postsecondary education for students who can23 not afford such education; 

24 ‘‘(3) to support programmatic efforts associated 

25 with the web-based media projects of the archives; 
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1 ‘‘(4) to create educational materials, from the 

2 contents of the archives, that are applicable to a 

3 broad range of indigenous students, such as Native 

4 Hawaiians, Alaskan Natives, and Native American 

5 Indians; 

6 ‘‘(5) to develop outreach initiatives that intro7 duce the archival collections to elementary schools 

8 and secondary schools; 

9 ‘‘(6) to develop supplemental web-based re10 sources that define terms and cultural practices in11 nate to Native Hawaiians; 

12 ‘‘(7) to rent, lease, purchase, maintain, or re13 pair educational facilities to house the archival col14 lections; 

15 ‘‘(8) to rent, lease, purchase, maintain, or re16 pair computer equipment for use by elementary 

17 schools and secondary schools in accessing the archi18 val collections; 

19 ‘‘(9) to provide pre-service and in-service teach20 er training to develop a core group of kindergarten 

21 through grade 12 teachers who are able to provide 

22 instruction in a way that is relevant to the unique 

23 background of indigenous students, such as Native 

24 Hawaiians, Alaskan Natives, and Native American 

25 Indians, in order to—
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1 ‘‘(A) facilitate greater understanding by 

2 teachers of the unique background of indige3 nous students; and 

4 ‘‘(B) improve student achievement; and 

5 ‘‘(10) to increase the economic and financial lit6 eracy of postsecondary education students through 

7 the dissemination of best practices used at other in8 stitutions of higher education regarding debt and 

9 credit management and economic decision-making. 

10 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated to carry out this section 

12 such sums as may be necessary for fiscal year 2008 and 

13 each of the 5 succeeding fiscal years.’’. 

14 SEC. 803. STUDENT LOAN CLEARINGHOUSE. 

15 (a) DEVELOPMENT.—Not later than 180 days after 

16 the date of enactment of this Act, the Secretary of Edu17 cation shall establish 1 or more clearinghouses of informa18 tion on student loans (including loans under parts B and 

19 D of title IV of the Higher Education Act of 1965 (20 

20 U.S.C. 1071 et seq. and 1087a et seq.) and private loans, 

21 for both undergraduate and graduate students) for use by 

22 prospective borrowers or any person desiring information 

23 regarding available interest rates and other terms from 

24 lenders. Such a clearinghouse shall—
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1 (1) have no affiliation with any institution of 

2 higher education or any lender; 

3 (2) accept nothing of value from any lender, 

4 guaranty agency, or any entity affiliated with a lend5 er or guaranty agency, except that the clearinghouse 

6 may establish a flat fee to be charged to each listed 

7 lender, based on the costs necessary to establish and 

8 maintain the clearinghouse; 

9 (3) provide information regarding the interest 

10 rates, fees, borrower benefits, and any other matter 

11 that the Department of Education determines rel12 evant to enable prospective borrowers to select a 

13 lender; 

14 (4) provide interest rate information that com15 plies with the Federal Trade Commission guidelines 

16 for consumer credit term disclosures; and 

17 (5) be a nonprofit entity. 

18 (b) PUBLICATION OF LIST.—The Secretary of Edu19 cation shall publish a list of clearinghouses described in 

20 subsection (a) on the website of the Department of Edu21 cation and such list shall be updated not less often than 

22 every 90 days. 

23 (c) DISCLOSURE.—Beginning on the date the first 

24 clearinghouse described in subsection (a) is established, 

25 each institution of higher education that receives Federal 
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1 assistance under the Higher Education Act of 1965 (20 

2 U.S.C. 1001 et seq.) and that designates 1 or more lend3 ers as preferred, suggested, or otherwise recommended 

4 shall include a standard disclosure developed by the Sec5 retary of Education on all materials that reference such 

6 lenders to inform students that the students might find 

7 a more attractive loan, with a lower interest rate, by vis8 iting a clearinghouse described in subsection (a). 

9 (d) REPORT.—Not later than 18 months after the 

10 date of enactment of this Act, the Comptroller General 

11 of the United States shall submit a report to Congress 

12 on whether students are using a clearinghouse described 

13 in subsection (a) to find and secure a student loan. The 

14 report shall assess whether students could have received 

15 a more attractive loan, one with a lower interest rate or 

16 better benefits, by using a clearinghouse described in sub17 section (a) instead of a preferred lender list. 

18 SEC. 804. MINORITY SERVING INSTITUTIONS FOR AD19 VANCED TECHNOLOGY AND EDUCATION. 

20 At the end of title VIII (as added by section 801), 

21 add the following: 
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1 ‘‘PART Q—MINORITY SERVING INSTITUTIONS 

2 FOR ADVANCED TECHNOLOGY AND EDUCATION 

3 ‘‘SEC. 890. PURPOSES. 

4 ‘‘The purposes of the program under this part are 

5 to—

6 ‘‘(1) strengthen the ability of eligible institu7 tions to provide capacity for instruction in digital 

8 and wireless network technologies; and 

9 ‘‘(2) strengthen the national digital and wireless 

10 infrastructure by increasing national investment in 

11 telecommunications and technology infrastructure at 

12 eligible institutions. 

13 ‘‘SEC. 891. DEFINITION OF ELIGIBLE INSTITUTION. 

14 ‘‘In this part, the term ‘eligible institution’ means an 

15 institution that is—

16 ‘‘(1) a historically Black college or university 

17 that is a part B institution, as defined in section 

18 322; 

19 ‘‘(2) a Hispanic-serving institution, as defined 

20 in section 502(a); 

21 ‘‘(3) a Tribal College or University, as defined 

22 in section 316(b); 

23 ‘‘(4) an Alaska Native-serving institution, as 

24 defined in section 317(b); 

25 ‘‘(5) a Native Hawaiian-serving institution, as 

26 defined in section 317(b); or 
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1 ‘‘(6) an institution determined by the Secretary 

2 to have enrolled a substantial number of minority, 

3 low-income students during the previous academic 

4 year who received a Federal Pell Grant for that 

5 year. 

6 ‘‘SEC. 892. MINORITY SERVING INSTITUTIONS FOR AD7 VANCED TECHNOLOGY AND EDUCATION. 

8 ‘‘(a) GRANTS AUTHORIZED.—

9 ‘‘(1) IN GENERAL.—The Secretary is authorized 

10 to award grants, on a competitive basis, to eligible 

11 institutions to enable the eligible institutions to 

12 carry out the activities described in subsection (d). 

13 ‘‘(2) GRANT PERIOD.—The Secretary may 

14 award a grant to an eligible institution under this 

15 part for a period of not more than 5 years. 

16 ‘‘(b) APPLICATION AND REVIEW PROCEDURE.—

17 ‘‘(1) IN GENERAL.—To be eligible to receive a 

18 grant under this part, an eligible institution shall 

19 submit an application to the Secretary at such time, 

20 in such manner, and containing such information as 

21 the Secretary may reasonably require. The applica22 tion shall include—

23 ‘‘(A) a program of activities for carrying 

24 out 1 or more of the purposes described in sec25 tion 890; and 
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1 ‘‘(B) such other policies, procedures, and 

2 assurances as the Secretary may require by reg3 ulation. 

4 ‘‘(2) REGULATIONS.—After consultation with 

5 appropriate individuals with expertise in technology 

6 and education, the Secretary shall establish a proce7 dure by which to accept and review such applications 

8 and publish an announcement of such procedure, in9 cluding a statement regarding the availability of 

10 funds, in the Federal Register. 

11 ‘‘(3) APPLICATION REVIEW CRITERIA.—The ap12 plication review criteria used by the Secretary for 

13 grants under this part shall include consideration 

14 of—

15 ‘‘(A) demonstrated need for assistance 

16 under this part; and 

17 ‘‘(B) diversity among the types of eligible 

18 institutions receiving assistance under this part. 

19 ‘‘(c) MATCHING REQUIREMENT.—

20 ‘‘(1) IN GENERAL.—An eligible institution that 

21 receives a grant under this part shall agree that, 

22 with respect to the costs to be incurred by the insti23 tution in carrying out the program for which the 

24 grant is awarded, such institution will make avail25 able (directly or through donations from public or 
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1 private entities) non-Federal contributions in an 

2 amount equal to 25 percent of the amount of the 

3 grant awarded by the Secretary, or $500,000, which4 ever is the lesser amount. 

5 ‘‘(2) WAIVER.—The Secretary shall waive the 

6 matching requirement for any eligible institution 

7 with no endowment, or an endowment that has a 

8 current dollar value as of the time of the application 

9 of less than $50,000,000. 

10 ‘‘(d) USES OF FUNDS.—An eligible institution shall 

11 use a grant awarded under this part—

12 ‘‘(1) to acquire equipment, instrumentation, 

13 networking capability, hardware and software, dig14 ital network technology, wireless technology, and in15 frastructure; 

16 ‘‘(2) to develop and provide educational serv17 ices, including faculty development, related to 

18 science, technology, engineering, and mathematics; 

19 ‘‘(3) to provide teacher preparation and profes20 sional development, library and media specialist 

21 training, and early childhood educator and teacher 

22 aide certification or licensure to individuals who seek 

23 to acquire or enhance technology skills in order to 

24 use technology in the classroom or instructional 

25 process to improve student achievement; 
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1 ‘‘(4) to form consortia or collaborative projects 

2 with a State, State educational agency, local edu3 cational agency, community-based organization, na4 tional nonprofit organization, or business, including 

5 a minority business, to provide education regarding 

6 technology in the classroom; 

7 ‘‘(5) to provide professional development in 

8 science, technology, engineering, or mathematics to 

9 administrators and faculty of eligible institutions 

10 with institutional responsibility for technology edu11 cation; 

12 ‘‘(6) to provide capacity-building technical as13 sistance to eligible institutions through remote tech14 nical support, technical assistance workshops, dis15 tance learning, new technologies, and other techno16 logical applications; and 

17 ‘‘(7) to foster the use of information commu18 nications technology to increase scientific, techno19 logical, engineering, and mathematical instruction 

20 and research. 

