II 

Calendar No. 264 

110TH CONGRESS 

1ST SESSION S. 1642 

To extend the authorization of programs under the Higher Education Act 

of 1965, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 18, 2007 

Mr. KENNEDY (for himself, Mr. ENZI, Mr. BINGAMAN, Mr. BROWN, Mr. 

DODD, Mrs. CLINTON, Mrs. MURRAY, Mr. OBAMA, Mr. REED, Mr. SANDERS, and Ms. MIKULSKI) introduced the following bill; which was read 

twice and referred to the Committee on Health, Education, Labor, and 

Pensions 

JULY 10, 2007 

Reported by Mr. KENNEDY, with an amendment 

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

A BILL 

To extend the authorization of programs under the Higher 

Education Act of 1965, and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Higher Education Amendments of 2007’’. 


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

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

Sec. 111. Procurement flexibility. 

Sec. 112. Institution and lender reporting and disclosure requirements. 

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. 

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. 


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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. 

Sec. 430. Special allowances. 

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. 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. 

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. National Student Loan Data System. 

Sec. 479. Early awareness of financial aid eligibility. 

Sec. 480. Program participation agreements. 

Sec. 481. Regulatory relief and improvement. 

Sec. 482. Transfer of allotments. 

Sec. 483. Purpose of administrative payments. 

Sec. 484. Advisory Committee on Student Financial Assistance. 

Sec. 485. Regional meetings. 

Sec. 486. Year 2000 requirements at the Department. 

PART G—PROGRAM INTEGRITY


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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. 

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. 


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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. 

TITLE VIII—MISCELLANEOUS 

Sec. 801. Miscellaneous. 

TITLE IX—AMENDMENTS TO OTHER LAWS 

PART A—EDUCATION OF THE DEAF ACT OF 1986 

Sec. 901. Laurent Clerc National Deaf Education Center. 

Sec. 902. Agreement with Gallaudet University. 

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

Sec. 904. Cultural experiences grants. 

Sec. 905. Audit. 

Sec. 906. Reports. 

Sec. 907. Monitoring, evaluation, and reporting. 

Sec. 908. Liaison for educational programs. 

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

Sec. 910. Oversight and effect of agreements. 

Sec. 911. International students. 

Sec. 912. Research priorities. 

Sec. 913. Authorization of appropriations. 

PART B—UNITED STATES INSTITUTE OF PEACE ACT

Sec. 921. United States Institute of Peace Act. 

PART C—THE HIGHER EDUCATION AMENDMENTS OF 1998 

Sec. 931. Repeals. 

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

incarcerated youth offenders. 

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. 


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SUBPART 2—NAVAJO HIGHER EDUCATION

Sec. 945. Short title. 

Sec. 946. Reauthorization of Navajo Community College Act. 

1 SEC. 2. REFERENCES. 

2 Except as otherwise expressly provided, whenever in 

3 this Act an amendment or repeal is expressed in terms 

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

6 section or other provision of the Higher Education Act of 

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

8 SEC. 3. GENERAL EFFECTIVE DATE. 

9 Except as otherwise provided in this Act or the 

10 amendments made by this Act, the amendments made by 

11 this Act shall take effect on July 1, 2007. 

12 TITLE I—GENERAL PROVISIONS 

13 SEC. 101. ADDITIONAL DEFINITIONS. 

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

15 amended— 

16 (1) by redesignating paragraphs (9) through 

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

18 (2) by redesignating paragraphs (4) through 

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

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

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

22 (4) by inserting before paragraph (2) (as redes23 ignated by paragraph (2)) the following: 


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

2 ‘authorizing committees’ means the Committee on 

3 Health, Education, Labor, and Pensions of the Sen4 ate and the Committee on Education and Labor of 

5 the House of Representatives.’’; 

6 (5) by inserting after paragraph (2) (as redesig7 nated by paragraph (3)) the following: 

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

9 ‘critical foreign language’ means each of the lan10 guages contained in the list of critical languages des11 ignated by the Secretary in the Federal Register on 

12 August 2, 1985 (50 Fed. Reg. 149, 31413; enacted 

13 under the authority of section 212(d) of the Edu14 cation for Economic Security Act (repealed by sec15 tion 2303 of the Augustus F. Hawkins-Robert T. 

16 Stafford Elementary and Secondary School Improve17 ment Amendments of 1988)), except that in the im18 plementation of this definition with respect to a spe19 cific title, the Secretary may set priorities according 

20 to the purposes of such title and the national secu21 rity, economic competitiveness, and educational 

22 needs of the United States.’’; 

23 (6) by inserting after paragraph (5) (as redesig24 nated by paragraph (3)) the following: 

25 ‘‘(6) DISTANCE EDUCATION.— 


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

2 provided, the term ‘distance education’ means 

3 education that uses 1 or more of the tech4 nologies described in subparagraph (B)— 

5 ‘‘(i) to deliver instruction to students 

6 who are separated from the instructor; and 

7 ‘‘(ii) to support regular and sub8 stantive interaction between the students 

9 and the instructor, synchronously or asyn10 chronously. 

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

12 subparagraph (A), the technologies used may 

13 include— 

14 ‘‘(i) the Internet; 

15 ‘‘(ii) one-way and two-way trans16 missions through open broadcast, closed 

17 circuit, cable, microwave, broadband lines, 

18 fiber optics, satellite, or wireless commu19 nications devices; 

20 ‘‘(iii) audio conferencing; or 

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

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

23 ROMs are used in a course in conjunction 

24 with the technologies listed in clauses (i) 

25 through (iii).’’; and 


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1 (7) by inserting after paragraph (11) (as redes2 ignated by paragraph (2)) the following: 

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

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

5 of the Community Services Block Grant Act (42 

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

7 involved.’’. 

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

9 U.S.C. 1001 et seq.) is amended— 

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

11 1015(a)(3)(B)), by striking ‘‘Committee on Labor 

12 and Human Resources of the Senate and the Com13 mittee on Education and the Workforce of the 

14 House of Representatives’’ and inserting ‘‘author15 izing committees’’; 

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

17 1018(d)(4)(B)), by striking ‘‘Committee on Edu18 cation and the Workforce of the House of Rep19 resentatives and the Committee on Labor and 

20 Human Resources of the Senate’’ and inserting ‘‘au21 thorizing committees’’; 

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

23 1070a(f)(3)), by striking ‘‘to the Committee on Ap24 propriations’’ and all that follows through ‘‘House of 

25 Representatives’’ and inserting ‘‘to the Committee 


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1 on Appropriations of the Senate, the Committee on 

2 Appropriations of the House of Representatives, and 

3 the authorizing committees’’; 

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

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

6 ‘‘House Committee on Education and the 

7 Workforce and the Senate Committee on Labor 

8 and Human Resources’’ and inserting ‘‘author9 izing committees’’; 

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

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

12 Labor and Human Resources of the Senate and 

13 the Committee on Education and the Workforce 

14 of the House of Representatives’’ and inserting 

15 ‘‘authorizing committees’’; and 

16 (C) in subsection (n)(4), by striking ‘‘Com17 mittee on Education and the Workforce of the 

18 House of Representatives and the Committee 

19 on Labor and Human Resources of the Senate’’ 

20 and inserting ‘‘authorizing committees’’; 

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

22 (A) in the matter preceding subparagraph 

23 (A) of paragraph (2), by striking ‘‘Chair24 person’’ and all that follows through ‘‘House of 


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1 Representatives’’ and inserting ‘‘members of the 

2 authorizing committees’’; 

3 (B) in paragraph (3), by striking ‘‘Chair4 person’’ and all that follows through ‘‘House of 

5 Representatives’’ and inserting ‘‘members of the 

6 authorizing committees’’; and 

7 (C) in paragraph (5), by striking ‘‘Chair8 person’’ and all that follows through ‘‘House of 

9 Representatives’’ and inserting ‘‘members of the 

10 authorizing committees’’; 

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

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

13 ‘‘the Committee on Education and the Work14 force of the House of Representatives or the 

15 Committee on Labor and Human Resources of 

16 the Senate’’ and inserting ‘‘either of the author17 izing committees’’; and 

18 (B) in the matter following subparagraph 

19 (D) of subsection (n)(3), by striking ‘‘Com20 mittee on Education and the Workforce of the 

21 House of Representatives and the Committee 

22 on Labor and Human Resources of the Senate’’ 

23 and inserting ‘‘authorizing committees’’; 

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

25 by striking ‘‘Committee on Education and the WorkVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6401 E:\BILLS\S1642.RS S1642

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1 force of the House of Representatives and the Com2 mittee on Labor and Human Resources of the Sen3 ate’’ and inserting ‘‘authorizing committees’’; 

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

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

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

7 through ‘‘House of Representatives’’ and insert8 ing ‘‘advise the members of the authorizing 

9 committees’’; 

10 (B) in subsection (r)— 

11 (i) in paragraph (3), by striking ‘‘in12 form the Chairman’’ and all that follows 

13 through ‘‘House of Representatives,’’ and 

14 inserting ‘‘inform the members of the au15 thorizing committees’’; 

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

17 ‘‘plan, to the Chairman’’ and all that fol18 lows through ‘‘Education and Labor’’ and 

19 inserting ‘‘plan, to the members of the au20 thorizing committees’’; 

21 (iii) in paragraph (6)(B)— 

22 (I) by striking ‘‘plan, to the 

23 Chairman’’ and all that follows 

24 through ‘‘House of Representatives’’ 


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1 and inserting ‘‘plan, to the members 

2 of the authorizing committees’’; and 

3 (II) by striking ‘‘Chairmen and 

4 ranking minority members of such 

5 Committees’’ and inserting ‘‘members 

6 of the authorizing committees’’; 

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

8 ‘‘implemented to the Chairman’’ and all 

9 that follows through ‘‘House of Represent10 atives, and’’ and inserting ‘‘implemented to 

11 the members of the authorizing commit12 tees, and to’’; and 

13 (v) in the matter preceding subpara14 graph (A) of paragraph (10), by striking 

15 ‘‘days to the Chairman’’ and all that fol16 lows through ‘‘Education and Labor’’ and 

17 inserting ‘‘days to the members of the au18 thorizing committees’’; and 

19 (C) in subsection (s)(2)— 

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

21 of subparagraph (A), by striking ‘‘Treas22 ury and to the Chairman’’ and all that fol23 lows through ‘‘House of Representatives’’ 

24 and inserting ‘‘Treasury and to the mem25 bers of the authorizing committees’’; and 


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

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

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

5 members of the authorizing committees’’; 

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

7 1087e(b)(8)(B)), by striking ‘‘Committee on Labor 

8 and Human Resources of the Senate and the Com9 mittee on Education and the Workforce of the 

10 House of Representatives’’ and inserting ‘‘author11 izing committees’’; 

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

13 striking ‘‘Committee on Labor and Human Re14 sources of the Senate and the Committee on Edu15 cation and Labor of the House of Representatives’’ 

16 and inserting ‘‘authorizing committees’’; 

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

18 striking ‘‘Committee on Labor and Human Re19 sources of the Senate and the Committee on Edu20 cation and the Workforce of the House of Rep21 resentatives’’ and inserting ‘‘authorizing commit22 tees’’; 

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

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

25 ‘‘Committee on Education and the Workforce of 


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1 the House of Representatives and the Com2 mittee on Labor and Human Resources of the 

3 Senate’’ and inserting ‘‘authorizing commit4 tees’’; and 

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

6 ‘‘Committee on Education and the Workforce of 

7 the House of Representatives and the Com8 mittee on Labor and Human Resources of the 

9 Senate’’ and inserting ‘‘authorizing commit10 tees’’; 

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

12 (A) in subsection (e), by striking ‘‘Com13 mittee on Labor and Human Resources of the 

14 Senate and the Committee on Education and 

15 the Workforce of the House of Representatives’’ 

16 and inserting ‘‘authorizing committees’’; and 

17 (B) in subsection (f)(3)— 

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

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

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

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


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

2 of subparagraph (B), by striking ‘‘Com3 mittee on Labor and Human Resources of 

4 the Senate and the Committee on Edu5 cation and the Workforce of the House of 

6 Representatives’’ and inserting ‘‘author7 izing committees’’; 

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

9 1094a(a)(5)), by striking ‘‘Committee on Labor and 

10 Human Resources of the Senate and the Committee 

11 on Education and the Workforce of the House of 

12 Representatives’’ and inserting ‘‘authorizing commit13 tees’’; and 

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

15 2(d))— 

16 (A) in paragraph (1), by striking ‘‘Com17 mittee on Labor and Human Resources of the 

18 Senate and the Committee on Education and 

19 the Workforce of the House of Representatives’’ 

20 and inserting ‘‘authorizing committees’’; and 

21 (B) in paragraph (2), by striking ‘‘Com22 mittee on Labor and Human Resources of the 

23 Senate and the Committee on Education and 

24 the Workforce of the House of Representatives’’ 

25 and inserting ‘‘authorizing committees’’. 


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1 SEC. 102. GENERAL DEFINITION OF INSTITUTION OF HIGH2 ER EDUCATION. 

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

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

5 awards a degree that is acceptable for admission to 

6 a graduate or professional degree program, subject 

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

8 ‘‘such a degree’’; and 

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

10 the following: 

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

12 institution in any State that, in lieu of the require13 ment in subsection (a)(1), admits as regular stu14 dents persons— 

15 ‘‘(A) who are beyond the age of compul16 sory school attendance in the State in which the 

17 institution is located; or 

18 ‘‘(B) who will be dually or concurrently en19 rolled in the institution and a secondary 

20 school.’’. 

21 SEC. 103. DEFINITION OF INSTITUTION OF HIGHER EDU22 CATION FOR PURPOSES OF TITLE IV PRO23 GRAMS. 

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

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

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


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

2 clinical training program that was ap3 proved by a State as of January 1, 

4 1992, and has continuously operated 

5 a clinical training program in not less 

6 than 1 State that is approved by such 

7 State;’’; 

8 (2) in subsection (b)— 

9 (A) in paragraph (1)— 

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

11 ‘‘and’’ after the semicolon; 

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

13 ‘‘; and’’ and inserting a period; and 

14 (iii) by striking subparagraph (F); 

15 and 

16 (B) by striking paragraph (2) and insert17 ing the following: 

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

19 ‘proprietary institution of higher education’ also in20 cludes a proprietary educational institution in any 

21 State that, in lieu of the requirement in section 

22 101(a)(1), admits as 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.’’; and 

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

5 the following: 

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

7 ‘postsecondary vocational institution’ also includes 

8 an educational institution in any State that, in lieu 

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

10 regular students persons— 

11 ‘‘(A) who are beyond the age of compul12 sory school attendance in the State in which the 

13 institution is located; or 

14 ‘‘(B) who will be dually or concurrently en15 rolled in the institution and a secondary 

16 school.’’. 

17 SEC. 104. PROTECTION OF STUDENT SPEECH AND ASSOCIA18 TION RIGHTS. 

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

20 (1) in subsection (a)— 

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

22 sense’’; and 

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

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


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1 ‘‘(A) the diversity of institutions and edu2 cational missions is one of the key strengths of 

3 American higher education; 

4 ‘‘(B) individual colleges and universities have 

5 different missions and each institution should design 

6 its academic program in accordance with its edu7 cational goals; 

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

9 open exchange of ideas; 

10 ‘‘(D) students should not be intimidated, har11 assed, discouraged from speaking out, or discrimi12 nated against; 

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

14 fairly; and 

15 ‘‘(F) nothing in this paragraph shall be con16 strued to modify, change, or infringe upon any con17 stitutionally protected religious liberty, freedom, ex18 pression, or association.’’; and 

19 (2) in subsection (b)(1), by inserting ‘‘, pro20 vided that the imposition of such sanction is done 

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

22 SEC. 105. ACCREDITATION AND INSTITUTIONAL QUALITY 

23 AND INTEGRITY ADVISORY COMMITTEE. 

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

25 amended to read as follows: 


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1 ‘‘SEC. 114. ACCREDITATION AND INSTITUTIONAL QUALITY 

2 AND INTEGRITY COMMITTEE. 

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

4 Department an Accreditation and Institutional Quality 

5 and Integrity Advisory Committee (in this section referred 

6 to as the ‘Committee’) to assess the process of accredita7 tion and the institutional eligibility and certification of 

8 such institutions under title IV. 

9 ‘‘(b) MEMBERSHIP.— 

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

11 15 members, of which— 

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

13 Secretary; 

14 ‘‘(B) 5 members shall be appointed by the 

15 Speaker of the House of Representatives upon 

16 the recommendation of the majority leader and 

17 minority leader of the House of Representa18 tives; and 

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

20 President pro tempore of the Senate upon the 

21 recommendation of the majority leader and mi22 nority leader of the Senate. 

23 ‘‘(2) QUALIFICATIONS.—Individuals shall be ap24 pointed as members of the Committee on— 


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1 ‘‘(A) the basis of the individuals’ experi2 ence, integrity, impartiality, and good judg3 ment; 

4 ‘‘(B) from among individuals who are rep5 resentatives of, or knowledgeable concerning, 

6 education and training beyond secondary edu7 cation, representatives of all sectors and types 

8 of institutions of higher education (as defined 

9 in section 102); and 

10 ‘‘(C) on the basis of the individuals’ tech11 nical qualifications, professional standing, and 

12 demonstrated knowledge in the fields of accredi13 tation and administration in higher education. 

14 ‘‘(3) TERMS OF MEMBERS.—The term of office 

15 of each member of the Committee shall be for 6 

16 years, except that any member appointed to fill a va17 cancy occurring prior to the expiration of the term 

18 for which the member’s predecessor was appointed 

19 shall be appointed for the remainder of such term. 

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

21 shall be filled in the same manner as the original ap22 pointment was made not later than 90 days after 

23 the vacancy occurred. If a vacancy occurs in a posi24 tion to be filled by the Secretary, the Secretary shall 

25 publish a Federal Register notice soliciting nominaVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6401 E:\BILLS\S1642.RS S1642

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1 tions for the position not later than 30 days after 

2 being notified of the vacancy. 

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

4 the initial members of the Committee shall be— 

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

6 paragraph (1)(A); 

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

8 paragraph (1)(B); and 

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

10 paragraph (1)(C). 

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

12 Committee shall select a chairperson from among 

13 the members. 

14 ‘‘(c) FUNCTIONS.—The Committee shall— 

15 ‘‘(1) advise the Secretary with respect to estab16 lishment and enforcement of the standards of ac17 crediting agencies or associations under subpart 2 of 

18 part H of title IV; 

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

20 recognition of a specific accrediting agency or asso21 ciation; 

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

23 preparation and publication of the list of nationally 

24 recognized accrediting agencies and associations; 


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

2 eligibility and certification process for institutions of 

3 higher education under title IV, together with rec4 ommendations for improvements in such process; 

5 ‘‘(5) advise the Secretary with respect to the re6 lationship between— 

7 ‘‘(A) accreditation of institutions of higher 

8 education and the certification and eligibility of 

9 such institutions; and 

10 ‘‘(B) State licensing responsibilities with 

11 respect to such institutions; and 

12 ‘‘(6) carry out such other advisory functions re13 lating to accreditation and institutional eligibility as 

14 the Secretary may prescribe in regulation. 

15 ‘‘(d) MEETING PROCEDURES.— 

16 ‘‘(1) SCHEDULE.— 

17 ‘‘(A) BIANNUAL MEETINGS.—The Com18 mittee shall meet not less often than twice each 

19 year, at the call of the Chairperson. 

20 ‘‘(B) PUBLICATION OF DATE.—The Com21 mittee shall submit the date and location of 

22 each meeting in advance to the Secretary, and 

23 the Secretary shall publish such information in 

24 the Federal Register not later than 30 days be25 fore the meeting. 


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1 ‘‘(2) AGENDA.— 

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

3 meeting of the Committee shall be established 

4 by the Chairperson and shall be submitted to 

5 the members of the Committee upon notifica6 tion of the meeting. 

7 ‘‘(B) OPPORTUNITY FOR PUBLIC COM8 MENT.—The agenda shall include, at a min9 imum, opportunity for public comment during 

10 the Committee’s deliberations. 

11 ‘‘(3) SECRETARY’S DESIGNEE.— 

12 ‘‘(A) ATTENDANCE AT MEETING.—The 

13 Chairperson shall invite the Secretary’s des14 ignee to attend all meetings of the Committee. 

15 ‘‘(B) ROLE OF DESIGNEE.—The Sec16 retary’s designee may be present at a Com17 mittee meeting to facilitate the exchange and 

18 free flow of information between the Secretary 

19 and the Committee. The designee shall have no 

20 authority over the agenda of the meeting, the 

21 items on that agenda, or on the resolution of 

22 any agenda item. 

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

24 The provisions of the Federal Advisory Committee 


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

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

3 ‘‘(e) REPORT AND NOTICE.— 

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

5 publish in the Federal Register— 

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

7 the Committee— 

8 ‘‘(i) the member’s name; 

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

10 member’s term of office; and 

11 ‘‘(iii) the individual described in sub12 section (b)(1) who appointed the member; 

13 and 

14 ‘‘(B) a solicitation of nominations for each 

15 expiring term of office on the Committee of a 

16 member appointed by the Secretary. 

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

18 each year, the Committee shall make an annual re19 port to the Secretary, the authorizing committees, 

20 and the public. The annual report shall contain— 

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

22 and activities of, and the findings and rec23 ommendations made by, the Committee during 

24 the preceding fiscal year; 


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

2 meeting during the preceding fiscal year; 

3 ‘‘(C) a list of the members of the Com4 mittee and appropriate contact information; 

5 and 

6 ‘‘(D) a list of the functions of the Com7 mittee, including any additional functions estab8 lished by the Secretary through regulation. 

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

10 on September 30, 2012.’’. 

11 (b) TERMINATION OF NACIQI.—The National Advi12 sory Committee on Institutional Quality and Integrity, es13 tablished under section 114 of the Higher Education Act 

14 of 1965 (as such section was in effect the day before the 

15 date of enactment of this Act) shall terminate 90 days 

16 after such date. 

17 SEC. 106. DRUG AND ALCOHOL ABUSE PREVENTION. 

18 Section 120(a)(2) (20 U.S.C. 1011i(a)(2)) is amend19 ed— 

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

21 after the semicolon; 

22 (2) by redesignating subparagraph (B) as sub23 paragraph (D); and 

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

25 amended by paragraph (1)) the following: 


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1 ‘‘(B) determine the number of drug and al2 cohol-related incidents and fatalities that— 

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

4 or as part of any of the institution’s activi5 ties; and 

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

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

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

9 are imposed by the institution as a result of 

10 drug and alcohol-related incidents and fatalities 

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

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

13 SEC. 107. PRIOR RIGHTS AND OBLIGATIONS. 

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

15 (1) in paragraph (1), by striking ‘‘1999 and for 

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

17 ‘‘2008 and for each succeeding fiscal year’’; and 

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

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

20 ‘‘2008 and for each succeeding fiscal year’’. 

21 SEC. 108. TRANSPARENCY IN COLLEGE TUITION FOR CON22 SUMERS. 

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

24 adding at the end the following: 


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1 ‘‘SEC. 132. TRANSPARENCY IN COLLEGE TUITION FOR CON2 SUMERS. 

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

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

5 a full-time undergraduate student at an institution of 

6 higher education, after discounts and grants from the in7 stitution, Federal Government, or a State have been ap8 plied to the full price of tuition and fees at the institution. 

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

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

11 the date of enactment of the Higher Education 

12 Amendments of 2007, the Commission of the Bu13 reau of Labor Statistics, in consultation with the 

14 Commissioner of Education Statistics and represent15 atives of institutions of higher education, shall de16 velop higher education price indices that accurately 

17 reflect the annual change in tuition and fees for un18 dergraduate students in the categories of institutions 

19 listed in paragraph (2). Such indices shall be up20 dated annually. 

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

22 price index under paragraph (1) shall be developed 

23 for each of the following categories: 

24 ‘‘(A) 4-year public degree-granting institu25 tions of higher education. 


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1 ‘‘(B) 4-year private degree-granting insti2 tutions of higher education. 

3 ‘‘(C) 2-year public degree-granting institu4 tions of higher education. 

5 ‘‘(D) 2-year private degree-granting insti6 tutions of higher education. 

7 ‘‘(E) Less than 2-year institutions of high8 er education. 

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

10 subparagraphs (A) through (E). 

11 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

12 There are authorized to be appropriated to carry out 

13 this subsection such sums as may be necessary. 

14 ‘‘(c) REPORTING.— 

15 ‘‘(1) IN GENERAL.—The Secretary shall annu16 ally report, in a national list and in a list for each 

17 State, a ranking of institutions of higher education 

18 according to such institutions’ change in tuition and 

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

20 lists is to provide consumers with general informa21 tion on pricing trends among institutions of higher 

22 education nationally and in each State. 

23 ‘‘(2) COMPILATION.— 


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

2 paragraph (1) shall be compiled according to 

3 the following categories: 

4 ‘‘(i) 4-year public institutions of high5 er education. 

6 ‘‘(ii) 4-year private, nonprofit institu7 tions of higher education. 

8 ‘‘(iii) 4-year private, for-profit institu9 tions of higher education. 

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

11 higher education. 

12 ‘‘(v) 2-year private, nonprofit institu13 tions of higher education. 

14 ‘‘(vi) 2-year private, for-profit institu15 tions of higher education. 

16 ‘‘(vii) Less than 2-year public institu17 tions of higher education. 

18 ‘‘(viii) Less than 2-year private, non19 profit institutions of higher education. 

20 ‘‘(ix) Less than 2-year private, for21 profit institutions of higher education. 

22 ‘‘(B) PERCENTAGE AND DOLLAR

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

24 shall include 2 lists for each of the categories 

25 under subparagraph (A) as follows: 


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

2 by percentage change in tuition and fees 

3 over the preceding 2 years. 

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

5 by dollar change in tuition and fees over 

6 the preceding 2 years. 

7 ‘‘(3) HIGHER EDUCATION PRICE INCREASE

8 WATCH LISTS.—Upon completion of the development 

9 of the higher education price indices described in 

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

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

12 ranking of each institution of higher education 

13 whose tuition and fees outpace such institution’s ap14 plicable higher education price index described in 

15 subsection (b). Such lists shall— 

16 ‘‘(A) be known as the ‘Higher Education 

17 Price Increase Watch Lists’; 

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

19 fees at the institution and the net price; 

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

21 price of room and board for students living on 

22 campus at the institution, except that such 

23 price shall not be used in determining whether 

24 an institution’s cost outpaces such institution’s 

25 applicable higher education price index; and 


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

2 public document to be widely published and dis3 seminated in paper form and through the 

4 website of the Department. 

5 ‘‘(4) STATE HIGHER EDUCATION APPROPRIA6 TIONS CHART.—The Secretary shall annually report, 

7 in charts for each State— 

8 ‘‘(A) a comparison of the percentage 

9 change in State appropriations per enrolled stu10 dent in a public institution of higher education 

11 in the State to the percentage change in tuition 

12 and fees for each public institution of higher 

13 education in the State for each of the previous 

14 5 years; and 

15 ‘‘(B) the total amount of need-based and 

16 merit-based aid provided by the State to stu17 dents enrolled in a public institution of higher 

18 education in the State. 

19 ‘‘(5) SHARING OF INFORMATION.—The Sec20 retary shall share the information under paragraphs 

21 (1) through (4) with private sector college guidebook 

22 publishers. 

23 ‘‘(d) NET PRICE CALCULATOR.— 

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

25 after the date of enactment of the Higher Education 


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1 Amendments of 2007, the Secretary shall, in con2 sultation with institutions of higher education, de3 velop and make several model net price calculators 

4 to help students, families, and consumers determine 

5 the net price of an institution of higher education, 

6 which institutions of higher education may, at their 

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

8 ‘‘(2) CATEGORIES.—The model net price cal9 culators described in paragraph (1) shall be devel10 oped for each of the following categories: 

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

12 education. 

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

14 of higher education. 

15 ‘‘(C) 4-year private, for-profit institutions 

16 of higher education. 

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

18 education. 

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

20 of higher education. 

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

22 of higher education. 

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

24 of higher education. 


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

2 institutions of higher education. 

3 ‘‘(I) Less than 2-year private, for-profit in4 stitutions of higher education. 

5 ‘‘(3) USE OF NET PRICE CALCULATOR BY IN6 STITUTIONS.—Not later than 3 years after the date 

7 of enactment of the Higher Education Amendments 

8 of 2007, each institution of higher education that re9 ceives Federal funds under this Act shall adopt and 

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

11 and other consumers determine the net price of such 

12 institution of higher education. Such calculator may 

13 be— 

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

15 by the Department; or 

16 ‘‘(B) developed by the institution of higher 

17 education. 

18 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

19 There are authorized to be appropriated to carry out 

20 this subsection such sums as may be necessary. 

21 ‘‘(e) NET PRICE REPORTING IN APPLICATION INFOR22 MATION.—An institution of higher education that receives 

23 Federal funds under this Act shall include, in the mate24 rials accompanying an application for admission to the in25 stitution, the most recent information regarding the net 


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1 price of the institution, calculated for each quartile of stu2 dents based on the income of either the students’ parents 

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

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

5 2 academic years preceding the academic year for which 

6 the application is produced. 

7 ‘‘(f) ENHANCED COLLEGE INFORMATION

8 WEBSITE.— 

9 ‘‘(1) IN GENERAL.— 

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

11 days after the date of enactment of the Higher 

12 Education Amendments of 2007, the Secretary 

13 shall contract with an independent organization 

14 with demonstrated experience in the develop15 ment of consumer-friendly websites to develop 

16 improvements to the website known as the Col17 lege Opportunities On-Line (COOL) so that it 

18 better meets the needs of students, families, 

19 and consumers for accurate and appropriate in20 formation on institutions of higher education. 

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

22 1 year after the date of enactment of the High23 er Education Amendments of 2007, the Sec24 retary shall implement the improvements devel25 oped by the independent organization described 


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1 under subparagraph (A) to the college informa2 tion website. 

3 ‘‘(2) UNIVERSITY AND COLLEGE ACCOUNT4 ABILITY NETWORK.—Not later than 1 year after the 

5 date of enactment of the Higher Education Amend6 ments of 2007, the Secretary shall develop a model 

7 document for annually reporting basic information 

8 about an institution of higher education that chooses 

9 to participate, to be posted on the college informa10 tion website and made available to institutions of 

11 higher education, students, families, and other con12 sumers. Such document shall be known as the ‘Uni13 versity and College Accountability Network’ (U– 

14 CAN), and shall include, the following information 

15 about the institution of higher education for the 

16 most recent academic year for which the institution 

17 has available data, presented in a consumer-friendly 

18 manner: 

19 ‘‘(A) A statement of the institution’s mis20 sion and specialties. 

21 ‘‘(B) The total number of undergraduate 

22 students who applied, were admitted, and en23 rolled at the institution. 

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

25 mathematics, and combined scores on the SAT 


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1 or ACT for the middle 50 percent range of the 

2 institution’s freshman class. 

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

4 and transfer students at the institution, at the 

5 undergraduate and (where applicable) graduate 

6 levels. 

7 ‘‘(E) Percentage of male and female un8 dergraduate students enrolled at the institution. 

9 ‘‘(F) Percentage of enrolled undergraduate 

10 students from the State in which the institution 

11 is located, from other States, and from other 

12 countries. 

13 ‘‘(G) Percentage of enrolled undergraduate 

14 students at the institution by race and ethnic 

15 background. 

16 ‘‘(H) Retention rates for full-time and 

17 part-time first-time first-year undergraduate 

18 students enrolled at the institution. 

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

20 completion for first-time, first-year under21 graduate students enrolled at the institution. 

22 ‘‘(J) Percentage of enrolled undergraduate 

23 students who graduate within 2 years (in the 

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

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


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

2 certificate or an associate’s, bachelor’s, mas3 ter’s, or doctoral degree at the institution. 

4 ‘‘(L) The undergraduate major areas of 

5 study with the highest number of degrees 

6 awarded. 

7 ‘‘(M) The student-faculty ratio, and num8 ber of full-time, part-time, and adjunct faculty 

9 at the institution. 

10 ‘‘(N) Percentage of faculty at the institu11 tion with the highest degree in their field. 

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

13 in tuition and fees and the net price for an un14 dergraduate at the institution in each of the 

15 preceding 5 academic years. 

16 ‘‘(P) The total average yearly cost of tui17 tion and fees, room and board, and books and 

18 other related costs for an undergraduate stu19 dent enrolled at the institution, for— 

20 ‘‘(i) full-time undergraduate students 

21 living on campus; 

22 ‘‘(ii) full-time undergraduate students 

23 living off-campus; and 

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

25 a public institution of higher education, 


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

2 students living on and off-campus. 

3 ‘‘(Q) The average yearly grant amount (in4 cluding Federal, State, and institutional aid) 

5 for a student enrolled at the institution. 

6 ‘‘(R) The average yearly amount of Fed7 eral student loans, and other loans provided 

8 through the institution, to undergraduate stu9 dents enrolled at the institution. 

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

11 undergraduate students enrolled at the institu12 tion, from the Federal Government, a State, the 

13 institution, and other sources. 

14 ‘‘(T) The percentage of undergraduate stu15 dents enrolled at the institution receiving Fed16 eral, State, and institutional grants, student 

17 loans, and any other type of student financial 

18 assistance provided publicly or through the in19 stitution, such as Federal work-study funds. 

20 ‘‘(U) The average net price for all under21 graduate students enrolled at the institution. 

22 ‘‘(V) The percentage of first-year under23 graduate students enrolled at the institution 

24 who live on campus and off campus. 


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1 ‘‘(W) Information on the policies of the in2 stitution related to transfer of credit from other 

3 institutions. 

4 ‘‘(X) Information on campus safety re5 quired to be collected under section 485(f). 

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

7 the institution’s website that provide informa8 tion on student activities offered by the institu9 tion, such as intercollegiate sports, student or10 ganizations, study abroad opportunities, intra11 mural and club sports, specialized housing op12 tions, community service opportunities, cultural 

13 and arts opportunities on campus, religious and 

14 spiritual life on campus, and lectures and out15 side learning opportunities. 

16 ‘‘(Z) Links to the appropriate sections of 

17 the institution’s website that provide informa18 tion on services offered by the institution to 

19 students during and after college, such as in20 ternship opportunities, career and placement 

21 services, and preparation for further education. 

22 ‘‘(3) CONSULTATION.—The Secretary shall en23 sure that current and prospective college students, 

24 family members of such students, and institutions of 


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1 higher education are consulted in carrying out para2 graphs (1) and (2). 

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

7 United States shall— 

8 ‘‘(1) conduct a study on the time and cost bur9 dens to institutions of higher education associated 

10 with completing the Integrated Postsecondary Edu11 cation Data System (IPEDS), which study shall— 

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

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

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

15 education; and 

16 ‘‘(B) present recommendations for reduc17 ing such burden; 

18 ‘‘(2) not later than 1 year after the date of en19 actment of the Higher Education Amendments of 

20 2007, submit to Congress a preliminary report re21 garding the findings of the study described in para22 graph (1); and 

23 ‘‘(3) not later than 2 years after the date of en24 actment of the Higher Education Amendments of 


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1 2007, submit to Congress a final report regarding 

2 such findings.’’. 

3 SEC. 109. DATABASES OF STUDENT INFORMATION PROHIB4 ITED. 

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

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

7 following: 

8 ‘‘SEC. 133. DATABASE OF STUDENT INFORMATION PROHIB9 ITED. 

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

11 nothing in this Act shall be construed to authorize the de12 velopment, implementation, or maintenance of a Federal 

13 database of personally identifiable information on individ14 uals receiving assistance under this Act, attending institu15 tions receiving assistance under this Act, or otherwise in16 volved in any studies or other collections of data under 

17 this Act, including a student unit record system, an edu18 cation bar code system, or any other system that tracks 

19 individual students over time. 

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

21 shall not affect the loan obligation enforcement activities 

22 described in section 485B. 

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

24 prohibit a State or a consortium of States from devel25 oping, implementing, or maintaining State-developed dataVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6401 E:\BILLS\S1642.RS S1642

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1 bases that track individuals over time, including student 

2 unit record systems that contain information related to en3 rollment, attendance, graduation and retention rates, stu4 dent financial assistance, and graduate employment out5 comes.’’. 

6 SEC. 110. PERFORMANCE-BASED ORGANIZATION FOR THE 

7 DELIVERY OF FEDERAL STUDENT FINANCIAL 

8 ASSISTANCE. 

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

10 (1) in subsection (a)— 

11 (A) in paragraph (1), by striking ‘‘oper12 ational’’ and inserting ‘‘administrative and 

13 oversight’’; and 

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

15 the operational functions’’ and inserting ‘‘and 

16 administration’’; 

17 (2) in subsection (b)— 

18 (A) in paragraph (1)— 

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

20 ‘‘the information systems administered by 

21 the PBO, and other functions performed 

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

23 student financial assistance programs au24 thorized under title IV’’; and 


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1 (ii) by striking subparagraph (C) and 

2 inserting the following: 

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

4 identifying goals for— 

5 ‘‘(i) the administration of the systems 

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

8 under title IV; and 

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

10 current technology.’’; and 

11 (B) in paragraph (2)— 

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

14 the information and financial systems that 

15 support’’ and inserting ‘‘the administration 

16 of Federal’’; 

17 (ii) in subparagraph (A)— 

18 (I) in the matter preceding clause 

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

20 for Federal student assistance’’ and 

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

23 title IV’’; 

24 (II) by striking clauses (i) and 

25 (ii) and inserting the following: 


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

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

4 authorized parties; 

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

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

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

13 (IV) in clause (iv)— 

14 (aa) by inserting ‘‘the’’ after 

15 ‘‘supporting’’; and 

16 (bb) by striking ‘‘and’’ after 

17 the semicolon; 

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

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

23 IV; and’’; and 

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


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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. 111. 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. 112. 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 or D of title 

19 IV; 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 has a 

14 duty to disclose the name of the lender in documentation 

15 related to 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; 


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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 ‘‘(viii) whether the amount of all loans 

5 issued by the lender to the borrower ex6 ceeds the student’s cost of attendance; and 

7 ‘‘(D) of such other information as the Sec8 retary may require. 

9 ‘‘(c) DISCLOSURES TO THE SECRETARY BY LEND10 ER.— 

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

12 annual basis, report to the Secretary any reasonable 

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

14 487(a)(21)(A)(ii), or 487(a)(21)(A)(iv) to any em15 ployee who is employed in the financial aid office of 

16 a covered institution, or who otherwise has respon17 sibilities with respect to educational loans or other 

18 financial aid of the institution. Such reports shall in19 clude— 

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

21 in which the lender provided such reimburse22 ment; 

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

24 or other employee to whom the reimbursement 

25 was made; 


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

2 reimbursement was made; and 

3 ‘‘(D) a brief description of the activity for 

4 which the reimbursement was made. 

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

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

7 report and transmit such report to the authorizing 

8 committees annually. 

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

10 AND LENDERS PARTICIPATING IN EDU11 CATIONAL LOAN ARRANGEMENTS. 

12 ‘‘(a) SECRETARY DUTIES.— 

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

14 than 180 days after the date of enactment of the 

15 Higher Education Amendments of 2007, the Sec16 retary shall— 

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

18 the information provided to students and the 

19 parents of such students about educational 

20 loans, after consulting with students, represent21 atives of covered institutions (including finan22 cial aid administrators, registrars, and business 

23 officers), lenders, loan servicers, and guaranty 

24 agencies; 


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

2 based on the report’s findings, to be used by 

3 lenders and covered institutions in carrying out 

4 subsections (b) and (c)— 

5 ‘‘(i) that provides information on the 

6 applicable interest rates and other terms 

7 and conditions of the educational loans 

8 provided by a lender to students attending 

9 the institution, or the parents of such stu10 dents, disaggregated by each type of edu11 cational loans provided to such students or 

12 parents by the lender, including— 

13 ‘‘(I) the interest rate and terms 

14 and conditions of the loans offered by 

15 the lender for the upcoming academic 

16 year; 

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

18 any benefits that are contingent on 

19 the repayment behavior of the bor20 rower; 

21 ‘‘(III) the average amount bor22 rowed from the lender by students en23 rolled in the institution who obtain 

24 loans of such type from the lender for 

25 the preceding academic year; 


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1 ‘‘(IV) the average interest rate 

2 on such loans provided to such stu3 dents for the preceding academic year; 

4 and 

5 ‘‘(V) the amount that the bor6 rower may repay in interest, based on 

7 the standard repayment period of a 

8 loan, on the average amount borrowed 

9 from the lender by students enrolled 

10 in the institution who obtain loans of 

11 such type from the lender for the pre12 ceding academic year; and 

13 ‘‘(ii) which format shall be easily usa14 ble by lenders, institutions, guaranty agen15 cies, loan servicers, parents, and students; 

16 and 

17 ‘‘(C)(i) submit the report and model for18 mat to the authorizing committees; and 

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

20 available to covered institutions, lenders, and 

21 the public. 

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

23 such steps as necessary to make the model format 

24 available to covered institutions and to encourage— 


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

2 use the model format in providing the informa3 tion required under subsection (b); and 

4 ‘‘(B) covered institutions to use such for5 mat in preparing the information report under 

6 subsection (c). 

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

8 educational loan arrangement with a covered institution 

9 shall annually, by a date determined by the Secretary, pro10 vide to the covered institution and to the Secretary the 

11 information included on the model format for each type 

12 of educational loan provided by the lender to students at13 tending the covered institution, or the parents of such stu14 dents, for the preceding academic year. 

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

16 institution shall— 

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

18 annual report, by a date determined by the Sec19 retary, that includes, for each lender that has an 

20 educational loan arrangement with the covered insti21 tution and that has submitted to the institution the 

22 information required under subsection (b)— 

23 ‘‘(A) the information included on the 

24 model format for each type of educational loan 

25 provided by the lender to students attending the 


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1 covered institution, or the parents of such stu2 dents; and 

3 ‘‘(B) a detailed explanation of why the cov4 ered institution believes the terms and condi5 tions of each type of educational loan provided 

6 pursuant to the agreement are beneficial for 

7 students attending the covered institution, or 

8 the parents of such students; and 

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

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

11 provided to students attending or planning to attend 

12 the covered institution, and the parents of such stu13 dents, in time for the student or parent to take such 

14 information into account before applying for or se15 lecting an educational loan.’’. 

16 TITLE II—TEACHER QUALITY 

17 ENHANCEMENT 

18 SEC. 201. TEACHER QUALITY PARTNERSHIP GRANTS. 

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

20 to read as follows: 

21 ‘‘PART A—TEACHER QUALITY PARTNERSHIP 

22 GRANTS 

23 ‘‘SEC. 201. PURPOSES; DEFINITIONS. 

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

25 ‘‘(1) improve student achievement; 


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1 ‘‘(2) improve the quality of the current and fu2 ture teaching force by improving the preparation of 

3 prospective teachers and enhancing professional de4 velopment activities; 

5 ‘‘(3) hold institutions of higher education ac6 countable for preparing highly qualified teachers; 

7 and 

8 ‘‘(4) recruit qualified individuals, including mi9 norities and individuals from other occupations, into 

10 the teaching force. 

11 ‘‘(b) DEFINITIONS.—In this part: 

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

13 sciences’ means— 

14 ‘‘(A) when referring to an organizational 

15 unit of an institution of higher education, any 

16 academic unit that offers 1 or more academic 

17 majors in disciplines or content areas cor18 responding to the academic subject matter 

19 areas in which teachers provide instruction; and 

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

21 subject area, the disciplines or content areas in 

22 which academic majors are offered by the arts 

23 and sciences organizational unit. 

24 ‘‘(2) CHILDREN FROM LOW-INCOME FAMI25 LIES.—The term ‘children from low-income families’ 


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

2 of the Elementary and Secondary Education Act of 

3 1965. 

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

5 ‘core academic subjects’ has the meaning given the 

6 term in section 9101 of the Elementary and Sec7 ondary Education Act of 1965. 

8 ‘‘(4) EARLY CHILDHOOD EDUCATION PRO9 GRAM.—The term ‘early childhood education pro10 gram’ means— 

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

12 Head Start program carried out under the 

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

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

15 care program or school; or 

16 ‘‘(C) a State prekindergarten program that 

17 serves children from birth through kindergarten 

18 and that addresses the children’s cognitive (in19 cluding language, early literacy, and pre20 numeracy), social, emotional, and physical de21 velopment. 

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

23 term ‘early childhood educator’ means an individual 

24 with primary responsibility for the education of chil25 dren in an early childhood education program. 


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

2 term ‘educational service agency’ has the meaning 

3 given the term in section 9101 of the Elementary 

4 and Secondary Education Act of 1965. 

5 ‘‘(7) ELIGIBLE PARTNERSHIP.—The term ‘eligi6 ble partnership’ means an entity that— 

7 ‘‘(A) shall include— 

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

9 agency; 

10 ‘‘(ii) a high-need school or a consor11 tium of high-need schools served by the 

12 high-need local educational agency or, as 

13 applicable, a high-need early childhood 

14 education program; 

15 ‘‘(iii) a partner institution; 

16 ‘‘(iv) a school, department, or pro17 gram of education within such partner in18 stitution; and 

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

20 and sciences within such partner institu21 tion; and 

22 ‘‘(B) may include any of the following: 

23 ‘‘(i) The Governor of the State. 

24 ‘‘(ii) The State educational agency. 

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


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

3 ‘‘(v) A business. 

4 ‘‘(vi) A public or private nonprofit 

5 educational organization. 

6 ‘‘(vii) An educational service agency. 

7 ‘‘(viii) A teacher organization. 

8 ‘‘(ix) A high-performing local edu9 cational agency, or a consortium of such 

10 local educational agencies, that can serve 

11 as a resource to the partnership. 

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

13 section 5210 of the Elementary and Sec14 ondary Education Act of 1965). 

15 ‘‘(xi) A school or department within 

16 the partner institution that focuses on psy17 chology and human development. 

18 ‘‘(xii) A school or department within 

19 the partner institution with comparable ex20 pertise in the disciplines of teaching, learn21 ing, and child and adolescent development. 

22 ‘‘(8) ESSENTIAL COMPONENTS OF READING IN23 STRUCTION.—The term ‘essential components of 

24 reading instruction’ has the meaning given such 


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1 term in section 1208 of the Elementary and Sec2 ondary Education Act of 1965. 

3 ‘‘(9) EXEMPLARY TEACHER.—The term ‘exem4 plary teacher’ has the meaning given such term in 

5 section 9101 of the Elementary and Secondary Edu6 cation Act of 1965. 

7 ‘‘(10) HIGH-NEED EARLY CHILDHOOD EDU8 CATION PROGRAM.—The term ‘high-need early child9 hood education program’ means an early childhood 

10 education program that is among the highest 25 

11 percent of early childhood programs in the geo12 graphic area served by the local educational agency 

13 in the partnership, in terms of the percentage of stu14 dents from families with incomes below the poverty 

15 line. 

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; 


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1 ‘‘(E) effectively manage a classroom; 

2 ‘‘(F) communicate and work with parents 

3 and guardians, and involve parents and guard4 ians in their children’s education; and 

5 ‘‘(G) use age-appropriate strategies and 

6 practices for children, including in early child7 hood education programs. 

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

9 term ‘teaching residency program’ means a school10 based teacher preparation program in which a pro11 spective teacher— 

12 ‘‘(A) for 1 academic year, teaches along13 side a mentor teacher, who is the teacher of 

14 record; 

15 ‘‘(B) receives concurrent instruction during 

16 the year described in subparagraph (A) from 

17 the partner institution, which courses may be 

18 taught by local educational agency personnel or 

19 residency program faculty, in the teaching of 

20 the content area in which the teacher will be21 come certified or licensed; 

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

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

24 earns a master’s degree, attains full State 


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1 teacher certification or licensure, and becomes 

2 highly qualified. 

3 ‘‘SEC. 202. PARTNERSHIP GRANTS. 

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

5 available under section 208, the Secretary is authorized 

6 to award grants, on a competitive basis, to eligible part7 nerships, to enable the eligible partnerships to carry out 

8 the activities described in subsection (c). 

9 ‘‘(b) APPLICATION.—Each eligible partnership desir10 ing a grant under this section shall submit an application 

11 to the Secretary at such time, in such manner, and accom12 panied by such information as the Secretary may require. 

13 Each such application shall contain— 

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

15 the eligible partnership with respect to the prepara16 tion, ongoing training, professional development, and 

17 retention, of general and special education teachers, 

18 principals, and, as applicable, early childhood edu19 cators; 

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

21 program prepares prospective and new teachers with 

22 strong teaching skills; 

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

24 program will prepare prospective and new teachers 


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1 to understand research and data and the applica2 bility of research and data in the classroom; 

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

4 coordinate strategies and activities assisted under 

5 the grant with other teacher preparation or profes6 sional development programs, including those funded 

7 under the Elementary and Secondary Education Act 

8 of 1965 and the Individuals with Disabilities Edu9 cation Act, and through the National Science Foun10 dation, and how the activities of the partnership will 

11 be consistent with State, local, and other education 

12 reform activities that promote student achievement; 

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

14 resources available to the partnership, including— 

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

16 related sources; 

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

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

19 the partnership to the activities assisted under 

20 this section, including financial support, faculty 

21 participation, and time commitments, and to 

22 the continuation of the activities when the grant 

23 ends; 

24 ‘‘(6) a description of— 


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

2 purposes of this part; 

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

4 the activities required under subsection (d) or 

5 (e) based on the needs identified in paragraph 

6 (1), with the goal of improving student achieve7 ment; 

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

9 under section 204(a); 

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

11 teacher preparation program with the— 

12 ‘‘(i) early learning standards for early 

13 childhood education programs, as applica14 ble, of the State in which the partnership 

15 is located; and 

16 ‘‘(ii) the student academic achieve17 ment standards and academic content 

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

19 Elementary and Secondary Education Act 

20 of 1965, established by the State in which 

21 the partnership is located; 

22 ‘‘(E) how faculty at the partner institution 

23 will work with, during the term of the grant, 

24 highly qualified teachers in the classrooms of 

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1 cational agency in the partnership to provide 

2 high-quality professional development activities; 

3 ‘‘(F) how the partnership will design, im4 plement, or enhance a year-long, rigorous, and 

5 enriching teaching preservice clinical program 

6 component; 

7 ‘‘(G) the in-service professional develop8 ment strategies and activities to be supported; 

9 and 

10 ‘‘(H) how the partnership will collect, ana11 lyze, and use data on the retention of all teach12 ers and early childhood educators in schools 

13 and early childhood programs located in the ge14 ographic area served by the partnership to 

15 evaluate the effectiveness of the partnership’s 

16 teacher and educator support system; and 

17 ‘‘(7) with respect to the induction program re18 quired as part of the activities carried out under this 

19 section— 

20 ‘‘(A) a demonstration that the schools and 

21 departments within the institution of higher 

22 education that are part of the induction pro23 gram have relevant and essential roles in the ef24 fective preparation of teachers, including con25 tent expertise and expertise in teaching; 


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1 ‘‘(B) a demonstration of the partnership’s 

2 capability and commitment to the use of empiri3 cally based practice and scientifically valid re4 search on teaching and learning, and the acces5 sibility to and involvement of faculty; 

6 ‘‘(C) a description of how the teacher prep7 aration program will design and implement an 

8 induction program to support all new teachers 

9 through not less than the first 2 years of teach10 ing in the further development of the new 

11 teachers’ teaching skills, including the use of 

12 mentors who are trained and compensated by 

13 such program for the mentors’ work with new 

14 teachers; and 

15 ‘‘(D) a description of how faculty involved 

16 in the induction program will be able to sub17 stantially participate in an early childhood edu18 cation program or an elementary or secondary 

19 school classroom setting, as applicable, includ20 ing release time and receiving workload credit 

21 for such participation. 

22 ‘‘(c) REQUIRED USE OF GRANT FUNDS.—An eligible 

23 partnership that receives a grant under this part shall use 

24 grant funds to carry out a program for the pre-bacca25 laureate preparation of teachers under subsection (d), a 


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1 teaching residency program under subsection (e), or both 

2 such programs. 

3 ‘‘(d) PARTNERSHIP GRANTS FOR PRE-BACCA4 LAUREATE PREPARATION OF TEACHERS.—An eligible 

5 partnership that receives a grant to carry out an effective 

6 program for the pre-baccalaureate preparation of teachers 

7 shall carry out a program that includes all of the following: 

8 ‘‘(1) REFORMS.— 

9 ‘‘(A) IN GENERAL.—Implementing re10 forms, described in subparagraph (B), within 

11 each teacher preparation program and, as appli12 cable, each preparation program for early child13 hood education programs, of the eligible part14 nership that is assisted under this section, to 

15 hold each program accountable for— 

16 ‘‘(i) preparing— 

17 ‘‘(I) current or prospective teach18 ers to be highly qualified (including 

19 teachers in rural school districts who 

20 may teach multiple subjects, special 

21 educators, and teachers of students 

22 who are limited English proficient 

23 who may teach multiple subjects); 

24 ‘‘(II) such teachers and, as appli25 cable, early childhood educators, to 


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1 understand empirically based practice 

2 and scientifically valid research on 

3 teaching and learning and its applica4 bility, and to use technology effec5 tively, including the use of instruc6 tional techniques to improve student 

7 achievement; and 

8 ‘‘(III) as applicable, early child9 hood educators to be highly com10 petent; and 

11 ‘‘(ii) promoting strong teaching skills 

12 and, as applicable, techniques for early 

13 childhood educators to improve children’s 

14 cognitive, social, emotional, and physical 

15 development. 

16 ‘‘(B) REQUIRED REFORMS.—The reforms 

17 described in subparagraph (A) shall include— 

18 ‘‘(i) implementing teacher preparation 

19 program curriculum changes that improve, 

20 evaluate, and assess how well all prospec21 tive and new teachers develop teaching 

22 skills; 

23 ‘‘(ii) using empirically based practice 

24 and scientifically valid research, where ap25 plicable, about the disciplines of teaching 


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1 and learning so that all prospective teach2 ers and, as applicable, early childhood edu3 cators— 

4 ‘‘(I) can understand and imple5 ment research-based teaching prac6 tices in classroom-based instruction; 

7 ‘‘(II) have knowledge of student 

8 learning methods; 

9 ‘‘(III) possess skills to analyze 

10 student academic achievement data 

11 and other measures of student learn12 ing and use such data and measures 

13 to improve instruction in the class14 room; 

15 ‘‘(IV) possess teaching skills and 

16 an understanding of effective instruc17 tional strategies across all applicable 

18 content areas that enable the teachers 

19 and early childhood educators to— 

20 ‘‘(aa) meet the specific 

21 learning needs of all students, in22 cluding students with disabilities, 

23 students who are limited English 

24 proficient, students who are gift25 ed and talented, students with 


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1 low literacy levels and, as appli2 cable, children in early childhood 

3 education programs; and 

4 ‘‘(bb) differentiate instruc5 tion for such students; and 

6 ‘‘(V) can successfully employ ef7 fective strategies for reading instruc8 tion using the essential components of 

9 reading instruction; 

10 ‘‘(iii) ensuring collaboration with de11 partments, programs, or units of a partner 

12 institution outside of the teacher prepara13 tion program in all academic content areas 

14 to ensure that new teachers receive train15 ing in both teaching and relevant content 

16 areas in order to become highly qualified; 

17 ‘‘(iv) developing and implementing an 

18 induction program; and 

19 ‘‘(v) developing admissions goals and 

20 priorities with the hiring objectives of the 

21 high-need local educational agency in the 

22 eligible partnership. 

23 ‘‘(2) CLINICAL EXPERIENCE AND INTER24 ACTION.—Developing and improving a sustained and 

25 high-quality pre-service clinical education program to 


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1 further develop the teaching skills of all prospective 

2 teachers and, as applicable, early childhood edu3 cators, involved in the program. Such program shall 

4 do the following: 

5 ‘‘(A) Incorporate year-long opportunities 

6 for enrichment activity or a combination of ac7 tivities, including— 

8 ‘‘(i) clinical learning in classrooms in 

9 high-need schools served by the high-need 

10 local educational agency in the eligible 

11 partnership and identified by the eligible 

12 partnership; and 

13 ‘‘(ii) closely supervised interaction be14 tween faculty and new and experienced 

15 teachers, principals, and other administra16 tors at early childhood education programs 

17 (as applicable), elementary schools, or sec18 ondary schools, and providing support for 

19 such interaction. 

20 ‘‘(B) Integrate pedagogy and classroom 

21 practice and promote effective teaching skills in 

22 academic content areas. 

23 ‘‘(C) Provide high-quality teacher men24 toring. 


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1 ‘‘(D)(i) Be offered over the course of a 

2 program of teacher preparation; 

3 ‘‘(ii) be tightly aligned with course work 

4 (and may be developed as a 5th year of a teach5 er preparation program); and 

6 ‘‘(iii) where feasible, allow prospective 

7 teachers to learn to teach in the same school 

8 district in which the teachers will work, learn9 ing the instructional initiatives and curriculum 

10 of that district. 

11 ‘‘(E) Provide support and training for 

12 those individuals participating in an activity for 

13 prospective teachers described in this paragraph 

14 or paragraph (1) or (2), and for those who 

15 serve as mentors for such teachers, based on 

16 each individual’s experience. Such support may 

17 include— 

18 ‘‘(i) with respect to a prospective 

19 teacher or a mentor, release time for such 

20 individual’s participation; 

21 ‘‘(ii) with respect to a faculty member, 

22 receiving course workload credit and com23 pensation for time teaching in the eligible 

24 partnership’s activities; and 


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1 ‘‘(iii) with respect to a mentor, a sti2 pend. 

3 ‘‘(3) INDUCTION PROGRAMS FOR NEW TEACH4 ERS.—Creating an induction program for new teach5 ers, or, in the case of an early childhood education 

6 program, providing mentoring or coaching for new 

7 early childhood educators. 

8 ‘‘(4) SUPPORT AND TRAINING FOR PARTICI9 PANTS IN EARLY CHILDHOOD EDUCATION PRO10 GRAMS.—In the case of an eligible partnership fo11 cusing on early childhood educator preparation, im12 plementing initiatives that increase compensation for 

13 early childhood educators who attain associate or 

14 baccalaureate degrees in early childhood education. 

15 ‘‘(5) TEACHER RECRUITMENT.—Developing and 

16 implementing effective mechanisms to ensure that 

17 the eligible partnership is able to recruit qualified in18 dividuals to become highly qualified teachers through 

19 the activities of the eligible partnership. 

20 ‘‘(e) PARTNERSHIP GRANTS FOR THE ESTABLISH21 MENT OF TEACHING RESIDENCY PROGRAMS.— 

22 ‘‘(1) IN GENERAL.—An eligible partnership re23 ceiving a grant to carry out an effective teaching 

24 residency program shall carry out a program that 

25 includes all of the following activities: 


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1 ‘‘(A) Supporting a teaching residency pro2 gram described in paragraph (2) for high-need 

3 subjects and areas, as determined by the needs 

4 of the high-need local educational agency in the 

5 partnership. 

6 ‘‘(B) Modifying staffing procedures to pro7 vide greater flexibility for local educational 

8 agency and school leaders to establish effective 

9 school-level staffing in order to facilitate place10 ment of graduates of the teaching residency 

11 program in cohorts that facilitate professional 

12 collaboration, both among graduates of the 

13 teaching residency program and between such 

14 graduates and mentor teachers in the receiving 

15 school. 

16 ‘‘(C) Ensuring that teaching residents that 

17 participated in the teaching residency program 

18 receive— 

19 ‘‘(i) effective preservice preparation as 

20 described in paragraph (2); 

21 ‘‘(ii) teacher mentoring; 

22 ‘‘(iii) induction through the induction 

23 program as the teaching residents enter 

24 the classroom as new teachers; and 


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1 ‘‘(iv) the preparation described in sub2 paragraphs (A), (B), and (C) of subsection 

3 (d)(2). 

4 ‘‘(2) TEACHING RESIDENCY PROGRAMS.— 

5 ‘‘(A) ESTABLISHMENT AND DESIGN.—A 

6 teaching residency program under this para7 graph shall be a program based upon models of 

8 successful teaching residencies that serves as a 

9 mechanism to prepare teachers for success in 

10 the high-need schools in the eligible partner11 ship, and shall be designed to include the fol12 lowing characteristics of successful programs: 

13 ‘‘(i) The integration of pedagogy, 

14 classroom practice, and teacher mentoring. 

15 ‘‘(ii) Engagement of teaching resi16 dents in rigorous graduate-level coursework 

17 to earn a master’s degree while under18 taking a guided teaching apprenticeship. 

19 ‘‘(iii) Experience and learning oppor20 tunities alongside a trained and experi21 enced mentor teacher— 

22 ‘‘(I) whose teaching shall com23 plement the residency program so that 

24 classroom clinical practice is tightly 

25 aligned with coursework; 


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1 ‘‘(II) who shall have extra re2 sponsibilities as a teacher leader of 

3 the teaching residency program, as a 

4 mentor for residents, and as a teacher 

5 coach during the induction program 

6 for novice teachers, and for estab7 lishing, within the program, a learn8 ing community in which all individuals 

9 are expected to continually improve 

10 their capacity to advance student 

11 learning; and 

12 ‘‘(III) who may have full relief 

13 from teaching duties as a result of 

14 such additional responsibilities. 

15 ‘‘(iv) The establishment of clear cri16 teria for the selection of mentor teachers 

17 based on measures of teacher effectiveness 

18 and the appropriate subject area knowl19 edge. Evaluation of teacher effectiveness 

20 shall be based on observations of such do21 mains of teaching as the following: 

22 ‘‘(I) Planning and preparation, 

23 including demonstrated knowledge of 

24 content, pedagogy, and assessment, 


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1 including the use of formative assess2 ments to improve student learning. 

3 ‘‘(II) Appropriate instruction 

4 that engages students with different 

5 learning styles. 

6 ‘‘(III) Collaboration with col7 leagues to improve instruction. 

8 ‘‘(IV) Analysis of gains in stu9 dent learning, based on multiple 

10 measures, that, when feasible, may in11 clude valid and reliable objective 

12 measures of the influence of teachers 

13 on the rate of student academic 

14 progress. 

15 ‘‘(V) In the case of mentor can16 didates who will be mentoring current 

17 or future literacy and mathematics 

18 coaches or instructors, appropriate 

19 skills in the essential components of 

20 reading instruction, teacher training 

21 in literacy instructional strategies 

22 across core subject areas, and teacher 

23 training in mathematics instructional 

24 strategies, as appropriate. 


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1 ‘‘(v) Grouping of teaching residents in 

2 cohorts to facilitate professional collabora3 tion among such residents. 

4 ‘‘(vi) The development of admissions 

5 goals and priorities aligned with the hiring 

6 objectives of the local educational agency 

7 partnering with the program, as well as 

8 the instructional initiatives and curriculum 

9 of the agency, in exchange for a commit10 ment by the agency to hire graduates from 

11 the teaching residency program. 

12 ‘‘(vii) Support for residents, once the 

13 teaching residents are hired as teachers of 

14 record, through an induction program, pro15 fessional development, and networking op16 portunities to support the residents 

17 through not less than the residents’ first 2 

18 years of teaching. 

19 ‘‘(B) SELECTION OF INDIVIDUALS AS

20 TEACHER RESIDENTS.— 

21 ‘‘(i) ELIGIBLE INDIVIDUAL.—In order 

22 to be eligible to be a teacher resident in a 

23 teaching residency program under this 

24 paragraph, an individual shall— 


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1 ‘‘(I) be a recent graduate of a 4- 

2 year institution of higher education or 

3 a mid-career professional from outside 

4 the field of education possessing 

5 strong content knowledge or a record 

6 of professional accomplishment; and 

7 ‘‘(II) submit an application to 

8 the teaching residency program. 

9 ‘‘(ii) SELECTION CRITERIA.—An eligi10 ble partnership carrying out a teaching 

11 residency program under this subpara12 graph shall establish criteria for the selec13 tion of eligible individuals to participate in 

14 the teaching residency program based on 

15 the following characteristics: 

16 ‘‘(I) Strong content knowledge or 

17 record of accomplishment in the field 

18 or subject area to be taught. 

19 ‘‘(II) Strong verbal and written 

20 communication skills, which may be 

21 demonstrated by performance on ap22 propriate tests. 

23 ‘‘(III) Other attributes linked to 

24 effective teaching, which may be de25 termined by interviews or performance 


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1 assessments, as specified by the eligi2 ble partnership. 

3 ‘‘(C) STIPEND AND SERVICE REQUIRE4 MENT.— 

5 ‘‘(i) STIPEND.—A teaching residency 

6 program under this paragraph shall pro7 vide a 1-year living stipend or salary to 

8 teaching residents during the 1-year teach9 ing residency program. 

10 ‘‘(ii) SERVICE REQUIREMENT.—As a 

11 condition of receiving a stipend under this 

12 subparagraph, a teaching resident shall 

13 agree to teach in a high-need school served 

14 by the high-need local educational agency 

15 in the eligible partnership for a period of 

16 3 or more years after completing the 1- 

17 year teaching residency program. 

18 ‘‘(iii) REPAYMENT.—If a teaching 

19 resident who received a stipend under this 

20 subparagraph does not complete the serv21 ice requirement described in clause (ii), 

22 such individual shall repay to the high23 need local educational agency a pro rata 

24 portion of the stipend amount for the 


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1 amount of teaching time that the indi2 vidual did not complete. 

3 ‘‘(f) CONSULTATION.— 

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

5 partnership that receives a grant under this section 

6 shall engage in regular consultation throughout the 

7 development and implementation of programs and 

8 activities under this section. 

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

10 timely and meaningful consultation, regular commu11 nication shall occur among all members of the eligi12 ble partnership, including the high-need local edu13 cational agency. Such communication shall continue 

14 throughout the implementation of the grant and the 

15 assessment of programs and activities under this 

16 section. 

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

18 approve changes in grant activities of a grant under 

19 this section only if a written consent signed by all 

20 members of the eligible partnership is submitted to 

21 the Secretary. 

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

23 be construed to prohibit an eligible partnership from using 

24 grant funds to coordinate with the activities of eligible 

25 partnerships in other States or on a regional basis through 


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1 Governors, State boards of education, State educational 

2 agencies, State agencies responsible for early childhood 

3 education, local educational agencies, or State agencies for 

4 higher education. 

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

6 available under this section shall be used to supplement, 

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

8 that would otherwise be expended to carry out activities 

9 under this section. 

10 ‘‘SEC. 203. ADMINISTRATIVE PROVISIONS. 

11 ‘‘(a) DURATION; NUMBER OF AWARDS; PAY12 MENTS.— 

13 ‘‘(1) DURATION.—A grant awarded under this 

14 part shall be awarded for a period of 5 years. 

15 ‘‘(2) NUMBER OF AWARDS.—An eligible part16 nership may not receive more than 1 grant during 

17 a 5-year period. Nothing in this title shall be con18 strued to prohibit an individual member, that can 

19 demonstrate need, of an eligible partnership that re20 ceives a grant under this title from entering into an21 other eligible partnership consisting of new members 

22 and receiving a grant with such other eligible part23 nership before the 5-year period described in the 

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1 ship with which the individual member has first 

2 partnered has expired. 

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

4 annual payments of grant funds awarded under this 

5 part. 

6 ‘‘(b) PEER REVIEW.— 

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

8 applications submitted under this part to a peer re9 view panel for evaluation. With respect to each ap10 plication, the peer review panel shall initially rec11 ommend the application for funding or for dis12 approval. 

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

14 to the Secretary for funding under this part, the 

15 panel shall give priority— 

16 ‘‘(A) to applications from broad-based eli17 gible partnerships that involve businesses and 

18 community organizations; and 

19 ‘‘(B) to eligible partnerships so that the 

20 awards promote an equitable geographic dis21 tribution of grants among rural and urban 

22 areas. 

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

24 shall determine, based on the peer review process, 

25 which applications shall receive funding and the 


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1 amounts of the grants. In determining the grant 

2 amount, the Secretary shall take into account the 

3 total amount of funds available for all grants under 

4 this part and the types of activities proposed to be 

5 carried out by the eligible partnership. 

6 ‘‘(c) MATCHING REQUIREMENTS.— 

7 ‘‘(1) IN GENERAL.—Each eligible partnership 

8 receiving a grant under this part shall provide, from 

9 non-Federal sources, an amount equal to 100 per10 cent of the amount of the grant, which may be pro11 vided in cash or in-kind, to carry out the activities 

12 supported by the grant. 

13 ‘‘(2) WAIVER.—The Secretary may waive all or 

14 part of the matching requirement described in para15 graph (1) for any fiscal year for an eligible partner16 ship, if the Secretary determines that applying the 

17 matching requirement to the eligible partnership 

18 would result in serious hardship or an inability to 

19 carry out the authorized activities described in this 

20 part. 

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

22 An eligible partnership that receives a grant under this 

23 part may use not more than 2 percent of the grant funds 

24 for purposes of administering the grant. 


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1 ‘‘SEC. 204. ACCOUNTABILITY AND EVALUATION. 

2 ‘‘(a) ELIGIBLE PARTNERSHIP EVALUATION.—Each 

3 eligible partnership submitting an application for a grant 

4 under this part shall establish and include in such applica5 tion, an evaluation plan that includes strong performance 

6 objectives. The plan shall include objectives and measures 

7 for increasing— 

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

9 measured by the eligible partnership; 

10 ‘‘(2) teacher retention in the first 3 years of a 

11 teacher’s career; 

12 ‘‘(3) improvement in the pass rates and scaled 

13 scores for initial State certification or licensure of 

14 teachers; and 

15 ‘‘(4)(A) the percentage of highly qualified 

16 teachers hired by the high-need local educational 

17 agency participating in the eligible partnership; 

18 ‘‘(B) the percentage of such teachers who are 

19 members of under represented groups; 

20 ‘‘(C) the percentage of such teachers who teach 

21 high-need academic subject areas (such as reading, 

22 mathematics, science, and foreign language, includ23 ing less commonly taught languages and critical for24 eign languages); 

25 ‘‘(D) the percentage of such teachers who teach 

26 in high-need areas (including special education, lanVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6401 E:\BILLS\S1642.RS S1642

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1 guage instruction educational programs for limited 

2 English proficient students, and early childhood edu3 cation); 

4 ‘‘(E) the percentage of such teachers in high5 need schools, disaggregated by the elementary, mid6 dle, and high school levels; and 

7 ‘‘(F) as applicable, the percentage of early 

8 childhood education program classes in the geo9 graphic area served by the eligible partnership 

10 taught by early childhood educators who are highly 

11 competent. 

12 ‘‘(b) INFORMATION.—An eligible partnership receiv13 ing a grant under this part shall ensure that teachers, 

14 principals, school superintendents, and faculty and leader15 ship at institutions of higher education located in the geo16 graphic areas served by the eligible partnership under this 

17 part are provided information about the activities carried 

18 out with funds under this part, including through elec19 tronic means. 

20 ‘‘(c) REVOCATION OF GRANT.—If the Secretary de21 termines that an eligible partnership receiving a grant 

22 under this part is not making substantial progress in 

23 meeting the purposes, goals, objectives, and measures, as 

24 appropriate, of the grant by the end of the third year of 

25 a grant under this part, then the Secretary shall require 


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1 such eligible partnership to submit a revised application 

2 that identifies the steps the partnership will take to make 

3 substantial progress to meet the purposes, goals, objec4 tives, and measures, as appropriate, of this part. 

5 ‘‘(d) EVALUATION AND DISSEMINATION.—The Sec6 retary shall evaluate the activities funded under this part 

7 and report the Secretary’s findings regarding the activities 

8 to the authorizing committees. The Secretary shall broadly 

9 disseminate— 

10 ‘‘(1) successful practices developed by eligible 

11 partnerships under this part; and 

12 ‘‘(2) information regarding such practices that 

13 were found to be ineffective. 

14 ‘‘SEC. 205. ACCOUNTABILITY FOR PROGRAMS THAT PRE15 PARE TEACHERS. 

16 ‘‘(a) INSTITUTIONAL AND PROGRAM REPORT CARDS

17 ON THE QUALITY OF TEACHER PREPARATION.— 

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

19 education that conducts a traditional teacher prepa20 ration program or alternative routes to State certifi21 cation or licensure program and that enrolls stu22 dents receiving Federal assistance under this Act 

23 shall report annually to the State and the general 

24 public, in a uniform and comprehensible manner 

25 that conforms with the definitions and methods esVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6401 E:\BILLS\S1642.RS S1642

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1 tablished by the Secretary, both for traditional 

2 teacher preparation programs and alternative routes 

3 to State certification or licensure programs, the fol4 lowing information: 

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

6 For the most recent year for which the informa7 tion is available for those students who took the 

8 assessments and are enrolled in the traditional 

9 teacher preparation program or alternative 

10 routes to State certification or licensure pro11 gram, and for those who have taken the assess12 ments and have completed the traditional teach13 er preparation program or alternative routes to 

14 State certification or licensure program during 

15 the 2-year period preceding such year, for each 

16 of the assessments used for teacher certification 

17 or licensure by the State in which the program 

18 is located— 

19 ‘‘(i) the percentage of students who 

20 have completed 100 percent of the nonclin21 ical coursework and taken the assessment 

22 who pass such assessment; 

23 ‘‘(ii) the percentage of all such stu24 dents who passed each such assessment; 


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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 ‘‘(iv) the average scaled score for all 

7 students who took each such assessment; 

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

9 pass rates with the average pass rates for 

10 programs in the State; and 

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

12 average scaled scores with the average 

13 scaled scores for programs in the State. 