21 ‘‘(e) DATA COLLECTION.—An eligible institution that 

22 receives a grant under this part shall provide the Secretary 

23 with any relevant institutional statistical or demographic 

24 data requested by the Secretary. 
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1 ‘‘(f) INFORMATION DISSEMINATION.—The Secretary 

2 shall convene an annual meeting of eligible institutions re3 ceiving grants under this part for the purposes of—

4 ‘‘(1) fostering collaboration and capacity-build5 ing activities among eligible institutions; and 

6 ‘‘(2) disseminating information and ideas gen7 erated by such meetings. 

8 ‘‘(g) LIMITATION.—An eligible institution that re9 ceives a grant under this part that exceeds $2,500,000 

10 shall not be eligible to receive another grant under this 

11 part until every other eligible institution that has applied 

12 for a grant under this part has received such a grant. 

13 ‘‘SEC. 893. ANNUAL REPORT AND EVALUATION. 

14 ‘‘(a) ANNUAL REPORT REQUIRED FROM RECIPI15 ENTS.—Each eligible institution that receives a grant 

16 under this part shall provide an annual report to the Sec17 retary on the eligible institution’s use of the grant. 

18 ‘‘(b) EVALUATION BY SECRETARY.—The Secretary 

19 shall—

20 ‘‘(1) review the reports provided under sub21 section (a) each year; and 

22 ‘‘(2) evaluate the program authorized under 

23 this part on the basis of those reports every 2 years. 

24 ‘‘(c) CONTENTS OF EVALUATION.—The Secretary, in 

25 the evaluation under subsection (b), shall—
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1 ‘‘(1) describe the activities undertaken by the 

2 eligible institutions that receive grants under this 

3 part; and 

4 ‘‘(2) assess the short-range and long-range im5 pact of activities carried out under the grant on the 

6 students, faculty, and staff of the institutions. 

7 ‘‘(d) REPORT TO CONGRESS.—Not later than 3 years 

8 after the date of enactment of the Higher Education 

9 Amendments of 2007, the Secretary shall submit a report 

10 on the program supported under this part to the author11 izing committees that shall include such recommendations, 

12 including recommendations concerning the continuing 

13 need for Federal support of the program, as may be ap14 propriate. 

15 ‘‘SEC. 894. AUTHORIZATION OF APPROPRIATIONS. 

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

17 this part such sums as may be necessary for fiscal year 

18 2008 and each of the 5 succeeding fiscal years.’’. 

19 TITLE IX—AMENDMENTS TO 

20 OTHER LAWS 

21 PART A—EDUCATION OF THE DEAF ACT OF 1986

22 SEC. 901. LAURENT CLERC NATIONAL DEAF EDUCATION 

23 CENTER. 

24 Section 104 of the Education of the Deaf Act of 1986 

25 (20 U.S.C. 4304) is amended—
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1 (1) by striking the section heading and insert2 ing ‘‘LAURENT CLERC NATIONAL DEAF EDU3 CATION CENTER’’; 

4 (2) in subsection (a)(1)(A), by inserting ‘‘the 

5 Laurent Clerc National Deaf Education Center (re6 ferred to in this section as the ‘Clerc Center’) to 

7 carry out’’ after ‘‘maintain and operate’’; and 

8 (3) in subsection (b)—

9 (A) in the matter preceding subparagraph 

10 (A) of paragraph (1), by striking ‘‘elementary 

11 and secondary education programs’’ and insert12 ing ‘‘Clerc Center’’; 

13 (B) in paragraph (2), by striking ‘‘elemen14 tary and secondary education programs’’ and 

15 inserting ‘‘Clerc Center’’; and 

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

17 ‘‘(5) The University, for purposes of the elementary 

18 and secondary education programs carried out at the Clerc 

19 Center, shall—

20 ‘‘(A)(i) select challenging academic content 

21 standards, challenging student academic achieve22 ment standards, and academic assessments of a 

23 State, adopted and implemented, as appropriate, 

24 pursuant to paragraphs (1) and (3) of section 

25 1111(b) of the Elementary and Secondary Edu-
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1 cation Act of 1965 (20 U.S.C. 6311(b)(1) and (3)) 

2 and approved by the Secretary; and 

3 ‘‘(ii) implement such standards and assess4 ments for such programs by not later than the be5 ginning of the 2009–2010 academic year; 

6 ‘‘(B) annually determine whether such pro7 grams at the Clerc Center are making adequate 

8 yearly progress, as determined according to the defi9 nition of adequate yearly progress defined (pursuant 

10 to section 1111(b)(2)(C) of such Act (20 U.S.C. 

11 6311(b)(2)(C))) by the State that has adopted and 

12 implemented the standards and assessments selected 

13 under subparagraph (A)(i); and 

14 ‘‘(C) publicly report the results of the academic 

15 assessments implemented under subparagraph (A) 

16 and whether the programs at the Clerc Center are 

17 making adequate yearly progress, as determined 

18 under subparagraph (B).’’. 

19 SEC. 902. AGREEMENT WITH GALLAUDET UNIVERSITY. 

20 Section 105(b)(4) of the Education of the Deaf Act 

21 of 1986 (20 U.S.C. 4305(b)(4)) is amended—

22 (1) by striking ‘‘the Act of March 3, 1931 (40 

23 U.S.C. 276a–276a–5) commonly referred to as the 

24 Davis-Bacon Act’’ and inserting ‘‘subchapter IV of 
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1 chapter 31 of title 40, United States Code, com2 monly referred to as the Davis-Bacon Act’’; and 

3 (2) by striking ‘‘section 2 of the Act of June 

4 13, 1934 (40 U.S.C. 276c)’’ and inserting ‘‘section 

5 3145 of title 40, United States Code’’. 

6 SEC. 903. AGREEMENT FOR THE NATIONAL TECHNICAL IN7 STITUTE FOR THE DEAF. 

8 Section 112 of the Education of the Deaf Act of 1986 

9 (20 U.S.C. 4332) is amended—

10 (1) in subsection (a)—

11 (A) in paragraph (1)—

12 (i) in the first sentence—

13 (I) by striking ‘‘an institution of 

14 higher education’’ and inserting ‘‘the 

15 Rochester Institute of Technology, 

16 Rochester, New York’’; and 

17 (II) by striking ‘‘of a’’ and in18 serting ‘‘of the’’; and 

19 (ii) by striking the second sentence; 

20 (B) by redesignating paragraph (2) as 

21 paragraph (3); and 

22 (C) by inserting after paragraph (1) the 

23 following: 

24 ‘‘(2) If, pursuant to the agreement established 

25 under paragraph (1), either the Secretary or the 
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1 Rochester Institute of Technology terminates the 

2 agreement, the Secretary shall consider proposals 

3 from other institutions of higher education and enter 

4 into an agreement with one of those institutions for 

5 the establishment and operation of a National Tech6 nical Institution for the Deaf.’’; and 

7 (2) in subsection (b)—

8 (A) in paragraph (3), by striking ‘‘Com9 mittee on Labor and Human Resources of the 

10 Senate’’ and inserting ‘‘Committee on Health, 

11 Education, Labor, and Pensions of the Senate’’; 

12 and 

13 (B) in paragraph (5)—

14 (i) by striking ‘‘the Act of March 3, 

15 1931 (40 U.S.C. 276a–276a–5) commonly 

16 referred to as the Davis-Bacon Act’’ and 

17 inserting ‘‘subchapter IV of chapter 31 of 

18 title 40, United States Code, commonly re19 ferred to as the Davis-Bacon Act’’; and 

20 (ii) by striking ‘‘section 2 of the Act 

21 of June 13, 1934 (40 U.S.C. 276c)’’ and 

22 inserting ‘‘section 3145 of title 40, United 

23 States Code’’. 
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1 SEC. 904. CULTURAL EXPERIENCES GRANTS. 

2 (a) CULTURAL EXPERIENCES GRANTS.—Title I of 

3 the Education of the Deaf Act of 1986 (20 U.S.C. 4301 

4 et seq.) is amended by adding at the end the following: 

5 ‘‘PART C—OTHER PROGRAMS 

6 ‘‘SEC. 121. CULTURAL EXPERIENCES GRANTS. 

7 ‘‘(a) IN GENERAL.—The Secretary shall, on a com8 petitive basis, make grants to, and enter into contracts 

9 and cooperative agreements with, eligible entities to sup10 port the activities described in subsection (b). 

11 ‘‘(b) ACTIVITIES.—In carrying out this section, the 

12 Secretary shall support activities providing cultural experi13 ences, through appropriate nonprofit organizations with a 

14 demonstrated proficiency in providing such activities, 

15 that—

16 ‘‘(1) enrich the lives of deaf and hard-of-hear17 ing children and adults; 

18 ‘‘(2) increase public awareness and under19 standing of deafness and of the artistic and intellec20 tual achievements of deaf and hard-of-hearing per21 sons; or 

22 ‘‘(3) promote the integration of hearing, deaf, 

23 and hard-of-hearing persons through shared cul24 tural, educational, and social experiences. 