14 ‘‘(B) PROGRAM INFORMATION.—The cri15 teria for admission into the program, the num16 ber of students in the program (disaggregated 

17 by race and gender), the average number of 

18 hours of supervised clinical experience required 

19 for those in the program, the number of full20 time equivalent faculty and students in the su21 pervised clinical experience, and the total num22 ber of students who have been certified or li23 censed as teachers, disaggregated by subject 

24 and area of certification or licensure. 


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

2 approval or accreditation of teacher preparation 

3 programs, a statement of whether the institu4 tion’s program is so approved or accredited, 

5 and by whom. 

6 ‘‘(D) DESIGNATION AS LOW-PER7 FORMING.—Whether the program has been des8 ignated as low-performing by the State under 

9 section 207(a). 

10 ‘‘(E) USE OF TECHNOLOGY.—A descrip11 tion of the activities that prepare teachers to ef12 fectively integrate technology into curricula and 

13 instruction and effectively use technology to col14 lect, manage, and analyze data in order to im15 prove teaching, learning, and decisionmaking 

16 for the purpose of increasing student academic 

17 achievement. 

18 ‘‘(2) REPORT.—Each eligible partnership re19 ceiving a grant under section 202 shall report annu20 ally on the progress of the eligible partnership to21 ward meeting the purposes of this part and the ob22 jectives and measures described in section 204(a). 

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

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

25 education for failure to provide the information deVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6401 E:\BILLS\S1642.RS S1642

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1 scribed in this subsection in a timely or accurate 

2 manner. 

3 ‘‘(4) SPECIAL RULE.—In the case of an institu4 tion of higher education that conducts a traditional 

5 teacher preparation program or alternative routes to 

6 State certification or licensure program and has 

7 fewer than 10 scores reported on any single initial 

8 teacher certification or licensure assessment during 

9 an academic year, the institution shall collect and 

10 publish information, as required under paragraph 

11 (1)(A), with respect to an average pass rate and 

12 scaled score on each State certification or licensure 

13 assessment taken over a 3-year period. 

14 ‘‘(b) STATE REPORT CARD ON THE QUALITY OF

15 TEACHER PREPARATION.— 

16 ‘‘(1) IN GENERAL.—Each State that receives 

17 funds under this Act shall provide to the Secretary, 

18 annually, in a uniform and comprehensible manner 

19 that conforms with the definitions and methods es20 tablished by the Secretary, a State report card on 

21 the quality of teacher preparation in the State, both 

22 for traditional teacher preparation programs and for 

23 alternative routes to State certification or licensure 

24 programs, which shall include not less than the fol25 lowing: 


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1 ‘‘(A) A description of reliability and valid2 ity of the teacher certification and licensure as3 sessments, and any other certification and licen4 sure requirements, used by the State. 

5 ‘‘(B) The standards and criteria that pro6 spective teachers must meet in order to attain 

7 initial teacher certification or licensure and to 

8 be certified or licensed to teach particular aca9 demic subject areas or in particular grades 

10 within the State. 

11 ‘‘(C) A description of how the assessments 

12 and requirements described in subparagraph 

13 (A) are aligned with the State’s challenging 

14 academic content standards required under sec15 tion 1111(b)(1) of the Elementary and Sec16 ondary Education Act of 1965 and State early 

17 learning standards for early childhood education 

18 programs. 

19 ‘‘(D) For each of the assessments used by 

20 the State for teacher certification or licensure— 

21 ‘‘(i) for each institution of higher edu22 cation located in the State and each entity 

23 located in the State that offers an alter24 native route for teacher certification or li25 censure, the percentage of students at such 


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1 institution or entity who have completed 

2 100 percent of the nonclinical coursework 

3 and taken the assessment who pass such 

4 assessment; 

5 ‘‘(ii) the percentage of all such stu6 dents at all such institutions taking the as7 sessment who pass such assessment; and 

8 ‘‘(iii) the percentage of students tak9 ing an assessment who completed the 

10 teacher preparation program after enroll11 ing in the program, which shall be made 

12 available widely and publicly by the State. 

13 ‘‘(E) A description of alternative routes to 

14 State certification or licensure in the State (in15 cluding any such routes operated by entities 

16 that are not institutions of higher education), if 

17 any, including, for each of the assessments used 

18 by the State for teacher certification or licen19 sure— 

20 ‘‘(i) the percentage of individuals par21 ticipating in such routes, or who have com22 pleted such routes during the 2-year period 

23 preceding the date of the determination, 

24 who passed each such assessment; and 


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1 ‘‘(ii) the average scaled score of indi2 viduals participating in such routes, or who 

3 have completed such routes during the pe4 riod preceding the date of the determina5 tion, who took each such assessment. 

6 ‘‘(F) A description of the State’s criteria 

7 for assessing the performance of teacher prepa8 ration programs within institutions of higher 

9 education in the State. Such criteria shall in10 clude indicators of the academic content knowl11 edge and teaching skills of students enrolled in 

12 such programs. 

13 ‘‘(G) For each teacher preparation pro14 gram in the State, the criteria for admission 

15 into the program, the number of students in the 

16 program, disaggregated by race and gender (ex17 cept that such disaggregation shall not be re18 quired in a case in which the number of stu19 dents in a category is insufficient to yield sta20 tistically reliable information or the results 

21 would reveal personally identifiable information 

22 about an individual student), the average num23 ber of hours of supervised clinical experience re24 quired for those in the program, and the num25 ber of full-time equivalent faculty, adjunct facVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6401 E:\BILLS\S1642.RS S1642

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1 ulty, and students in supervised clinical experi2 ence. 

3 ‘‘(H) For the State as a whole, and for 

4 each teacher preparation program in the State, 

5 the number of teachers prepared, in the aggre6 gate and reported separately by— 

7 ‘‘(i) area of certification or licensure; 

8 ‘‘(ii) academic major; and 

9 ‘‘(iii) subject area for which the teach10 er has been prepared to teach. 

11 ‘‘(I) Using the data generated under sub12 paragraphs (G) and (H), a description of the 

13 extent to which teacher preparation programs 

14 are helping to address shortages of highly quali15 fied teachers, by area of certification or licen16 sure, subject, and specialty, in the State’s pub17 lic schools. 

18 ‘‘(J) A description of the activities that 

19 prepare teachers to effectively integrate tech20 nology into curricula and instruction and effec21 tively use technology to collect, manage, and 

22 analyze data in order to improve teaching, 

23 learning, and decisionmaking for the purpose of 

24 increasing student academic achievement. 


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1 ‘‘(2) PROHIBITION AGAINST CREATING A NA2 TIONAL LIST.—The Secretary shall not create a na3 tional list or ranking of States, institutions, or 

4 schools using the scaled scores provided under this 

5 subsection. 

6 ‘‘(c) REPORT OF THE SECRETARY ON THE QUALITY

7 OF TEACHER PREPARATION.— 

8 ‘‘(1) REPORT CARD.—The Secretary shall pro9 vide to Congress, and publish and make widely avail10 able, a report card on teacher qualifications and 

11 preparation in the United States, including all the 

12 information reported in subparagraphs (A) through 

13 (J) of subsection (b)(1). Such report shall identify 

14 States for which eligible partnerships received a 

15 grant under this part. Such report shall be so pro16 vided, published, and made available annually. 

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

18 shall prepare and submit a report to Congress that 

19 contains the following: 

20 ‘‘(A) A comparison of States’ efforts to im21 prove the quality of the current and future 

22 teaching force. 

23 ‘‘(B) A comparison of eligible partnerships’ 

24 efforts to improve the quality of the current 

25 and future teaching force. 


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1 ‘‘(C) The national mean and median scaled 

2 scores and pass rate on any standardized test 

3 that is used in more than 1 State for teacher 

4 certification or licensure. 

5 ‘‘(3) SPECIAL RULE.—In the case of a teacher 

6 preparation program with fewer than 10 scores re7 ported on any single initial teacher certification or li8 censure assessment during an academic year, the 

9 Secretary shall collect and publish information, and 

10 make publicly available, with respect to an average 

11 pass rate and scaled score on each State certification 

12 or licensure assessment taken over a 3-year period. 

13 ‘‘(d) COORDINATION.—The Secretary, to the extent 

14 practicable, shall coordinate the information collected and 

15 published under this part among States for individuals 

16 who took State teacher certification or licensure assess17 ments in a State other than the State in which the indi18 vidual received the individual’s most recent degree. 

19 ‘‘SEC. 206. STATE FUNCTIONS. 

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

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

22 to identify and assist, through the provision of technical 

23 assistance, low-performing programs of teacher prepara24 tion. Such State shall provide the Secretary an annual list 

25 of such low-performing teacher preparation programs that 


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1 includes an identification of those programs at risk of 

2 being placed on such list. Such levels of performance shall 

3 be determined solely by the State and may include criteria 

4 based on information collected pursuant to this part. Such 

5 assessment shall be described in the report under section 

6 205(b). 

7 ‘‘(b) TERMINATION OF ELIGIBILITY.—Any program 

8 of teacher preparation from which the State has with9 drawn the State’s approval, or terminated the State’s fi10 nancial support, due to the low performance of the pro11 gram based upon the State assessment described in sub12 section (a)— 

13 ‘‘(1) shall be ineligible for any funding for pro14 fessional development activities awarded by the De15 partment; 

16 ‘‘(2) shall not be permitted to accept or enroll 

17 any student that receives aid under title IV in the 

18 institution’s teacher preparation program; and 

19 ‘‘(3) shall provide transitional support, includ20 ing remedial services if necessary, for students en21 rolled at the institution at the time of termination 

22 of financial support or withdrawal of approval. 

23 ‘‘(c) NEGOTIATED RULEMAKING.—If the Secretary 

24 develops any regulations implementing subsection (b)(2), 

25 the Secretary shall submit such proposed regulations to 


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1 a negotiated rulemaking process, which shall include rep2 resentatives of States, institutions of higher education, 

3 and educational and student organizations. 

4 ‘‘(d) APPLICATION OF THE REQUIREMENTS.—The 

5 requirements of this section shall apply to both traditional 

6 teacher preparation programs and alternative routes to 

7 State certification and licensure programs. 

8 ‘‘SEC. 207. GENERAL PROVISIONS. 

9 ‘‘(a) METHODS.—In complying with sections 205 and 

10 206, the Secretary shall ensure that States and institu11 tions of higher education use fair and equitable methods 

12 in reporting and that the reporting methods do not allow 

13 identification of individuals. 

14 ‘‘(b) SPECIAL RULE.—For each State that does not 

15 use content assessments as a means of ensuring that all 

16 teachers teaching in core academic subjects within the 

17 State are highly qualified, as required under section 1119 

18 of the Elementary and Secondary Education Act of 1965 

19 and in accordance with the State plan submitted or revised 

20 under section 1111 of such Act, and that each person em21 ployed as a special education teacher in the State who 

22 teaches elementary school, middle school, or secondary 

23 school is highly qualified by the deadline, as required 

24 under section 612(a)(14)(C) of the Individuals with Dis25 abilities Education Act— 


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1 ‘‘(1) the Secretary shall, to the extent prac2 ticable, collect data comparable to the data required 

3 under this part from States, local educational agen4 cies, institutions of higher education, or other enti5 ties that administer such assessments to teachers or 

6 prospective teachers; and 

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

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

9 requirements of this part related to assessments, 

10 pass rates, and scaled scores. 

11 ‘‘(c) RELEASE OF INFORMATION TO TEACHER PREP12 ARATION PROGRAMS.— 

13 ‘‘(1) IN GENERAL.—For the purpose of improv14 ing teacher preparation programs, a State edu15 cational agency that receives funds under this Act, 

16 or that participates as a member of a partnership, 

17 consortium, or other entity that receives such funds, 

18 shall provide to a teacher preparation program, upon 

19 the request of the teacher preparation program, any 

20 and all pertinent education-related information 

21 that— 

22 ‘‘(A) may enable the teacher preparation 

23 program to evaluate the effectiveness of the 

24 program’s graduates or the program itself; and 


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1 ‘‘(B) is possessed, controlled, or accessible 

2 by the State educational agency. 

3 ‘‘(2) CONTENT OF INFORMATION.—The infor4 mation described in paragraph (1)— 

5 ‘‘(A) shall include an identification of spe6 cific individuals who graduated from the teach7 er preparation program to enable the teacher 

8 preparation program to evaluate the informa9 tion provided to the program from the State 

10 educational agency with the program’s own 

11 data about the specific courses taken by, and 

12 field experiences of, the individual graduates; 

13 and 

14 ‘‘(B) may include— 

15 ‘‘(i) kindergarten through grade 12 

16 academic achievement and demographic 

17 data, without revealing personally identifi18 able information about an individual stu19 dent, for students who have been taught by 

20 graduates of the teacher preparation pro21 gram; and 

22 ‘‘(ii) teacher effectiveness evaluations 

23 for teachers who graduated from the teach24 er preparation program. 


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1 ‘‘SEC. 208. 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 SEC. 202. GENERAL PROVISIONS. 

6 Title II (20 U.S.C. 1021 et seq.) is amended by add7 ing at the end the following: 

8 ‘‘PART C—GENERAL PROVISIONS 

9 ‘‘SEC. 231. LIMITATIONS. 

10 ‘‘(a) FEDERAL CONTROL PROHIBITED.—Nothing in 

11 this title shall be construed to permit, allow, encourage, 

12 or authorize any Federal control over any aspect of any 

13 private, religious, or home school, whether or not a home 

14 school is treated as a private school or home school under 

15 State law. This section shall not be construed to prohibit 

16 private, religious, or home schools from participation in 

17 programs or services under this title. 

18 ‘‘(b) NO CHANGE IN STATE CONTROL ENCOURAGED

19 OR REQUIRED.—Nothing in this title shall be construed 

20 to encourage or require any change in a State’s treatment 

21 of any private, religious, or home school, whether or not 

22 a home school is treated as a private school or home school 

23 under State law. 

24 ‘‘(c) NATIONAL SYSTEM OF TEACHER CERTIFI25 CATION OR LICENSURE PROHIBITED.—Nothing in this 

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1 thorize the Secretary to establish or support any national 

2 system of teacher certification or licensure.’’. 

3 TITLE III—INSTITUTIONAL AID 

4 SEC. 301. PROGRAM PURPOSE. 

5 Section 311 (20 U.S.C. 1057) is amended— 

6 (1) in subsection (b)— 

7 (A) in paragraph (1), by striking ‘‘351’’ 

8 and inserting ‘‘391’’; and 

9 (B) in paragraph (3)(F), by inserting ‘‘, 

10 including services that will assist in the edu11 cation of special populations’’ before the period; 

12 and 

13 (2) in subsection (c)— 

14 (A) in paragraph (6), by inserting ‘‘, in15 cluding innovative, customized, remedial edu16 cation and English language instruction courses 

17 designed to help retain students and move the 

18 students rapidly into core courses and through 

19 program completion’’ before the period; 

20 (B) by redesignating paragraphs (7) 

21 through (12) as paragraphs (8) through (13), 

22 respectively; 

23 (C) by inserting after paragraph (6) the 

24 following: 


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1 ‘‘(7) Education or counseling services designed 

2 to improve the financial literacy and economic lit3 eracy of students or the students’ parents.’’; 

4 (D) in paragraph (12) (as redesignated by 

5 subparagraph (B)), by striking ‘‘distance learn6 ing academic instruction capabilities’’ and in7 serting ‘‘distance education technologies’’; and 

8 (E) in the matter preceding subparagraph 

9 (A) of paragraph (13) (as redesignated by sub10 paragraph (B)), by striking ‘‘subsection (c)’’ 

11 and inserting ‘‘subsection (b) and section 391’’. 

12 SEC. 302. DEFINITIONS; ELIGIBILITY. 

13 Section 312 (20 U.S.C. 1058) is amended— 

14 (1) in subsection (b)(1)(A), by striking ‘‘sub15 section (c) of this section’’ and inserting ‘‘subsection 

16 (d)’’; and 

17 (2) in subsection (d)(2), by striking ‘‘subdivi18 sion’’ and inserting ‘‘paragraph’’. 

19 SEC. 303. AMERICAN INDIAN TRIBALLY CONTROLLED COL20 LEGES AND UNIVERSITIES. 

21 Section 316 (20 U.S.C. 1059c) is amended— 

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

23 the following: 


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1 ‘‘(3) TRIBAL COLLEGE OR UNIVERSITY.—The 

2 term ‘Tribal College or University’ means an institu3 tion that— 

4 ‘‘(A) qualifies for funding under the Trib5 ally Controlled College or University Assistance 

6 Act of 1978 (25 U.S.C. 1801 et seq.) or the 

7 Navajo Community College Assistance Act of 

8 1978 (25 U.S.C. 640a note); or 

9 ‘‘(B) is cited in section 532 of the Equity 

10 in Educational Land-Grant Status Act of 1994 

11 (7 U.S.C. 301 note).’’; 

12 (2) in subsection (c)(2)— 

13 (A) in subparagraph (B), by inserting be14 fore the semicolon at the end the following: 

15 ‘‘and the acquisition of real property adjacent 

16 to the campus of the institution’’; 

17 (B) by redesignating subparagraphs (G), 

18 (H), (I), (J), (K), and (L) as subparagraphs 

19 (H), (I), (J), (K), (L), and (N), respectively; 

20 (C) by inserting after subparagraph (F) 

21 the following: 

22 ‘‘(G) education or counseling services de23 signed to improve the financial literacy and eco24 nomic literacy of students or the students’ par25 ents;’’; 


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1 (D) in subparagraph (L) (as redesignated 

2 by subparagraph (B)), by striking ‘‘and’’ after 

3 the semicolon; 

4 (E) by inserting after subparagraph (L) 

5 (as redesignated by subparagraph (B)) the fol6 lowing: 

7 ‘‘(M) developing or improving facilities for 

8 Internet use or other distance education tech9 nologies; and’’; and 

10 (F) in subparagraph (N) (as redesignated 

11 by subparagraph (B)), by striking ‘‘subpara12 graphs (A) through (K)’’ and inserting ‘‘sub13 paragraphs (A) through (M)’’; and 

14 (3) by striking subsection (d) and inserting the 

15 following: 

16 ‘‘(d) APPLICATION, PLAN, AND ALLOCATION.— 

17 ‘‘(1) INSTITUTIONAL ELIGIBILITY.—To be eligi18 ble to receive assistance under this section, a Tribal 

19 College or University shall be an eligible institution 

20 under section 312(b). 

21 ‘‘(2) APPLICATION.— 

22 ‘‘(A) IN GENERAL.—A Tribal College or 

23 University desiring to receive assistance under 

24 this section shall submit an application to the 


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1 Secretary at such time, and in such manner, as 

2 the Secretary may reasonably require. 

3 ‘‘(B) STREAMLINED PROCESS.—The Sec4 retary shall establish application requirements 

5 in such a manner as to simplify and streamline 

6 the process for applying for grants. 

7 ‘‘(3) ALLOCATIONS TO INSTITUTIONS.— 

8 ‘‘(A) CONSTRUCTION GRANTS.— 

9 ‘‘(i) IN GENERAL.—Of the amount ap10 propriated to carry out this section for any 

11 fiscal year, the Secretary may reserve 30 

12 percent for the purpose of awarding 1-year 

13 grants of not less than $1,000,000 to ad14 dress construction, maintenance, and ren15 ovation needs at eligible institutions. 

16 ‘‘(ii) PREFERENCE.—In providing 

17 grants under clause (i), the Secretary shall 

18 give preference to eligible institutions that 

19 have not yet received an award under this 

20 section. 

21 ‘‘(B) ALLOTMENT OF REMAINING

22 FUNDS.— 

23 ‘‘(i) IN GENERAL.—Except as pro24 vided in clause (ii), the Secretary shall dis25 tribute the remaining funds appropriated 


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1 for any fiscal year to each eligible institu2 tion as follows: 

3 ‘‘(I) 60 percent of the remaining 

4 appropriated funds shall be distrib5 uted among the eligible Tribal Col6 leges and Universities on a pro rata 

7 basis, based on the respective Indian 

8 student counts (as defined in section 

9 2(a) of the Tribally Controlled College 

10 or University Assistance Act of 1978 

11 (25 U.S.C. 1801(a)) of the Tribal 

12 Colleges and Universities; and 

13 ‘‘(II) the remaining 40 percent 

14 shall be distributed in equal shares to 

15 the eligible Tribal Colleges and Uni16 versities. 

17 ‘‘(ii) MINIMUM GRANT.—The amount 

18 distributed to a Tribal College or Univer19 sity under clause (i) shall not be less than 

20 $500,000. 

21 ‘‘(4) SPECIAL RULES.— 

22 ‘‘(A) CONCURRENT FUNDING.—For the 

23 purposes of this part, no Tribal College or Uni24 versity that is eligible for and receives funds 

25 under this section shall concurrently receive 


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1 funds under other provisions of this part or 

2 part B. 

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

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

6 SEC. 304. ALASKA NATIVE AND NATIVE HAWAIIAN-SERVING 

7 INSTITUTIONS. 

8 Section 317(c)(2) (20 U.S.C. 1059d(c)(2)) is amend9 ed— 

10 (1) in subparagraph (G), by striking ‘‘and’’ 

11 after the semicolon; 

12 (2) in subparagraph (H), by striking the period 

13 and inserting ‘‘; and’’; and 

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

15 ‘‘(I) education or counseling services de16 signed to improve the financial literacy and eco17 nomic literacy of students or the students’ par18 ents.’’. 

19 SEC. 305. NATIVE AMERICAN-SERVING, NONTRIBAL INSTI20 TUTIONS. 

21 (a) GRANT PROGRAM AUTHORIZED.—Part A of title 

22 III (20 U.S.C. 1057 et seq.) is amended by adding at the 

23 end the following: 


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1 ‘‘SEC. 318. NATIVE AMERICAN-SERVING, NONTRIBAL INSTI2 TUTIONS. 

3 ‘‘(a) PROGRAM AUTHORIZED.—The Secretary shall 

4 provide grants and related assistance to Native American5 serving, nontribal institutions to enable such institutions 

6 to improve and expand their capacity to serve Native 

7 Americans. 

8 ‘‘(b) DEFINITIONS.—In this section: 

9 ‘‘(1) NATIVE AMERICAN.—The term ‘Native 

10 American’ means an individual who is of a tribe, 

11 people, or culture that is indigenous to the United 

12 States. 

13 ‘‘(2) NATIVE AMERICAN-SERVING, NONTRIBAL

14 INSTITUTION.—The term ‘Native American-serving, 

15 nontribal institution’ means an institution of higher 

16 education that, at the time of application— 

17 ‘‘(A) has an enrollment of undergraduate 

18 students that is not less than 10 percent Native 

19 American students; and 

20 ‘‘(B) is not a Tribal College or University 

21 (as defined in section 316). 

22 ‘‘(c) AUTHORIZED ACTIVITIES.— 

23 ‘‘(1) TYPES OF ACTIVITIES AUTHORIZED.— 

24 Grants awarded under this section shall be used by 

25 Native American-serving, nontribal institutions to 

26 assist such institutions to plan, develop, undertake, 


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1 and carry out activities to improve and expand such 

2 institutions’ capacity to serve Native Americans. 

3 ‘‘(2) EXAMPLES OF AUTHORIZED ACTIVITIES.— 

4 Such programs may include— 

5 ‘‘(A) the purchase, rental, or lease of sci6 entific or laboratory equipment for educational 

7 purposes, including instructional and research 

8 purposes; 

9 ‘‘(B) renovation and improvement in class10 room, library, laboratory, and other instruc11 tional facilities; 

12 ‘‘(C) support of faculty exchanges, and fac13 ulty development and faculty fellowships to as14 sist faculty in attaining advanced degrees in the 

15 faculty’s field of instruction; 

16 ‘‘(D) curriculum development and aca17 demic instruction; 

18 ‘‘(E) the purchase of library books, peri19 odicals, microfilm, and other educational mate20 rials; 

21 ‘‘(F) funds and administrative manage22 ment, and acquisition of equipment for use in 

23 strengthening funds management; 

24 ‘‘(G) the joint use of facilities such as lab25 oratories and libraries; and 


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1 ‘‘(H) academic tutoring and counseling 

2 programs and student support services. 

3 ‘‘(d) APPLICATION PROCESS.— 

4 ‘‘(1) INSTITUTIONAL ELIGIBILITY.—A Native 

5 American-serving, nontribal institution desiring to 

6 receive assistance under this section shall submit to 

7 the Secretary such enrollment data as may be nec8 essary to demonstrate that the institution is a Na9 tive American-serving, nontribal institution, along 

10 with such other information and data as the Sec11 retary may by regulation require. 

12 ‘‘(2) APPLICATIONS.— 

13 ‘‘(A) PERMISSION TO SUBMIT APPLICA14 TIONS.—Any institution that is determined by 

15 the Secretary to be a Native American-serving, 

16 nontribal institution may submit an application 

17 for assistance under this section to the Sec18 retary. 

19 ‘‘(B) SIMPLIFIED AND STREAMLINED FOR20 MAT.—The Secretary shall, to the extent pos21 sible, prescribe a simplified and streamlined for22 mat for applications under this section that 

23 takes into account the limited number of insti24 tutions that are eligible for assistance under 

25 this section. 


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1 ‘‘(C) CONTENT.—An application submitted 

2 under subparagraph (A) shall include— 

3 ‘‘(i) a 5-year plan for improving the 

4 assistance provided by the Native Amer5 ican-serving, nontribal institution to Native 

6 Americans; and 

7 ‘‘(ii) such other information and as8 surances as the Secretary may require. 

9 ‘‘(3) SPECIAL RULES.— 

10 ‘‘(A) ELIGIBILITY.—No Native American11 serving, nontribal institution that receives funds 

12 under this section shall concurrently receive 

13 funds under other provisions of this part or 

14 part B. 

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

16 not apply to institutions that are eligible to re17 ceive funds under this section. 

18 ‘‘(C) DISTRIBUTION.—In awarding grants 

19 under this section, the Secretary shall, to the 

20 extent possible and consistent with the competi21 tive process under which such grants are 

22 awarded, ensure maximum and equitable dis23 tribution among all eligible institutions.’’. 


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1 (b) MINIMUM GRANT AMOUNT.—Section 399 (20 

2 U.S.C. 1068h) is amended by adding at the end the fol3 lowing: 

4 ‘‘(c) MINIMUM GRANT AMOUNT.—The minimum 

5 amount of a grant under this title shall be $200,000.’’. 

6 SEC. 306. PART B DEFINITIONS. 

7 Section 322(4) (20 U.S.C. 1061(4)) is amended by 

8 inserting ‘‘, in consultation with the Commissioner for 

9 Education Statistics’’ before ‘‘and the Commissioner’’. 

10 SEC. 307. GRANTS TO INSTITUTIONS. 

11 Section 323(a) (20 U.S.C. 1062(a)) is amended— 

12 (1) in the matter preceding paragraph (1), by 

13 striking ‘‘360(a)(2)’’ and inserting ‘‘399(a)(2)’’; 

14 (2) by redesignating paragraphs (7) through 

15 (12) as paragraphs (8) through (13), respectively; 

16 and 

17 (3) by inserting after paragraph (6) the fol18 lowing: 

19 ‘‘(7) Education or counseling services designed 

20 to improve the financial literacy and economic lit21 eracy of students or the students’ parents.’’. 

22 SEC. 308. ALLOTMENTS TO INSTITUTIONS. 

23 Section 324 (20 U.S.C. 1063) is amended by adding 

24 at the end the following: 


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1 ‘‘(h) SPECIAL RULE ON ELIGIBILITY.—Notwith2 standing any other provision of this section, a part B insti3 tution shall not receive an allotment under this section un4 less the part B institution provides, on an annual basis, 

5 data indicating that the part B institution— 

6 ‘‘(1) enrolled Federal Pell Grant recipients in 

7 the preceding academic year; 

8 ‘‘(2) in the preceding academic year, has grad9 uated students from a program of academic study 

10 that is licensed or accredited by a nationally recog11 nized accrediting agency or association recognized by 

12 the Secretary pursuant to part H of title IV where 

13 appropriate; and 

14 ‘‘(3) where appropriate, has graduated students 

15 who, within the past 5 years, enrolled in graduate or 

16 professional school.’’. 

17 SEC. 309. PROFESSIONAL OR GRADUATE INSTITUTIONS. 

18 Section 326 (20 U.S.C. 1063b) is amended— 

19 (1) in subsection (c)— 

20 (A) in paragraph (2), by inserting ‘‘, and 

21 for the acquisition and development of real 

22 property that is adjacent to the campus for 

23 such construction, maintenance, renovation, or 

24 improvement’’ after ‘‘services’’; 


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1 (B) by redesignating paragraphs (5) 

2 through (7) as paragraphs (7) through (9), re3 spectively; 

4 (C) by inserting after paragraph (4) the 

5 following: 

6 ‘‘(5) tutoring, counseling, and student service 

7 programs designed to improve academic success; 

8 ‘‘(6) education or counseling services designed 

9 to improve the financial literacy and economic lit10 eracy of students or the students’ parents;’’; 

11 (D) in paragraph (7) (as redesignated by 

12 subparagraph (B)), by striking ‘‘establish or 

13 improve’’ and inserting ‘‘establishing or improv14 ing’’; 

15 (E) in paragraph (8) (as redesignated by 

16 subparagraph (B))— 

17 (i) by striking ‘‘assist’’ and inserting 

18 ‘‘assisting’’; and 

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

21 (F) in paragraph (9) (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 ‘‘(10) other activities proposed in the applica2 tion submitted under subsection (d) that— 

3 ‘‘(A) contribute to carrying out the pur4 poses of this part; and 

5 ‘‘(B) are approved by the Secretary as part 

6 of the review and acceptance of such applica7 tion.’’; 

8 (2) in subsection (e)— 

9 (A) in paragraph (1)— 

10 (i) by inserting a colon after ‘‘the fol11 lowing’’; 

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

13 ‘‘and’’ at the end; 

14 (iii) in subparagraph (R), by striking 

15 the period and inserting a semicolon; and 

16 (iv) by adding at the end the fol17 lowing: 

18 ‘‘(S) Alabama State University qualified 

19 graduate program; 

20 ‘‘(T) Coppin State University qualified 

21 graduate program; 

22 ‘‘(U) Prairie View A & M University quali23 fied graduate program; 

24 ‘‘(V) Fayetteville State University qualified 

25 graduate program; 


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1 ‘‘(W) Delaware State University qualified 

2 graduate program; 

3 ‘‘(X) Langston University qualified grad4 uate program; and 

5 ‘‘(Y) West Virginia State University quali6 fied graduate program.’’; 

7 (B) in paragraph (2)(A)— 

8 (i) by inserting ‘‘in law or’’ after ‘‘in9 struction’’; and 

10 (ii) by striking ‘‘mathematics, or’’ and 

11 inserting ‘‘mathematics, psychometrics, 

12 or’’; 

13 (C) in paragraph (3)— 

14 (i) by striking ‘‘1998’’ and inserting 

15 ‘‘2007’’; and 

16 (ii) by striking ‘‘(Q) and (R)’’ and in17 serting ‘‘(S), (T), (U), (V), (W), (X), and 

18 (Y)’’; 

19 (3) in subsection (f)— 

20 (A) in paragraph (1), by striking ‘‘(P)’’ 

21 and inserting ‘‘(R)’’; 

22 (B) in paragraph (2), by striking ‘‘(Q) and 

23 (R)’’ and inserting ‘‘(S), (T), (U), (V), (W), 

24 (X), and (Y)’’; and 

25 (C) in paragraph (3)— 


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1 (i) by striking subparagraphs (A) and 

2 (B) and inserting the following: 

3 ‘‘(A) The amount of non-Federal funds for 

4 the fiscal year for which the determination is 

5 made that the institution or program listed in 

6 subsection (e)— 

7 ‘‘(i) allocates from institutional re8 sources; 

9 ‘‘(ii) secures from non-Federal 

10 sources, including amounts appropriated 

11 by the State and amounts from the private 

12 sector; and 

13 ‘‘(iii) will utilize to match Federal 

14 funds awarded for the fiscal year for which 

15 the determination is made under this sec16 tion to the institution or program. 

17 ‘‘(B) The number of students enrolled in 

18 the qualified graduate programs of the eligible 

19 institution or program, for which the institution 

20 or program received and allocated funding 

21 under this section in the preceding year.’’; 

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

23 ‘‘(or the equivalent) enrolled in the eligible 

24 professional or graduate school’’ and all 

25 that follows through the period and insertVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00135 Fmt 6652 Sfmt 6401 E:\BILLS\S1642.RS S1642

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1 ing ‘‘enrolled in the qualified programs or 

2 institutions listed in paragraph (1).’’; 

3 (iii) in subparagraph (D)— 

4 (I) by striking ‘‘students’’ and in5 serting ‘‘Black American students or 

6 minority students’’; and 

7 (II) by striking ‘‘institution’’ and 

8 inserting ‘‘institution or program’’; 

9 and 

10 (iv) by striking subparagraph (E) and 

11 inserting the following: 

12 ‘‘(E) The percentage that the total number 

13 of Black American students and minority stu14 dents who receive their first professional, mas15 ter’s, or doctoral degrees from the institution or 

16 program in the academic year preceding the 

17 academic year for which the determination is 

18 made, represents of the total number of Black 

19 American students and minority students in the 

20 United States who receive their first profes21 sional, master’s, or doctoral degrees in the pro22 fessions or disciplines related to the course of 

23 study at such institution or program, respec24 tively, in the preceding academic year.’’; and 


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1 (4) in subsection (g), by striking ‘‘1998’’ and 

2 inserting ‘‘2007’’. 

3 SEC. 310. AUTHORITY OF THE SECRETARY. 

4 Section 345 (20 U.S.C. 1066d) is amended— 

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

6 the semicolon; 

7 (2) in paragraph (7), by striking the period at 

8 the end and inserting ‘‘; and’’; and 

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

10 ‘‘(8) not later than 90 days after the date of 

11 enactment of the Higher Education Amendments of 

12 2007, shall submit to the authorizing committees a 

13 report on the progress of the Department in imple14 menting the recommendations made by the Govern15 ment Accountability Office in October 2006 for im16 proving the Historically Black College and Univer17 sities Capital Financing Program.’’. 

18 SEC. 311. AUTHORIZATION OF APPROPRIATIONS. 

19 Subsection (a) of section 399 (20 U.S.C. 1068h) is 

20 amended to read as follows: 

21 ‘‘(a) AUTHORIZATIONS.— 

22 ‘‘(1) PART A.—(A) There are authorized to be 

23 appropriated to carry out part A (other than sec24 tions 316, 317, and 318) such sums as may be necVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00137 Fmt 6652 Sfmt 6401 E:\BILLS\S1642.RS S1642

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1 essary for fiscal year 2008 and each of the 5 suc2 ceeding fiscal years. 

3 ‘‘(B) There are authorized to be appropriated 

4 to carry out section 316 such sums as may be nec5 essary for fiscal year 2008 and each of the 5 suc6 ceeding fiscal years. 

7 ‘‘(C) There are authorized to be appropriated to 

8 carry out section 317 such sums as may be nec9 essary for fiscal year 2008 and each of the 5 suc10 ceeding fiscal years. 

11 ‘‘(D) There are authorized to be appropriated 

12 to carry out section 318 such sums as may be nec13 essary for fiscal year 2008 and each of the 5 suc14 ceeding fiscal years. 

15 ‘‘(2) PART B.—(A) There are authorized to be 

16 appropriated to carry out part B (other than section 

17 326) such sums as may be necessary for fiscal year 

18 2008 and each of the 5 succeeding fiscal years. 

19 ‘‘(B) There are authorized to be appropriated 

20 to carry out section 326 such sums as may be nec21 essary for fiscal year 2008 and each of the 5 suc22 ceeding fiscal years. 