25 ‘‘(c) APPLICATIONS.—An eligible entity that desires 

26 to receive a grant, or enter into a contract or cooperative 
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1 agreement, under this section shall submit an application 

2 to the Secretary at such time, in such manner, and con3 taining such information as the Secretary may require. 

4 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated to carry out this section 

6 such sums as may be necessary for fiscal year 2008 and 

7 each of the 5 succeeding fiscal years.’’. 

8 (b) CONFORMING AMENDMENT.—The title heading 

9 of title I of the Education of the Deaf Act of 1986 (20 

10 U.S.C. 4301 et seq.) is amended by adding at the end 

11 ‘‘; OTHER PROGRAMS’’. 

12 SEC. 905. AUDIT. 

13 Section 203 of the Education of the Deaf Act of 1986 

14 (20 U.S.C. 4353) is amended—

15 (1) in subsection (b)—

16 (A) in paragraph (2), by striking ‘‘sec17 tions’’ and all that follows through the period 

18 and inserting ‘‘sections 102(b), 105(b)(4), 

19 112(b)(5), 203(c), 207(b)(2), subsections (c) 

20 through (f) of section 207, and subsections (b) 

21 and (c) of section 209.’’; and 

22 (B) in paragraph (3), by inserting ‘‘and 

23 the Committee on Education and Labor of the 

24 House of Representatives and the Committee 
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1 on Health, Education, Labor, and Pensions of 

2 the Senate’’ after ‘‘Secretary’’; and 

3 (2) in subsection (c)(2)(A), by striking ‘‘Com4 mittee on Labor and Human Resources of the Sen5 ate’’ and inserting ‘‘Committee on Health, Edu6 cation, Labor, and Pensions of the Senate’’. 

7 SEC. 906. REPORTS. 

8 Section 204 of the Education of the Deaf Act of 1986 

9 (20 U.S.C. 4354) is amended—

10 (1) in the matter preceding paragraph (1), by 

11 striking ‘‘Committee on Labor and Human Re12 sources of the Senate’’ and inserting ‘‘Committee on 

13 Health, Education, Labor, and Pensions of the Sen14 ate’’; 

15 (2) in paragraph (1), by striking ‘‘pre16 paratory,’’; 

17 (3) in paragraph (2)(C), by striking ‘‘upon 

18 graduation/completion’’ and inserting ‘‘on the date 

19 that is 1 year after the date of graduation or com20 pletion’’; and 

21 (4) in paragraph (3)(B), by striking ‘‘of the in22 stitution of higher education’’ and all that follows 

23 through the period and inserting ‘‘of NTID pro24 grams and activities.’’. 
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1 SEC. 907. MONITORING, EVALUATION, AND REPORTING. 

2 Section 205 of the Education of the Deaf Act of 1986 

3 (20 U.S.C. 4355) is amended—

4 (1) in subsection (b), by striking ‘‘The Sec5 retary, as part of the annual report required under 

6 section 426 of the Department of Education Organi7 zation Act, shall include a description of’’ and in8 serting ‘‘The Secretary shall annually transmit infor9 mation to Congress on’’; and 

10 (2) in subsection (c), by striking ‘‘fiscal years 

11 1998 through 2003’’ and inserting ‘‘fiscal years 

12 2008 through 2013’’. 

13 SEC. 908. LIAISON FOR EDUCATIONAL PROGRAMS. 

14 Section 206(a) of the Education of the Deaf Act of 

15 1986 (20 U.S.C. 4356(a)) is amended by striking ‘‘Not 

16 later than 30 days after the date of enactment of this Act, 

17 the’’ and inserting ‘‘The’’. 

18 SEC. 909. FEDERAL ENDOWMENT PROGRAMS FOR GAL19 LAUDET UNIVERSITY AND THE NATIONAL 

20 TECHNICAL INSTITUTE FOR THE DEAF. 

21 Section 207(h) of the Education of the Deaf Act of 

22 1986 (20 U.S.C. 4357(h)) is amended by striking ‘‘fiscal 

23 years 1998 through 2003’’ each place it appears and in24 serting ‘‘fiscal years 2008 through 2013’’. 
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1 SEC. 910. OVERSIGHT AND EFFECT OF AGREEMENTS. 

2 Section 208(a) of the Education of the Deaf Act of 

3 1986 (20 U.S.C. 4359(a)) is amended by striking ‘‘Com4 mittee on Labor and Human Resources of the Senate and 

5 the Committee on Education and the Workforce of the 

6 House of Representatives’’ and inserting ‘‘Committee on 

7 Education and Labor of the House of Representatives and 

8 the Committee on Health, Education, Labor, and Pen9 sions of the Senate’’. 

10 SEC. 911. INTERNATIONAL STUDENTS. 

11 Section 209 of the Education of the Deaf Act of 1986 

12 (20 U.S.C. 4359a) is amended—

13 (1) in subsection (a)—

14 (A) by striking ‘‘preparatory, under15 graduate,’’ and inserting ‘‘undergraduate’’; 

16 (B) by striking ‘‘Effective with’’ and in17 serting the following: 

18 ‘‘(1) IN GENERAL.—Except as provided in para19 graph (2), effective with’’; and 

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

21 ‘‘(2) DISTANCE LEARNING.—International stu22 dents who participate in distance learning courses 

23 that are at NTID or the University and who are re24 siding outside of the United States shall—

25 ‘‘(A) not be counted as international stu26 dents for purposes of the cap on international 
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1 students under paragraph (1), except that in 

2 any school year no United States citizen who 

3 applies to participate in distance learning 

4 courses that are at the University or NTID 

5 shall be denied participation in such courses be6 cause of the participation of an international 

7 student in such courses; and 

8 ‘‘(B) not be charged a tuition surcharge, 

9 as described in subsection (b).’’; and 

10 (2) by striking subsections (b), (c), and (d), and 

11 inserting the following: 

12 ‘‘(b) TUITION SURCHARGE.—Except as provided in 

13 subsections (a)(2)(B) and (c), the tuition for postsec14 ondary international students enrolled in the University 

15 (including undergraduate and graduate students) or 

16 NTID shall include, for academic year 2008–2009 and 

17 any succeeding academic year, a surcharge of—

18 ‘‘(1) 100 percent for a postsecondary inter19 national student from a non-developing country; and 

20 ‘‘(2) 50 percent for a postsecondary inter21 national student from a developing country. 

22 ‘‘(c) REDUCTION OF SURCHARGE.—

23 ‘‘(1) IN GENERAL.—Beginning with the aca24 demic year 2008–2009, the University or NTID may 

25 reduce the surcharge—
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1 ‘‘(A) under subsection (b)(1) from 100 

2 percent to not less than 50 percent if—

3 ‘‘(i) a student described under sub4 section (b)(1) demonstrates need; and 

5 ‘‘(ii) such student has made a good 

6 faith effort to secure aid through such stu7 dent’s government or other sources; and 

8 ‘‘(B) under subsection (b)(2) from 50 per9 cent to not less than 25 percent if—

10 ‘‘(i) a student described under sub11 section (b)(2) demonstrates need; and 

12 ‘‘(ii) such student has made a good 

13 faith effort to secure aid through such stu14 dent’s government or other sources. 

15 ‘‘(2) DEVELOPMENT OF SLIDING SCALE.—The 

16 University and NTID shall develop a sliding scale 

17 model that—

18 ‘‘(A) will be used to determine the amount 

19 of a tuition surcharge reduction pursuant to 

20 paragraph (1); and 

21 ‘‘(B) shall be approved by the Secretary. 

22 ‘‘(d) DEFINITION.—In this section, the term ‘devel23 oping country’ means a country with a per-capita income 

24 of not more than $4,825, measured in 1999 United States 
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1 dollars, as adjusted by the Secretary to reflect inflation 

2 since 1999.’’. 

3 SEC. 912. RESEARCH PRIORITIES. 

4 Section 210(b) of the Education of the Deaf Act of 

5 1986 (20 U.S.C. 4359b(b)) is amended by striking ‘‘Com6 mittee on Education and the Workforce of the House of 

7 Representatives, and the Committee on Labor and Human 

8 Resources of the Senate’’ and inserting ‘‘Committee on 

9 Education and Labor of the House of Representatives, 

10 and the Committee on Health, Education, Labor, and 

11 Pensions of the Senate’’. 

12 SEC. 913. AUTHORIZATION OF APPROPRIATIONS. 

13 Section 212 of the Education of the Deaf Act of 1986 

14 (20 U.S.C. 4360a) is amended—

15 (1) in subsection (a), in the matter preceding 

16 paragraph (1), by striking ‘‘fiscal years 1998 

17 through 2003’’ and inserting ‘‘fiscal years 2008 

18 through 2013’’; and 

19 (2) in subsection (b), by striking ‘‘fiscal years 

20 1998 through 2003’’ and inserting ‘‘fiscal years 

21 2008 through 2013’’. 
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1 PART B—UNITED STATES INSTITUTE OF PEACE 

2 ACT 

3 SEC. 921. UNITED STATES INSTITUTE OF PEACE ACT. 

4 (a) POWERS AND DUTIES.—Section 1705(b)(3) of 

5 the United States Institute of Peace Act (22 U.S.C. 

6 4604(b)(3)) is amended by striking ‘‘the Arms Control 

7 and Disarmament Agency,’’. 