23 ‘‘(3) PART C.—There are authorized to be ap24 propriated to carry out part C 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 ‘‘(4) PART D.—(A) There are authorized to be 

4 appropriated to carry out part D (other than section 

5 345(7), but including section 347) such sums as 

6 may be necessary for fiscal year 2008 and each of 

7 the 5 succeeding fiscal years. 

8 ‘‘(B) There are authorized to be appropriated 

9 to carry out section 345(7) such sums as may be 

10 necessary for fiscal year 2008 and each of the 5 suc11 ceeding fiscal years. 

12 ‘‘(5) PART E.—There are authorized to be ap13 propriated to carry out part E such sums as may be 

14 necessary for fiscal year 2008 and each of the 5 suc15 ceeding fiscal years.’’. 

16 SEC. 312. TECHNICAL CORRECTIONS. 

17 Title III (20 U.S.C. 1051 et seq.) is further amend18 ed— 

19 (1) in section 342(5)(C) (20 U.S.C. 

20 1066a(5)(C)), by striking ‘‘,,’’ and inserting ‘‘,’’; 

21 (2) in section 343(e) (20 U.S.C. 1066b(e)), by 

22 inserting ‘‘SALE OF QUALIFIED BONDS.—’’ before 

23 ‘‘Notwithstanding’’; 


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1 (3) in the matter preceding clause (i) of section 

2 365(9)(A) (20 U.S.C. 1067k(9)(A)), by striking 

3 ‘‘support’’ and inserting ‘‘supports’’; 

4 (4) in section 391(b)(7)(E) (20 U.S.C. 

5 1068(b)(7)(E)), by striking ‘‘subparagraph (E)’’ and 

6 inserting ‘‘subparagraph (D)’’; 

7 (5) in the matter preceding subparagraph (A) 

8 of section 392(b)(2) (20 U.S.C. 1068a(b)(2)), by 

9 striking ‘‘eligible institutions under part A institu10 tions’’ and inserting ‘‘eligible institutions under part 

11 A’’; and 

12 (6) in the matter preceding paragraph (1) of 

13 section 396 (20 U.S.C. 1068e), by striking ‘‘360’’ 

14 and inserting ‘‘399’’. 

15 TITLE IV—STUDENT ASSISTANCE 

16 PART A—GRANTS TO STUDENTS IN ATTENDANCE 

17 AT INSTITUTIONS OF HIGHER EDUCATION 

18 SEC. 401. FEDERAL PELL GRANTS. 

19 Section 401 (20 U.S.C. 1070a) is amended— 

20 (1) in subsection (a)(1)— 

21 (A) in the first sentence, by striking 

22 ‘‘2004’’ and inserting ‘‘2013’’; and 

23 (B) in the second sentence, by striking ‘‘,,’’ 

24 and inserting ‘‘,’’; 

25 (2) in subsection (b)— 


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1 (A) by striking paragraph (2)(A) and in2 serting the following: 

3 ‘‘(2)(A) The amount of the Federal Pell Grant for 

4 a student eligible under this part shall be— 

5 ‘‘(i) $5,400 for academic year 2008–2009; 

6 ‘‘(ii) $5,700 for academic year 2009–2010; 

7 ‘‘(iii) $6,000 for academic year 2010–2011; and 

8 ‘‘(iv) $6,300 for academic year 2011–2012, 

9 less an amount equal to the amount determined to be the 

10 expected family contribution with respect to that student 

11 for that year.’’; 

12 (B) by striking paragraph (3); 

13 (C) by redesignating paragraphs (4) 

14 through (8) as paragraphs (3) through (7), re15 spectively; 

16 (D) in paragraph (4) (as redesignated by 

17 subparagraph (C)), by striking ‘‘$400, except’’ 

18 and all that follows through the period and in19 serting ‘‘10 percent of the maximum basic 

20 grant level specified in the appropriate Appro21 priation Act for such academic year, except that 

22 a student who is eligible for a Federal Pell 

23 Grant in an amount that is equal to or greater 

24 than 5 percent of such level but less than 10 

25 percent of such level shall be awarded a Federal 


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1 Pell grant in the amount of 10 percent of such 

2 level.’’; and 

3 (E) by striking paragraph (5) (as redesig4 nated by subparagraph (C)) and inserting the 

5 following: 

6 ‘‘(5) In the case of a student who is enrolled, on at 

7 least a half-time basis and for a period of more than 1 

8 academic year in a 2-year or 4-year program of instruction 

9 for which an institution of higher education awards an as10 sociate or baccalaureate degree, the Secretary shall allow 

11 such student to receive not more than 2 Federal Pell 

12 Grants during a single award year to permit such student 

13 to accelerate the student’s progress toward a degree by 

14 attending additional sessions. In the case of a student re15 ceiving more than 1 Federal Pell Grant in a single award 

16 year, the total amount of Federal Pell Grants awarded to 

17 such student for the award year may exceed the maximum 

18 basic grant level specified in the appropriate Appropria19 tion Act for such award year.’’; and 

20 (3) in subsection (c), by adding at the end the 

21 following: 

22 ‘‘(5) The period of time during which a student may 

23 receive Federal Pell Grants shall not exceed 18 semesters, 

24 or an equivalent period of time as determined by the Sec25 retary pursuant to regulations, which period shall— 


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1 ‘‘(A) be determined without regard to whether 

2 the student is enrolled on a full-time basis during 

3 any portion of the period of time; and 

4 ‘‘(B) include any period of time for which the 

5 student received a Federal Pell Grant prior to the 

6 date of enactment of the Higher Education Amend7 ments of 2007.’’. 

8 SEC. 402. ACADEMIC COMPETITIVENESS GRANTS. 

9 Section 401A (20 U.S.C. 1070a–1) is amended— 

10 (1) by striking subsection (a) and inserting the 

11 following: 

12 ‘‘(a) ACADEMIC COMPETITIVENESS GRANT PROGRAM

13 AUTHORIZED.—The Secretary shall award grants, in the 

14 amounts specified in subsection (d)(1), to eligible students 

15 to assist the eligible students in paying their college edu16 cation expenses.’’; 

17 (2) in subsection (b)— 

18 (A) in paragraph (1), by striking ‘‘aca19 demic’’; and 

20 (B) in paragraph (2), by striking ‘‘third or 

21 fourth academic’’ and inserting ‘‘third, fourth, 

22 or fifth’’; 

23 (3) in subsection (c)— 

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

25 by striking ‘‘full-time’’ and all that follows 


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1 through ‘‘is made’’ and inserting ‘‘student 

2 who’’; 

3 (B) by striking paragraph (1) and insert4 ing the following: 

5 ‘‘(1) is eligible for a Federal Pell Grant for the 

6 award year in which the determination of eligibility 

7 is made for a grant under this section;’’; 

8 (C) by striking paragraph (2) and insert9 ing the following: 

10 ‘‘(2) is enrolled or accepted for enrollment in an 

11 institution of higher education on not less than a 

12 half-time basis; and’’; and 

13 (D) in paragraph (3)— 

14 (i) by striking subparagraph (A) and 

15 inserting the following: 

16 ‘‘(A) the first year of a program of under17 graduate education at a 2- or 4-year degree18 granting institution of higher education (includ19 ing a program of not less than 1 year for which 

20 the institution awards a certificate), has suc21 cessfully completed, after January 1, 2006, a 

22 rigorous secondary school program of study es23 tablished by a State or local educational agency 

24 and recognized as such by the Secretary;’’; 

25 (ii) in subparagraph (B)— 


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1 (I) in the matter preceding clause 

2 (i), by striking ‘‘academic’’ and all 

3 that follows through ‘‘higher edu4 cation’’ and inserting ‘‘year of a pro5 gram of undergraduate education at a 

6 2- or 4-year degree-granting institu7 tion of higher education (including a 

8 program of not less than 2 years for 

9 which the institution awards a certifi10 cate)’’; and 

11 (II) in clause (ii)— 

12 (aa) by striking ‘‘academic’’; 

13 and 

14 (bb) by striking ‘‘or’’ after 

15 the semicolon at the end; 

16 (iii) in subparagraph (C)— 

17 (I) by striking ‘‘academic’’; 

18 (II) by striking ‘‘four’’ and in19 serting ‘‘4’’; 

20 (III) by striking clause (i)(II) 

21 and inserting the following: 

22 ‘‘(II) a critical foreign language; 

23 and’’; and 


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1 (IV) in clause (ii), by striking the 

2 period at the end and inserting a 

3 semicolon; and 

4 (iv) by adding at the end the fol5 lowing: 

6 ‘‘(D) the third or fourth year of a program 

7 of undergraduate education at an institution of 

8 higher education (as defined in section 101(a)) 

9 that demonstrates, to the satisfaction of the 

10 Secretary, that the institution— 

11 ‘‘(i) offers a single liberal arts cur12 riculum leading to a baccalaureate degree, 

13 under which students are not permitted by 

14 the institution to declare a major in a par15 ticular subject area, but do study, in such 

16 years, a subject described in subparagraph 

17 (C)(i) that is at least equal to the require18 ments for an academic major at an institu19 tion of higher education that offers a bac20 calaureate degree in such subject, as cer21 tified by the appropriate official of the 

22 demonstrating institution; and 

23 ‘‘(ii) offered such curriculum prior to 

24 February 8, 2006; or 


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1 ‘‘(E) the fifth year of a program of under2 graduate education that requires 5 full years of 

3 coursework for which a baccalaureate degree is 

4 awarded by a degree-granting institution of 

5 higher education, as certified by the appropriate 

6 official of such institution— 

7 ‘‘(i) is pursuing a major in— 

8 ‘‘(I) the physical, life, or com9 puter sciences, mathematics, tech10 nology, or engineering (as determined 

11 by the Secretary pursuant to regula12 tions); or 

13 ‘‘(II) a critical foreign language; 

14 and 

15 ‘‘(ii) has obtained a cumulative grade 

16 point average of at least 3.0 (or the equiv17 alent as determined under regulations pre18 scribed by the Secretary) in the coursework 

19 required for the major described in clause 

20 (i).’’; 

21 (4) in subsection (d)— 

22 (A) in paragraph (1)— 

23 (i) in subparagraph (A)— 

24 (I) by striking ‘‘The’’ and insert25 ing ‘‘IN GENERAL.—The’’; 


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1 (II) in clause (ii), by striking 

2 ‘‘or’’ after the semicolon at the end; 

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

4 ‘‘subsection (c)(3)(C).’’ and inserting 

5 ‘‘subparagraph (C) or (D) of sub6 section (c)(3), for each of the 2 years 

7 described in such subparagraphs; or’’; 

8 and 

9 (IV) by adding at the end the fol10 lowing: 

11 ‘‘(iv) $4,000 for an eligible student 

12 under subsection (c)(3)(E).’’; and 

13 (ii) in subparagraph (B)— 

14 (I) by striking ‘‘Notwith15 standing’’ and inserting ‘‘LIMITATION; 

16 RATABLE REDUCTION.—Notwith17 standing’’; 

18 (II) by redesignating clauses (i), 

19 (ii), and (iii), as clauses (ii), (iii), and 

20 (iv), respectively; and 

21 (III) by inserting before clause 

22 (ii), as redesignated under subclause 

23 (II), the following: 

24 ‘‘(i) in any case in which a student at25 tends an institution of higher education on 


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1 less than a full-time basis, the amount of 

2 the grant to which such student is eligible 

3 shall be reduced in the same manner as a 

4 Federal Pell Grant is reduced under sec5 tion 401(b)(2)(B);’’; 

6 (B) by striking paragraph (2) and insert7 ing the following: 

8 ‘‘(2) LIMITATIONS.— 

9 ‘‘(A) NO GRANTS FOR PREVIOUS CRED10 IT.—The Secretary may not award a grant 

11 under this section to any student for a year of 

12 a program of undergraduate education de13 scribed in subparagraph (A), (B), (C), (D), or 

14 (E) of subsection (c)(3) for which the student 

15 received credit before the date of enactment of 

16 the Higher Education Reconciliation Act of 

17 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 for 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 litVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00162 Fmt 6652 Sfmt 6401 E:\BILLS\S1642.RS S1642

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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 (d) STUDENT SUPPORT SERVICES.—Section 402D 

8 (20 U.S.C. 1070a–14) is amended— 

9 (1) in subsection (a)— 

10 (A) in paragraph (2), by striking ‘‘and’’ 

11 after the semicolon; 

12 (B) by striking paragraph (3) and insert13 ing the following: 

14 ‘‘(3) to foster an institutional climate sup15 portive of the success of low-income and first gen16 eration college students, students with disabilities, 

17 students who are limited English proficient, students 

18 who are homeless children and youths (as such term 

19 is defined in section 725 of the McKinney-Vento 

20 Homeless Assistance Act (42 U.S.C. 11434a)), and 

21 students who are in foster care or are aging out of 

22 the foster care system.’’; and 

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

24 ‘‘(4) to improve the financial literacy and eco25 nomic literacy of students, including— 


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1 ‘‘(A) basic personal income, household 

2 money management, and financial planning 

3 skills; and 

4 ‘‘(B) basic economic decisionmaking 

5 skills.’’; 

6 (2) by redesignating subsections (c) and (d) as 

7 subsections (d) and (e); 

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

9 following: 

10 ‘‘(b) REQUIRED SERVICES.—A project assisted under 

11 this section shall provide— 

12 ‘‘(1) academic tutoring to enable students to 

13 complete postsecondary courses, which may include 

14 instruction in reading, writing, study skills, mathe15 matics, science, and other subjects; 

16 ‘‘(2) advice and assistance in postsecondary 

17 course selection; 

18 ‘‘(3)(A) information on both the full range of 

19 Federal student financial aid programs (including 

20 Federal Pell Grant awards and loan forgiveness) and 

21 resources for locating public and private scholar22 ships; and 

23 ‘‘(B) assistance in completing financial aid ap24 plications, including the Free Application for Fed25 eral Student Aid described in section 483(a); 


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1 ‘‘(4) education or counseling services designed 

2 to improve the financial literacy and economic lit3 eracy of students, including financial planning for 

4 postsecondary education; 

5 ‘‘(5) activities designed to assist students par6 ticipating in the project in securing college admis7 sion and financial assistance for enrollment in grad8 uate and professional programs; and 

9 ‘‘(6) activities designed to assist students en10 rolled in 2-year institutions of higher education in 

11 securing admission and financial assistance for en12 rollment in a 4-year program of postsecondary edu13 cation. 

14 ‘‘(c) PERMISSIBLE SERVICES.—A project assisted 

15 under this section may provide services such as— 

16 ‘‘(1) consistent, individualized personal, career, 

17 and academic counseling, provided by assigned coun18 selors; 

19 ‘‘(2) information, activities, and instruction de20 signed to acquaint youths participating in the 

21 project with the range of career options available to 

22 the students; 

23 ‘‘(3) exposure to cultural events and academic 

24 programs not usually available to disadvantaged stu25 dents; 


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1 ‘‘(4) activities designed to acquaint students 

2 participating in the project with the range of career 

3 options available to the students; 

4 ‘‘(5) mentoring programs involving faculty or 

5 upper class students, or a combination thereof; 

6 ‘‘(6) securing temporary housing during breaks 

7 in the academic year for students who are homeless 

8 children and youths (as such term is defined in sec9 tion 725 of the McKinney-Vento Homeless Assist10 ance Act (42 U.S.C. 11434a)) or were formerly 

11 homeless children and youths and students who are 

12 in foster care or are aging out of the foster care sys13 tem; and 

14 ‘‘(7) programs and activities as described in 

15 subsection (b) or paragraphs (1) through (5) of this 

16 subsection that are specially designed for students 

17 who are limited English proficient, students with 

18 disabilities, students who are homeless children and 

19 youths (as such term is defined in section 725 of the 

20 McKinney-Vento Homeless Assistance Act (42 

21 U.S.C. 11434a)) or were formerly homeless children 

22 and youths, or students who are in foster care or are 

23 aging out of the foster care system.’’; 


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1 (4) in subsection (d)(1) (as redesignated by 

2 paragraph (2)), by striking ‘‘subsection (b)’’ and in3 serting ‘‘subsection (c)’’; and 

4 (5) in the matter preceding paragraph (1) of 

5 subsection (e) (as redesignated by paragraph (2)), 

6 by striking ‘‘student support services projects under 

7 this chapter’’ and inserting ‘‘projects under this sec8 tion’’. 

9 (e) POSTBACCALAUREATE ACHIEVEMENT PROGRAM

10 AUTHORITY.—Section 402E (20 U.S.C. 1070a–15) is 

11 amended— 

12 (1) in subsection (b)— 

13 (A) in the subsection heading, by inserting 

14 ‘‘REQUIRED’’ before ‘‘SERVICES’’; 

15 (B) in the matter preceding paragraph (1), 

16 by striking ‘‘A postbaccalaureate achievement 

17 project assisted under this section may provide 

18 services such as—’’ and inserting ‘‘A project as19 sisted under this section shall provide—’’; 

20 (C) in paragraph (5), by inserting ‘‘and’’ 

21 after the semicolon; 

22 (D) in paragraph (6), by striking the semi23 colon and inserting a period; and 

24 (E) by striking paragraphs (7) and (8); 


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1 (2) by redesignating subsections (c) through (f) 

2 as subsections (d) through (g), respectively; 

3 (3) by inserting after subsection (b) the fol4 lowing: 

5 ‘‘(c) PERMISSIBLE SERVICES.—A project assisted 

6 under this section may provide services such as— 

7 ‘‘(1) education or counseling services designed 

8 to improve the financial literacy and economic lit9 eracy of students, including financial planning for 

10 postsecondary education; 

11 ‘‘(2) mentoring programs involving faculty 

12 members at institutions of higher education, stu13 dents, or any combination of such persons; and 

14 ‘‘(3) exposure to cultural events and academic 

15 programs not usually available to disadvantaged stu16 dents.’’; 

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

18 subsection (d) (as redesignated by paragraph (2)), 

19 by striking ‘‘postbaccalaureate achievement’’; 

20 (5) in the matter preceding paragraph (1) of 

21 subsection (f) (as redesignated by paragraph (2)), by 

22 striking ‘‘postbaccalaureate achievement project’’ 

23 and inserting ‘‘project under this section’’; and 

24 (6) in subsection (g) (as redesignated by para25 graph (2))— 


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1 (A) by striking ‘‘402A(f)’’ and inserting 

2 ‘‘402A(g)’’; and 

3 (B) by striking ‘‘1993 through 1997’’ and 

4 inserting ‘‘2007 through 2012’’. 

5 (f) EDUCATIONAL OPPORTUNITY CENTERS.—Section 

6 402F (20 U.S.C. 1070a–16) is amended— 

7 (1) in subsection (a)— 

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

9 after the semicolon; 

10 (B) in paragraph (2), by striking the pe11 riod at the end and inserting ‘‘; and’’; and 

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

13 ‘‘(3) to improve the financial literacy and eco14 nomic literacy of students, including— 

15 ‘‘(A) basic personal income, household 

16 money management, and financial planning 

17 skills; and 

18 ‘‘(B) basic economic decisionmaking 

19 skills.’’; and 

20 (2) in subsection (b)— 

21 (A) by redesignating paragraphs (5) 

22 through (10) as paragraphs (6) through (11), 

23 respectively; 

24 (B) by inserting after paragraph (4) the 

25 following: 


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1 ‘‘(5) education or counseling services designed 

2 to improve the financial literacy and economic lit3 eracy of students;’’; 

4 (C) by striking paragraph (7) (as redesig5 nated by subparagraph (A)) and inserting the 

6 following: 

7 ‘‘(7) individualized personal, career, and aca8 demic counseling;’’; and 

9 (D) by striking paragraph (11) (as redesig10 nated by subparagraph (A)) and inserting the 

11 following: 

12 ‘‘(11) programs and activities as described in 

13 paragraphs (1) through (10) that are specially de14 signed for students who are limited English pro15 ficient, students with disabilities, or students who 

16 are homeless children and youths (as such term is 

17 defined in section 725 of the McKinney-Vento 

18 Homeless Assistance Act (42 U.S.C. 11434a)), or 

19 programs and activities for students who are in fos20 ter care or are aging out of the foster care system.’’. 

21 (g) STAFF DEVELOPMENT ACTIVITIES.—Section 

22 402G(b)(3) (20 U.S.C. 1070a–17(b)(3)) is amended by in23 serting ‘‘, including strategies for recruiting and serving 

24 students who are homeless children and youths (as such 

25 term is defined in section 725 of the McKinney-Vento 


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1 Homeless Assistance Act (42 U.S.C. 11434a)) and stu2 dents who are in foster care or are aging out of the foster 

3 care system’’ before the period at the end. 

4 (h) REPORTS, EVALUATIONS, AND GRANTS FOR

5 PROJECT IMPROVEMENT AND DISSEMINATION.—Section 

6 402H (20 U.S.C. 1070a–18) is amended— 

7 (1) by striking the section heading and insert8 ing ‘‘REPORTS, EVALUATIONS, AND GRANTS

9 FOR PROJECT IMPROVEMENT AND DISSEMINA10 TION.’’; 

11 (2) by redesignating subsections (a) through (c) 

12 as subsections (b) through (d), respectively; 

13 (3) by inserting before subsection (b) (as redes14 ignated by paragraph (2)) the following: 

15 ‘‘(a) REPORTS TO THE AUTHORIZING COMMIT16 TEES.—The Secretary shall submit annually, to the au17 thorizing committees, a report that documents the per18 formance of all programs funded under this chapter. The 

19 report shall— 

20 ‘‘(1) be submitted not later than 24 months 

21 after the eligible entities receiving funds under this 

22 chapter are required to report their performance to 

23 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) EVALUATION SPECIAL RULES.— 

18 ‘‘(A) RECRUITMENT.—The Secretary shall 

19 not require an eligible entity desiring to receive 

20 assistance under this chapter to recruit stu21 dents to serve as a control group for purposes 

22 of evaluating any program or project assisted 

23 under this chapter. 

24 ‘‘(B) PERMISSIBLE PRIORITY.—If the Sec25 retary elects to provide for the conduct of an 


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1 evaluation of a program or project under this 

2 chapter using a control group, then the Sec3 retary may give priority in providing assistance 

4 under this chapter, subject to section 402C(e), 

5 to an eligible entity that elects to participate in 

6 such an evaluation.’’. 

7 SEC. 404. GAINING EARLY AWARENESS AND READINESS 

8 FOR UNDERGRADUATE PROGRAMS. 

9 (a) EARLY INTERVENTION AND COLLEGE AWARE10 NESS PROGRAM AUTHORIZED.—Section 404A (20 U.S.C. 

11 1070a–21) is amended— 

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

13 following: 

14 ‘‘(a) PROGRAM AUTHORIZED.—The Secretary is au15 thorized, in accordance with the requirements of this chap16 ter, to establish a program that encourages eligible entities 

17 to provide support to eligible low-income students to assist 

18 the students in obtaining a secondary school diploma (or 

19 its recognized equivalent) and to prepare for and succeed 

20 in postsecondary education, by providing— 

21 ‘‘(1) financial assistance, academic support, ad22 ditional counseling, mentoring, outreach, and sup23 portive services to middle school and secondary 

24 school students to reduce— 


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1 ‘‘(A) the risk of such students dropping 

2 out of school; or 

3 ‘‘(B) the need for remedial education for 

4 such students at the postsecondary level; and 

5 ‘‘(2) information to students and their parents 

6 about the advantages of obtaining a postsecondary 

7 education and the college financing options for the 

8 students and their parents.’’; 

9 (2) by striking subsection (b)(2)(A) and insert10 ing the following: 

11 ‘‘(A) give priority to eligible entities that 

12 have a prior, demonstrated commitment to 

13 early intervention leading to college access 

14 through collaboration and replication of suc15 cessful strategies;’’; and 

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

17 the following: 

18 ‘‘(2) a partnership— 

19 ‘‘(A) consisting of— 

20 ‘‘(i) 1 or more local educational agen21 cies; and 

22 ‘‘(ii) 1 or more degree granting insti23 tutions of higher education; and 

24 ‘‘(B) which may include not less than 2 

25 other community organizations or entities, such 


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1 as businesses, professional organizations, State 

2 agencies, institutions or agencies sponsoring 

3 programs authorized under subpart 4, or other 

4 public or private agencies or organizations.’’. 

5 (b) REQUIREMENTS.—Section 404B (20 U.S.C. 

6 1070a–22) is amended— 

7 (1) by striking subsection (a) and inserting the 

8 following: — 

9 ‘‘(a) FUNDING RULES.— 

10 ‘‘(1) DISTRIBUTION.—In awarding grants from 

11 the amount appropriated under section 404G for a 

12 fiscal year, the Secretary shall take into consider13 ation— 

14 ‘‘(A) the geographic distribution of such 

15 awards; and 

16 ‘‘(B) the distribution of such awards be17 tween urban and rural applicants. 

18 ‘‘(2) SPECIAL RULE.—The Secretary shall an19 nually reevaluate the distribution of funds described 

20 in paragraph (1) based on number, quality, and 

21 promise of the applications.’’; 

22 (2) by striking subsections (b), (e), and (f); 

23 (3) by redesignating subsections (c), (d), and 

24 (g) as subsections (b), (c), and (d), respectively; and 

25 (4) by adding at the end the following: 


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1 ‘‘(e) SUPPLEMENT, NOT SUPPLANT.—Grant funds 

2 awarded under this chapter shall be used to supplement, 

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

4 that would otherwise be expended to carry out activities 

5 assisted under this chapter.’’. 

6 (c) APPLICATION.—Section 404C (20 U.S.C. 1070a– 

7 23) is amended— 

8 (1) in the section heading, by striking ‘‘ELIGI9 BLE ENTITY PLANS’’ and inserting ‘‘APPLICA10 TIONS’’; 

11 (2) in subsection (a)— 

12 (A) in the subsection heading, by striking 

13 ‘‘PLAN’’ and inserting ‘‘APPLICATION’’; 

14 (B) in paragraph (1)— 

15 (i) by striking ‘‘a plan’’ and inserting 

16 ‘‘an application’’; and 

17 (ii) by striking the second sentence; 

18 and 

19 (C) by striking paragraph (2) and insert20 ing the following: 

21 ‘‘(2) CONTENTS.—Each application submitted 

22 pursuant to paragraph (1) shall be in such form, 

23 contain or be accompanied by such information or 

24 assurances, and be submitted at such time as the 


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1 Secretary may require. Each such application shall, 

2 at a minimum— 

3 ‘‘(A) describe the activities for which as4 sistance under this chapter is sought, including 

5 how the eligible entity will carry out the re6 quired activities described in section 404D(a); 

7 ‘‘(B) describe how the eligible agency will 

8 meet the requirements of section 404E; 

9 ‘‘(C) provide assurances that adequate ad10 ministrative and support staff will be respon11 sible for coordinating the activities described in 

12 section 404D; 

13 ‘‘(D) ensure that activities assisted under 

14 this chapter will not displace an employee or 

15 eliminate a position at a school assisted under 

16 this chapter, including a partial displacement 

17 such as a reduction in hours, wages or employ18 ment benefits; 

19 ‘‘(E) describe, in the case of an eligible en20 tity described in section 404A(c)(2), how the el21 igible entity will define the cohorts of the stu22 dents served by the eligible entity pursuant to 

23 section 404B(d), and how the eligible entity will 

24 serve the cohorts through grade 12, including— 


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1 ‘‘(i) how vacancies in the program 

2 under this chapter will be filled; and 

3 ‘‘(ii) how the eligible entity will serve 

4 students attending different secondary 

5 schools; 

6 ‘‘(F) describe how the eligible entity will 

7 coordinate programs with other existing Fed8 eral, State, or local programs to avoid duplica9 tion and maximize the number of students 

10 served; 

11 ‘‘(G) provide such additional assurances as 

12 the Secretary determines necessary to ensure 

13 compliance with the requirements of this chap14 ter; and 

15 ‘‘(H) provide information about the activi16 ties that will be carried out by the eligible enti17 ty to support systemic changes from which fu18 ture cohorts of students will benefit.’’; 

19 (3) in the matter preceding subparagraph (A) 

20 of subsection (b)(1)— 

21 (A) by striking ‘‘a plan’’ and inserting ‘‘an 

22 application’’; and 

23 (B) by striking ‘‘such plan’’ and inserting 

24 ‘‘such application’’; and 


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1 (4) in subsection (c)(1), by striking the semi2 colon at the end and inserting ‘‘including— 

3 ‘‘(A) the amount contributed to a student 

4 scholarship fund established under section 

5 404E; and 

6 ‘‘(B) the amount of the costs of admin7 istering the scholarship program under section 

8 404E;’’. 

9 (d) ACTIVITIES.—Section 404D (20 U.S.C. 1070a– 

10 24) is amended to read as follows: 

11 ‘‘SEC. 404D. ACTIVITIES. 

12 ‘‘(a) REQUIRED ACTIVITIES.—Each eligible entity re13 ceiving a grant under this chapter shall carry out the fol14 lowing: 

15 ‘‘(1) Provide information regarding financial 

16 aid for postsecondary education to participating stu17 dents in the cohort described in subsection 

18 404B(d)(1)(A). 

19 ‘‘(2) Encourage student enrollment in rigorous 

20 and challenging curricula and coursework, in order 

21 to reduce the need for remedial coursework at the 

22 postsecondary level. 

23 ‘‘(3) Support activities designed to improve the 

24 number of participating students who— 


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1 ‘‘(A) obtain a secondary school diploma; 

2 and 

3 ‘‘(B) complete applications for and enroll 

4 in a program of postsecondary education. 

5 ‘‘(4) In the case of an eligible entity described 

6 in section 404A(c)(1), provide for the scholarships 

7 described in section 404E. 

8 ‘‘(b) OPTIONAL ACTIVITIES FOR STATES AND PART9 NERSHIPS.—An eligible entity that receives a grant under 

10 this chapter may use grant funds to carry out 1 or more 

11 of the following activities: 

12 ‘‘(1) Providing tutoring and supporting men13 tors, including adults or former participants of a 

14 program under this chapter, for eligible students. 

15 ‘‘(2) Conducting outreach activities to recruit 

16 priority students described in subsection (d) to par17 ticipate in program activities. 

18 ‘‘(3) Providing supportive services to eligible 

19 students. 

20 ‘‘(4) Supporting the development or implemen21 tation of rigorous academic curricula, which may in22 clude college preparatory, Advanced Placement, or 

23 International Baccalaureate programs, and providing 

24 participating students access to rigorous core 


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1 courses that reflect challenging State academic 

2 standards. 

3 ‘‘(5) Supporting dual or concurrent enrollment 

4 programs between the secondary school and institu5 tion of higher education partners of an eligible entity 

6 described in section 404A(c)(2), and other activities 

7 that support participating students in— 

8 ‘‘(A) meeting challenging academic stand9 ards; 

10 ‘‘(B) successfully applying for postsec11 ondary education; 

12 ‘‘(C) successfully applying for student fi13 nancial aid; and 

14 ‘‘(D) developing graduation and career 

15 plans. 

16 ‘‘(6) Providing support for scholarships de17 scribed in section 404E. 

18 ‘‘(7) Introducing eligible students to institutions 

19 of higher education, through trips and school-based 

20 sessions. 

21 ‘‘(8) Providing an intensive extended school 

22 day, school year, or summer program that offers— 

23 ‘‘(A) additional academic classes; or 

24 ‘‘(B) assistance with college admission ap25 plications. 


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1 ‘‘(9) Providing other activities designed to en2 sure secondary school completion and postsecondary 

3 education enrollment of at-risk children, such as— 

4 ‘‘(A) the identification of at-risk children; 

5 ‘‘(B) after-school and summer tutoring; 

6 ‘‘(C) assistance to at-risk children in ob7 taining summer jobs; 

8 ‘‘(D) academic counseling; 

9 ‘‘(E) volunteer and parent involvement; 

10 ‘‘(F) encouraging former or current par11 ticipants of a program under this chapter to 

12 serve as peer counselors; 

13 ‘‘(G) skills assessments; 

14 ‘‘(H) personal counseling; 

15 ‘‘(I) family counseling and home visits; 

16 ‘‘(J) staff development; and 

17 ‘‘(K) programs and activities described in 

18 this subsection that are specially designed for 

19 students who are limited English proficient. 

20 ‘‘(10) Enabling eligible students to enroll in Ad21 vanced Placement or International Baccalaureate 

22 courses, or college entrance examination preparation 

23 courses. 

24 ‘‘(11) Providing services to eligible students in 

25 the participating cohort described in section 


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1 404B(d)(1)(A), through the first year of attendance 

2 at an institution of higher education. 

3 ‘‘(c) ADDITIONAL OPTIONAL ACTIVITIES FOR

4 STATES.—In addition to the required activities described 

5 in subsection (a) and the optional activities described in 

6 subsection (b), an eligible entity described in section 

7 404A(c)(1) receiving funds under this chapter may use 

8 grant funds to carry out 1 or more of the following activi9 ties: 

10 ‘‘(1) Providing technical assistance to— 

11 ‘‘(A) middle schools or secondary schools 

12 that are located within the State; or 

13 ‘‘(B) partnerships described in section 

14 404A(c)(2) that are located within the State. 

15 ‘‘(2) Providing professional development oppor16 tunities to individuals working with eligible cohorts 

17 of students described in section 404B(d)(1)(A). 

18 ‘‘(3) Providing strategies and activities that 

19 align efforts in the State to prepare eligible students 

20 for attending and succeeding in postsecondary edu21 cation, which may include the development of grad22 uation and career plans. 

23 ‘‘(4) Disseminating information on the use of 

24 scientifically based research and best practices to 

25 improve services for eligible students. 


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1 ‘‘(5)(A) Disseminating information on effective 

2 coursework and support services that assist students 

3 in obtaining the goals described in subparagraph 

4 (B)(ii). 

5 ‘‘(B) Identifying and disseminating information 

6 on best practices with respect to— 

7 ‘‘(i) increasing parental involvement; and 

8 ‘‘(ii) preparing students, including students 

9 with disabilities and students who are limited 

10 English proficient, to succeed academically in, 

11 and prepare financially for, postsecondary edu12 cation. 

13 ‘‘(6) Working to align State academic standards 

14 and curricula with the expectations of postsecondary 

15 institutions and employers. 

16 ‘‘(7) Developing alternatives to traditional sec17 ondary school that give students a head start on at18 taining a recognized postsecondary credential (in19 cluding an industry certificate, an apprenticeship, or 

20 an associate’s or a bachelor’s degree), including 

21 school designs that give students early exposure to 

22 college-level courses and experiences and allow stu23 dents to earn transferable college credits or an asso24 ciate’s degree at the same time as a secondary 

25 school diploma. 


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1 ‘‘(8) Creating community college programs for 

2 drop-outs that are personalized drop-out recovery 

3 programs that allow drop-outs to complete a regular 

4 secondary school diploma and begin college-level 

5 work. 

6 ‘‘(d) PRIORITY STUDENTS.—For eligible entities not 

7 using a cohort approach, the eligible entity shall treat as 

8 priority students any student in middle or secondary 

9 school who is eligible— 

10 ‘‘(1) to be counted under section 1124(c) of the 

11 Elementary and Secondary Education Act of 1965; 

12 ‘‘(2) for free or reduced price meals under the 

13 Richard B. Russell National School Lunch Act; 

14 ‘‘(3) for assistance under a State program 

15 funded under part A or E of title IV of the Social 

16 Security Act (42 U.S.C. 601 et seq., 670 et seq.); 

17 or 

18 ‘‘(4) for assistance under subtitle B of title VII 

19 of the McKinney-Vento Homeless Assistance Act (42 

20 U.S.C. 11431 et seq.). 

21 ‘‘(e) ALLOWABLE PROVIDERS.—In the case of eligible 

22 entities described in section 404A(c)(1), the activities re23 quired by this section may be provided by service providers 

24 such as community-based organizations, schools, institu25 tions of higher education, public and private agencies, 


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1 nonprofit and philanthropic organizations, businesses, in2 stitutions and agencies sponsoring programs authorized 

3 under subpart 4, and other organizations the State deter4 mines appropriate.’’. 

5 (e) SCHOLARSHIP COMPONENT.—Section 404E (20 

6 U.S.C. 1070a–25) is amended— 

7 (1) by striking subsections (e) and (f); 

8 (2) by redesignating subsections (b), (c), and 

9 (d) as subsections (d), (f), and (g), respectively; 

10 (3) by inserting after subsection (a) the fol11 lowing: 

12 ‘‘(b) LIMITATION.— 

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

14 each eligible entity described in section 404A(c)(1) 

15 that receives a grant under this chapter shall use 

16 not less than 25 percent and not more than 50 per17 cent of the grant funds for activities described in 

18 section 404D (except for the activity described in 

19 subsection (a)(4) of such section), with the remain20 der of such funds to be used for a scholarship pro21 gram under this section in accordance with such 

22 subsection. 

23 ‘‘(2) EXCEPTION.—Notwithstanding paragraph 

24 (1), the Secretary may allow an eligible entity to use 

25 more than 50 percent of grant funds received under 


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1 this chapter for such activities, if the eligible entity 

2 demonstrates that the eligible entity has another 

3 means of providing the students with the financial 

4 assistance described in this section and describes 

5 such means in the application submitted under sec6 tion 404C. 

7 ‘‘(c) NOTIFICATION OF ELIGIBILITY.—Each eligible 

8 entity providing scholarships under this section shall pro9 vide information on the eligibility requirements for the 

10 scholarships to all participating students upon the stu11 dents’ entry into the programs assisted under this chap12 ter.’’; 

13 (4) in subsection (d) (as redesignated by para14 graph (2)), by striking ‘‘the lesser of’’ and all that 

15 follows through the period at the end of paragraph 

16 (2) and inserting ‘‘the minimum Federal Pell Grant 

17 award under section 401 for such award year.’’; 

18 (5) by inserting after subsection (d) (as redesig19 nated by paragraph (2) and amended by paragraph 

20 (4)) the following: 

21 ‘‘(e) PORTABILITY OF ASSISTANCE.— 

22 ‘‘(1) IN GENERAL.—Each eligible entity de23 scribed in section 404A(c)(1) that receives a grant 

24 under this chapter shall create or organize a trust 

25 for each cohort described in section 404B(d)(1)(A) 


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1 for which the grant is sought in the application sub2 mitted by the entity, which trust shall be an amount 

3 that is not less than the minimum scholarship 

4 amount described in subsection (d), multiplied by 

5 the number of students participating in the cohort. 

6 ‘‘(2) REQUIREMENT FOR PORTABILITY.—Funds 

7 contributed to the trust for a cohort shall be avail8 able to a student in the cohort when the student 

9 has— 

10 ‘‘(A) completed a secondary school di11 ploma, its recognized equivalent, or other recog12 nized alternative standard for individuals with 

13 disabilities; and 

14 ‘‘(B) enrolled in an institution of higher 

15 education. 

16 ‘‘(3) QUALIFIED EDUCATIONAL EXPENSES.— 

17 Funds available to an eligible student from a trust 

18 may be used for— 

19 ‘‘(A) tuition, fees, books, supplies, and 

20 equipment required for the enrollment or at21 tendance of the eligible student at an institution 

22 of higher education; and 

23 ‘‘(B) in the case of an eligible student with 

24 special needs, expenses for special needs servVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00194 Fmt 6652 Sfmt 6401 E:\BILLS\S1642.RS S1642

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1 ices which are incurred in connection with such 

2 enrollment or attendance. 

3 ‘‘(4) RETURN OF FUNDS.— 

4 ‘‘(A) REDISTRIBUTION.— 

5 ‘‘(i) IN GENERAL.—Trust funds that 

6 are not used by an eligible student within 

7 6 years of the student’s scheduled comple8 tion of secondary school may be redistrib9 uted by the eligible entity to other eligible 

10 students. 

11 ‘‘(ii) RETURN OF EXCESS TO THE

12 SECRETARY.—If, after meeting the require13 ments of paragraph (1) and, if applicable, 

14 redistributing excess funds in accordance 

15 with clause (i), an eligible entity has funds 

16 remaining, the eligible entity shall return 

17 excess funds to the Secretary for distribu18 tion to other grantees under this chapter. 

19 ‘‘(B) NONPARTICIPATING ENTITY.—Not20 withstanding subparagraph (A), in the case of 

21 an eligible entity described in section 

22 404A(c)(1)(A) that does not receive assistance 

23 under this subpart for 6 fiscal years, the eligi24 ble entity shall return any trust funds not 

25 awarded or obligated to eligible students to the 


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1 Secretary for distribution to other grantees 

2 under this chapter.’’; and 

3 (6) in subsection (g) (as redesignated by para4 graph (2))— 

5 (A) in paragraph (2), by striking ‘‘1993’’ 

6 and inserting ‘‘2001’’; and 

7 (B) in paragraph (4), by striking ‘‘early 

8 intervention component required under section 

9 404D’’ and inserting ‘‘activities required under 

10 section 404D(a)’’. 

11 (f) REPEAL OF 21ST CENTURY SCHOLAR CERTIFI12 CATES.—Chapter 2 of subpart 2 of part A of title IV (20 

13 U.S.C. 1070a–21 et seq.) is further amended— 

14 (1) by striking section 404F; and 

15 (2) by redesignating sections 404G and 404H 

16 as sections 404F and 404G, respectively. 

17 (g) AUTHORIZATION OF APPROPRIATIONS.—Section 

18 404G (as redesignated by subsection (f)) (20 U.S.C. 

19 1070a–28) is amended by striking ‘‘$200,000,000 for fis20 cal year 1999’’ and all that follows through the period and 

21 inserting ‘‘such sums as may be necessary for fiscal year 

22 2008 and each of the 5 succeeding fiscal years.’’. 

23 (h) CONFORMING AMENDMENTS.—Chapter 2 of sub24 part 2 of part A of title IV (20 U.S.C. 1070a–21 et seq.) 

25 is further amended— 


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1 (1) in section 404A(b)(1), by striking ‘‘404H’’ 

2 and inserting ‘‘404G’’; 

3 (2) in section 404B(a)(1), by striking ‘‘404H’’ 

4 and inserting ‘‘404G’’; and 

5 (3) in section 404F(c) (as redesignated by sub6 section (f)(2)), by striking ‘‘404H’’ and inserting 

7 ‘‘404G’’. 

8 SEC. 405. ACADEMIC ACHIEVEMENT INCENTIVE SCHOLAR9 SHIPS. 

10 Chapter 3 of subpart 2 of part A of title IV (20 

11 U.S.C. 1070a–31 et seq.) is repealed. 

12 SEC. 406. FEDERAL SUPPLEMENTAL EDUCATIONAL OPPOR13 TUNITY GRANTS. 

14 (a) APPROPRIATIONS AUTHORIZED.—Section 

15 413A(b)(1) (20 U.S.C. 1070b(b)(1)) is amended by strik16 ing ‘‘$675,000,000 for fiscal year 1999’’ and all that fol17 lows through the period and inserting ‘‘such sums as may 

18 be necessary for fiscal year 2008 and each of the 5 suc19 ceeding fiscal years.’’. 

20 (b) ALLOCATION OF FUNDS.— 

21 (1) ALLOCATION OF FUNDS.—Section 413D 

22 (20 U.S.C. 1070b–3) is amended— 

23 (A) by striking subsection (a)(4); and 

24 (B) in subsection (c)(3)(D), by striking 

25 ‘‘$450’’ and inserting ‘‘$600’’. 


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1 (2) TECHNICAL CORRECTION.—Section 

2 413D(a)(1) (20 U.S.C. 1070b–3(a)(1)) is amended 

3 by striking ‘‘such institution’’ and all that follows 

4 through the period and inserting ‘‘such institution 

5 received under subsections (a) and (b) of this section 

6 for fiscal year 1999 (as such subsections were in ef7 fect with respect to allocations for such fiscal 

8 year).’’. 

9 SEC. 407. LEVERAGING EDUCATIONAL ASSISTANCE PART10 NERSHIP PROGRAM. 

11 (a) APPROPRIATIONS AUTHORIZED.—Section 

12 415A(b)(1) (20 U.S.C. 1070c(b)(1)) is amended to read 

13 as follows: 

14 ‘‘(1) IN GENERAL.—There are authorized to be 

15 appropriated to carry out this subpart such sums as 

16 may be necessary for fiscal year 2008 and each of 

17 the 5 succeeding fiscal years.’’. 

18 (b) APPLICATIONS.—Section 415C(b) (20 U.S.C. 

19 1070c–2(b)) is amended— 

20 (1) in the matter preceding subparagraph (A) 

21 of paragraph (2), by striking ‘‘not in excess of 

22 $5,000 per academic year’’ and inserting ‘‘not to ex23 ceed the lesser of $12,500 or the student’s cost of 

24 attendance per academic year’’; and 


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1 (2) by striking paragraph (10) and inserting 

2 the following: 

3 ‘‘(10) provides notification to eligible students 

4 that such grants are— 

5 ‘‘(A) Leveraging Educational Assistance 

6 Partnership grants; and 

7 ‘‘(B) funded by the Federal Government, 

8 the State, and other contributing partners.’’. 

9 (c) GRANTS FOR ACCESS AND PERSISTENCE.—Sec10 tion 415E (20 U.S.C. 1070c–3a) is amended to read as 

11 follows: 

12 ‘‘SEC. 415E. GRANTS FOR ACCESS AND PERSISTENCE. 

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

14 expand college access and increase college persistence by 

15 making allotments to States to enable the States to— 

16 ‘‘(1) expand and enhance partnerships with in17 stitutions of higher education, early information and 

18 intervention, mentoring, or outreach programs, pri19 vate corporations, philanthropic organizations, and 

20 other interested parties in order to— 

21 ‘‘(A) carry out activities under this section; 

22 and 

23 ‘‘(B) provide coordination and cohesion 

24 among Federal, State, and local governmental 

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1 ance to help low-income students attend an in2 stitution of higher education; 

3 ‘‘(2) provide need-based grants for access and 

4 persistence to eligible low-income students; 

5 ‘‘(3) provide early notification to low-income 

6 students of the students’ eligibility for financial aid; 

7 and 

8 ‘‘(4) encourage increased participation in early 

9 information and intervention, mentoring, or outreach 

10 programs. 

11 ‘‘(b) ALLOTMENTS TO STATES.— 

12 ‘‘(1) IN GENERAL.— 

13 ‘‘(A) AUTHORIZATION.—From sums re14 served under section 415A(b)(2) for each fiscal 

15 year, the Secretary shall make an allotment to 

16 each State that submits an application for an 

17 allotment in accordance with subsection (c) to 

18 enable the State to pay the Federal share, as 

19 described in paragraph (2), of the cost of car20 rying out the activities under subsection (d). 

21 ‘‘(B) DETERMINATION OF ALLOTMENT.— 

22 In making allotments under subparagraph (A), 

23 the Secretary shall consider the following: 

24 ‘‘(i) CONTINUATION OF AWARD.—If a 

25 State continues to meet the specifications 


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1 established in such State’s application 

2 under subsection (c), the Secretary shall 

3 make an allotment to such State that is 

4 not less than the allotment made to such 

5 State for the previous fiscal year. 

6 ‘‘(ii) PRIORITY.—The Secretary shall 

7 give priority in making allotments to 

8 States that meet the requirements de9 scribed in paragraph (2)(A)(ii). 

10 ‘‘(2) FEDERAL SHARE.— 

11 ‘‘(A) IN GENERAL.—The Federal share 

12 under this section shall be determined in ac13 cordance with the following: 

14 ‘‘(i) If a State applies for an allot15 ment under this section in partnership 

16 with— 

17 ‘‘(I) any number of degree grant18 ing institutions of higher education in 

19 the State whose combined full-time 

20 enrollment represents less than a ma21 jority of all students attending institu22 tions of higher education in the State; 

23 and 


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1 ‘‘(II)(aa) philanthropic organiza2 tions that are located in, or that pro3 vide funding in, the State; or 

4 ‘‘(bb) private corporations that 

5 are located in, or that do business in, 

6 the State, 

7 then the Federal share of the cost of car8 rying out the activities under subsection 

9 (d) shall be equal to 50 percent. 

10 ‘‘(ii) If a State applies for an allot11 ment under this section in partnership 

12 with— 

13 ‘‘(I) any number of degree grant14 ing institutions of higher education in 

15 the State whose combined full-time 

16 enrollment represents a majority of all 

17 students attending institutions of 

18 higher education in the State; and 

19 ‘‘(II)(aa) philanthropic organiza20 tions that are located in, or that pro21 vide funding in, the State; or 

22 ‘‘(bb) private corporations that 

23 are located in, or that do business in, 

24 the State, 


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1 then the Federal share of the cost of car2 rying out the activities under subsection 

3 (d) shall be equal to 57 percent. 

4 ‘‘(B) NON-FEDERAL SHARE.— 

5 ‘‘(i) IN GENERAL.—The non-Federal 

6 share under this section may be provided 

7 in cash or in kind, fully evaluated and in 

8 accordance with this subparagraph. 

9 ‘‘(ii) IN KIND CONTRIBUTION.—For 

10 the purpose of calculating the non-Federal 

11 share under this section, an in kind con12 tribution is a non-cash award that has 

13 monetary value, such as provision of room 

14 and board and transportation passes, and 

15 that helps a student meet the cost of at16 tendance. 

17 ‘‘(iii) EFFECT ON NEED ANALYSIS.— 

18 For the purpose of calculating a student’s 

19 need in accordance with part F of this 

20 title, an in-kind contribution described in 

21 clause (ii) shall not be considered an asset 

22 or income. 

23 ‘‘(c) APPLICATION FOR ALLOTMENT.— 

24 ‘‘(1) IN GENERAL.— 


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1 ‘‘(A) SUBMISSION.—A State that desires 

2 to receive an allotment under this section on be3 half of a partnership described in paragraph (3) 

4 shall submit an application to the Secretary at 

5 such time, in such manner, and containing such 

6 information as the Secretary may require. 

7 ‘‘(B) CONTENT.—An application submitted 

8 under subparagraph (A) shall include the fol9 lowing: 

10 ‘‘(i) A description of the State’s plan 

11 for using the allotted funds. 

12 ‘‘(ii) Assurances that the State will 

13 provide the non-Federal share from State, 

14 institutional, philanthropic, or private 

15 funds, of not less than the required share 

16 of the cost of carrying out the activities 

17 under subsection (d), as determined under 

18 subsection (b), in accordance with the fol19 lowing: 

20 ‘‘(I) The State shall specify the 

21 methods by which non-Federal share 

22 funds will be paid and include provi23 sions designed to ensure that funds 

24 provided under this section will be 

25 used to supplement, and not supplant, 


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1 Federal and non-Federal funds avail2 able for carrying out the activities 

3 under this title. 

4 ‘‘(II) A State that uses non-Fed5 eral funds to create or expand existing 

6 partnerships with nonprofit organiza7 tions or community-based organiza8 tions in which such organizations 

9 match State funds for student schol10 arships, may apply such matching 

11 funds from such organizations toward 

12 fulfilling the State’s non-Federal 

13 share obligation under this clause. 

14 ‘‘(iii) Assurances that early informa15 tion and intervention, mentoring, or out16 reach programs exist within the State or 

17 that there is a plan to make such pro18 grams widely available. 

19 ‘‘(iv) A description of the organiza20 tional structure that the State has in place 

21 to administer the activities under sub22 section (d), including a description of the 

23 system the State will use to track the par24 ticipation of students who receive grants 

25 under this section to degree completion. 


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1 ‘‘(v) Assurances that the State has a 

2 method in place, such as acceptance of the 

3 automatic zero expected family contribu4 tion determination described in section 

5 479, to identify eligible low-income stu6 dents and award State grant aid to such 

7 students. 

8 ‘‘(vi) Assurances that the State will 

9 provide notification to eligible low-income 

10 students that grants under this section 

11 are— 

12 ‘‘(I) Leveraging Educational As13 sistance Partnership Grants; and 

14 ‘‘(II) funded by the Federal Gov15 ernment, the State, and other contrib16 uting partners. 

17 ‘‘(2) STATE AGENCY.—The State agency that 

18 submits an application for a State under section 

19 415C(a) shall be the same State agency that sub20 mits an application under paragraph (1) for such 

21 State. 

22 ‘‘(3) PARTNERSHIP.—In applying for an allot23 ment under this section, the State agency shall apply 

24 for the allotment in partnership with— 


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1 ‘‘(A) not less than 1 public and 1 private 

2 degree granting institution of higher education 

3 that are located in the State, if applicable; 

4 ‘‘(B) new or existing early information and 

5 intervention, mentoring, or outreach programs 

6 located in the State; and 

7 ‘‘(C) not less than 1— 

8 ‘‘(i) philanthropic organization located 

9 in, or that provides funding in, the State; 

10 or 

11 ‘‘(ii) private corporation located in, or 

12 that does business in, the State. 

13 ‘‘(4) ROLES OF PARTNERS.— 

14 ‘‘(A) STATE AGENCY.—A State agency 

15 that is in a partnership receiving an allotment 

16 under this section— 

17 ‘‘(i) shall— 

18 ‘‘(I) serve as the primary admin19 istrative unit for the partnership; 

20 ‘‘(II) provide or coordinate non21 Federal share funds, and coordinate 

22 activities among partners; 

23 ‘‘(III) encourage each institution 

24 of higher education in the State to 

25 participate in the partnership; 


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1 ‘‘(IV) make determinations and 

2 early notifications of assistance as de3 scribed under subsection (d)(2); and 

4 ‘‘(V) annually report to the Sec5 retary on the partnership’s progress 

6 in meeting the purpose of this section; 

7 and 

8 ‘‘(ii) may provide early information 

9 and intervention, mentoring, or outreach 

10 programs. 

11 ‘‘(B) DEGREE GRANTING INSTITUTIONS OF

12 HIGHER EDUCATION.—A degree granting insti13 tution of higher education that is in a partner14 ship receiving an allotment under this section— 

15 ‘‘(i) shall— 

16 ‘‘(I) recruit and admit partici17 pating qualified students and provide 

18 such additional institutional grant aid 

19 to participating students as agreed to 

20 with the State agency; 

21 ‘‘(II) provide support services to 

22 students who receive grants for access 

23 and persistence under this section and 

24 are enrolled at such institution; and 


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1 ‘‘(III) assist the State in the 

2 identification of eligible students and 

3 the dissemination of early notifica4 tions of assistance as agreed to with 

5 the State agency; and 

6 ‘‘(ii) may provide funding for early in7 formation and intervention, mentoring, or 

8 outreach programs or provide such services 

9 directly. 

10 ‘‘(C) PROGRAMS.—An early information 

11 and intervention, mentoring, or outreach pro12 gram that is in a partnership receiving an allot13 ment under this section shall provide direct 

14 services, support, and information to partici15 pating students. 

16 ‘‘(D) PHILANTHROPIC ORGANIZATION OR

17 PRIVATE CORPORATION.—A philanthropic orga18 nization or private corporation that is in a part19 nership receiving an allotment under this sec20 tion shall provide funds for grants for access 

21 and persistence for participating students, or 

22 provide funds or support for early information 

23 and intervention, mentoring, or outreach pro24 grams. 

25 ‘‘(d) AUTHORIZED ACTIVITIES.— 


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1 ‘‘(1) IN GENERAL.— 

2 ‘‘(A) ESTABLISHMENT OF PARTNER3 SHIP.—Each State receiving an allotment under 

4 this section shall use the funds to establish a 

5 partnership to award grants for access and per6 sistence to eligible low-income students in order 

7 to increase the amount of financial assistance 

8 such students receive under this subpart for un9 dergraduate education expenses. 

10 ‘‘(B) AMOUNT OF GRANTS.— 

11 ‘‘(i) PARTNERSHIPS WITH INSTITU12 TIONS SERVING LESS THAN A MAJORITY

13 OF STUDENTS IN THE STATE.— 

14 ‘‘(I) IN GENERAL.—In the case 

15 where a State receiving an allotment 

16 under this section is in a partnership 

17 described in subsection (b)(2)(A)(i), 

18 the amount of a grant for access and 

19 persistence awarded by such State 

20 shall be not less than the amount that 

21 is equal to the average undergraduate 

22 tuition and mandatory fees at 4-year 

23 public institutions of higher education 

24 in the State where the student resides 

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1 sored grant amount, work study 

2 amount, and scholarship amount re3 ceived by the student), and such 

4 amount shall be used toward the cost 

5 of attendance at an institution of 

6 higher education located in the State. 

7 ‘‘(II) COST OF ATTENDANCE.—A 

8 State that has a program, apart from 

9 the partnership under this section, of 

10 providing eligible low-income students 

11 with grants that are equal to the aver12 age undergraduate tuition and man13 datory fees at 4-year public institu14 tions of higher education in the State, 

15 may increase the amount of grants for 

16 access and persistence awarded by 

17 such State up to an amount that is 

18 equal to the average cost of attend19 ance at 4-year public institutions of 

20 higher education in the State (less 

21 any other Federal or State sponsored 

22 grant amount, work study amount, 

23 and scholarship amount received by 

24 the student). 


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1 ‘‘(ii) PARTNERSHIPS WITH INSTITU2 TIONS SERVING THE MAJORITY OF STU3 DENTS IN THE STATE.—In the case where 

4 a State receiving an allotment under this 

5 section is in a partnership described in 

6 subsection (b)(2)(A)(ii), the amount of a 

7 grant for access and persistence awarded 

8 by such State shall be not more than an 

9 amount that is equal to the average cost of 

10 attendance at 4-year public institutions of 

11 higher education in the State where the 

12 student resides (less any other Federal or 

13 State sponsored grant amount, college 

14 work study amount, and scholarship 

15 amount received by the student), and such 

16 amount shall be used by the student to at17 tend an institution of higher education lo18 cated in the State. 

19 ‘‘(C) SPECIAL RULES.— 

20 ‘‘(i) PARTNERSHIP INSTITUTIONS.—A 

21 State receiving an allotment under this 

22 section may restrict the use of grants for 

23 access and persistence under this section 

24 by awarding the grants only to students 


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1 attending institutions of higher education 

2 that are participating in the partnership. 

3 ‘‘(ii) OUT-OF-STATE INSTITUTIONS.— 

4 If a State provides grants through another 

5 program under this subpart to students at6 tending institutions of higher education lo7 cated in another State, such agreement 

8 may also apply to grants awarded under 

9 this section. 

10 ‘‘(2) EARLY NOTIFICATION.— 

11 ‘‘(A) IN GENERAL.—Each State receiving 

12 an allotment under this section shall annually 

13 notify low-income students, such as students 

14 who are eligible to receive a free lunch under 

15 the school lunch program established under the 

16 Richard B. Russell National School Lunch Act, 

17 in grade 7 through grade 12 in the State, of 

18 the students’ potential eligibility for student fi19 nancial assistance, including a grant for access 

20 and persistence, to attend an institution of 

21 higher education. 

22 ‘‘(B) CONTENT OF NOTICE.—The notifica23 tion under subparagraph (A)— 

24 ‘‘(i) shall include— 


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1 ‘‘(I) information about early in2 formation and intervention, men3 toring, or outreach programs available 

4 to the student; 

5 ‘‘(II) information that a stu6 dent’s candidacy for a grant for ac7 cess and persistence is enhanced 

8 through participation in an early in9 formation and intervention, men10 toring, or outreach program; 

11 ‘‘(III) an explanation that stu12 dent and family eligibility and partici13 pation in other Federal means-tested 

14 programs may indicate eligibility for a 

15 grant for access and persistence and 

16 other student aid programs; 

17 ‘‘(IV) a nonbinding estimation of 

18 the total amount of financial aid a 

19 low-income student with a similar in20 come level may expect to receive, in21 cluding an estimation of the amount 

22 of a grant for access and persistence 

23 and an estimation of the amount of 

24 grants, loans, and all other available 


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1 types of aid from the major Federal 

2 and State financial aid programs; 

3 ‘‘(V) an explanation that in order 

4 to be eligible for a grant for access 

5 and persistence, at a minimum, a stu6 dent shall— 

7 ‘‘(aa) meet the requirement 

8 under paragraph (3); 

9 ‘‘(bb) graduate from sec10 ondary school; and 

11 ‘‘(cc) enroll at an institution 

12 of higher education that is a 

13 partner in the partnership or 

14 qualifies under subsection 

15 (d)(1)(C)(ii); 

16 ‘‘(VI) information on any addi17 tional requirements (such as a student 

18 pledge detailing student responsibil19 ities) that the State may impose for 

20 receipt of a grant for access and per21 sistence under this section; and 

22 ‘‘(VII) instructions on how to 

23 apply for a grant for access and per24 sistence and an explanation that a 

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1 plication for Federal Student Aid au2 thorized under section 483(a) to be el3 igible for such grant and assistance 

4 from other Federal and State finan5 cial aid programs; and 

6 ‘‘(ii) may include a disclaimer that 

7 grant awards for access and persistence 

8 are contingent upon— 

9 ‘‘(I) a determination of the stu10 dent’s financial eligibility at the time 

11 of the student’s enrollment at an in12 stitution of higher education that is a 

13 partner in the partnership or qualifies 

14 under subsection (d)(1)(C)(ii); 

15 ‘‘(II) annual Federal and State 

16 appropriations; and 

17 ‘‘(III) other aid received by the 

18 student at the time of the student’s 

19 enrollment at such institution of high20 er education. 

21 ‘‘(3) ELIGIBILITY.—In determining which stu22 dents are eligible to receive grants for access and 

23 persistence, the State shall ensure that each such 

24 student meets not less than 1 of the following: 


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1 ‘‘(A) Meets not less than 2 of the following 

2 criteria, with priority given to students meeting 

3 all of the following criteria: 

4 ‘‘(i) Has an expected family contribu5 tion equal to zero (as described in section 

6 479) or a comparable alternative based 

7 upon the State’s approved criteria in sec8 tion 415C(b)(4). 

9 ‘‘(ii) Has qualified for a free lunch, or 

10 at the State’s discretion a reduced price 

11 lunch, under the school lunch program es12 tablished under the Richard B. Russell Na13 tional School Lunch Act. 

14 ‘‘(iii) Qualifies for the State’s max15 imum undergraduate award, as authorized 

16 under section 415C(b). 

17 ‘‘(iv) Is participating in, or has par18 ticipated in, a Federal, State, institutional, 

19 or community early information and inter20 vention, mentoring, or outreach program, 

21 as recognized by the State agency admin22 istering activities under this section. 

23 ‘‘(B) Is receiving, or has received, a grant 

24 for access and persistence under this section, in 

25 accordance with paragraph (5). 


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1 ‘‘(4) GRANT AWARD.—Once a student, includ2 ing those students who have received early notifica3 tion under paragraph (2) from the State, applies for 

4 admission to an institution that is a partner in the 

5 partnership, files a Free Application for Federal 

6 Student Aid and any related existing State form, 

7 and is determined eligible by the State under para8 graph (3), the State shall— 

9 ‘‘(A) issue the student a preliminary award 

10 certificate for a grant for access and persistence 

11 with tentative award amounts; and 

12 ‘‘(B) inform the student that payment of 

13 the grant for access and persistence award 

14 amounts is subject to certification of enrollment 

15 and award eligibility by the institution of higher 

16 education. 

17 ‘‘(5) DURATION OF AWARD.—An eligible stu18 dent that receives a grant for access and persistence 

19 under this section shall receive such grant award for 

20 each year of such student’s undergraduate education 

21 in which the student remains eligible for assistance 

22 under this title, including pursuant to section 

23 484(c), and remains financially eligible as deter24 mined by the State, except that the State may im25 pose reasonable time limits to degree completion. 


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1 ‘‘(e) USE OF FUNDS FOR ADMINISTRATIVE COSTS

2 PROHIBITED.—A State that receives an allotment under 

3 this section shall not use any of the allotted funds to pay 

4 administrative costs associated with any of the authorized 

5 activities described in subsection (d). 

6 ‘‘(f) STATUTORY AND REGULATORY RELIEF FOR IN7 STITUTIONS OF HIGHER EDUCATION.—The Secretary 

8 may grant, upon the request of an institution of higher 

9 education that is in a partnership described in subsection 

10 (b)(2)(A)(ii) and that receives an allotment under this sec11 tion, a waiver for such institution from statutory or regu12 latory requirements that inhibit the ability of the institu13 tion to successfully and efficiently participate in the activi14 ties of the partnership. 

15 ‘‘(g) APPLICABILITY RULE.—The provisions of this 

16 subpart which are not inconsistent with this section shall 

17 apply to the program authorized by this section. 

18 ‘‘(h) MAINTENANCE OF EFFORT REQUIREMENT.— 

19 Each State receiving an allotment under this section for 

20 a fiscal year shall provide the Secretary with an assurance 

21 that the aggregate amount expended per student or the 

22 aggregate expenditures by the State, from funds derived 

23 from non-Federal sources, for the authorized activities de24 scribed in subsection (d) for the preceding fiscal year were 

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1 gregate expenditure by the State for the activities for the 

2 second preceding fiscal year. 

3 ‘‘(i) SPECIAL RULE.—Notwithstanding subsection 

4 (h), for purposes of determining a State’s share of the cost 

5 of the authorized activities described in subsection (d), the 

6 State shall consider only those expenditures from non7 Federal sources that exceed the State’s total expenditures 

8 for need-based grants, scholarships, and work-study as9 sistance for fiscal year 1999 (including any such assist10 ance provided under this subpart). 

11 ‘‘(j) CONTINUATION AND TRANSITION.—For the 2- 

12 year period that begins on the date of enactment of the 

13 Higher Education Amendments of 2007, the Secretary 

14 shall continue to award grants under section 415E of the 

15 Higher Education Act of 1965 as such section existed on 

16 the day before the date of enactment of such Act to States 

17 that choose to apply for grants under such predecessor 

18 section. 

19 ‘‘(k) REPORTS.—Not later than 3 years after the 

20 date of enactment of the Higher Education Amendments 

21 of 2007 and annually thereafter, the Secretary shall sub22 mit a report describing the activities and the impact of 

23 the partnerships under this section to the authorizing 

24 committees.’’. 


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1 SEC. 408. SPECIAL PROGRAMS FOR STUDENTS WHOSE FAM2 ILIES ARE ENGAGED IN MIGRANT AND SEA3 SONAL FARMWORK. 

4 Section 418A (20 U.S.C. 1070d–2) is amended— 

5 (1) in subsection (b)— 

6 (A) in paragraph (1)(B)(i), by striking 

7 ‘‘parents’’ and inserting ‘‘immediate family’’; 

8 (B) in paragraph (3)(B), by inserting ‘‘(in9 cluding preparation for college entrance exami10 nations)’’ after ‘‘college program’’; 

11 (C) in paragraph (5), by striking ‘‘weekly’’; 

12 (D) in paragraph (7), by striking ‘‘and’’ 

13 after the semicolon; 

14 (E) in paragraph (8)— 

15 (i) by inserting ‘‘(such as transpor16 tation and child care)’’ after ‘‘services’’; 

17 and 

18 (ii) by striking the period at the end 

19 and inserting ‘‘; and’’; and 

20 (F) by adding at the end the following: 

21 ‘‘(9) other activities to improve persistence and 

22 retention in postsecondary education.’’; 

23 (2) in subsection (c)— 

24 (A) in paragraph (1)— 

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

26 ‘‘parents’’ and inserting ‘‘family’’; 


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1 (ii) in subparagraph (B)— 

2 (I) in the matter preceding clause 

3 (i), by inserting ‘‘to improve place4 ment, persistence, and retention in 

5 postsecondary education’’ after ‘‘serv6 ices’’; and 

7 (II) in clause (i), by striking 

8 ‘‘and career’’ and inserting ‘‘career, 

9 and economic education or personal fi10 nance’’; 

11 (iii) in subparagraph (E), by striking 

12 ‘‘and’’ after the semicolon; 

13 (iv) by redesignating subparagraph 

14 (F) as subparagraph (G); 

15 (v) by inserting after subparagraph 

16 (E) the following: 

17 ‘‘(F) internships; and’’; and 

18 (vi) in subparagraph (G) (as redesig19 nated by clause (iv)), by striking ‘‘support 

20 services’’ and inserting ‘‘essential sup21 portive services (such as transportation 

22 and child care)’’; and 

23 (B) in paragraph (2)— 

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

25 ‘‘and’’ after the semicolon; 


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

2 the period at the end and inserting ‘‘, and 

3 coordinating such services, assistance, and 

4 aid with other non-program services, as5 sistance, and aid, including services, assist6 ance, and aid provided by community7 based organizations, which may include 

8 mentoring and guidance; and’’; and 

9 (iii) by adding at the end the fol10 lowing: 

11 ‘‘(C) for students attending 2-year institutions 

12 of higher education, encouraging the students to 

13 transfer to 4-year institutions of higher education, 

14 where appropriate, and monitoring the rate of trans15 fer of such students.’’; 

16 (3) in subsection (e), by striking ‘‘section 

17 402A(c)(1)’’ and inserting ‘‘section 402A(c)(2)’’; 

18 (4) in subsection (f)— 

19 (A) in paragraph (1), by striking 

20 ‘‘$150,000’’ and inserting ‘‘$180,000’’; and 

21 (B) in paragraph (2), by striking 

22 ‘‘$150,000’’ and inserting ‘‘$180,000’’; 

23 (5) by redesignating subsections (g) and (h) as 

24 subsections (h) and (i), respectively; 


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1 (6) by inserting after subsection (f) the fol2 lowing: 

3 ‘‘(g) RESERVATION OF FUNDS.—From the amounts 

4 made available under subsection (i), the Secretary may reserve not more than a total of 1 5 ⁄2 of 1 percent for outreach 

6 activities, technical assistance, and professional develop7 ment programs relating to the programs under subsection 

8 (a).’’; 

9 (7) by striking subsection (h) (as redesignated 

10 by paragraph (5)) and inserting the following: 

11 ‘‘(h) DATA COLLECTION.—The Commissioner for 

12 Education Statistics shall— 

13 ‘‘(1) annually collect data on persons receiving 

14 services authorized under this subpart regarding 

15 such persons’ rates of secondary school graduation, 

16 entrance into postsecondary education, and comple17 tion of postsecondary education; 

18 ‘‘(2) not less often than once every 2 years, pre19 pare and submit a report based on the most recently 

20 available data under paragraph (1) to the author21 izing committees; and 

22 ‘‘(3) make such report available to the public.’’; 

23 and 

24 (8) in subsection (i) (as redesignated by para25 graph (5))— 


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1 (A) in paragraph (1), by striking 

2 ‘‘$15,000,000 for fiscal year 1999’’ and all that 

3 follows through the period and inserting ‘‘such 

4 sums as may be necessary for fiscal year 2008 

5 and each of the 5 succeeding fiscal years.’’; and 

6 (B) in paragraph (2), by striking 

7 ‘‘$5,000,000 for fiscal year 1999’’ and all that 

8 follows through the period and inserting ‘‘such 

9 sums as may be necessary for fiscal year 2008 

10 and each of the 5 succeeding fiscal years.’’. 

11 SEC. 409. ROBERT C. BYRD HONORS SCHOLARSHIP PRO12 GRAM. 

13 (a) ELIGIBILITY OF SCHOLARS.—Section 419F(a) 

14 (20 U.S.C. 1070d–36(a)) is amended by inserting ‘‘(or a 

15 home school, whether treated as a home school or a private 

16 school under State law)’’ after ‘‘public or private sec17 ondary school’’. 

18 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

19 419K (20 U.S.C. 1070d–41) is amended by striking 

20 ‘‘$45,000,000 for fiscal year 1999’’ and all that follows 

21 through the period and inserting ‘‘such sums as may be 

22 necessary for fiscal year 2008 and each of the 5 suc23 ceeding fiscal years.’’. 


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1 SEC. 410. CHILD CARE ACCESS MEANS PARENTS IN 

2 SCHOOL. 

3 (a) MINIMUM GRANT.—Section 419N(b)(2)(B) (20 

4 U.S.C. 1070e(b)(2)(B)) is amended— 

5 (1) by striking ‘‘A grant’’ and inserting the fol6 lowing: 

7 ‘‘(i) IN GENERAL.—Except as pro8 vided in clause (ii), a grant’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(ii) INCREASE TRIGGER.—For any 

11 fiscal year for which the amount appro12 priated under the authority of subsection 

13 (g) is equal to or greater than 

14 $20,000,000, a grant under this section 

15 shall be awarded in an amount that is not 

16 less than $30,000.’’. 

17 (b) DEFINITION OF LOW-INCOME STUDENT.—Para18 graph (7) of section 419N(b) (20 U.S.C. 1070e(b)) is 

19 amended to read as follows: 

20 ‘‘(7) DEFINITION OF LOW-INCOME STUDENT.— 

21 For the purpose of this section, the term ‘low-income 

22 student’ means a student who— 

23 ‘‘(A) is eligible to receive a Federal Pell 

24 Grant for the fiscal year for which the deter25 mination is made; or 


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1 ‘‘(B) would otherwise be eligible to receive 

2 a Federal Pell Grant for the fiscal year for 

3 which the determination is made, except that 

4 the student fails to meet the requirements of— 

5 ‘‘(i) section 401(c)(1) because the stu6 dent is enrolled in a graduate or first pro7 fessional course of study; or 

8 ‘‘(ii) section 484(a)(5) because the 

9 student is in the United States for a tem10 porary purpose.’’. 