8 (b) BOARD OF DIRECTORS.—Section 1706 of the 

9 United States Institute of Peace Act (22 U.S.C. 4605) 

10 is amended—

11 (1) by striking ‘‘(b)(5)’’ each place the term ap12 pears and inserting ‘‘(b)(4)’’; and 

13 (2) in subsection (e), by adding at the end the 

14 following: 

15 ‘‘(5) The term of a member of the Board shall 

16 not commence until the member is confirmed by the 

17 Senate and sworn in as a member of the Board.’’. 

18 (c) FUNDING.—Section 1710 of the United States In19 stitute of Peace Act (22 U.S.C. 4609) is amended—

20 (1) by striking ‘‘to be appropriated’’ and all 

21 that follows through the period at the end and in22 serting ‘‘to be appropriated such sums as may be 

23 necessary for fiscal years 2008 through 2013.’’; and 

24 (2) by adding at the end the following: 

25 ‘‘(d) EXTENSION.—Any authorization of appropria26 tions made for the purposes of carrying out this title shall 
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1 be extended in the same manner as applicable programs 

2 are extended under section 422 of the General Education 

3 Provisions Act.’’. 

4 PART C—THE HIGHER EDUCATION 

5 AMENDMENTS OF 1998

6 SEC. 931. REPEALS. 

7 The following provisions of title VIII of the Higher 

8 Education Amendments of 1998 (Public Law 105–244) 

9 are repealed: 

10 (1) Part A. 

11 (2) Part C (20 U.S.C. 1070 note). 

12 (3) Part F (20 U.S.C. 1862 note). 

13 (4) Part J. 

14 (5) Section 861. 

15 (6) Section 863. 

16 SEC. 932. GRANTS TO STATES FOR WORKPLACE AND COM17 MUNITY TRANSITION TRAINING FOR INCAR18 CERATED YOUTH OFFENDERS. 

19 Section 821 of the Higher Education Amendments of 

20 1998 (20 U.S.C. 1151) is amended to read as follows: 

21 ‘‘SEC. 821. GRANTS TO STATES FOR IMPROVED WORKPLACE 

22 AND COMMUNITY TRANSITION TRAINING FOR 

23 INCARCERATED YOUTH OFFENDERS. 

24 ‘‘(a) DEFINITION.—In this section, the term ‘youth 

25 offender’ means a male or female offender under the age 
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1 of 35, who is incarcerated in a State prison, including a 

2 prerelease facility. 

3 ‘‘(b) GRANT PROGRAM.—The Secretary of Education 

4 (in this section referred to as the ‘Secretary’)—

5 ‘‘(1) shall establish a program in accordance 

6 with this section to provide grants to the State cor7 rectional education agencies in the States, from allo8 cations for the States under subsection (h), to assist 

9 and encourage youth offenders to acquire functional 

10 literacy, life, and job skills, through—

11 ‘‘(A) the pursuit of a postsecondary edu12 cation certificate, or an associate or bachelor’s 

13 degree while in prison; and 

14 ‘‘(B) employment counseling and other re15 lated services which start during incarceration 

16 and end not later than 1 year after release from 

17 confinement; and 

18 ‘‘(2) may establish such performance objectives 

19 and reporting requirements for State correctional 

20 education agencies receiving grants under this sec21 tion as the Secretary determines are necessary to as22 sess the effectiveness of the program under this sec23 tion. 

24 ‘‘(c) APPLICATION.—To be eligible for a grant under 

25 this section, a State correctional education agency shall 
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1 submit to the Secretary a proposal for a youth offender 

2 program that—

3 ‘‘(1) identifies the scope of the problem, includ4 ing the number of youth offenders in need of post5 secondary education and vocational training; 

6 ‘‘(2) lists the accredited public or private edu7 cational institution or institutions that will provide 

8 postsecondary educational services; 

9 ‘‘(3) lists the cooperating agencies, public and 

10 private, or businesses that will provide related serv11 ices, such as counseling in the areas of career devel12 opment, substance abuse, health, and parenting 

13 skills; 

14 ‘‘(4) describes specific performance objectives 

15 and evaluation methods (in addition to, and con16 sistent with, any objectives established by the Sec17 retary under subsection (b)(2)) that the State cor18 rectional education agency will use in carrying out 

19 its proposal, including—

20 ‘‘(A) specific and quantified student out21 come measures that are referenced to outcomes 

22 for non-program participants with similar de23 mographic characteristics; and 
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1 ‘‘(B) measures, consistent with the data 

2 elements and definitions described in subsection 

3 (d)(1)(A), of—

4 ‘‘(i) program completion, including an 

5 explicit definition of what constitutes a 

6 program completion within the proposal; 

7 ‘‘(ii) knowledge and skill attainment, 

8 including specification of instruments that 

9 will measure knowledge and skill attain10 ment; 

11 ‘‘(iii) attainment of employment both 

12 prior to and subsequent to release; 

13 ‘‘(iv) success in employment indicated 

14 by job retention and advancement; and 

15 ‘‘(v) recidivism, including such sub16 indicators as time before subsequent of17 fense and severity of offense; 

18 ‘‘(5) describes how the proposed programs are 

19 to be integrated with existing State correctional edu20 cation programs (such as adult education, graduate 

21 education degree programs, and vocational training) 

22 and State industry programs; 

23 ‘‘(6) describes how the proposed programs will 

24 have considered or will utilize technology to deliver 

25 the services under this section; and 
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1 ‘‘(7) describes how students will be selected so 

2 that only youth offenders eligible under subsection 

3 (e) will be enrolled in postsecondary programs. 

4 ‘‘(d) PROGRAM REQUIREMENTS.—Each State correc5 tional education agency receiving a grant under this sec6 tion shall—

7 ‘‘(1) annually report to the Secretary regard8 ing—

9 ‘‘(A) the results of the evaluations con10 ducted using data elements and definitions pro11 vided by the Secretary for the use of State cor12 rectional education programs; 

13 ‘‘(B) any objectives or requirements estab14 lished by the Secretary pursuant to subsection 

15 (b)(2); and 

16 ‘‘(C) the additional performance objectives 

17 and evaluation methods contained in the pro18 posal described in subsection (c)(4) as nec19 essary to document the attainment of project 

20 performance objectives; and 

21 ‘‘(2) provide to each State for each student eli22 gible under subsection (e) not more than—

23 ‘‘(A) $3,000 annually for tuition, books, 

24 and essential materials; and 
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1 ‘‘(B) $300 annually for related services 

2 such as career development, substance abuse 

3 counseling, parenting skills training, and health 

4 education. 

5 ‘‘(e) STUDENT ELIGIBILITY.—A youth offender shall 

6 be eligible for participation in a program receiving a grant 

7 under this section if the youth offender—

8 ‘‘(1) is eligible to be released within 5 years (in9 cluding a youth offender who is eligible for parole 

10 within such time); 

11 ‘‘(2) is 35 years of age or younger; and 

12 ‘‘(3) has not been convicted of—

13 ‘‘(A) a ‘criminal offense against a victim 

14 who is a minor’ or a ‘sexually violent offense’, 

15 as such terms are defined in the Jacob 

16 Wetterling Crimes Against Children and Sexu17 ally Violent Offender Registration Act (42 

18 U.S.C. 14071 et seq.); or 

19 ‘‘(B) murder, as described in section 1111 

20 of title 18, United States Code. 

21 ‘‘(f) LENGTH OF PARTICIPATION.—A State correc22 tional education agency receiving a grant under this sec23 tion shall provide educational and related services to each 

24 participating youth offender for a period not to exceed 5 

25 years, 1 year of which may be devoted to study in a grad-
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1 uate education degree program or to remedial education 

2 services for students who have obtained a secondary school 

3 diploma or its recognized equivalent. Educational and re4 lated services shall start during the period of incarceration 

5 in prison or prerelease, and the related services may con6 tinue for not more than 1 year after release from confine7 ment. 

8 ‘‘(g) EDUCATION DELIVERY SYSTEMS.—State cor9 rectional education agencies and cooperating institutions 

10 shall, to the extent practicable, use high-tech applications 

11 in developing programs to meet the requirements and 

12 goals of this section. 

13 ‘‘(h) ALLOCATION OF FUNDS.—From the funds ap14 propriated pursuant to subsection (i) for each fiscal year, 

15 the Secretary shall allot to each State an amount that 

16 bears the same relationship to such funds as the total 

17 number of students eligible under subsection (e) in such 

18 State bears to the total number of such students in all 

19 States. 

20 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated to carry out this section 

22 such sums as may be necessary for fiscal years 2008 

23 through 2013.’’. 
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1 SEC. 933. UNDERGROUND RAILROAD EDUCATIONAL AND 

2 CULTURAL PROGRAM. 

3 Section 841(c) of the Higher Education Amendments 

4 of 1998 (20 U.S.C. 1153(c)) is amended by striking ‘‘this 

5 section’’ and all that follows through the period at the end 

6 and inserting ‘‘this section such sums as may be necessary 

7 for fiscal years 2008 through 2013.’’. 

8 SEC. 934. OLYMPIC SCHOLARSHIPS UNDER THE HIGHER 

9 EDUCATION AMENDMENTS OF 1992. 

10 Section 1543(d) of the Higher Education Amend11 ments of 1992 (20 U.S.C. 1070 note) is amended by strik12 ing ‘‘to be appropriated’’ and all that follows through the 

13 period at the end and inserting ‘‘to be appropriated such 

14 sums as may be necessary for fiscal years 2008 through 

15 2013.’’. 

16 PART D—INDIAN EDUCATION 

17 Subpart 1—Tribal Colleges and Universities 

18 SEC. 941. REAUTHORIZATION OF THE TRIBALLY CON19 TROLLED COLLEGE OR UNIVERSITY ASSIST20 ANCE ACT OF 1978. 

21 (a) CLARIFICATION OF THE DEFINITION OF NA22 TIONAL INDIAN ORGANIZATION.—Section 2(a)(6) of the 

23 Tribally Controlled College or University Assistance Act 

24 of 1978 (25 U.S.C. 1801(a)(6)) is amended by striking 

25 ‘‘in the field of Indian education’’ and inserting ‘‘in the 
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1 fields of tribally controlled colleges and universities and 

2 Indian higher education’’. 

3 (b) INDIAN STUDENT COUNT.—Section 2(a) of the 

4 Tribally Controlled College or University Assistance Act 

5 of 1978 (25 U.S.C. 1801(a)) is amended—

6 (1) by redesignating paragraphs (7) and (8) as 

7 paragraphs (8) and (9), respectively; and 

8 (2) by inserting after paragraph (6) the fol9 lowing: 

10 ‘‘(7) ‘Indian student’ means a student who is—

11 ‘‘(A) a member of an Indian tribe; or 

12 ‘‘(B) a biological child of a member of an 

13 Indian tribe, living or deceased;’’. 

14 (c) CONTINUING EDUCATION.—Section 2(b) of the 

15 Tribally Controlled College or University Assistance Act 

16 of 1978 (25 U.S.C. 1801(b)) is amended—

17 (1) in the matter preceding paragraph (1), by 

18 striking ‘‘paragraph (7) of subsection (a)’’ and in19 serting ‘‘subsection (a)(8)’’; 

20 (2) by striking paragraph (5) and inserting the 

21 following: 

22 ‘‘(5) DETERMINATION OF CREDITS.—Eligible 

23 credits earned in a continuing education program—

24 ‘‘(A) shall be determined as 1 credit for 

25 every 10 contact hours in the case of an institu-
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1 tion on a quarter system, or 15 contact hours 

2 in the case of an institution on a semester sys3 tem, of participation in an organized continuing 

4 education experience under responsible sponsor5 ship, capable direction, and qualified instruc6 tion, as described in the criteria established by 

7 the International Association for Continuing 

8 Education and Training; and 

9 ‘‘(B) shall be limited to 10 percent of the 

10 Indian student count of a tribally controlled col11 lege or university.’’; and 

12 (3) by striking paragraph (6). 

13 (d) ACCREDITATION REQUIREMENT.—Section 103 of 

14 the Tribally Controlled College or University Assistance 

15 Act of 1978 (25 U.S.C. 1804) is amended—

16 (1) in paragraph (2), by striking ‘‘and’’ at the 

17 end; 

18 (2) in paragraph (3), by striking the period at 

19 the end and inserting ‘‘; and’’; and 

20 (3) by inserting after paragraph (3), the fol21 lowing: 

22 ‘‘(4)(A) is accredited by a nationally recognized 

23 accrediting agency or association determined by the 

24 Secretary of Education to be a reliable authority 

25 with regard to the quality of training offered; or 
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1 ‘‘(B) according to such an agency or associa2 tion, is making reasonable progress toward accredi3 tation.’’. 

4 (e) TECHNICAL ASSISTANCE CONTRACTS.—Section 

5 105 of the Tribally Controlled College or University As6 sistance Act of 1978 (25 U.S.C. 1805) is amended—

7 (1) by striking the section designation and 

8 heading and all that follows through ‘‘The Secretary 

9 shall’’ and inserting the following: 

10 ‘‘SEC. 105. TECHNICAL ASSISTANCE CONTRACTS. 

11 ‘‘(a) TECHNICAL ASSISTANCE.—

12 ‘‘(1) IN GENERAL.—The Secretary shall’’; 

13 (2) in the second sentence, by striking ‘‘In the 

14 awarding of contracts for technical assistance, pref15 erence shall be given’’ and inserting the following: 

16 ‘‘(2) DESIGNATED ORGANIZATION.—The Sec17 retary shall require that a contract for technical as18 sistance under paragraph (1) shall be awarded’’; and 

19 (3) in the third sentence, by striking ‘‘No au20 thority’’ and inserting the following: 

21 ‘‘(b) EFFECT OF SECTION.—No authority’’. 

22 (f) AMOUNT OF GRANTS.—Section 108(a) of the 

23 Tribally Controlled College or University Assistance Act 

24 of 1978 (25 U.S.C. 1808(a)) is amended—
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1 (1) by redesignating paragraphs (1) and (2) as 

2 subparagraphs (A) and (B), respectively, and indent3 ing the subparagraphs appropriately; 

4 (2) by striking ‘‘(a) Except as provided in sec5 tion 111,’’ and inserting the following: 

6 ‘‘(a) REQUIREMENT.—

7 ‘‘(1) IN GENERAL.—Except as provided in para8 graph (2) and section 111,’’; 

9 (3) in paragraph (1) (as redesignated by para10 graphs (1) and (2))—

11 (A) in the matter preceding subparagraph 

12 (A) (as redesignated by paragraph (1))—

13 (i) by striking ‘‘him’’ and inserting 

14 ‘‘the Secretary’’; and 

15 (ii) by striking ‘‘product of’’ and in16 serting ‘‘product obtained by multiplying’’; 

17 (B) in subparagraph (A) (as redesignated 

18 by paragraph (1)), by striking ‘‘section 2(a)(7)’’ 

19 and inserting ‘‘section 2(a)(8)’’; and 

20 (C) in subparagraph (B) (as redesignated 

21 by paragraph (1)), by striking ‘‘$6,000,’’ and 

22 inserting ‘‘$8,000, as adjusted annually for in23 flation.’’; and 

24 (4) by striking ‘‘except that no grant shall ex25 ceed the total cost of the education program pro-
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1 vided by such college or university.’’ and inserting 

2 the following: 

3 ‘‘(2) EXCEPTION.—The amount of a grant 

4 under paragraph (1) shall not exceed an amount 

5 equal to the total cost of the education program pro6 vided by the applicable tribally controlled college or 

7 university.’’. 

8 (g) GENERAL PROVISIONS REAUTHORIZATION.—Sec9 tion 110(a) of the Tribally Controlled College or Univer10 sity Assistance Act of 1978 (25 U.S.C. 1810(a)) is amend11 ed—

12 (1) in paragraphs (1), (2), (3), and (4), by 

13 striking ‘‘1999’’ and inserting ‘‘2008’’; 

14 (2) in paragraphs (1), (2), and (3), by striking 

15 ‘‘4 succeeding’’ and inserting ‘‘5 succeeding’’; 

16 (3) in paragraph (2), by striking 

17 ‘‘$40,000,000’’ and inserting ‘‘such sums as may be 

18 necessary’’; 

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

20 ‘‘$10,000,000’’ and inserting ‘‘such sums as may be 

21 necessary’’; and 

22 (5) in paragraph (4), by striking ‘‘succeeding 

23 4’’ and inserting ‘‘5 succeeding’’. 

24 (h) ENDOWMENT PROGRAM REAUTHORIZATION.—

25 Section 306(a) of the Tribally Controlled College or Uni-
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1 versity Assistance Act of 1978 (25 U.S.C. 1836(a)) is 

2 amended—

3 (1) by striking ‘‘1999’’ and inserting ‘‘2008’’; 

4 and 

5 (2) by striking ‘‘4 succeeding’’ and inserting ‘‘5 

6 succeeding’’. 

7 (i) TRIBAL ECONOMIC DEVELOPMENT REAUTHOR8 IZATION.—Section 403 of the Tribal Economic Develop9 ment and Technology Related Education Assistance Act 

10 of 1990 (25 U.S.C. 1852) is amended—

11 (1) by striking ‘‘$2,000,000 for fiscal year 

12 1999’’ and inserting ‘‘such sums as may be nec13 essary for fiscal year 2008’’; and 

14 (2) by striking ‘‘4 succeeding’’ and inserting ‘‘5 

15 succeeding’’. 

16 (j) TRIBALLY CONTROLLED POSTSECONDARY CA17 REER AND TECHNICAL INSTITUTIONS.—

18 (1) IN GENERAL.—The Tribally Controlled Col19 lege or University Assistance Act of 1978 (25 U.S.C. 

20 1801 et seq.) is amended by adding at the end the 

21 following: 
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1 ‘‘Subtitle V—Tribally Controlled 

2 Postsecondary Career and Tech3 nical Institutions 

4 ‘‘SEC. 501. DEFINITION OF TRIBALLY CONTROLLED POST5 SECONDARY CAREER AND TECHNICAL INSTI6 TUTION. 

7 ‘‘In this title, the term ‘tribally controlled postsec8 ondary career and technical institution’ has the meaning 

9 given the term in section 3 of the Carl D. Perkins Career 

10 and Technical Education Act of 2006 (20 U.S.C. 2302). 

11 ‘‘SEC. 502. TRIBALLY CONTROLLED POSTSECONDARY CA12 REER AND TECHNICAL INSTITUTIONS PRO13 GRAM. 

14 ‘‘(a) IN GENERAL.—Subject to the availability of ap15 propriations, for fiscal year 2008 and each fiscal year 

16 thereafter, the Secretary shall—

17 ‘‘(1) subject to subsection (b), select 2 tribally 

18 controlled postsecondary career and technical insti19 tutions to receive assistance under this title; and 

20 ‘‘(2) provide funding to the selected tribally 

21 controlled postsecondary career and technical insti22 tutions to pay the costs (including institutional sup23 port costs) of operating postsecondary career and 

24 technical education programs for Indian students at 
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1 the tribally controlled postsecondary career and tech2 nical institutions. 