11 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

12 419N(g) (20 U.S.C. 1070e(g)) is amended by striking 

13 ‘‘$45,000,000 for fiscal year 1999’’ and all that follows 

14 through the period and inserting ‘‘such sums as may be 

15 necessary for fiscal year 2008 and each of the 5 suc16 ceeding fiscal years.’’. 

17 SEC. 411. LEARNING ANYTIME ANYWHERE PARTNERSHIPS. 

18 Subpart 8 of part A of title IV (20 U.S.C. 1070f et 

19 seq.) is repealed. 

20 PART B—FEDERAL FAMILY EDUCATION LOAN 

21 PROGRAM 

22 SEC. 421. FEDERAL PAYMENTS TO REDUCE STUDENT IN23 TEREST COSTS. 

24 Section 428 (as amended by this Act) (20 U.S.C. 

25 1078) is further amended— 


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1 (1) in subsection (b)— 

2 (A) in paragraph (1)— 

3 (i) in subparagraph (X), by striking 

4 ‘‘and’’ after the semicolon; 

5 (ii) in subparagraph (Y)— 

6 (I) by striking clause (i) and in7 serting the following: 

8 ‘‘(i) the lender shall determine the eli9 gibility of a borrower for a deferment de10 scribed in subparagraph (M)(i) based on— 

11 ‘‘(I) receipt of a request for 

12 deferment from the borrower and doc13 umentation of the borrower’s eligi14 bility for the deferment; 

15 ‘‘(II) receipt of a newly com16 pleted loan application that docu17 ments the borrower’s eligibility for a 

18 deferment; 

19 ‘‘(III) receipt of student status 

20 information received by the lender 

21 that the borrower is enrolled on at 

22 least a half-time basis; or 

23 ‘‘(IV) the lender’s confirmation 

24 of the borrower’s half-time enrollment 

25 status through use of the National 


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1 Student Loan Data System, if the 

2 confirmation is requested by the insti3 tution of higher education.’’; and 

4 (II) in clause (ii), by striking the 

5 period at the end and inserting ‘‘; 

6 and’’; and 

7 (iii) by adding at the end the fol8 lowing: 

9 ‘‘(Z) provides that the lender shall, at the 

10 time the lender grants a deferment to a bor11 rower who received a loan under section 428H 

12 and is eligible for a deferment under section 

13 428(b)(1)(M), provide information to the bor14 rower to enable the borrower to understand the 

15 impact of capitalization of interest on the bor16 rower’s loan principal and total amount of in17 terest to be paid during the life of the loan.’’; 

18 (B) in paragraph (2)(F)— 

19 (i) in clause (i)— 

20 (I) in subclause (III), by striking 

21 ‘‘and’’ after the semicolon; 

22 (II) in subclause (IV), by striking 

23 ‘‘and’’ after the semicolon; and 

24 (III) by adding at the end the 

25 following: 


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1 ‘‘(V) the effective date of the 

2 transfer; 

3 ‘‘(VI) the date the current 

4 servicer will stop accepting payments; 

5 and 

6 ‘‘(VII) the date at which the new 

7 servicer will begin accepting pay8 ments.’’; and 

9 (C) by striking paragraph (3) and insert10 ing the following: 

11 ‘‘(3) RESTRICTIONS ON INDUCEMENTS, PAY12 MENTS, MAILINGS, AND ADVERTISING.—A guaranty 

13 agency shall not— 

14 ‘‘(A) offer, directly or indirectly, premiums, 

15 payments, stock or other securities, prizes, trav16 el, entertainment expenses, tuition repayment, 

17 or other inducements to— 

18 ‘‘(i) any institution of higher edu19 cation or the employees of an institution of 

20 higher education in order to secure appli21 cants for loans made under this part; or 

22 ‘‘(ii) any lender, or any agent, em23 ployee, or independent contractor of any 

24 lender or guaranty agency, in order to ad25 minister or market loans made under this 


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1 part (other than a loan made under section 

2 428H or a loan made as part of the guar3 anty agency’s lender-of-last-resort program 

4 pursuant to section 439(q)) for the pur5 pose of securing the designation of the 

6 guaranty agency as the insurer of such 

7 loans; 

8 ‘‘(B) conduct unsolicited mailings, by post9 al or electronic means, of educational loan ap10 plication forms to students enrolled in sec11 ondary school or postsecondary educational in12 stitutions, or to the parents of such students, 

13 except that applications may be mailed, by post14 al or electronic means, to students or borrowers 

15 who have previously received loans guaranteed 

16 under this part by the guaranty agency; 

17 ‘‘(C) perform, for an institution of higher 

18 education participating in a program under this 

19 title, any function that the institution is re20 quired to perform under part B, D, or G; 

21 ‘‘(D) pay, on behalf of the institution of 

22 higher education, another person to perform 

23 any function that the institution of higher edu24 cation is required to perform under part B, D, 

25 or G; or 


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1 ‘‘(E) conduct fraudulent or misleading ad2 vertising concerning loan availability, terms, or 

3 conditions. 

4 It shall not be a violation of this paragraph for a 

5 guaranty agency to provide technical assistance to 

6 institutions of higher education comparable to the 

7 technical assistance provided to institutions of high8 er education by the Department.’’; and 

9 (2) in subsection (c)— 

10 (A) in paragraph (2)(H)(i), by striking 

11 ‘‘preclaims’’ and inserting ‘‘default aversion’’; 

12 and 

13 (B) in paragraph (3)(C)— 

14 (i) in clause (i), by striking ‘‘and’’ 

15 after the semicolon; 

16 (ii) in clause (ii), by striking ‘‘and’’ 

17 after the semicolon; and 

18 (iii) by inserting after clause (ii) the 

19 following: 

20 ‘‘(iii) the lender shall, at the time of 

21 granting a borrower forbearance, provide 

22 information to the borrower to enable the 

23 borrower to understand the impact of cap24 italization of interest on the borrower’s 


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1 loan principal and total amount of interest 

2 to be paid during the life of the loan; and 

3 ‘‘(iv) the lender shall contact the bor4 rower not less often than once every 180 

5 days during the period of forbearance to 

6 inform the borrower of— 

7 ‘‘(I) the amount of unpaid prin8 cipal and the amount of interest that 

9 has accrued since the last statement 

10 of such amounts provided to the bor11 rower by the lender; 

12 ‘‘(II) the fact that interest will 

13 accrue on the loan for the period of 

14 forbearance; 

15 ‘‘(III) the amount of interest that 

16 will be capitalized, and the date on 

17 which capitalization will occur; 

18 ‘‘(IV) the ability of the borrower 

19 to pay the interest that has accrued 

20 before the interest is capitalized; and 

21 ‘‘(V) the borrower’s option to dis22 continue the forbearance at any time; 

23 and’’. 


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1 SEC. 422. FEDERAL CONSOLIDATION LOANS. 

2 (a) AMENDMENTS.—Section 428C(b)(1) (20 U.S.C. 

3 1078–3(b)(1)) is amended— 

4 (1) in subparagraph (E), by striking ‘‘and’’ 

5 after the semicolon; 

6 (2) by redesignating subparagraph (F) as sub7 paragraph (H); and 

8 (3) by inserting after subparagraph (E) the fol9 lowing: 

10 ‘‘(F) that the lender will disclose, in a 

11 clear and conspicuous manner, to borrowers 

12 who consolidate loans made under part E of 

13 this title— 

14 ‘‘(i) that once the borrower adds the 

15 borrower’s Federal Perkins Loan to a Fed16 eral Consolidation Loan, the borrower will 

17 lose all interest-free periods that would 

18 have been available, such as those periods 

19 when no interest accrues on the Federal 

20 Perkins Loan while the borrower is en21 rolled in school at least half-time, during 

22 the grace period, and during periods when 

23 the borrower’s student loan repayments 

24 are deferred; 

25 ‘‘(ii) that the borrower will no longer 

26 be eligible for loan forgiveness of Federal 


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1 Perkins Loans under any provision of sec2 tion 465; and 

3 ‘‘(iii) the occupations described in sec4 tion 465(a)(2), individually and in detail, 

5 for which the borrower will lose eligibility 

6 for Federal Perkins Loan forgiveness; and 

7 ‘‘(G) that the lender shall, upon applica8 tion for a consolidation loan, provide the bor9 rower with information about the possible im10 pact of loan consolidation, including— 

11 ‘‘(i) the total interest to be paid and 

12 fees to be paid on the consolidation loan, 

13 and the length of repayment for the loan; 

14 ‘‘(ii) whether consolidation would re15 sult in a loss of loan benefits under this 

16 part or part D, including loan forgiveness, 

17 cancellation, and deferment; 

18 ‘‘(iii) in the case of a borrower that 

19 plans to include a Federal Perkins Loan 

20 under part E in the consolidation loan, 

21 that once the borrower adds the borrower’s 

22 Federal Perkins Loan to a consolidation 

23 loan— 

24 ‘‘(I) the borrower will lose all in25 terest–free periods that would have 


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1 been available for such loan under 

2 part E, such as the periods during 

3 which no interest accrues on the Fed4 eral Perkins Loan while the borrower 

5 is enrolled in school at least half-time, 

6 the grace period, and the periods dur7 ing which the borrower’s student loan 

8 repayments are deferred under section 

9 464(c)(2); and 

10 ‘‘(II) the borrower will no longer 

11 be eligible for cancellation of part or 

12 all of a Federal Perkins loan under 

13 section 465(a); 

14 ‘‘(iv) the ability of the borrower to 

15 prepay the consolidation loan, pay such 

16 loan on a shorter schedule, and to change 

17 repayment plans; 

18 ‘‘(v) that borrower benefit programs 

19 for a consolidation loan may vary among 

20 different lenders; 

21 ‘‘(vi) the consequences of default on 

22 the consolidation loan; and 

23 ‘‘(vii) that by applying for a consolida24 tion loan, the borrower is not obligated to 

25 agree to take the consolidation loan; and’’. 


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1 (b) CONFORMING AMENDMENT.—Section 455(g) (20 

2 U.S.C. 1087e(g)) is amended by striking ‘‘428C(b)(1)(F)’’ 

3 and inserting ‘‘428C(b)(1)(H)’’. 

4 SEC. 423. DEFAULT REDUCTION PROGRAM. 

5 Section 428F (20 U.S.C. 1078–6) is amended by 

6 adding at the end the following: 

7 ‘‘(c) FINANCIAL AND ECONOMIC LITERACY.—Where 

8 appropriate as determined by the institution of higher edu9 cation in which a borrower is enrolled, each program de10 scribed in subsection (b) shall include making available fi11 nancial and economic education materials for the bor12 rower, including making the materials available before, 

13 during, or after rehabilitation of a loan.’’. 

14 SEC. 424. REPORTS TO CONSUMER REPORTING AGENCIES 

15 AND INSTITUTIONS OF HIGHER EDUCATION. 

16 Section 430A (20 U.S.C. 1080a) is amended— 

17 (1) in the section heading, by striking ‘‘CRED18 IT BUREAUS’’ and inserting ‘‘CONSUMER RE19 PORTING AGENCIES’’; and 

20 (2) in subsection (a)— 

21 (A) in the first sentence, by striking ‘‘with 

22 credit bureau organizations’’ and inserting 

23 ‘‘with each consumer reporting agency that 

24 compiles and maintains files on consumers on a 

25 nationwide basis (as defined in section 603(p) 


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1 of the Fair Credit Reporting Act (15 U.S.C. 

2 1681a(p))’’; 

3 (B) by redesignating paragraphs (1), (2), 

4 and (3) as paragraphs (2), (4), and (5), respec5 tively; 

6 (C) by inserting before paragraph (2) (as 

7 redesignated by subparagraph (B)), the fol8 lowing: 

9 ‘‘(1) the type of loan made, insured, or guaran10 teed under this title;’’; 

11 (D) by inserting after paragraph (2) (as 

12 redesignated by subparagraph (B)), the fol13 lowing: 

14 ‘‘(3) information concerning the repayment sta15 tus of the loan, which information shall be included 

16 in the file of the borrower, except that nothing in 

17 this subsection shall be construed to affect any oth18 erwise applicable provision of the Fair Credit Re19 porting Act (15 U.S.C. 1681 et seq.)’’; 

20 (E) in paragraph (4) (as redesignated by 

21 subparagraph (B)), by striking ‘‘and’’ after the 

22 semicolon; 

23 (F) in paragraph (5) (as redesignated by 

24 subparagraph (B)), by striking the period and 

25 inserting ‘‘; and’’; and 


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

2 ‘‘(6) any other information required to be re3 ported by Federal law.’’. 

4 SEC. 425. COMMON FORMS AND FORMATS. 

5 Section 432(m)(1)(D)(i) (20 U.S.C. 

6 1082(m)(1)(D)(i)) is amended by adding at the end the 

7 following: ‘‘Unless otherwise notified by the Secretary, 

8 each institution of higher education that participates in 

9 the program under this part or part D may use a master 

10 promissory note for loans under this part and part D.’’. 

11 SEC. 426. STUDENT LOAN INFORMATION BY ELIGIBLE 

12 LENDERS. 

13 Section 433 (20 U.S.C. 1083) is amended by adding 

14 at the end the following: 

15 ‘‘(f) BORROWER INFORMATION AND PRIVACY.—Each 

16 entity participating in a program under this part that is 

17 subject to subtitle A of title V of the Gramm-Leach-Bliley 

18 Act (15 U.S.C. 6801 et seq.) shall only use, release, dis19 close, sell, transfer, or give student information, including 

20 the name, address, social security number, or amount bor21 rowed by a borrower or a borrower’s parent, in accordance 

22 with the provisions of such subtitle. 

23 ‘‘(g) LOAN BENEFIT DISCLOSURES.— 

24 ‘‘(1) IN GENERAL.—Each eligible lender, hold25 er, or servicer of a loan made, insured, or guaranVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00239 Fmt 6652 Sfmt 6401 E:\BILLS\S1642.RS S1642

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1 teed under this part shall provide the borrower with 

2 information on the loan benefit repayment options 

3 the lender, holder, or servicer offer, including infor4 mation on reductions in interest rates— 

5 ‘‘(A) by repaying the loan by automatic 

6 payroll or checking account deduction; 

7 ‘‘(B) by completing a program of on-time 

8 repayment; and 

9 ‘‘(C) under any other interest rate reduc10 tion program. 

11 ‘‘(2) INFORMATION.—Such borrower informa12 tion shall include— 

13 ‘‘(A) any limitations on such options; 

14 ‘‘(B) explicit information on the reasons a 

15 borrower may lose eligibility for such an option; 

16 ‘‘(C) examples of the impact the interest 

17 rate reductions will have on a borrower’s time 

18 for repayment and amount of repayment; 

19 ‘‘(D) upon the request of the borrower, the 

20 effect the reductions in interest rates will have 

21 with respect to the borrower’s payoff amount 

22 and time for repayment; and 

23 ‘‘(E) information on borrower recertifi24 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 and 

11 make available a quality educational program and mate12 rials to provide training for students in budgeting and fi13 nancial management, including debt management and 

14 other aspects of financial literacy, such as the cost of using 

15 very high interest loans to pay for postsecondary edu16 cation, particularly as budgeting and financial manage17 ment relates to student loan programs authorized by this 

18 title. Nothing in this section shall be construed to prohibit 

19 a guaranty agency from using an existing program or ex20 isting materials to meet the requirement of this section. 

21 The activities described in this section shall be considered 

22 default reduction activities for the purposes of section 

23 422.’’. 

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 eduVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00243 Fmt 6652 Sfmt 6401 E:\BILLS\S1642.RS S1642

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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, 2011. 

23 ‘‘(B) APPLICATION TO EXISTING INSTITU24 TIONAL LENDERS.—An institution that was an 

25 eligible lender under this subsection, or an eligiVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00244 Fmt 6652 Sfmt 6401 E:\BILLS\S1642.RS S1642

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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, 2011, 

5 shall— 

6 ‘‘(i) not issue any new loans in such 

7 a capacity under part B after June 30, 

8 2011; and 

9 ‘‘(ii) shall continue to carry out the 

10 institution’s responsibilities for any loans 

11 issued by the institution under part B on 

12 or before June 30, 2011, except that, be13 ginning on June 30, 2010, the eligible in14 stitution or trustee may, notwithstanding 

15 any other provision of this Act, sell or oth16 erwise dispose of such loans if all profits 

17 from the divestiture are used for need18 based grant 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 SEC. 430. SPECIAL ALLOWANCES. 

7 (a) AMENDMENT.—Paragraph (2) of section 438(d) 

8 (20 U.S.C. 1087–1(d)) is amended to read as follows: 

9 ‘‘(2) AMOUNT OF LOAN FEES.— 

10 ‘‘(A) IN GENERAL.—Except as provided in 

11 subparagraph (B), with respect to any loan 

12 made under this part for which the first dis13 bursement was made on or after October 1, 

14 1993, the amount of the loan fee that shall be 

15 deducted under paragraph (1) shall be equal to 

16 0.50 percent of the principal amount of the 

17 loan. 

18 ‘‘(B) CONSOLIDATION LOANS.—With re19 spect to any loan made under section 428C on 

20 or after July 1, 2007, the amount of the loan 

21 fee that shall be deducted under paragraph (1) 

22 shall be equal to 1.0 percent of the principal 

23 amount of the loan.’’. 

24 (b) EFFECTIVE DATE.—The amendment made by 

25 subsection (a) shall apply with respect to any loan made, 


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1 insured, or guaranteed under part B of title IV of the 

2 Higher Education Act of 1965 (20 U.S.C. 1071 et seq.) 

3 for which the first disbursement is made on or after July 

4 1, 2007. 

5 PART C—FEDERAL WORK-STUDY PROGRAMS 

6 SEC. 441. AUTHORIZATION OF APPROPRIATIONS. 

7 Section 441(b) (42 U.S.C. 2751(b)) is amended by 

8 striking ‘‘$1,000,000 for fiscal year 1999’’ and all that 

9 follows through the period and inserting ‘‘such sums as 

10 may be necessary for fiscal year 2008 and each of the 5 

11 succeeding fiscal years.’’. 

12 SEC. 442. ALLOWANCE FOR BOOKS AND SUPPLIES. 

13 Section 442(c)(4)(D) (42 U.S.C. 2752(c)(4)(D)) is 

14 amended by striking ‘‘$450’’ and inserting ‘‘$600’’. 

15 SEC. 443. GRANTS FOR FEDERAL WORK-STUDY PROGRAMS. 

16 Section 443(b)(2) (42 U.S.C. 2753(b)(2)) is amend17 ed— 

18 (1) by striking subparagraph (A); 

19 (2) by redesignating subparagraphs (B) and 

20 (C) as subparagraphs (A) and (B), respectively; and 

21 (3) in subparagraph (A) (as redesignated by 

22 paragraph (2)), by striking ‘‘this subparagraph if’’ 

23 and all that follows through ‘‘institution;’’ and in24 serting ‘‘this subparagraph if— 


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1 ‘‘(i) the Secretary determines that en2 forcing this subparagraph would cause 

3 hardship for students at the institution; or 

4 ‘‘(ii) the institution certifies to the 

5 Secretary that 15 percent or more of its 

6 total full-time enrollment participates in 

7 community service activities described in 

8 section 441(c) or tutoring and literacy ac9 tivities described in subsection (d) of this 

10 section;’’. 

11 SEC. 444. JOB LOCATION AND DEVELOPMENT PROGRAMS. 

12 Section 446(a)(1) (42 U.S.C. 2756(a)(1)) is amended 

13 by striking ‘‘$50,000’’ and inserting ‘‘$75,000’’. 

14 SEC. 445. WORK COLLEGES. 

15 Section 448 (42 U.S.C. 2756b) is amended— 

16 (1) in subsection (a), by striking ‘‘work-learn17 ing’’ and inserting ‘‘work-learning-service’’; 

18 (2) in subsection (b)— 

19 (A) in paragraph (1), by striking ‘‘under 

20 subsection (f)’’ and inserting ‘‘for this section 

21 under section 441(b)’’; and 

22 (B) in paragraph (2)— 

23 (i) in the matter preceding subpara24 graph (A), by striking ‘‘pursuant to subVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00251 Fmt 6652 Sfmt 6401 E:\BILLS\S1642.RS S1642

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1 section (f)’’ and inserting ‘‘for this section 

2 under section 441(b)’’; 

3 (ii) in subparagraph (A), by striking 

4 ‘‘work-learning program’’ and inserting 

5 ‘‘comprehensive work-learning-service pro6 gram’’; 

7 (iii) by redesignating subparagraphs 

8 (C) through (F) as subparagraphs (D) 

9 through (G), respectively; 

10 (iv) by inserting after subparagraph 

11 (B) the following: 

12 ‘‘(C) support existing and new model stu13 dent volunteer community service projects asso14 ciated with local institutions of higher edu15 cation, such as operating drop-in resource cen16 ters that are staffed by students and that link 

17 people in need with the resources and opportu18 nities necessary to become self-sufficient; and’’; 

19 (v) in subparagraph (E) (as redesig20 nated by clause (iii)), by striking ‘‘work21 learning’’ each place the term occurs and 

22 inserting ‘‘work-learning-service’’; and 

23 (vi) in subparagraph (F) (as redesig24 nated by clause (iii)), by striking ‘‘work 


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1 service learning’’ and inserting ‘‘work2 learning-service’’; 

3 (3) in subsection (c), by striking ‘‘by subsection 

4 (f) to use funds under subsection (b)(1)’’ and insert5 ing ‘‘for this section under section 441(b) or to use 

6 funds under subsection (b)(1),’’; 

7 (4) in subsection (e)— 

8 (A) in paragraph (1)— 

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

10 ‘‘4-year, degree-granting’’ after ‘‘non11 profit’’; 

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

13 ‘‘work-learning’’ and inserting ‘‘work-learn14 ing-service’’; 

15 (iii) by striking subparagraph (C) and 

16 inserting the following: 

17 ‘‘(C) requires all resident students, including at least 1 18 ⁄2 of all resident students who are 

19 enrolled on a full-time basis, to participate in a 

20 comprehensive work-learning-service program 

21 for not less than 5 hours each week, or not less 

22 than 80 hours during each period of enrollment 

23 except summer school, unless the student is en24 gaged in a study abroad or externship program 


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1 that is organized or approved by the institution; 

2 and’’; and 

3 (iv) in subparagraph (D), by striking 

4 ‘‘work-learning’’ and inserting ‘‘work-learn5 ing-service’’; and 

6 (B) by striking paragraph (2) and insert7 ing the following: 

8 ‘‘(2) the term ‘comprehensive work-learning9 service program’ means a student work-learning10 service program that— 

11 ‘‘(A) is an integral and stated part of the 

12 institution’s educational philosophy and pro13 gram; 

14 ‘‘(B) requires participation of all resident 

15 students for enrollment and graduation; 

16 ‘‘(C) includes learning objectives, evalua17 tion, and a record of work performance as part 

18 of the student’s college record; 

19 ‘‘(D) provides programmatic leadership by 

20 college personnel at levels comparable to tradi21 tional academic programs; 

22 ‘‘(E) recognizes the educational role of 

23 work-learning-service supervisors; and 

24 ‘‘(F) includes consequences for non25 performance or failure in the work-learningVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00254 Fmt 6652 Sfmt 6401 E:\BILLS\S1642.RS S1642

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1 service program similar to the consequences for 

2 failure in the regular academic program.’’; and 

3 (5) by striking subsection (f). 

4 PART D—FEDERAL PERKINS LOANS 

5 SEC. 451. CANCELLATION OF LOANS FOR CERTAIN PUBLIC 

6 SERVICE. 

7 Section 465(a) (20 U.S.C. 1087ee(a)) is amended— 

8 (1) in paragraph (2)— 

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

10 ‘‘Head Start Act which’’ and inserting ‘‘Head 

11 Start Act, or in a prekindergarten or child care 

12 program that is licensed or regulated by the 

13 State, that’’; 

14 (B) in subparagraph (H), by striking ‘‘or’’ 

15 after the semicolon; 

16 (C) in subparagraph (I), by striking the 

17 period and inserting a semicolon; and 

18 (D) by inserting before the matter fol19 lowing subparagraph (I) (as amended by sub20 paragraph (C)) the following: 

21 ‘‘(J) as a full-time faculty member at a Tribal 

22 College or University, as that term is defined in sec23 tion 316; 

24 ‘‘(K) as a librarian, if the librarian has a mas25 ter’s degree in library science and is employed in— 


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1 ‘‘(i) an elementary school or secondary 

2 school that is eligible for assistance under title 

3 I of the Elementary and Secondary Education 

4 Act of 1965; or 

5 ‘‘(ii) a public library that serves a geo6 graphic area that contains 1 or more schools el7 igible for assistance under title I of the Elemen8 tary and Secondary Education Act of 1965; or 

9 ‘‘(L) as a full-time speech language therapist, if 

10 the therapist has a master’s degree and is working 

11 exclusively with schools that are eligible for assist12 ance under title I of the Elementary and Secondary 

13 Education Act of 1965.’’; and 

14 (2) in paragraph (3)(A)— 

15 (A) in clause (i)— 

16 (i) by inserting ‘‘(D),’’ after ‘‘(C),’’; 

17 and 

18 (ii) by striking ‘‘or (I)’’ and inserting 

19 ‘‘(I), (J), (K), or (L)’’; 

20 (B) in clause (ii), by inserting ‘‘or’’ after 

21 the semicolon; 

22 (C) by striking clause (iii); and 

23 (D) by redesignating clause (iv) as clause 

24 (iii). 


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1 PART E—NEED ANALYSIS 

2 SEC. 461. COST OF ATTENDANCE. 

3 Section 472(3) (20 U.S.C. 1087kk(3)) is amended— 

4 (1) in subparagraph (B), by striking ‘‘and’’ 

5 after the semicolon; 

6 (2) by redesignating subparagraph (C) as sub7 paragraph (D); and 

8 (3) by inserting after subparagraph (B), as 

9 amended by paragraph (1), the following: 

10 ‘‘(C) for students who live in housing lo11 cated on a military base or for which a basic al12 lowance is provided under section 403(b) of title 

13 37, United States Code, shall be an allowance 

14 based on the expenses reasonably incurred by 

15 such students for board but not for room; and’’. 

16 SEC. 462. DEFINITIONS. 

17 Section 480(b)(6) (20 U.S.C. 1087vv(b)(6)) is 

18 amended by inserting ‘‘, except that the value of on-base 

19 military housing or the value of basic allowance for hous20 ing determined under section 403(b) of title 37, United 

21 States Code, received by the parents, in the case of a de22 pendent student, or the student or student’s spouse, in 

23 the case of an independent student, shall be excluded’’ be24 fore the semicolon. 


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1 PART F—GENERAL PROVISIONS RELATING TO 

2 STUDENT ASSISTANCE 

3 SEC. 471. DEFINITIONS. 

4 Section 481(a)(2)(B) (20 U.S.C. 1088(a)(2)(B)) is 

5 amended by inserting ‘‘and that measures program length 

6 in credit hours or clock hours’’ after ‘‘baccalaureate de7 gree’’. 

8 SEC. 472. COMPLIANCE CALENDAR. 

9 Section 482 (20 U.S.C. 1089) is amended by adding 

10 at the end the following: 

11 ‘‘(e) COMPLIANCE CALENDAR.—Prior to the begin12 ning of each award year, the Secretary shall provide to 

13 institutions of higher education a list of all the reports 

14 and disclosures required under this Act. The list shall in15 clude— 

16 ‘‘(1) the date each report or disclosure is re17 quired to be completed and to be submitted, made 

18 available, or disseminated; 

19 ‘‘(2) the required recipients of each report or 

20 disclosure; 

21 ‘‘(3) any required method for transmittal or 

22 dissemination of each report or disclosure; 

23 ‘‘(4) a description of the content of each report 

24 or disclosure sufficient to allow the institution to 

25 identify the appropriate individuals to be assigned 

26 the responsibility for such report or disclosure; 


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1 ‘‘(5) references to the statutory authority, ap2 plicable regulations, and current guidance issued by 

3 the Secretary regarding each report or disclosure; 

4 and 

5 ‘‘(6) any other information which is pertinent to 

6 the content or distribution of the report or disclo7 sure.’’. 

8 SEC. 473. FORMS AND REGULATIONS. 

9 Section 483 (20 U.S.C. 1090) is amended— 

10 (1) by striking subsections (a) and (b) and in11 serting the following: 

12 ‘‘(a) COMMON FINANCIAL AID FORM DEVELOPMENT

13 AND PROCESSING.— 

14 ‘‘(1) IN GENERAL.— 

15 ‘‘(A) COMMON FORMS.—The Secretary, in 

16 cooperation with representatives of agencies and 

17 organizations involved in student financial as18 sistance, shall produce, distribute, and process 

19 free of charge common financial reporting 

20 forms as described in this subsection to be used 

21 to determine the need and eligibility of a stu22 dent for financial assistance under parts A 

23 through E of this title (other than under sub24 part 4 of part A). The forms shall be made 


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1 available to applicants in both paper and elec2 tronic formats. 

3 ‘‘(B) FAFSA.—The common financial re4 porting forms described in this subsection (ex5 cluding the form described in paragraph 

6 (2)(B)), shall be referred to collectively as the 

7 ‘Free Application for Federal Student Aid’, or 

8 ‘FAFSA’. 

9 ‘‘(2) PAPER FORMAT.— 

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

11 encourage applicants to file the electronic 

12 versions of the forms described in paragraph 

13 (3), but shall develop, make available, and proc14 ess— 

15 ‘‘(i) a paper version of EZ FAFSA, as 

16 described in subparagraph (B); and 

17 ‘‘(ii) a paper version of the other 

18 forms described in this subsection, in ac19 cordance with subparagraph (C), for any 

20 applicant who does not meet the require21 ments of or does not wish to use the proc22 ess described in subparagraph (B). 

23 ‘‘(B) EZ FAFSA.— 

24 ‘‘(i) IN GENERAL.—The Secretary 

25 shall develop and use, after appropriate 


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1 field testing, a simplified paper application 

2 form for applicants meeting the require3 ments of section 479(c), which form shall 

4 be referred to as the ‘EZ FAFSA’. 

5 ‘‘(ii) REQUIRED FEDERAL DATA ELE6 MENTS.—The Secretary shall include on 

7 the EZ FAFSA only the data elements re8 quired to determine student eligibility and 

9 whether the applicant meets the require10 ments of section 479(c). 

11 ‘‘(iii) REQUIRED STATE DATA ELE12 MENTS.—The Secretary shall include on 

13 the EZ FAFSA such data items as may be 

14 necessary to award State financial assist15 ance, as provided under paragraph (5), ex16 cept the Secretary shall not include a 

17 State’s data if that State does not permit 

18 its applicants for State assistance to use 

19 the EZ FAFSA. 

20 ‘‘(iv) FREE AVAILABILITY AND DATA

21 DISTRIBUTION.—The provisions of para22 graphs (6) and (10) shall apply to the EZ 

23 FAFSA. 

24 ‘‘(C) PHASE-OUT OF FULL PAPER

25 FAFSA.— 


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1 ‘‘(i) PHASE-OUT OF PRINTING OF

2 FULL PAPER FAFSA.—At such time as the 

3 Secretary determines that it is not cost-ef4 fective to print the full paper version of 

5 FAFSA, the Secretary shall— 

6 ‘‘(I) phase out the printing of the 

7 full paper version of FAFSA; 

8 ‘‘(II) maintain on the Internet 

9 easily accessible, downloadable for10 mats of the full paper version of 

11 FAFSA; and 

12 ‘‘(III) provide a printed copy of 

13 the full paper version of FAFSA upon 

14 request. 

15 ‘‘(ii) USE OF SAVINGS.—The Sec16 retary shall utilize any savings realized by 

17 phasing out the printing of the full paper 

18 version of FAFSA and moving applicants 

19 to the electronic versions of FAFSA, to im20 prove access to the electronic versions for 

21 applicants meeting the requirements of 

22 section 479(c). 

23 ‘‘(3) ELECTRONIC VERSIONS.— 

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

25 produce, make available through a broadly 


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1 available website, and process electronic 

2 versions of the FAFSA and the EZ FAFSA. 

3 ‘‘(B) MINIMUM QUESTIONS.—The Sec4 retary shall use all available technology to en5 sure that a student using an electronic version 

6 of the FAFSA under this paragraph answers 

7 only the minimum number of questions nec8 essary. 

9 ‘‘(C) REDUCED REQUIREMENTS.—The 

10 Secretary shall enable applicants who meet the 

11 requirements of subsection (b) or (c) of section 

12 479 to provide information on the electronic 

13 version of the FAFSA only for the data ele14 ments required to determine student eligibility 

15 and whether the applicant meets the require16 ments of subsection (b) or (c) of section 479. 

17 ‘‘(D) STATE DATA.—The Secretary shall 

18 include on the electronic version of the FAFSA 

19 the questions needed to determine whether the 

20 applicant is eligible for State financial assist21 ance, as provided under paragraph (5), except 

22 that the Secretary shall not— 

23 ‘‘(i) require applicants to complete 

24 data required by any State other than the 

25 applicant’s State of residence; and 


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1 ‘‘(ii) include a State’s data if such 

2 State does not permit its applicants for 

3 State assistance to use the electronic 

4 version of the FAFSA described in this 

5 paragraph. 

6 ‘‘(E) FREE AVAILABILITY AND DATA DIS7 TRIBUTION.—The provisions of paragraphs (6) 

8 and (10) shall apply to the electronic version of 

9 the FAFSA. 

10 ‘‘(F) USE OF FORMS.—Nothing in this 

11 subsection shall be construed to prohibit the use 

12 of the electronic versions of the forms developed 

13 by the Secretary pursuant to this paragraph by 

14 an eligible institution, eligible lender, a guar15 anty agency, a State grant agency, a private 

16 computer software provider, a consortium of 

17 such entities, or such other entity as the Sec18 retary may designate. Data collected by the 

19 electronic versions of such forms shall be used 

20 only for the application, award, and administra21 tion of aid awarded under this title, State aid, 

22 or aid awarded by eligible institutions or such 

23 entities as the Secretary may designate. No 

24 data collected by such electronic versions of the 

25 forms shall be used for making final aid awards 


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1 under this title until such data have been proc2 essed by the Secretary or a contractor or des3 ignee of the Secretary, except as may be per4 mitted under this title. 

5 ‘‘(G) PRIVACY.—The Secretary shall en6 sure that data collection under this paragraph 

7 complies with section 552a of title 5, United 

8 States Code, and that any entity using an elec9 tronic version of a form developed by the Sec10 retary under this paragraph shall maintain rea11 sonable and appropriate administrative, tech12 nical, and physical safeguards to ensure the in13 tegrity and confidentiality of the information, 

14 and to protect against security threats, or un15 authorized uses or disclosures of the informa16 tion provided on the electronic version of the 

17 form. 

18 ‘‘(H) SIGNATURE.—Notwithstanding any 

19 other provision of this Act, the Secretary may 

20 permit an electronic version of a form developed 

21 under this paragraph to be submitted without a 

22 signature, if a signature is subsequently sub23 mitted by the applicant or if the applicant uses 

24 a personal identification number provided by 

25 the Secretary under subparagraph (I). 


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1 ‘‘(I) PERSONAL IDENTIFICATION NUMBERS

2 AUTHORIZED.—The Secretary is authorized to 

3 assign to an applicant a personal identification 

4 number— 

5 ‘‘(i) to enable the applicant to use 

6 such number as a signature for purposes 

7 of completing an electronic version of a 

8 form developed under this paragraph; and 

9 ‘‘(ii) for any purpose determined by 

10 the Secretary to enable the Secretary to 

11 carry out this title. 

12 ‘‘(J) PERSONAL IDENTIFICATION NUMBER

13 IMPROVEMENT.—Not later than 180 days after 

14 the date of enactment of the Higher Education 

15 Amendments of 2007, the Secretary shall im16 plement a real-time data match between the So17 cial Security Administration and the Depart18 ment to minimize the time required for an ap19 plicant to obtain a personal identification num20 ber when applying for aid under this title 

21 through an electronic version of a form devel22 oped under this paragraph. 

23 ‘‘(4) STREAMLINED REAPPLICATION PROC24 ESS.— 


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

2 develop streamlined paper and electronic re3 application forms and processes for an appli4 cant who applies for financial assistance under 

5 this title in the next succeeding academic year 

6 subsequent to an academic year for which such 

7 applicant applied for financial assistance under 

8 this title. 