3 ‘‘(b) SELECTION OF CERTAIN INSTITUTIONS.—

4 ‘‘(1) REQUIREMENT.—For each fiscal year dur5 ing which the Secretary determines that a tribally 

6 controlled postsecondary career and technical insti7 tution described in paragraph (2) meets the defini8 tion referred to in section 501, the Secretary shall 

9 select that tribally controlled postsecondary career 

10 and technical institution under subsection (a)(1) to 

11 receive funding under this section. 

12 ‘‘(2) INSTITUTIONS.—The 2 tribally controlled 

13 postsecondary career and technical institutions re14 ferred to in paragraph (1) are—

15 ‘‘(A) the United Tribes Technical College; 

16 and 

17 ‘‘(B) the Navajo Technical College. 

18 ‘‘(c) METHOD OF PAYMENT.—For each applicable 

19 fiscal year, the Secretary shall provide funding under this 

20 section to each tribally controlled postsecondary career 

21 and technical institution selected for the fiscal year under 

22 subsection (a)(1) in a lump sum payment for the fiscal 

23 year. 

24 ‘‘(d) DISTRIBUTION.—
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1 ‘‘(1) IN GENERAL.—For fiscal year 2009 and 

2 each fiscal year thereafter, of amounts made avail3 able pursuant to section 504, the Secretary shall dis4 tribute to each tribally controlled postsecondary ca5 reer and technical institution selected for the fiscal 

6 year under subsection (a)(1) an amount equal to the 

7 greater of—

8 ‘‘(A) the total amount appropriated for the 

9 tribally controlled postsecondary career and 

10 technical institution for fiscal year 2006; or 

11 ‘‘(B) the total amount appropriated for the 

12 tribally controlled postsecondary career and 

13 technical institution for fiscal year 2008. 

14 ‘‘(2) EXCESS AMOUNTS.—If, for any fiscal year, 

15 the amount made available pursuant to section 504 

16 exceeds the sum of the amounts required to be dis17 tributed under paragraph (1) to the tribally con18 trolled postsecondary career and technical institu19 tions selected for the fiscal year under subsection 

20 (a)(1), the Secretary shall distribute to each tribally 

21 controlled postsecondary career and technical insti22 tution selected for that fiscal year a portion of the 

23 excess amount, to be determined by—

24 ‘‘(A) dividing the excess amount by the ag25 gregate Indian student count (as defined in sec-
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1 tion 117(h) of the Carl D. Perkins Career and 

2 Technical Education Act of 2006 (20 U.S.C. 

3 2327(h)) of such institutions for the prior aca4 demic year; and 

5 ‘‘(B) multiplying the quotient described in 

6 subparagraph (A) by the Indian student count 

7 of each such institution for the prior academic 

8 year. 

9 ‘‘SEC. 503. APPLICABILITY OF OTHER LAWS. 

10 ‘‘(a) IN GENERAL.—Paragraphs (4) and (7) of sub11 section (a), and subsection (b), of section 2, sections 105, 

12 108, 111, 112 and 113, and titles II, III, and IV shall 

13 not apply to this title. 

14 ‘‘(b) INDIAN SELF-DETERMINATION AND EDU15 CATION ASSISTANCE.—Funds made available pursuant to 

16 this title shall be subject to the Indian Self-Determination 

17 and Education Assistance Act (25 U.S.C. 450 et seq.). 

18 ‘‘(c) ELECTION TO RECEIVE.—A tribally controlled 

19 postsecondary career and technical institution selected for 

20 a fiscal year under section 502(b) may elect to receive 

21 funds pursuant to section 502 in accordance with an 

22 agreement between the tribally controlled postsecondary 

23 career and technical institution and the Secretary under 

24 the Indian Self-Determination and Education Assistance 

25 Act (25 U.S.C. 450 et seq.) if the agreement is in exist-
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1 ence on the date of enactment of the Higher Education 

2 Amendments of 2007. 

3 ‘‘(d) OTHER ASSISTANCE.—Eligibility for, or receipt 

4 of, assistance under this title shall not preclude the eligi5 bility of a tribally controlled postsecondary career and 

6 technical institutions to receive Federal financial assist7 ance under—

8 ‘‘(1) any program under the Higher Education 

9 Act of 1965 (20 U.S.C. 1001 et seq.); 

10 ‘‘(2) any program under the Carl D. Perkins 

11 Career and Technical Education Act of 2006; or 

12 ‘‘(3) any other applicable program under which 

13 a benefit is provided for—

14 ‘‘(A) institutions of higher education; 

15 ‘‘(B) community colleges; or 

16 ‘‘(C) postsecondary educational institu17 tions. 

18 ‘‘SEC. 504. AUTHORIZATION OF APPROPRIATIONS. 

19 ‘‘There are authorized to be appropriated such sums 

20 as are necessary for fiscal year 2008 and each fiscal year 

21 thereafter to carry out this title.’’. 

22 (2) CONFORMING AMENDMENTS.—Section 117 

23 of the Carl D. Perkins Career and Technical Edu24 cation Act of 2006 (20 U.S.C. 2327) is amended—
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1 (A) by striking subsection (a) and insert2 ing the following: 

3 ‘‘(a) GRANT PROGRAM.—Subject to the availability of 

4 appropriations, the Secretary shall make grants under this 

5 section, to provide basic support for the education and 

6 training of Indian students, to tribally controlled postsec7 ondary career and technical institutions that are not re8 ceiving Federal assistance as of the date on which the 

9 grant is provided under—

10 ‘‘(1) title I of the Tribally Controlled College or 

11 University Assistance Act of 1978 (25 U.S.C. 1802 

12 et seq.); or 

13 ‘‘(2) the Navajo Community College Act (25 

14 U.S.C. 640a et seq.).’’; and 

15 (B) by striking subsection (d) and insert16 ing the following: 

17 ‘‘(d) APPLICATIONS.—To be eligible to receive a 

18 grant under this section, a tribally controlled postsec19 ondary career and technical institution that is not receiv20 ing Federal assistance under title I of the Tribally Con21 trolled College or University Assistance Act (25 U.S.C. 

22 1802 et seq.) or the Navajo Community College Act (25 

23 U.S.C. 640a et seq.) shall submit to the Secretary an ap24 plication at such time, in such manner, and containing 

25 such information as the Secretary may require.’’. 
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1 (k) SHORT TITLE.—

2 (1) IN GENERAL.—The first section of the Trib3 ally Controlled College or University Assistance Act 

4 of 1978 (25 U.S.C. 1801 note; Public Law 95–471) 

5 is amended to read as follows: 

6 ‘‘SECTION 1. SHORT TITLE. 

7 ‘‘This Act may be cited as the ‘Tribally Controlled 

8 Colleges and Universities Assistance Act of 1978’.’’. 

9 (2) REFERENCES.—Any reference in law (in10 cluding regulations) to the Tribally Controlled Col11 lege or University Assistance Act of 1978 shall be 

12 considered to be a reference to the ‘‘Tribally Con13 trolled Colleges and Universities Assistance Act of 

14 1978’’. 

15 Subpart 2—Navajo Higher Education 

16 SEC. 945. SHORT TITLE. 

17 This subpart may be cited as the ‘‘Navajo Nation 

18 Higher Education Act of 2006’’. 

19 SEC. 946. REAUTHORIZATION OF NAVAJO COMMUNITY COL20 LEGE ACT. 

21 (a) PURPOSE.—Section 2 of the Navajo Community 

22 College Act (25 U.S.C. 640a) is amended—

23 (1) by striking ‘‘Navajo Tribe of Indians’’ and 

24 inserting ‘‘Navajo Nation’’; and 
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1 (2) by striking ‘‘the Navajo Community Col2 lege’’ and inserting ‘‘Dine ́ College’’. 

3 (b) GRANTS.—Section 3 of the Navajo Community 

4 College Act (25 U.S.C. 640b) is amended—

5 (1) in the first sentence—

6 (A) by inserting ‘‘the’’ before ‘‘Interior’’; 

7 (B) by striking ‘‘Navajo Tribe of Indians’’ 

8 and inserting ‘‘Navajo Nation’’; and 

9 (C) by striking ‘‘the Navajo Community 

10 College’’ and inserting ‘‘Dine ́ College’’; and 

11 (2) in the second sentence—

12 (A) by striking ‘‘Navajo Tribe’’ and insert13 ing ‘‘Navajo Nation’’; and 

14 (B) by striking ‘‘Navajo Indians’’ and in15 serting ‘‘Navajo people’’. 

16 (c) STUDY OF FACILITIES NEEDS.—Section 4 of the 

17 Navajo Community College Act (25 U.S.C. 640c) is 

18 amended—

19 (1) in subsection (a)—

20 (A) in the first sentence—

21 (i) by striking ‘‘the Navajo Commu22 nity College’’ and inserting ‘‘Dine College’’; 

23 and 

24 (ii) by striking ‘‘August 1, 1979’’ and 

25 inserting ‘‘October 31, 2010’’; and 
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1 (B) in the second sentence, by striking 

2 ‘‘Navajo Tribe’’ and inserting ‘‘Navajo Nation’’; 

3 (2) in subsection (b), by striking ‘‘the date of 

4 enactment of the Tribally Controlled Community 

5 College Assistance Act of 1978’’ and inserting ‘‘Oc6 tober 1, 2007’’; and 

7 (3) in subsection (c), in the first sentence, by 

8 striking ‘‘the Navajo Community College’’ and in9 serting ‘‘Dine ́ College’’. 