9 ‘‘(B) UPDATING OF DATA ELEMENTS.— 

10 The Secretary shall determine, in cooperation 

11 with States, institutions of higher education, 

12 agencies, and organizations involved in student 

13 financial assistance, the data elements that may 

14 be transferred from the previous academic 

15 year’s application and those data elements that 

16 shall be updated. 

17 ‘‘(C) REDUCED DATA AUTHORIZED.— 

18 Nothing in this title shall be construed as lim19 iting the authority of the Secretary to reduce 

20 the number of data elements required of re21 applicants. 

22 ‘‘(D) ZERO FAMILY CONTRIBUTION.—Ap23 plicants determined to have a zero family con24 tribution pursuant to section 479(c) shall not 

25 be required to provide any financial data in a 


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1 reapplication form, except data that are nec2 essary to determine eligibility under such sec3 tion. 

4 ‘‘(5) STATE REQUIREMENTS.— 

5 ‘‘(A) IN GENERAL.—Except as provided in 

6 paragraphs (2)(B)(iii), (3)(D), and (4)(B), the 

7 Secretary shall include on the forms developed 

8 under this subsection, such State-specific data 

9 items as the Secretary determines are necessary 

10 to meet State requirements for need-based 

11 State aid. Such items shall be selected in con12 sultation with State agencies in order to assist 

13 in the awarding of State financial assistance in 

14 accordance with the terms of this subsection. 

15 The number of such data items shall not be less 

16 than the number included on the common fi17 nancial reporting form for the 2005–2006 

18 award year unless a State notifies the Secretary 

19 that the State no longer requires those data 

20 items for the distribution of State need-based 

21 aid. 

22 ‘‘(B) ANNUAL REVIEW.—The Secretary 

23 shall conduct an annual review to determine— 

24 ‘‘(i) which data items each State re25 quires to award need-based State aid; and 


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1 ‘‘(ii) if the State will permit an appli2 cant to file a form described in paragraph 

3 (2)(B) or (3)(C). 

4 ‘‘(C) USE OF SIMPLIFIED APPLICATION

5 FORMS ENCOURAGED.—The Secretary shall en6 courage States to take such steps as are nec7 essary to encourage the use of simplified forms 

8 under this subsection, including those forms de9 scribed in paragraphs (2)(B) and (3)(C), for 

10 applicants who meet the requirements of sub11 section (b) or (c) of section 479. 

12 ‘‘(D) CONSEQUENCES IF STATE DOES NOT

13 ACCEPT SIMPLIFIED FORMS.—If a State does 

14 not permit an applicant to file a form described 

15 in paragraph (2)(B) or (3)(C) for purposes of 

16 determining eligibility for State need-based fi17 nancial aid, the Secretary may determine that 

18 State-specific questions for such State will not 

19 be included on a form described in paragraph 

20 (2)(B) or (3)(B). If the Secretary makes such 

21 determination, the Secretary shall advise the 

22 State of the Secretary’s determination. 

23 ‘‘(E) LACK OF STATE RESPONSE TO RE24 QUEST FOR INFORMATION.—If a State does not 

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1 tion under subparagraph (B), the Secretary 

2 shall— 

3 ‘‘(i) permit residents of that State to 

4 complete simplified forms under para5 graphs (2)(B) and (3)(B); and 

6 ‘‘(ii) not require any resident of such 

7 State to complete any data items pre8 viously required by that State under this 

9 section. 

10 ‘‘(F) RESTRICTION.—The Secretary shall 

11 not require applicants to complete any financial 

12 or non-financial data items that are not re13 quired— 

14 ‘‘(i) by the applicant’s State; or 

15 ‘‘(ii) by the Secretary. 

16 ‘‘(6) CHARGES TO STUDENTS AND PARENTS

17 FOR USE OF FORMS PROHIBITED.—The need and 

18 eligibility of a student for financial assistance under 

19 parts A through E (other than under subpart 4 of 

20 part A) may be determined only by using a form de21 veloped by the Secretary under this subsection. Such 

22 forms shall be produced, distributed, and processed 

23 by the Secretary, and no parent or student shall be 

24 charged a fee by the Secretary, a contractor, a third25 party servicer or private software provider, or any 


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1 other public or private entity for the collection, proc2 essing, or delivery of financial aid through the use 

3 of such forms. No data collected on a paper or elec4 tronic version of a form developed under this sub5 section, or other document that was created to re6 place, or used to complete, such a form, and for 

7 which a fee was paid, shall be used. 

8 ‘‘(7) RESTRICTIONS ON USE OF PIN.—No per9 son, commercial entity, or other entity shall request, 

10 obtain, or utilize an applicant’s personal identifica11 tion number assigned under paragraph (3)(I) for 

12 purposes of submitting a form developed under this 

13 subsection on an applicant’s behalf. 

14 ‘‘(8) APPLICATION PROCESSING CYCLE.—The 

15 Secretary shall enable students to submit forms de16 veloped under this subsection and initiate the proc17 essing of such forms under this subsection, as early 

18 as practicable prior to January 1 of the student’s 

19 planned year of enrollment. 

20 ‘‘(9) EARLY ESTIMATES OF EXPECTED FAMILY

21 CONTRIBUTIONS.—The Secretary shall permit an ap22 plicant to complete a form described in this sub23 section in the years prior to enrollment in order to 

24 obtain from the Secretary a nonbinding estimate of 

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1 puted in accordance with part F. Such applicant 

2 shall be permitted to update information submitted 

3 on a form described in this subsection using the 

4 process required under paragraph (4). 

5 ‘‘(10) DISTRIBUTION OF DATA.—Institutions of 

6 higher education, guaranty agencies, and States 

7 shall receive, without charge, the data collected by 

8 the Secretary using a form developed under this sub9 section for the purposes of processing loan applica10 tions and determining need and eligibility for insti11 tutional and State financial aid awards. Entities des12 ignated by institutions of higher education, guaranty 

13 agencies, or States to receive such data shall be sub14 ject to all the requirements of this section, unless 

15 such requirements are waived by the Secretary. 

16 ‘‘(11) THIRD PARTY SERVICERS AND PRIVATE

17 SOFTWARE PROVIDERS.—To the extent practicable 

18 and in a timely manner, the Secretary shall provide, 

19 to private organizations and consortia that develop 

20 software used by institutions of higher education for 

21 the administration of funds under this title, all the 

22 necessary specifications that the organizations and 

23 consortia must meet for the software the organiza24 tions and consortia develop, produce, and distribute 

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1 nications) which are so used. The specifications shall 

2 contain record layouts for required data. The Sec3 retary shall develop in advance of each processing 

4 cycle an annual schedule for providing such speci5 fications. The Secretary, to the extent practicable, 

6 shall use multiple means of providing such specifica7 tions, including conferences and other meetings, out8 reach, and technical support mechanisms (such as 

9 training and printed reference materials). The Sec10 retary shall, from time to time, solicit from such or11 ganizations and consortia means of improving the 

12 support provided by the Secretary. 

13 ‘‘(12) PARENT’S SOCIAL SECURITY NUMBER

14 AND BIRTH DATE.—The Secretary is authorized to 

15 include space on the forms developed under this sub16 section for the social security number and birth date 

17 of parents of dependent students seeking financial 

18 assistance under this title.’’; 

19 (2) by redesignating subsections (c) through (e) 

20 as subsections (b) through (d), respectively; 

21 (3) in subsection (c) (as redesignated by para22 graph (2)), by striking ‘‘that is authorized’’ and all 

23 that follows through the period at the end and in24 serting ‘‘or other appropriate provider of technical 

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1 cational services that is authorized under section 

2 663(a) of the Individuals with Disabilities Education 

3 Act. Not later than 2 years after the date of enact4 ment of the Higher Education Amendments of 2007, 

5 the Secretary shall test and implement, to the extent 

6 practicable, a toll-free telephone based system to 

7 permit applicants who meet the requirements of 

8 479(c) to submit an application over such system.’’; 

9 (4) by striking subsection (d) (as redesignated 

10 by paragraph (2)) and inserting the following: 

11 ‘‘(d) ASSISTANCE IN PREPARATION OF FINANCIAL

12 AID APPLICATION.— 

13 ‘‘(1) PREPARATION AUTHORIZED.—Notwith14 standing any provision of this Act, an applicant may 

15 use a preparer for consultative or preparation serv16 ices for the completion of a form developed under 

17 subsection (a) if the preparer satisfies the require18 ments of this subsection. 

19 ‘‘(2) PREPARER IDENTIFICATION REQUIRED.— 

20 If an applicant uses a preparer for consultative or 

21 preparation services for the completion of a form de22 veloped under subsection (a), the preparer shall in23 clude the name, signature, address or employer’s ad24 dress, social security number or employer identificaVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00274 Fmt 6652 Sfmt 6401 E:\BILLS\S1642.RS S1642

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1 tion number, and organizational affiliation of the 

2 preparer on the applicant’s form. 

3 ‘‘(3) ADDITIONAL REQUIREMENTS.—A preparer 

4 that provides consultative or preparation services 

5 pursuant to this subsection shall— 

6 ‘‘(A) clearly inform each individual upon 

7 initial contact, including contact through the 

8 Internet or by telephone, that the FAFSA and 

9 EZ FAFSA may be completed for free via 

10 paper or electronic versions of the forms that 

11 are provided by the Secretary; 

12 ‘‘(B) include in any advertising clear and 

13 conspicuous information that the FAFSA and 

14 EZ FAFSA may be completed for free via 

15 paper or electronic versions of the forms that 

16 are provided by the Secretary; 

17 ‘‘(C) if advertising or providing any infor18 mation on a website, or if providing services 

19 through a website, include on the website a link 

20 to the website described in subsection (a)(3) 

21 that provides the electronic versions of the 

22 forms developed under subsection (a); 

23 ‘‘(D) refrain from producing or dissemi24 nating any form other than the forms developed 

25 by the Secretary under subsection (a); and 


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1 ‘‘(E) not charge any fee to any individual 

2 seeking services who meets the requirements of 

3 subsection (b) or (c) of section 479. 

4 ‘‘(4) SPECIAL RULE.—Nothing in this Act shall 

5 be construed to limit preparers of the financial re6 porting forms required to be made under this title 

7 that meet the requirements of this subsection from 

8 collecting source information from a student or par9 ent, including Internal Revenue Service tax forms, in 

10 providing consultative and preparation services in 

11 completing the forms.’’; and 

12 (5) by adding at the end the following: 

13 ‘‘(e) EARLY APPLICATION AND AWARD DEMONSTRA14 TION PROGRAM.— 

15 ‘‘(1) PURPOSE.—The purpose of the dem16 onstration program implemented under this sub17 section is to determine the feasibility of imple18 menting a comprehensive early application and noti19 fication system for all dependent students and to 

20 measure the benefits and costs of such a system. 

21 ‘‘(2) PROGRAM AUTHORIZED.—Not later than 2 

22 years after the date of enactment of the Higher 

23 Education Amendments of 2007, the Secretary shall 

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1 gram enabling dependent students who wish to par2 ticipate in the program— 

3 ‘‘(A) to complete an application under this 

4 subsection during the academic year that is 2 

5 years prior to the year such students plan to 

6 enroll in an institution of higher education; and 

7 ‘‘(B) based on the application described in 

8 subparagraph (A), to obtain, not later than 1 

9 year prior to the year of the students’ planned 

10 enrollment, information on eligibility for Fed11 eral Pell Grants, Federal student loans under 

12 this title, and State and institutional financial 

13 aid for the student’s first year of enrollment in 

14 an the institution of higher education. 

15 ‘‘(3) EARLY APPLICATION AND AWARD.—For 

16 all dependent students selected for participation in 

17 the demonstration program who submit a completed 

18 FAFSA, or, as appropriate, an EZ FAFSA, 2 years 

19 prior to the year such students plan to enroll in an 

20 institution of higher education, the Secretary shall, 

21 not later than 1 year prior to the year of such 

22 planned enrollment— 

23 ‘‘(A) provide each student who meets the 

24 requirements under section 479(c) with a deter25 mination of such student’s— 


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1 ‘‘(i) expected family contribution for 

2 the first year of the student’s enrollment in 

3 an institution of higher education; 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; 

8 ‘‘(B) provide each student who does not 

9 meet the requirements under section 479(c) 

10 with an estimate of such student’s— 

11 ‘‘(i) expected family contribution for 

12 the first year of the student’s planned en13 rollment; and 

14 ‘‘(ii) Federal Pell Grant award for the 

15 first such year, based on the maximum 

16 Federal Pell Grant award at the time of 

17 application; and 

18 ‘‘(C) remind the students of the need to 

19 update the students’ information during the cal20 endar year of enrollment using the expedited re21 application process provided for in subsection 

22 (a)(4). 

23 ‘‘(4) PARTICIPANTS.—The Secretary shall in24 clude, as participants in the demonstration pro25 gram— 


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1 ‘‘(A) States selected through the applica2 tion process described in paragraph (5); 

3 ‘‘(B) institutions of higher education with4 in the selected States that are interested in par5 ticipating in the demonstration program and 

6 that can make estimates or commitments of in7 stitutional student financial aid, as appropriate, 

8 to students the year before the students’ 

9 planned enrollment date; and 

10 ‘‘(C) secondary schools within the selected 

11 States that are interested in participating in the 

12 demonstration program and can commit re13 sources to— 

14 ‘‘(i) advertising the availability of the 

15 program; 

16 ‘‘(ii) identifying students who might 

17 be interested in participating in the pro18 gram; 

19 ‘‘(iii) encouraging such students to 

20 apply; and 

21 ‘‘(iv) participating in the evaluation of 

22 the program. 

23 ‘‘(5) APPLICATIONS.—States that are interested 

24 in participating in the demonstration program shall 

25 submit an application to the Secretary at such time, 


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1 in such form, and containing such information as 

2 the Secretary shall require. The application shall in3 clude— 

4 ‘‘(A) information on the amount of the 

5 State’s need-based student financial assistance 

6 available and the eligibility criteria for receiving 

7 such assistance; 

8 ‘‘(B) a commitment to make, not later 

9 than the year before the dependent students 

10 participating in the demonstration program 

11 plan to enroll in an institution of higher edu12 cation— 

13 ‘‘(i) determinations of State financial 

14 aid awards to dependent students partici15 pating in the program who meet the re16 quirements of section 479(c); and 

17 ‘‘(ii) estimates of State financial aid 

18 awards to other dependent students par19 ticipating in the program; 

20 ‘‘(C) a plan for recruiting institutions of 

21 higher education and secondary schools with 

22 different demographic characteristics to partici23 pate in the program; 


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1 ‘‘(D) a plan for selecting institutions of 

2 higher education and secondary schools to par3 ticipate in the program that— 

4 ‘‘(i) demonstrate a commitment to en5 couraging students to submit a FAFSA, 

6 or, as appropriate, an EZ FAFSA, 2 years 

7 before the students’ planned date of enroll8 ment in an institution of higher education; 

9 ‘‘(ii) serve different populations of 

10 students; 

11 ‘‘(iii) in the case of institutions of 

12 higher education— 

13 ‘‘(I) to the extent possible, are of 

14 varying types and control; and 

15 ‘‘(II) commit to making, not later 

16 than the year prior to the year that 

17 dependent students participating in 

18 the demonstration program plan to 

19 enroll in the institution— 

20 ‘‘(aa) institutional awards to 

21 participating dependent students 

22 who meet the requirements of 

23 section 479(c); 


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1 ‘‘(bb) estimates of institu2 tional awards to other partici3 pating dependent students; and 

4 ‘‘(cc) expected or tentative 

5 awards of grants or other finan6 cial aid available under this title 

7 (including supplemental grants 

8 under subpart 3 of part A), for 

9 all participating dependent stu10 dents, along with information on 

11 State awards, as provided to the 

12 institution by the State; 

13 ‘‘(E) a commitment to participate in the 

14 evaluation conducted by the Secretary; and 

15 ‘‘(F) such other information as the Sec16 retary may require. 

17 ‘‘(6) SPECIAL PROVISIONS.— 

18 ‘‘(A) DISCRETION OF STUDENT FINANCIAL

19 AID ADMINISTRATORS.—A financial aid admin20 istrator at an institution of higher education 

21 participating in a demonstration program under 

22 this subsection may utilize the discretion, as 

23 provided under section 479A, as necessary, in 

24 awarding financial aid to students participating 

25 in the demonstration program. 


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1 ‘‘(B) WAIVERS.—The Secretary is author2 ized to waive, for an institution participating in 

3 the demonstration program, any requirements 

4 under the title, or regulations prescribed under 

5 this title, that would make the demonstration 

6 program unworkable, except that the Secretary 

7 shall not waive any provisions with respect to 

8 the maximum award amounts for grants and 

9 loans under this title. 

10 ‘‘(7) OUTREACH.—The Secretary shall make 

11 appropriate efforts in order to notify States, institu12 tions of higher education, and secondary schools of 

13 the demonstration program. 

14 ‘‘(8) EVALUATION.—The Secretary shall con15 duct a rigorous evaluation of the demonstration pro16 gram to measure the program’s benefits and adverse 

17 effects, as the benefits and effects relate to the pur18 pose of the program described in paragraph (1). In 

19 conducting the evaluation, the Secretary shall— 

20 ‘‘(A) identify whether receiving financial 

21 aid awards or estimates, as applicable, 1 year 

22 prior to the year in which the student plans to 

23 enroll in an institution of higher education, has 

24 a positive impact on the higher education aspi25 rations and plans of such student; 


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1 ‘‘(B) measure the extent to which using a 

2 student’s income information from the year that 

3 is 2 years prior to the student’s planned enroll4 ment date had an impact on the ability of 

5 States and institutions to make financial aid 

6 awards and commitments; 

7 ‘‘(C) determine what operational changes 

8 would be required to implement the program on 

9 a larger scale; 

10 ‘‘(D) identify any changes to Federal law 

11 that would be necessary to implement the pro12 gram on a permanent basis; and 

13 ‘‘(E) identify the benefits and adverse ef14 fects of providing early awards or estimates on 

15 program costs, program operations, program in16 tegrity, award amounts, distribution, and deliv17 ery of aid. 

18 ‘‘(9) CONSULTATION.—The Secretary shall con19 sult, as appropriate, with the Advisory Committee on 

20 Student Financial Assistance established under sec21 tion 491 on the design, implementation, and evalua22 tion of the demonstration program. 

23 ‘‘(f) USE OF IRS DATA AND REDUCED INCOME AND

24 ASSET INFORMATION TO DETERMINE ELIGIBILITY FOR

25 STUDENT FINANCIAL AID.— 


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1 ‘‘(1) FORMATION OF STUDY GROUP.—Not later 

2 than 180 days after the date of enactment of the 

3 Higher Education Amendments of 2007, the Comp4 troller General of the United States and the Sec5 retary of Education shall convene a study group 

6 whose members shall include the Secretary of the 

7 Treasury, the Director of the Office of Management 

8 and Budget, the Director of the Congressional 

9 Budget Office, and such other individuals as the 

10 Comptroller General and Secretary of Education 

11 may designate. 

12 ‘‘(2) STUDY REQUIRED.—The Comptroller Gen13 eral and the Secretary, in consultation with the 

14 study group convened under paragraph (1), shall de15 sign and conduct a study to identify and evaluate 

16 the means of simplifying the process of applying for 

17 Federal financial aid available under this title. The 

18 study shall focus on developing alternative ap19 proaches for calculating the expected family con20 tribution that use substantially less income and 

21 asset data than the methodology currently used, as 

22 of the time of the study, for determining the ex23 pected family contribution. 

24 ‘‘(3) OBJECTIVES OF STUDY.—The objectives of 

25 the study required under paragraph (2) are— 


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1 ‘‘(A) to shorten the FAFSA and make it 

2 easier and less time-consuming to complete, 

3 thereby increasing higher education access for 

4 low-income students; 

5 ‘‘(B) to examine the feasibility and evalu6 ate the costs and benefits of using income data 

7 from the Internal Revenue Service to pre-popu8 late the electronic version of the FAFSA; 

9 ‘‘(C) to determine ways in which to provide 

10 reliable information on the amount of Federal 

11 grant aid and financial assistance a student can 

12 expect to receive, assuming constant income, 2 

13 to 3 years before the student’s enrollment; and 

14 ‘‘(D) to simplify the process for deter15 mining eligibility for student financial aid with16 out causing significant redistribution of Federal 

17 grants and subsidized loans under this title. 

18 ‘‘(4) REQUIRED SUBJECTS OF STUDY.—The 

19 study required under paragraph (2) shall consider— 

20 ‘‘(A) how the expected family contribution 

21 of a student could be calculated using substan22 tially less income and asset information than 

23 the approach currently used, as of the time of 

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1 tion of Federal grants and subsidized loans 

2 under this title, State aid, or institutional aid, 

3 or change in the composition of the group of re4 cipients of such aid, which alternative ap5 proaches for calculating the expected family 

6 contribution shall, to the extent practicable— 

7 ‘‘(i) rely mainly, in the case of stu8 dents and parents who file income tax re9 turns, on information available on the 

10 1040, 1040EZ, and 1040A; and 

11 ‘‘(ii) include formulas for adjusting in12 come or asset information to produce simi13 lar results to the existing approach with 

14 less data; 

15 ‘‘(B) how the Internal Revenue Service can 

16 provide income and other data needed to com17 pute an expected family contribution for tax18 payers and dependents of taxpayers to the Sec19 retary of Education, and when in the applica20 tion cycle the data can be made available; 

21 ‘‘(C) whether data provided by the Internal 

22 Revenue could be used to— 

23 ‘‘(i) prepopulate the electronic version 

24 of the FAFSA with student and parent 

25 taxpayer data; or 


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1 ‘‘(ii) generate an expected family con2 tribution without additional action on the 

3 part of the student and taxpayer; 

4 ‘‘(D) the extent to which the use of income 

5 data from 2 years prior to a student’s planned 

6 enrollment date would change the expected fam7 ily contribution computed in accordance with 

8 part F, and potential adjustments to the need 

9 analysis formula that would minimize the 

10 change; 

11 ‘‘(E) the extent to which States and insti12 tutions would accept the data provided by the 

13 Internal Revenue Service to prepopulate the 

14 electronic version of the FAFSA in determining 

15 the distribution of State and institutional stu16 dent financial aid funds; 

17 ‘‘(F) the changes to the electronic version 

18 of the FAFSA and verification processes that 

19 would be needed or could be made if Internal 

20 Revenue Service data were used to prepopulate 

21 such electronic version; 

22 ‘‘(G) the data elements currently collected, 

23 as of the time of the study, on the FAFSA that 

24 are needed to determine eligibility for student 

25 aid, or to administer Federal student financial 


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1 aid programs, but are not needed to compute 

2 an expected family contribution, such as wheth3 er information regarding the student’s citizen4 ship or permanent residency status, registration 

5 for selective service, or driver’s license number 

6 could be reduced without adverse effects; 

7 ‘‘(H) additional steps that can be taken to 

8 simplify the financial aid application process for 

9 students who (or, in the case of dependent stu10 dents, whose parents) are not required to file 

11 an income tax return for the prior taxable year; 

12 ‘‘(I) information on the State need for and 

13 usage of the full array of income, asset, and 

14 other information currently collected, as of the 

15 time of the study, on the FAFSA, including 

16 analyses of— 

17 ‘‘(i) what data are currently used by 

18 States to determine eligibility for State 

19 student financial aid, and whether the data 

20 are used for merit or need-based aid; 

21 ‘‘(ii) the extent to which the full array 

22 of income and asset information currently 

23 collected on the FAFSA play an important 

24 role in the awarding of need-based State fi25 nancial aid, and whether the State could 


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1 use income and asset information that was 

2 more limited to support determinations of 

3 eligibility for such State aid programs; 

4 ‘‘(iii) whether data are required by 

5 State law, State regulations, or policy di6 rectives; 

7 ‘‘(iv) what State official has the au8 thority to advise the Department on what 

9 the State requires to calculate need-based 

10 State student financial aid; 

11 ‘‘(v) the extent to which any State12 specific information requirements could be 

13 met by completion of a State application 

14 linked to the electronic version of the 

15 FAFSA; and 

16 ‘‘(vi) whether the State can use, as of 

17 the time of the study, or could use, a stu18 dent’s expected family contribution based 

19 on data from 2 years prior to the student’s 

20 planned enrollment date and a calculation 

21 with reduced data elements and, if not, 

22 what additional information would be need23 ed or what changes would be required; and 

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1 er education are already using supplemental 

2 forms to collect additional data from students 

3 and their families to determine eligibility for in4 stitutional funds. 

5 ‘‘(5) USE OF DATA FROM THE INTERNAL REV6 ENUE SERVICE TO PREPOPULATE FAFSA FORMS.— 

7 After the study required under this subsection has 

8 been completed, the Secretary may use Internal Rev9 enue Service data to prepopulate the electronic 

10 version of the FAFSA if the Secretary, in a joint de11 cision with the Secretary of Treasury, determines 

12 that such use will not significantly negatively impact 

13 students, institutions of higher education, States, or 

14 the Federal Government based on each of the fol15 lowing criteria: 

16 ‘‘(A) Program costs. 

17 ‘‘(B) Redistributive effects on students. 

18 ‘‘(C) Accuracy of aid determinations. 

19 ‘‘(D) Reduction of burden to the FAFSA 

20 filers. 

21 ‘‘(E) Whether all States and institutions 

22 that currently accept the Federal aid formula 

23 accept the use of data from 2 years prior to the 

24 date of a student’s planned enrollment in an in25 stitution of higher education to award Federal, 


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1 State, and institutional aid, and as a result will 

2 not require students to complete any additional 

3 forms to receive this aid. 

4 ‘‘(6) CONSULTATION.—The Secretary shall con5 sult with the Advisory Committee on Student Finan6 cial Assistance established under section 491 as ap7 propriate in carrying out this subsection. 

8 ‘‘(7) REPORT.—Not later than 18 months after 

9 the date of enactment of the Higher Education 

10 Amendments of 2007, the Comptroller General and 

11 the Secretary shall prepare and submit a report on 

12 the results of the study required under this sub13 section to the authorizing committees.’’. 

14 SEC. 474. STUDENT ELIGIBILITY. 

15 Section 484 (20 U.S.C. 1091) is 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 the date of enactment of this subsection, the Sec5 retary shall not take any compliance, disallowance, 

6 penalty, or other action against a student or an eli7 gible institution when such action arises out of such 

8 institution’s prior award of student assistance under 

9 this title if the institution demonstrates to the satis10 faction of the Secretary that its course of instruction 

11 would have been in conformance with the require12 ments of this subsection.’’; 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— 


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1 ‘‘(i) has completed secondary school with a 

2 diploma or certificate; or 

3 ‘‘(ii) has completed secondary school; or 

4 ‘‘(B) be an individual who is no longer eligible 

5 for assistance under the Individuals with Disabilities 

6 Education Act because the individual has exceeded 

7 the maximum age for which the State provides a 

8 free appropriate public education; 

9 ‘‘(3) be enrolled or accepted for enrollment in 

10 a comprehensive transition and postsecondary edu11 cation program that— 

12 ‘‘(A) is designed for students with an intel13 lectual disability who are seeking to continue 

14 academic, vocational, and independent living in15 struction at the institution in order to prepare 

16 for gainful employment and independent living; 

17 ‘‘(B) includes an advising and curriculum 

18 structure; 

19 ‘‘(C) requires students to participate on at 

20 least a half-time basis, as determined by the in21 stitution; or 

22 ‘‘(D) includes— 

23 ‘‘(i) regular enrollment in courses of24 fered by the institution; 


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1 ‘‘(ii) auditing or participating in 

2 courses offered by the institution for which 

3 the student does not receive regular aca4 demic credit; 

5 ‘‘(iii) enrollment in noncredit, non6 degree courses; 

7 ‘‘(iv) participation in internships; or 

8 ‘‘(v) a combination of 2 or more of 

9 the activities described in clauses (i) 

10 through (iv); 

11 ‘‘(4) be maintaining satisfactory progress in the 

12 program as determined by the institution, in accord13 ance with standards established by the institution; 

14 and 

15 ‘‘(5) meet the requirements of paragraphs (3), 

16 (4), (5), and (6) of subsection (a).’’. 

17 SEC. 475. STATUTE OF LIMITATIONS AND STATE COURT 

18 JUDGMENTS. 

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

20 (1) in subsection (b)— 

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

22 after the semicolon; 

23 (B) in paragraph (2), by striking the pe24 riod and inserting ‘‘; and’’; and 

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


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

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

3 of higher education that has an agreement with the 

4 Secretary pursuant to section 463(a) shall not be 

5 subject to a defense raised by any borrower based on 

6 a claim of infancy.’’; and 

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

8 ‘‘(d) SPECIAL RULE.—This section shall not apply in 

9 the case of a student who is deceased or to a deceased 

10 student’s estate or the estate of such student’s family. If 

11 a student is deceased, then the student’s estate or the es12 tate of the student’s family shall not be required to repay 

13 any financial assistance under this title, including interest 

14 paid on the student’s behalf, collection costs, or other 

15 charges specified in this title.’’. 

16 SEC. 476. INSTITUTIONAL REFUNDS. 

17 Section 484B(c)(2) (20 U.S.C. 1091B(c)(2)) is 

18 amended by striking ‘‘may determine the appropriate 

19 withdrawal date.’’ and inserting ‘‘may determine— 

20 ‘‘(A) the appropriate withdrawal date; and 

21 ‘‘(B) that the requirements of this section 

22 do not apply to the student.’’. 

23 SEC. 477. INSTITUTIONAL AND FINANCIAL ASSISTANCE IN24 FORMATION FOR STUDENTS. 

25 Section 485 (20 U.S.C. 1092) is amended— 


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1 (1) in subsection (a)— 

2 (A) in paragraph (1)— 

3 (i) by striking subparagraph (M) and 

4 inserting the following: 

5 ‘‘(M) the terms and conditions of the loans 

6 that students receive under parts B, D, and 

7 E;’’; 

8 (ii) in subparagraph (N), by striking 

9 ‘‘and’’ after the semicolon; 

10 (iii) in subparagraph (O), by striking 

11 the period and inserting a semicolon; and 

12 (iv) by adding at the end the fol13 lowing: 

14 ‘‘(P) institutional policies and sanctions related 

15 to copyright infringement that inform students that 

16 unauthorized distribution of copyrighted material on 

17 the institution’s information technology systems, in18 cluding engaging in unauthorized peer-to-peer file 

19 sharing, may subject the students to civil and crimi20 nal penalties;’’ 

21 ‘‘(Q) student body diversity at the institution, 

22 including information on the percentage of enrolled, 

23 full-time students who are— 

24 ‘‘(i) male; 

25 ‘‘(ii) female; 


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1 ‘‘(iii) from a low-income background; and 

2 ‘‘(iv) a self-identified member of a major 

3 racial or ethnic group; 

4 ‘‘(R) the placement in employment of, and 

5 types of employment obtained by, graduates of 

6 the institution’s degree or certificate programs, 

7 gathered from such sources as alumni surveys, 

8 student satisfaction surveys, the National Sur9 vey of Student Engagement, the Community 

10 College Survey of Student Engagement, State 

11 data systems, or other relevant sources; 

12 ‘‘(S) the types of graduate and professional 

13 education in which graduates of the institu14 tion’s 4-year degree programs enrolled, gath15 ered from such sources as alumni surveys, stu16 dent satisfaction surveys, the National Survey 

17 of Student Engagement, State data systems, or 

18 other relevant sources; and 

19 ‘‘(T) the fire safety report prepared by the 

20 institution pursuant to subsection (i).’’; 

21 (B) by striking paragraph (4) and insert22 ing the following: 

23 ‘‘(4) For purposes of this section, institutions 

24 may— 


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1 ‘‘(A) exclude from the information dis2 closed in accordance with subparagraph (L) of 

3 paragraph (1) the completion or graduation 

4 rates of students who leave school to serve in 

5 the Armed Forces, on official church missions, 

6 or with a recognized foreign aid service of the 

7 Federal Government; or 

8 ‘‘(B) in cases where the students described 

9 in subparagraph (A) represent 20 percent or 

10 more of the certificate- or degree-seeking, full11 time, undergraduate students at the institution, 

12 the institution may recalculate the completion 

13 or graduation rates of such students by exclud14 ing from the calculation described in paragraph 

15 (3) the time period such students were not en16 rolled due to their service in the Armed Forces, 

17 on official church missions, or with a recognized 

18 foreign aid service of the Federal Govern19 ment.’’; and 

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

21 ‘‘(7) The information disclosed under subparagraph 

22 (L) of paragraph (1), or reported under subsection (e), 

23 shall include information disaggregated by gender, by each 

24 major racial and ethnic subgroup, by recipients of a Fed25 eral Pell Grant, by recipients of a loan made under this 


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1 part or part D (other than a loan made under section 

2 428H or a Federal Direct Unsubsidized Stafford Loan) 

3 who did not receive a Federal Pell Grant, and by recipients 

4 of neither a Federal Pell Grant nor a loan made under 

5 this part or part D (other than a loan made under section 

6 428H or a Federal Direct Unsubsidized Stafford Loan), 

7 if the number of students in such subgroup or with such 

8 status is sufficient to yield statistically reliable informa9 tion and reporting would not reveal personally identifiable 

10 information about an individual student. If such number 

11 is not sufficient for such purposes, then the institution 

12 shall note that the institution enrolled too few of such stu13 dents to so disclose or report with confidence and con14 fidentiality.’’; 

15 (2) in subsection (b)— 

16 (A) in paragraph (1)(A), by striking the 

17 subparagraph designation and all that follows 

18 through ‘‘465.’’ and inserting the following: 

19 ‘‘(A) Each eligible institution shall, 

20 through financial aid offices or otherwise, pro21 vide counseling to borrowers of loans that are 

22 made, insured, or guaranteed under part B 

23 (other than loans made pursuant to section 

24 428C or loans made to parents pursuant to sec25 tion 428B), or made under part D (other than 


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1 Federal Direct Consolidation Loans or Federal 

2 Direct PLUS Loans made to parents) or E, 

3 prior to the completion of the course of study 

4 for which the borrower enrolled at the institu5 tion or at the time of departure from such insti6 tution. The counseling required by this sub7 section shall include— 

8 ‘‘(i) information on the repayment 

9 plans available, including a discussion of 

10 the different features of each plan and 

11 sample information showing the difference 

12 in interest paid and total payments under 

13 each plan; 

14 ‘‘(ii) the average anticipated monthly 

15 repayments under the standard repayment 

16 plan and, at the borrower’s request, the 

17 other repayment plans for which the bor18 rower is eligible; 

19 ‘‘(iii) such debt and management 

20 strategies as the institution determines are 

21 designed to facilitate the repayment of 

22 such indebtedness; 

23 ‘‘(iv) an explanation that the borrower 

24 has the ability to prepay each such loan, 


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1 pay the loan on a shorter schedule, and 

2 change repayment plans; 

3 ‘‘(v) the terms and conditions under 

4 which the student may obtain full or par5 tial forgiveness or cancellation of principal 

6 or interest under sections 428J, 460, and 

7 465 (to the extent that such sections are 

8 applicable to the student’s loans); 

9 ‘‘(vi) the terms and conditions under 

10 which the student may defer repayment of 

11 principal or interest or be granted forbear12 ance under subsections (b)(1)(M) and (o) 

13 of section 428, 428H(e)(7), subsections (f) 

14 and (l) of section 455, and section 

15 464(c)(2), and the potential impact of such 

16 deferment or forbearance; 

17 ‘‘(vii) the consequences of default on 

18 such loans; 

19 ‘‘(viii) information on the effects of 

20 using a consolidation loan to discharge the 

21 borrower’s loans under parts B, D, and E, 

22 including, at a minimum— 

23 ‘‘(I) the effects of consolidation 

24 on total interest to be paid, fees to be 

25 paid, and length of repayment; 


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1 ‘‘(II) the effects of consolidation 

2 on a borrower’s underlying loan bene3 fits, including all grace periods, loan 

4 forgiveness, cancellation, and 

5 deferment opportunities; 

6 ‘‘(III) the ability of the borrower 

7 to prepay the loan or change repay8 ment plans; and 

9 ‘‘(IV) that borrower benefit pro10 grams may vary among different loan 

11 holders; and 

12 ‘‘(ix) a notice to borrowers about the 

13 availability of the National Student Loan 

14 Data System and how the system can be 

15 used by a borrower to obtain information 

16 on the status of the borrower’s loans.’’; 

17 and 

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

19 ‘‘(3) Each eligible institution shall, during the 

20 exit interview required by this subsection, provide to 

21 a borrower of a loan made under part B, D, or E 

22 a clear and conspicuous notice describing the general 

23 effects of using a consolidation loan to discharge the 

24 borrower’s student loans, including— 


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1 ‘‘(A) the effects of consolidation on total 

2 interest to be paid, fees to be paid, and length 

3 of repayment; 

4 ‘‘(B) the effects of consolidation on a bor5 rower’s underlying loan benefits, including loan 

6 forgiveness, cancellation, and deferment; 

7 ‘‘(C) the ability for the borrower to prepay 

8 the loan, pay on a shorter schedule, and to 

9 change repayment plans, and that borrower 

10 benefit programs may vary among different 

11 loan holders; 

12 ‘‘(D) the tax benefits for which the bor13 rower may be eligible; and 

14 ‘‘(E) the consequences of default.’’; 

15 (3) in subsection (d)(2)— 

16 (A) by inserting ‘‘grant assistance, as well 

17 as State’’ after ‘‘describing State’’; and 

18 (B) by inserting ‘‘and other means, includ19 ing through the Internet’’ before the period at 

20 the end; 

21 (4) in subsection (e), by striking paragraph (3) 

22 and inserting the following: 

23 ‘‘(3) For purposes of this subsection, institu24 tions may— 


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1 ‘‘(A) exclude from the reporting require2 ments under paragraphs (1) and (2) the com3 pletion or graduation rates of students and stu4 dent athletes who leave school to serve in the 

5 Armed Forces, on official church missions, or 

6 with a recognized foreign aid service of the Fed7 eral Government; or 

8 ‘‘(B) in cases where the students described 

9 in subparagraph (A) represent 20 percent or 

10 more of the certificate- or degree-seeking, full11 time, undergraduate students at the institution, 

12 the institution may calculate the completion or 

13 graduation rates of such students by excluding 

14 from the calculations described in paragraph 

15 (1) the time period such students were not en16 rolled due to their service in the Armed Forces, 

17 on official church missions, or with a recognized 

18 foreign aid service of the Federal Govern19 ment.’’; 

20 (5) in subsection (f)— 

21 (A) in paragraph (1)— 

22 (i) the matter preceding subparagraph 

23 (A), by inserting ‘‘, other than a foreign 

24 institution of higher education,’’ after 

25 ‘‘under this title’’; and 


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

3 ‘‘(J) A statement of current campus poli4 cies regarding immediate emergency response 

5 and evacuation procedures, including the use of 

6 electronic and cellular communication (if appro7 priate), which policies shall include proce8 dures— 

9 ‘‘(i) to notify the campus community 

10 in a reasonable and timely manner in the 

11 event of a significant emergency or dan12 gerous situation, involving an immediate 

13 threat to the health or safety of students 

14 or staff, occurring on the campus; 

15 ‘‘(ii) to publicize emergency response 

16 and evacuation procedures on an annual 

17 basis in a manner designed to reach stu18 dents and staff; and 

19 ‘‘(iii) to test emergency response and 

20 evacuation procedures on an annual 

21 basis.’’; 

22 (B) by redesignating paragraph (15) as 

23 paragraph (17); and 

24 (C) by inserting after paragraph (14) the 

25 following: 


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1 ‘‘(15) COMPLIANCE REPORT.—The Secretary 

2 shall annually report to the authorizing committees 

3 regarding compliance with this subsection by institu4 tions of higher education, including an up-to-date re5 port on the Secretary’s monitoring of such compli6 ance. 