10 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

11 5 of the Navajo Community College Act (25 U.S.C. 640c–

12 1) is amended—

13 (1) in subsection (a)—

14 (A) in paragraph (1), by striking 

15 ‘‘$2,000,000’’ and all that follows through the 

16 end of the paragraph and inserting ‘‘such sums 

17 as are necessary for fiscal years 2008 through 

18 2013.’’; and 

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

20 ‘‘(3) Sums described in paragraph (2) shall be used 

21 to provide grants for construction activities, including the 

22 construction of buildings, water and sewer facilities, roads, 

23 information technology and telecommunications infra24 structure, classrooms, and external structures (such as 

25 walkways).’’; 
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1 (2) in subsection (b)(1)—

2 (A) in the matter preceding subparagraph 

3 (A)—

4 (i) by striking ‘‘the Navajo Commu5 nity College’’ and inserting ‘‘Dine ́ College’’; 

6 and 

7 (ii) by striking ‘‘, for each fiscal year’’ 

8 and all that follows through ‘‘for—’’ and 

9 inserting ‘‘such sums as are necessary for 

10 fiscal years 2008 through 2013 to pay the 

11 cost of—’’; 

12 (B) in subparagraph (A)—

13 (i) by striking ‘‘college’’ and inserting 

14 ‘‘College’’; 

15 (ii) in clauses (i) and (iii), by striking 

16 the commas at the ends of the clauses and 

17 inserting semicolons; and 

18 (iii) in clause (ii), by striking ‘‘, and’’ 

19 at the end and inserting ‘‘; and’’; 

20 (C) in subparagraph (B), by striking the 

21 comma at the end and inserting a semicolon; 

22 (D) in subparagraph (C), by striking ‘‘, 

23 and’’ at the end and inserting a semicolon; 

24 (E) in subparagraph (D), by striking the 

25 period at the end and inserting ‘‘; and’’; and 
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1 (F) by adding at the end the following: 

2 ‘‘(E) improving and expanding the College, 

3 including by providing, for the Navajo people 

4 and others in the community of the College—

5 ‘‘(i) higher education programs; 

6 ‘‘(ii) career and technical education; 

7 ‘‘(iii) activities relating to the preser8 vation and protection of the Navajo lan9 guage, philosophy, and culture; 

10 ‘‘(iv) employment and training oppor11 tunities; 

12 ‘‘(v) economic development and com13 munity outreach; and 

14 ‘‘(vi) a safe learning, working, and liv15 ing environment.’’; and 

16 (3) in subsection (c), by striking ‘‘the Navajo 

17 Community College’’ and inserting ‘‘Dine ́ College’’. 

18 (e) EFFECT ON OTHER LAWS.—Section 6 of the 

19 Navajo Community College Act (25 U.S.C. 640c–2) is 

20 amended—

21 (1) by striking ‘‘the Navajo Community Col22 lege’’ each place it appears and inserting ‘‘Dine ́ Col23 lege’’; and 

24 (2) in subsection (b), by striking ‘‘college’’ and 

25 inserting ‘‘College’’. 
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1 (f) PAYMENTS; INTEREST.—Section 7 of the Navajo 

2 Community College Act (25 U.S.C. 640c–3) is amended 

3 by striking ‘‘the Navajo Community College’’ each place 

4 it appears and inserting ‘‘Dine ́ College’’. 

5 ‘‘SEC. 428L. LOAN REPAYMENT FOR CIVIL LEGAL ASSIST6 ANCE ATTORNEYS. 

7 ‘‘(a) PURPOSE.—The purpose of this section is to en8 courage qualified individuals to enter and continue em9 ployment as civil legal assistance attorneys. 

10 ‘‘(b) DEFINITIONS.—In this section: 

11 ‘‘(1) CIVIL LEGAL ASSISTANCE ATTORNEY.—

12 The term ‘civil legal assistance attorney’ means an 

13 attorney who—

14 ‘‘(A) is a full-time employee of a nonprofit 

15 organization that provides legal assistance with 

16 respect to civil matters to low-income individ17 uals without a fee; 

18 ‘‘(B) as such employee, provides civil legal 

19 assistance as described in subparagraph (A) on 

20 a full-time basis; and 

21 ‘‘(C) is continually licensed to practice law. 

22 ‘‘(2) STUDENT LOAN.—The term ‘student loan’ 

23 means—
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1 ‘‘(A) subject to subparagraph (B), a loan 

2 made, insured, or guaranteed under part B, D, 

3 or E of this title; and 

4 ‘‘(B) a loan made under section 428C or 

5 455(g), to the extent that such loan was used 

6 to repay—

7 ‘‘(i) a Federal Direct Stafford Loan, a 

8 Federal Direct Unsubsidized Stafford 

9 Loan, or a Federal Direct PLUS Loan; 

10 ‘‘(ii) a loan made under section 428, 

11 428B, or 428H; or 

12 ‘‘(iii) a loan made under part E. 

13 ‘‘(c) PROGRAM AUTHORIZED.—The Secretary shall 

14 carry out a program of assuming the obligation to repay 

15 a student loan, by direct payments on behalf of a borrower 

16 to the holder of such loan, in accordance with subsection 

17 (d), for any borrower who—

18 ‘‘(1) is employed as a civil legal assistance at19 torney; and 

20 ‘‘(2) is not in default on a loan for which the 

21 borrower seeks repayment. 

22 ‘‘(d) TERMS OF AGREEMENT.—

23 ‘‘(1) IN GENERAL.—To be eligible to receive re24 payment benefits under subsection (c), a borrower 
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1 shall enter into a written agreement with the Sec2 retary that specifies that—

3 ‘‘(A) the borrower will remain employed as 

4 a civil legal assistance attorney for a required 

5 period of service of not less than 3 years, unless 

6 involuntarily separated from that employment; 

7 ‘‘(B) if the borrower is involuntarily sepa8 rated from employment on account of mis9 conduct, or voluntarily separates from employ10 ment, before the end of the period specified in 

11 the agreement, the borrower will repay the Sec12 retary the amount of any benefits received by 

13 such employee under this agreement; 

14 ‘‘(C) if the borrower is required to repay 

15 an amount to the Secretary under subpara16 graph (B) and fails to repay such amount, a 

17 sum equal to that amount shall be recoverable 

18 by the Federal Government from the employee 

19 by such methods as are provided by law for the 

20 recovery of amounts owed to the Federal Gov21 ernment; 

22 ‘‘(D) the Secretary may waive, in whole or 

23 in part, a right of recovery under this sub24 section if it is shown that recovery would be 
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1 against equity and good conscience or against 

2 the public interest; and 

3 ‘‘(E) the Secretary shall make student loan 

4 payments under this section for the period of 

5 the agreement, subject to the availability of ap6 propriations. 

7 ‘‘(2) REPAYMENTS.—

8 ‘‘(A) IN GENERAL.—Any amount repaid 

9 by, or recovered from, an individual under this 

10 subsection shall be credited to the appropriation 

11 account from which the amount involved was 

12 originally paid. 

13 ‘‘(B) MERGER.—Any amount credited 

14 under subparagraph (A) shall be merged with 

15 other sums in such account and shall be avail16 able for the same purposes and period, and sub17 ject to the same limitations, if any, as the sums 

18 with which the amount was merged. 

19 ‘‘(3) LIMITATIONS.—

20 ‘‘(A) STUDENT LOAN PAYMENT

21 AMOUNT.—Student loan repayments made by 

22 the Secretary under this section shall be made 

23 subject to such terms, limitations, or conditions 

24 as may be mutually agreed upon by the bor25 rower and the Secretary in an agreement under 
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1 paragraph (1), except that the amount paid by 

2 the Secretary under this section shall not ex3 ceed—

4 ‘‘(i) $6,000 for any borrower in any 

5 calendar year; or 

6 ‘‘(ii) an aggregate total of $40,000 in 

7 the case of any borrower. 

8 ‘‘(B) BEGINNING OF PAYMENTS.—Nothing 

9 in this section shall authorize the Secretary to 

10 pay any amount to reimburse a borrower for 

11 any repayments made by such borrower prior to 

12 the date on which the Secretary entered into an 

13 agreement with the borrower under this sub14 section. 

15 ‘‘(e) ADDITIONAL AGREEMENTS.—

16 ‘‘(1) IN GENERAL.—On completion of the re17 quired period of service under an agreement under 

18 subsection (d), the borrower and the Secretary may, 

19 subject to paragraph (2), enter into an additional 

20 agreement in accordance with subsection (d). 

21 ‘‘(2) TERM.—An agreement entered into under 

22 paragraph (1) may require the borrower to remain 

23 employed as a civil legal assistance attorney for less 

24 than 3 years. 

25 ‘‘(f) AWARD BASIS; PRIORITY.—
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1 ‘‘(1) AWARD BASIS.—Subject to paragraph (2), 

2 the Secretary shall provide repayment benefits under 

3 this section on a first-come, first-served basis, and 

4 subject to the availability of appropriations. 

5 ‘‘(2) PRIORITY.—The Secretary shall give pri6 ority in providing repayment benefits under this sec7 tion in any fiscal year to a borrower who—

8 ‘‘(A) has practiced law for 5 years or less 

9 and, for at least 90 percent of the time in such 

10 practice, has served as a civil legal assistance 

11 attorney; 

12 ‘‘(B) received repayment benefits under 

13 this section during the preceding fiscal year; 

14 and 

15 ‘‘(C) has completed less than 3 years of 

16 the first required period of service specified for 

17 the borrower in an agreement entered into 

18 under subsection (d). 

19 ‘‘(g) REGULATIONS.—The Secretary is authorized to 

20 issue such regulations as may be necessary to carry out 

21 the provisions of this section. 

22 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated to carry out this section 

24 $10,000,000 for fiscal year 2008 and such sums as may 

25 be necessary for each succeeding fiscal year.’’. 
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1 PART E—OMNIBUS CRIME CONTROL AND SAFE 

2 STREETS ACT OF 1968

3 SEC. 951. SHORT TITLE. 

4 This part may be cited as the ‘‘John R. Justice Pros5 ecutors and Defenders Incentive Act of 2007’’. 

6 SEC. 952. LOAN REPAYMENT FOR PROSECUTORS AND DE7 FENDERS. 

8 Title I of the Omnibus Crime Control and Safe 

9 Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended 

10 by inserting after part II (42 U.S.C. 3797cc et seq.) the 

11 following: 

12 ‘‘PART JJ—LOAN REPAYMENT FOR 

13 PROSECUTORS AND PUBLIC DEFENDERS 

14 ‘‘SEC. 3001. GRANT AUTHORIZATION. 

15 ‘‘(a) PURPOSE.—The purpose of this section is to en16 courage qualified individuals to enter and continue em17 ployment as prosecutors and public defenders. 

18 ‘‘(b) DEFINITIONS.—In this section: 

19 ‘‘(1) PROSECUTOR.—The term ‘prosecutor’ 

20 means a full-time employee of a State or local agen21 cy who—

22 ‘‘(A) is continually licensed to practice law; 

23 and 

24 ‘‘(B) prosecutes criminal or juvenile delin25 quency cases at the State or local level (includ-
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1 ing supervision, education, or training of other 

2 persons prosecuting such cases).

3 ‘‘(2) PUBLIC DEFENDER.—The term ‘public de4 fender’ means an attorney who—

5 ‘‘(A) is continually licensed to practice law; 

6 and 

7 ‘‘(B) is—

8 ‘‘(i) a full-time employee of a State or 

9 local agency who provides legal representa10 tion to indigent persons in criminal or ju11 venile delinquency cases (including super12 vision, education, or training of other per13 sons providing such representation); 

14 ‘‘(ii) a full-time employee of a non15 profit organization operating under a con16 tract with a State or unit of local govern17 ment, who devotes substantially all of his 

18 or her full-time employment to providing 

19 legal representation to indigent persons in 

20 criminal or juvenile delinquency cases, (in21 cluding supervision, education, or training 

22 of other persons providing such representa23 tion); or 

24 ‘‘(iii) employed as a full-time Federal 

25 defender attorney in a defender organiza-
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1 tion established pursuant to subsection (g) 

2 of section 3006A of title 18, United States 

3 Code, that provides legal representation to 

4 indigent persons in criminal or juvenile de5 linquency cases. 

6 ‘‘(3) STUDENT LOAN.—The term ‘student loan’ 

7 means—

8 ‘‘(A) a loan made, insured, or guaranteed 

9 under part B of title IV of the Higher Edu10 cation Act of 1965 (20 U.S.C. 1071 et seq.); 

11 ‘‘(B) a loan made under part D or E of 

12 title IV of the Higher Education Act of 1965 

13 (20 U.S.C. 1087a et seq. and 1087aa et seq.); 

14 and 

15 ‘‘(C) a loan made under section 428C or 

16 455(g) of the Higher Education Act of 1965 

17 (20 U.S.C. 1078–3 and 1087e(g)) to the extent 

18 that such loan was used to repay a Federal Di19 rect Stafford Loan, a Federal Direct Unsub20 sidized Stafford Loan, or a loan made under 

21 section 428 or 428H of such Act. 

22 ‘‘(c) PROGRAM AUTHORIZED.—The Attorney General 

23 shall establish a program by which the Department of Jus24 tice shall assume the obligation to repay a student loan, 

25 by direct payments on behalf of a borrower to the holder 
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1 of such loan, in accordance with subsection (d), for any 

2 borrower who—

3 ‘‘(1) is employed as a prosecutor or public de4 fender; and 

5 ‘‘(2) is not in default on a loan for which the 

6 borrower seeks forgiveness. 

7 ‘‘(d) TERMS OF AGREEMENT.—

8 ‘‘(1) IN GENERAL.—To be eligible to receive re9 payment benefits under subsection (c), a borrower 

10 shall enter into a written agreement that specifies 

11 that—

12 ‘‘(A) the borrower will remain employed as 

13 a prosecutor or public defender for a required 

14 period of service of not less than 3 years, unless 

15 involuntarily separated from that employment; 

16 ‘‘(B) if the borrower is involuntarily sepa17 rated from employment on account of mis18 conduct, or voluntarily separates from employ19 ment, before the end of the period specified in 

20 the agreement, the borrower will repay the At21 torney General the amount of any benefits re22 ceived by such employee under this section; 

23 ‘‘(C) if the borrower is required to repay 

24 an amount to the Attorney General under sub25 paragraph (B) and fails to repay such amount, 
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1 a sum equal to that amount shall be recoverable 

2 by the Federal Government from the employee 

3 (or such employee’s estate, if applicable) by 

4 such methods as are provided by law for the re5 covery of amounts owed to the Federal Govern6 ment; 

7 ‘‘(D) the Attorney General may waive, in 

8 whole or in part, a right of recovery under this 

9 subsection if it is shown that recovery would be 

10 against equity and good conscience or against 

11 the public interest; and 

12 ‘‘(E) the Attorney General shall make stu13 dent loan payments under this section for the 

14 period of the agreement, subject to the avail15 ability of appropriations. 

16 ‘‘(2) REPAYMENTS.—

17 ‘‘(A) IN GENERAL.—Any amount repaid 

18 by, or recovered from, an individual or the es19 tate of an individual under this subsection shall 

20 be credited to the appropriation account from 

21 which the amount involved was originally paid. 

22 ‘‘(B) MERGER.—Any amount credited 

23 under subparagraph (A) shall be merged with 

24 other sums in such account and shall be avail25 able for the same purposes and period, and sub-
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1 ject to the same limitations, if any, as the sums 

2 with which the amount was merged. 

3 ‘‘(3) LIMITATIONS.—

4 ‘‘(A) STUDENT LOAN PAYMENT

5 AMOUNT.—Student loan repayments made by 

6 the Attorney General under this section shall be 

7 made subject to such terms, limitations, or con8 ditions as may be mutually agreed upon by the 

9 borrower and the Attorney General in an agree10 ment under paragraph (1), except that the 

11 amount paid by the Attorney General under 

12 this section shall not exceed—

13 ‘‘(i) $10,000 for any borrower in any 

14 calendar year; or 

15 ‘‘(ii) an aggregate total of $60,000 in 

16 the case of any borrower. 

17 ‘‘(B) BEGINNING OF PAYMENTS.—Nothing 

18 in this section shall authorize the Attorney Gen19 eral to pay any amount to reimburse a borrower 

20 for any repayments made by such borrower 

21 prior to the date on which the Attorney General 

22 entered into an agreement with the borrower 

23 under this subsection. 

24 ‘‘(e) ADDITIONAL AGREEMENTS.—
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1 ‘‘(1) IN GENERAL.—On completion of the re2 quired period of service under an agreement under 

3 subsection (d), the borrower and the Attorney Gen4 eral may, subject to paragraph (2), enter into an ad5 ditional agreement in accordance with subsection 

6 (d). 

7 ‘‘(2) TERM.—An agreement entered into under 

8 paragraph (1) may require the borrower to remain 

9 employed as a prosecutor or public defender for less 

10 than 3 years. 

11 ‘‘(f) AWARD BASIS; PRIORITY.—

12 ‘‘(1) AWARD BASIS.—Subject to paragraph (2), 

13 the Attorney General shall provide repayment bene14 fits under this section—

15 ‘‘(A) giving priority to borrowers who have 

16 the least ability to repay their loans, except that 

17 the Attorney General shall determine a fair al18 location of repayment benefits among prosecu19 tors and public defenders, and among employ20 ing entities nationwide; and 

21 ‘‘(B) subject to the availability of appro22 priations. 

23 ‘‘(2) PRIORITY.—The Attorney General shall 

24 give priority in providing repayment benefits under 

25 this section in any fiscal year to a borrower who—
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1 ‘‘(A) received repayment benefits under 

2 this section during the preceding fiscal year; 

3 and 

4 ‘‘(B) has completed less than 3 years of 

5 the first required period of service specified for 

6 the borrower in an agreement entered into 

7 under subsection (d). 

8 ‘‘(g) REGULATIONS.—The Attorney General is au9 thorized to issue such regulations as may be necessary to 

10 carry out the provisions of this section. 

11 ‘‘(h) STUDY.—Not later than 1 year after the date 

12 of enactment of this section, the Government Account13 ability Office shall study and report to Congress on the 

14 impact of law school accreditation requirements and other 

15 factors on law school costs and access, including the im16 pact of such requirements on racial and ethnic minorities. 

17 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated to carry out this section 

19 $25,000,000 for fiscal year 2008 and such sums as may 

20 be necessary for each succeeding fiscal year.’’. 

Passed the Senate July 24, 2007. 

Attest:

Secretary. 
110TH CONGRESS 

1ST SESSION S. 1642

AN ACT

To extend the authorization of programs under the 

purposes.Higher Education Act of 1965, and for other