7 ‘‘(16) BEST PRACTICES.—The Secretary may 

8 seek the advice and counsel of the Attorney General 

9 concerning the development, and dissemination to 

10 institutions of higher education, of best practices in11 formation about campus safety and emergencies.’’; 

12 and 

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

14 ‘‘(h) TRANSFER OF CREDIT POLICIES.— 

15 ‘‘(1) DISCLOSURE.—Each institution of higher 

16 education participating in any program under this 

17 title shall publicly disclose in a readable and com18 prehensible manner the institution’s transfer of cred19 it policies which shall include a statement of the in20 stitution’s current transfer of credit policies that in21 cludes, at a minimum— 

22 ‘‘(A) a statement that transfer of credit 

23 shall not be denied solely on the basis of the 

24 agency or association that accredited such other 

25 institution of higher education, if that agency 


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1 or association is recognized by the Secretary 

2 pursuant to section 496 to be a reliable author3 ity as to the quality of the education or training 

4 offered; and 

5 ‘‘(B) a list of institutions of higher edu6 cation with which the institution has established 

7 an articulation agreement. 

8 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

9 this subsection shall be construed to— 

10 ‘‘(A) authorize an officer or employee of 

11 the Department to exercise any direction, su12 pervision, or control over the curriculum, pro13 gram of instruction, administration, or per14 sonnel of any institution of higher education, or 

15 over any accrediting agency or association; 

16 ‘‘(B) limit the application of the General 

17 Education Provisions Act; or 

18 ‘‘(C) create any legally enforceable right on 

19 the part of a student to require an institution 

20 of higher education to accept a transfer of cred21 it from another institution. 

22 ‘‘(i) DISCLOSURE OF FIRE SAFETY STANDARDS AND

23 MEASURES.— 

24 ‘‘(1) ANNUAL FIRE SAFETY REPORTS ON STU25 DENT HOUSING REQUIRED.—Each eligible instituVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00309 Fmt 6652 Sfmt 6401 E:\BILLS\S1642.RS S1642

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1 tion participating in any program under this title 

2 shall, on an annual basis, publish a fire safety re3 port, which shall contain information with respect to 

4 the campus fire safety practices and standards of 

5 that institution, including— 

6 ‘‘(A) statistics concerning the following in 

7 each on-campus student housing facility during 

8 the most recent calendar years for which data 

9 are available— 

10 ‘‘(i) the number of fires and the cause 

11 of each fire; 

12 ‘‘(ii) the number of injuries related to 

13 a fire that result in treatment at a medical 

14 facility; 

15 ‘‘(iii) the number of deaths related to 

16 a fire; and 

17 ‘‘(iv) the value of property damage 

18 caused by a fire; 

19 ‘‘(B) a description of each on-campus stu20 dent housing facility fire safety system, includ21 ing the fire sprinkler system; 

22 ‘‘(C) the number of regular mandatory su23 pervised fire drills; 

24 ‘‘(D) policies or rules on portable electrical 

25 appliances, smoking, and open flames (such as 


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1 candles), procedures for evacuation, and policies 

2 regarding fire safety education and training 

3 programs provided to students, faculty, and 

4 staff; and 

5 ‘‘(E) plans for future improvements in fire 

6 safety, if determined necessary by such institu7 tion. 

8 ‘‘(2) REPORT TO THE SECRETARY.—Each eligi9 ble institution participating in any program under 

10 this title shall, on an annual basis submit to the Sec11 retary a copy of the statistics required to be made 

12 available under subparagraph (A). 

13 ‘‘(3) CURRENT INFORMATION TO CAMPUS COM14 MUNITY.—Each institution participating in any pro15 gram under this title shall— 

16 ‘‘(A) make, keep, and maintain a log, re17 cording all fires in on-campus student housing 

18 facilities, including the nature, date, time, and 

19 general location of each fire; and 

20 ‘‘(B) make annual reports to the campus 

21 community on such fires. 

22 ‘‘(4) RESPONSIBILITIES OF THE SECRETARY.— 

23 The Secretary shall— 

24 ‘‘(A) make such statistics submitted to the 

25 Secretary available to the public; and 


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1 ‘‘(B) in coordination with nationally recog2 nized fire organizations and representatives of 

3 institutions of higher education, representatives 

4 of associations of institutions of higher edu5 cation, and other organizations that represent 

6 and house a significant number of students— 

7 ‘‘(i) identify exemplary fire safety 

8 policies, procedures, programs, and prac9 tices; 

10 ‘‘(ii) disseminate information to the 

11 Administrator of the United States Fire 

12 Administration; 

13 ‘‘(iii) make available to the public in14 formation concerning those policies, proce15 dures, programs, and practices that have 

16 proven effective in the reduction of fires; 

17 and 

18 ‘‘(iv) develop a protocol for institu19 tions to review the status of their fire safe20 ty systems. 

21 ‘‘(5) RULES OF CONSTRUCTION.—Nothing in 

22 this subsection shall be construed to— 

23 ‘‘(A) authorize the Secretary to require 

24 particular policies, procedures, programs, or 

25 practices by institutions of higher education 


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1 with respect to fire safety, other than with re2 spect to the collection, reporting, and dissemi3 nation of information required by this sub4 section; 

5 ‘‘(B) affect the Family Educational Rights 

6 and Privacy Act of 1974 or the regulations 

7 issued under section 264 of the Health Insur8 ance Portability and Accountability Act of 1996 

9 (42 U.S.C. 1320d–2 note). 

10 ‘‘(C) create a cause of action against any 

11 institution of higher education or any employee 

12 of such an institution for any civil liability; and 

13 ‘‘(D) establish any standard of care. 

14 ‘‘(6) COMPLIANCE REPORT.—The Secretary 

15 shall annually report to the authorizing committees 

16 regarding compliance with this subsection by institu17 tions of higher education, including an up-to-date re18 port on the Secretary’s monitoring of such compli19 ance. 

20 ‘‘(7) EVIDENCE.—Notwithstanding any other 

21 provision of law, evidence regarding compliance or 

22 noncompliance with this subsection shall not be ad23 missible as evidence in any proceeding of any court, 

24 agency, board, or other entity, except with respect to 

25 an action to enforce this subsection.’’. 


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1 SEC. 478. NATIONAL STUDENT LOAN DATA SYSTEM. 

2 Section 485B (20 U.S.C. 1092b) is amended— 

3 (1) in subsection (a)— 

4 (A) by redesignating paragraphs (6) 

5 through (10) as paragraphs (7) through (11), 

6 respectively; 

7 (B) in paragraph (5) (as added by Public 

8 Law 101–610), by striking ‘‘effectiveness.’’ and 

9 inserting ‘‘effectiveness;’’; and 

10 (C) by redesignating paragraph (5) (as 

11 added by Public Law 101–234) as paragraph 

12 (6); 

13 (2) by redesignating subsections (d) through (g) 

14 as subsections (e) through (h), respectively; and 

15 (3) by inserting after subsection (c) the fol16 lowing: 

17 ‘‘(d) PRINCIPLES FOR ADMINISTERING THE DATA

18 SYSTEM.—In managing the National Student Loan Data 

19 System, the Secretary shall take actions necessary to 

20 maintain confidence in the data system, including, at a 

21 minimum— 

22 ‘‘(1) ensuring that the primary purpose of ac23 cess to the data system by guaranty agencies, eligi24 ble lenders, and eligible institutions of higher edu25 cation is for legitimate program operations, such as 

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1 tial student, or parent for loans under part B, D, or 

2 E; 

3 ‘‘(2) prohibiting nongovernmental researchers 

4 and policy analysts from accessing personally identi5 fiable information; 

6 ‘‘(3) creating a disclosure form for students and 

7 potential students that is distributed when such stu8 dents complete the common financial reporting form 

9 under section 483, and as a part of the exit coun10 seling process under section 485(b), that— 

11 ‘‘(A) informs the students that any title IV 

12 grant or loan the students receive will be in13 cluded in the National Student Loan Data Sys14 tem, and instructs the students on how to ac15 cess that information; 

16 ‘‘(B) describes the categories of individuals 

17 or entities that may access the data relating to 

18 such grant or loan through the data system, 

19 and for what purposes access is allowed; 

20 ‘‘(C) defines and explains the categories of 

21 information included in the data system; 

22 ‘‘(D) provides a summary of the provisions 

23 of the Family Educational Rights and Privacy 

24 Act of 1974 and other applicable Federal pri25 vacy statutes, and a statement of the students’ 


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1 rights and responsibilities with respect to such 

2 statutes; 

3 ‘‘(E) explains the measures taken by the 

4 Department to safeguard the students’ data; 

5 and 

6 ‘‘(F) includes other information as deter7 mined appropriate by the Secretary; 

8 ‘‘(4) requiring guaranty agencies, eligible lend9 ers, and eligible institutions of higher education that 

10 enter into an agreement with a potential student, 

11 student, or parent of such student regarding a loan 

12 under part B, D, or E, to inform the student or par13 ent that such loan shall be— 

14 ‘‘(A) submitted to the data system; and 

15 ‘‘(B) accessible to guaranty agencies, eligi16 ble lenders, and eligible institutions of higher 

17 education determined by the Secretary to be au18 thorized users of the data system; 

19 ‘‘(5) regularly reviewing the data system to— 

20 ‘‘(A) delete inactive users from the data 

21 system; 

22 ‘‘(B) ensure that the data in the data sys23 tem are not being used for marketing purposes; 

24 and 


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1 ‘‘(C) monitor the use of the data system by 

2 guaranty agencies and eligible lenders to deter3 mine whether an agency or lender is accessing 

4 the records of students in which the agency or 

5 lender has no existing financial interest; and 

6 ‘‘(6) developing standardized protocols for lim7 iting access to the data system that include— 

8 ‘‘(A) collecting data on the usage of the 

9 data system to monitor whether access has been 

10 or is being used contrary to the purposes of the 

11 data system; 

12 ‘‘(B) defining the steps necessary for de13 termining whether, and how, to deny or restrict 

14 access to the data system; and 

15 ‘‘(C) determining the steps necessary to re16 open access to the data system following a de17 nial or restriction of access.’’; and 

18 (4) by striking subsection (e) (as redesignated 

19 by paragraph (1)) and inserting the following: 

20 ‘‘(e) REPORTS TO CONGRESS.— 

21 ‘‘(1) ANNUAL REPORT.—Not later than Sep22 tember 30 of each fiscal year, the Secretary shall 

23 prepare and submit to the appropriate committees of 

24 Congress a report describing— 


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1 ‘‘(A) the results obtained by the establish2 ment and operation of the National Student 

3 Loan Data System authorized by this section; 

4 ‘‘(B) the effectiveness of existing privacy 

5 safeguards in protecting student and parent in6 formation in the data system; 

7 ‘‘(C) the success of any new authorization 

8 protocols in more effectively preventing abuse of 

9 the data system; 

10 ‘‘(D) the ability of the Secretary to mon11 itor how the system is being used, relative to 

12 the intended purposes of the data system; and 

13 ‘‘(E) any protocols developed under sub14 section (d)(6) during the preceding fiscal year. 

15 ‘‘(2) STUDY.— 

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

17 conduct a study regarding— 

18 ‘‘(i) available mechanisms for pro19 viding students and parents with the abil20 ity to opt in or opt out of allowing eligible 

21 lenders to access their records in the Na22 tional Student Loan Data System; and 

23 ‘‘(ii) appropriate protocols for limiting 

24 access to the data system, based on the 

25 risk assessment required under subchapter 


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1 III of chapter 35 of title 44, United States 

2 Code. 

3 ‘‘(B) SUBMISSION OF STUDY.—Not later 

4 than 3 years after the date of enactment of the 

5 Higher Education Amendments of 2007, the 

6 Secretary shall prepare and submit a report on 

7 the findings of the study to the appropriate 

8 committees of Congress.’’. 

9 SEC. 479. EARLY AWARENESS OF FINANCIAL AID ELIGI10 BILITY. 

11 Part G of title IV (20 U.S.C. 1088 et seq.) is further 

12 amended by inserting after section 485D (20 U.S.C. 

13 1092c) the following: 

14 ‘‘SEC. 485E. EARLY AWARENESS OF FINANCIAL AID ELIGI15 BILITY. 

16 ‘‘(a) IN GENERAL.—The Secretary shall implement, 

17 in cooperation with States, institutions of higher edu18 cation, secondary schools, middle schools, early interven19 tion and outreach programs under this title, other agen20 cies and organizations involved in student financial assist21 ance and college access, public libraries, community cen22 ters, employers, and businesses, a comprehensive system 

23 of early financial aid information in order to provide stu24 dents and families with early information about financial 

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1 nancial aid from multiple sources. Such system shall in2 clude the activities described in subsections (b) and (c). 

3 ‘‘(b) COMMUNICATION OF AVAILABILITY OF AID AND

4 AID ELIGIBILITY.— 

5 ‘‘(1) STUDENTS WHO RECEIVE BENEFITS.—The 

6 Secretary shall— 

7 ‘‘(A) make special efforts to notify stu8 dents, who receive or are eligible to receive ben9 efits under a Federal means-tested benefit pro10 gram (including the food stamp program under 

11 the Food Stamp Act of 1977 (7 U.S.C. 2011 et 

12 seq.)) or another such benefit program as deter13 mined by the Secretary, of such students’ po14 tential eligibility for a maximum Federal Pell 

15 Grant under subpart 1 of part A; and 

16 ‘‘(B) disseminate such informational mate17 rials as the Secretary determines necessary. 

18 ‘‘(2) MIDDLE SCHOOL STUDENTS.—The Sec19 retary, in cooperation with States, institutions of 

20 higher education, other organizations involved in col21 lege access and student financial aid, middle schools, 

22 and programs under this title that serve middle 

23 school students, shall make special efforts to notify 

24 students and their parents of the availability of fi25 nancial aid under this title and, in accordance with 


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1 subsection (c), shall provide nonbinding estimates of 

2 grant and loan aid that an individual may be eligible 

3 for under this title upon completion of an applica4 tion form under section 483(a). The Secretary shall 

5 ensure that such information is as accurate as pos6 sible and that such information is provided in an 

7 age-appropriate format using dissemination mecha8 nisms suitable for students in middle school. 

9 ‘‘(3) SECONDARY SCHOOL STUDENTS.—The 

10 Secretary, in cooperation with States, institutions of 

11 higher education, other organizations involved in col12 lege access and student financial aid, secondary 

13 schools, and programs under this title that serve sec14 ondary school students, shall make special efforts to 

15 notify students in secondary school and their par16 ents, as early as possible but not later than such 

17 students’ junior year of secondary school, of the 

18 availability of financial aid under this title and, in 

19 accordance with subsection (c), shall provide non20 binding estimates of the amounts of grant and loan 

21 aid that an individual may be eligible for under this 

22 title upon completion of an application form under 

23 section 483(a). The Secretary shall ensure that such 

24 information is as accurate as possible and that such 

25 information is provided in an age-appropriate format 


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1 using dissemination mechanisms suitable for stu2 dents in secondary school. 

3 ‘‘(4) ADULT LEARNERS.—The Secretary, in co4 operation with States, institutions of higher edu5 cation, other organizations involved in college access 

6 and student financial aid, employers, workforce in7 vestment boards and public libraries, shall make spe8 cial efforts to provide individuals who would qualify 

9 as independent students, as defined in section 

10 480(d), with information regarding the availability 

11 of financial aid under this title and, in accordance 

12 with subsection (c), with nonbinding estimates of the 

13 amounts of grant and loan aid that an individual 

14 may be eligible for under this title upon completion 

15 of an application form under section 483(a). The 

16 Secretary shall ensure that such information— 

17 ‘‘(A) is as accurate as possible; 

18 ‘‘(B) includes specific information regard19 ing the availability of financial aid for students 

20 qualified as independent students, as defined in 

21 section 480(d); and 

22 ‘‘(C) uses dissemination mechanisms suit23 able for adult learners. 

24 ‘‘(5) PUBLIC AWARENESS CAMPAIGN.—Not 

25 later than 2 years after the date of enactment of the 


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1 Higher Education Amendments of 2007, the Sec2 retary, in coordination with States, institutions of 

3 higher education, early intervention and outreach 

4 programs under this title, other agencies and organi5 zations involved in student financial aid, local edu6 cational agencies, public libraries, community cen7 ters, businesses, employers, employment services, 

8 workforce investment boards, and movie theaters, 

9 shall implement a public awareness campaign in 

10 order to increase national awareness regarding the 

11 availability of financial aid under this title. The pub12 lic awareness campaign shall disseminate accurate 

13 information regarding the availability of financial 

14 aid under this title and shall be implemented, to the 

15 extent practicable, using a variety of media, includ16 ing print, television, radio and the Internet. The 

17 Secretary shall design and implement the public 

18 awareness campaign based upon relevant inde19 pendent research and the information and dissemi20 nation strategies found most effective in imple21 menting paragraphs (1) through (4). 

22 ‘‘(c) AVAILABILITY OF NONBINDING ESTIMATES OF

23 FEDERAL FINANCIAL AID ELIGIBILITY.— 

24 ‘‘(1) IN GENERAL.—The Secretary, in coopera25 tion with States, institutions of higher education, 


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1 and other agencies and organizations involved in stu2 dent financial aid, shall provide, via a printed form 

3 and the Internet or other electronic means, the capa4 bility for individuals to determine easily, by entering 

5 relevant data, nonbinding estimates of amounts of 

6 grant and loan aid an individual may be eligible for 

7 under this title upon completion and processing of 

8 an application and enrollment in an institution of 

9 higher education. 

10 ‘‘(2) DATA ELEMENTS.—The Secretary, in co11 operation with States, institutions of higher edu12 cation, and other agencies and organizations in13 volved in student financial aid, shall determine the 

14 data elements that are necessary to create a sim15 plified form that individuals can use to obtain easily 

16 nonbinding estimates of the amounts of grant and 

17 loan aid an individual may be eligible for under this 

18 title. 

19 ‘‘(3) QUALIFICATION TO USE SIMPLIFIED AP20 PLICATION.—The capability provided under this 

21 paragraph shall include the capability to determine 

22 whether the individual is eligible to submit a sim23 plified application form under paragraph (2)(B) or 

24 (3)(B) of section 483(a).’’. 


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1 SEC. 480. PROGRAM PARTICIPATION AGREEMENTS. 

2 Section 487 (20 U.S.C. 1094) is amended— 

3 (1) in subsection (a)— 

4 (A) by redesignating paragraphs (21), 

5 (22), and (23) as (24), (25), and (26), respec6 tively; 

7 (B) by inserting after paragraph (20) the 

8 following: 

9 ‘‘(21) CODE OF CONDUCT.— 

10 ‘‘(A) IN GENERAL.—The institution will 

11 establish, follow, and enforce a code of conduct 

12 regarding student loans that includes not less 

13 than the following: 

14 ‘‘(i) REVENUE SHARING PROHIBI15 TION.—The institution is prohibited from 

16 receiving anything of value from any lender 

17 in exchange for any advantage sought by 

18 the lender to make educational loans to a 

19 student enrolled, or who is expected to be 

20 enrolled, at the institution, except that an 

21 institution shall not be prohibited from re22 ceiving a philanthropic contribution from a 

23 lender if the contribution is not made in 

24 exchange for any such advantage. 

25 ‘‘(ii) GIFT AND TRIP PROHIBITION.— 

26 Any employee who is employed in the fiVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00325 Fmt 6652 Sfmt 6401 E:\BILLS\S1642.RS S1642

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1 nancial aid office of the institution, or who 

2 otherwise has responsibilities with respect 

3 to educational loans or other financial aid 

4 of the institution, is prohibited from taking 

5 from any lender any gift or trip worth 

6 more than nominal value, except for rea7 sonable expenses for professional develop8 ment that will improve the efficiency and 

9 effectiveness of programs under this title 

10 and for domestic travel to such profes11 sional development. 

12 ‘‘(iii) CONTRACTING ARRANGE13 MENTS.—Any employee who is employed in 

14 the financial aid office of the institution, or 

15 who otherwise has responsibilities with re16 spect to educational loans or other finan17 cial aid of the institution, shall be prohib18 ited from entering into any type of con19 sulting arrangement or other contract to 

20 provide services to a lender. 

21 ‘‘(iv) ADVISORY BOARD COMPENSA22 TION.—Any employee who is employed in 

23 the financial aid office of the institution, or 

24 who otherwise has responsibilities with re25 spect to educational loans or other finanVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00326 Fmt 6652 Sfmt 6401 E:\BILLS\S1642.RS S1642

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1 cial aid of the institution, and who serves 

2 on an advisory board, commission, or 

3 group established by a lender or group of 

4 lenders shall be prohibited from receiving 

5 anything of value from the lender or group 

6 of lenders, except that the employee may 

7 be reimbursed for reasonable expenses in8 curred in serving on such advisory board, 

9 commission or group. 

10 ‘‘(v) INTERACTION WITH BOR11 ROWERS.—The institution will not— 

12 ‘‘(I) for any first-time borrower, 

13 assign, through award packaging or 

14 other methods, the borrower’s loan to 

15 a particular lender; and 

16 ‘‘(II) refuse to certify, or, delay 

17 certification of, any loan in accord18 ance with paragraph (6) based on the 

19 borrower’s selection of a particular 

20 lender or guaranty agency. 

21 ‘‘(B) DESIGNATION.—The institution will 

22 designate an individual who shall be responsible 

23 for signing an annual attestation on behalf of 

24 the institution that the institution agrees to, 

25 and is in compliance with, the requirements of 


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1 the code of conduct described in this paragraph. 

2 Such individual shall be the chief executive offi3 cer, chief operating officer, chief financial offi4 cer, or comparable official, of the institution, 

5 and shall annually submit the signed attestation 

6 to the Secretary. 

7 ‘‘(C) AVAILABILITY.—The institution will 

8 make the code of conduct widely available to 

9 the institution’s faculty members, students, and 

10 parents through a variety of means, including 

11 the institution’s website.’’; 

12 (C) in paragraph (26) (as redesignated by 

13 subparagraph (A)), by adding at the end the 

14 following: 

15 ‘‘(D) In the case of a proprietary institu16 tion of higher education as defined in section 

17 102(b), the institution shall be considered in 

18 compliance with the requirements of subpara19 graph (A) for any student to whom the institu20 tion electronically transmits a message con21 taining a voter registration form acceptable for 

22 use in the State in which the institution is lo23 cated, or an Internet address where such a 

24 form can be downloaded, if such information is 


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1 in an electronic message devoted solely to voter 

2 registration.’’; and 

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

4 ‘‘(27) In the case of a proprietary institution of 

5 higher education as defined in section 102(b), the 

6 institution will, as calculated in accordance with sub7 section (h)(1), have not less than 10 percent of its 

8 revenues from sources other than funds provided 

9 under this title, or will be subject to the sanctions 

10 described in subsection (h)(2). 

11 ‘‘(28) PREFERRED LENDER LISTS.— 

12 ‘‘(A) IN GENERAL.—In the case of an in13 stitution (including an employee or agent of an 

14 institution) that maintains a preferred lender 

15 list, in print or any other medium, through 

16 which the institution recommends one or more 

17 specific lenders for loans made under part B to 

18 the students attending the institution (or the 

19 parents of such students), the institution will— 

20 ‘‘(i) clearly and fully disclose on the 

21 preferred lender list— 

22 ‘‘(I) why the institution has in23 cluded each lender as a preferred 

24 lender, especially with respect to 


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1 terms and conditions favorable to the 

2 borrower; and 

3 ‘‘(II) that the students attending 

4 the institution (or the parents of such 

5 students) do not have to borrow from 

6 a lender on the preferred lender list; 

7 ‘‘(ii) ensure, through the use of the 

8 list provided by the Secretary under sub9 paragraph (C), that— 

10 ‘‘(I) there are not less than 3 

11 lenders named on the preferred lend12 ing list that are not affiliates of each 

13 other; and 

14 ‘‘(II) the preferred lender list— 

15 ‘‘(aa) specifically indicates, 

16 for each lender on the list, 

17 whether the lender is or is not an 

18 affiliate of each other lender on 

19 the list; and 

20 ‘‘(bb) if the lender is an af21 filiate of another lender on the 

22 list, describes the specifics of 

23 such affiliation; and 

24 ‘‘(iii) establish a process to ensure 

25 that lenders are placed upon the preferred 


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1 lender list on the basis of the benefits pro2 vided to borrowers, including — 

3 ‘‘(I) highly competitive interest 

4 rates, terms, or conditions for loans 

5 made under part B; 

6 ‘‘(II) high-quality customer serv7 ice for such loans; or 

8 ‘‘(III) additional benefits beyond 

9 the standard terms and conditions for 

10 such loans. 

11 ‘‘(B) DEFINITION OF AFFILIATE; CON12 TROL.— 

13 ‘‘(i) DEFINITION OF AFFILIATE.—For 

14 the purposes of subparagraph (A)(ii) the 

15 term ‘affiliate’ means a person that con16 trols, is controlled by, or is under common 

17 control with, another person. 

18 ‘‘(ii) CONTROL.—For purposes of sub19 paragraph (A)(ii), a person has control 

20 over another person if— 

21 ‘‘(I) the person directly or indi22 rectly, or acting through 1 or more 

23 others, owns, controls, or has the 

24 power to vote 5 percent or more of 


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1 any class of voting securities of such 

2 other person; 

3 ‘‘(II) the person controls, in any 

4 manner, the election of a majority of 

5 the directors or trustees of such other 

6 person; or 

7 ‘‘(III) the Secretary determines 

8 (after notice and opportunity for a 

9 hearing) that the person directly or 

10 indirectly exercises a controlling inter11 est over the management or policies of 

12 such other person. 

13 ‘‘(C) LIST OF LENDER AFFILIATES.—The 

14 Secretary, in consultation with the Director of 

15 the Federal Deposit Insurance Corporation, 

16 shall maintain and update a list of lender affili17 ates of all eligible lenders, and shall provide 

18 such list to the eligible institutions for use in 

19 carrying out subparagraph (A).’’; 

20 (2) in subsection (c)(1)(A)(i), by inserting ‘‘, 

21 except that the Secretary may modify the require22 ments of this clause with regard to an institution 

23 outside the United States’’ before the semicolon at 

24 the end; 


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1 (3) by redesignating subsections (d) and (e) as 

2 subsection (f) and (g), respectively; 

3 (4) by inserting after subsection (c) the fol4 lowing: 

5 ‘‘(d) INSTITUTIONAL REQUIREMENTS FOR TEACH6 OUTS.— 

7 ‘‘(1) IN GENERAL.—In the event the Secretary 

8 initiates the limitation, suspension, or termination of 

9 the participation of an institution of higher edu10 cation in any program under this title under the au11 thority of subsection (c)(1)(F) or initiates an emer12 gency action under the authority of subsection 

13 (c)(1)(G) and its prescribed regulations, the Sec14 retary shall require that institution to prepare a 

15 teach-out plan for submission to the institution’s ac16 crediting agency or association in compliance with 

17 section 496(c)(4), the Secretary’s regulations on 

18 teach-out plans, and the standards of the institu19 tion’s accrediting agency or association. 

20 ‘‘(2) TEACH-OUT PLAN DEFINED.—In this sub21 section, the term ‘teach-out plan’ means a written 

22 plan that provides for the equitable treatment of stu23 dents if an institution of higher education ceases to 

24 operate before all students have completed their pro25 gram of study, and may include, if required by the 


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1 institution’s accrediting agency or association, an 

2 agreement between institutions for such a teach-out 

3 plan. 

4 ‘‘(e) VIOLATION OF CODE OF CONDUCT REGARDING

5 STUDENT LOANS.— 

6 ‘‘(1) IN GENERAL.—Upon a finding by the Sec7 retary, after reasonable notice and an opportunity 

8 for a hearing, that an institution of higher education 

9 that has entered into a program participation agree10 ment with the Secretary under subsection (a) will11 fully contravened the institution’s attestation of 

12 compliance with the provisions of subsection (a)(21), 

13 the Secretary may impose a penalty described in 

14 paragraph (2). 

15 ‘‘(2) PENALTIES.—A violation of paragraph (1) 

16 shall result in the limitation, suspension, or termi17 nation of the eligibility of the institution for the loan 

18 programs under this title.’’; and 

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

20 ‘‘(h) IMPLEMENTATION OF NONTITLE IV REVENUE

21 REQUIREMENT.— 

22 ‘‘(1) CALCULATION.—In carrying out sub23 section (a)(27), a proprietary institution of higher 

24 education (as defined in section 102(b)) shall use 

25 the cash basis of accounting and count the following 


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1 funds as from sources of funds other than funds 

2 provided under this title: 

3 ‘‘(A) Funds used by students from sources 

4 other than funds received under this title to pay 

5 tuition, fees, and other institutional charges to 

6 the institution, provided the institution can rea7 sonably demonstrate that such funds were used 

8 for such purposes. 

9 ‘‘(B) Funds used by the institution to sat10 isfy matching-fund requirements for programs 

11 under this title. 

12 ‘‘(C) Funds used by a student from sav13 ings plans for educational expenses established 

14 by or on behalf of the student and which qualify 

15 for special tax treatment under the Internal 

16 Revenue Code of 1986. 

17 ‘‘(D) Funds paid by a student, or on be18 half of a student by a party other than the in19 stitution, to the institution for an education or 

20 training program that is not eligible for funds 

21 under this title, provided that the program is 

22 approved or licensed by the appropriate State 

23 agency or an accrediting agency recognized by 

24 the Secretary. 


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1 ‘‘(E) Funds generated by the institution 

2 from institutional activities that are necessary 

3 for the education and training of the institu4 tion’s students, if such activities are— 

5 ‘‘(i) conducted on campus or at a fa6 cility under the control of the institution; 

7 ‘‘(ii) performed under the supervision 

8 of a member of the institution’s faculty; 

9 and 

10 ‘‘(iii) required to be performed by all 

11 students in a specific educational program 

12 at the institution. 

13 ‘‘(F) Institutional aid, as follows: 

14 ‘‘(i) In the case of loans made by the 

15 institution, only the amount of loan repay16 ments received by the institution during 

17 the fiscal year for which the determination 

18 is made. 

19 ‘‘(ii) In the case of scholarships pro20 vided by the institution, only those scholar21 ship funds provided by the institution that 

22 are— 

23 ‘‘(I) in the form of monetary aid 

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1 ments or financial need of students; 

2 and 

3 ‘‘(II) disbursed during the fiscal 

4 year for which the determination is 

5 made from an established restricted 

6 account and only to the extent that 

7 the funds in that account represent 

8 designated funds from an outside 

9 source or income earned on those 

10 funds. 

11 ‘‘(iii) In the case of tuition discounts, 

12 only those tuition discounts based upon the 

13 academic achievement or financial need of 

14 students. 

15 ‘‘(2) SANCTIONS.— 

16 ‘‘(A) FAILURE TO MEET REQUIREMENT

17 FOR 1 YEAR.—In addition to such other means 

18 of enforcing the requirements of this title as 

19 may be available to the Secretary, if an institu20 tion fails to meet the requirements of sub21 section (a)(27) in any year, the Secretary may 

22 impose 1 or both of the following sanctions on 

23 the institution: 

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1 tion 498(h) until the institution dem2 onstrates, to the satisfaction of the Sec3 retary, that it is in compliance with sub4 section (a)(27). 

5 ‘‘(ii) Require such other increased 

6 monitoring and reporting requirements as 

7 the Secretary determines necessary until 

8 the institution demonstrates, to the satis9 faction of the Secretary, that it is in com10 pliance with subsection (a)(27). 

11 ‘‘(B) FAILURE TO MEET REQUIREMENT

12 FOR 2 YEARS.—An institution that fails to meet 

13 the requirements of subsection (a)(27) for 2 

14 consecutive years shall be ineligible to partici15 pate in the programs authorized under this title 

16 until the institution demonstrates, to the satis17 faction of the Secretary, that it is in compliance 

18 with subsection (a)(27). 

19 ‘‘(3) PUBLIC AVAILABILITY OF INFORMATION.— 

20 The Secretary shall make publicly available, through 

21 the means described in subsection (b) of section 131, 

22 any institution that fails to meet the requirements of 

23 subsection (a)(27) in any year as an institution that 

24 is failing to meet the minimum non-Federal source 


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1 of revenue requirements of such subsection 

2 (a)(27).’’. 

3 SEC. 481. REGULATORY RELIEF AND IMPROVEMENT. 

4 Section 487A(b) (20 U.S.C. 1094a(b)) is amended— 

5 (1) in paragraph (1)— 

6 (A) by striking ‘‘1998’’ and inserting 

7 ‘‘2007’’ ; and 

8 (B) by striking ‘‘1999’’ and inserting 

9 ‘‘2008’’; 

10 (2) by striking the matter preceding paragraph 

11 (2)(A) and inserting the following: 

12 ‘‘(2) REPORT.—The Secretary shall review and 

13 evaluate the experience of institutions participating 

14 as experimental sites and shall, on a biennial basis, 

15 submit a report based on the review and evaluation 

16 to the authorizing committees. Such report shall in17 clude—’’; and 

18 (3) in paragraph (3)— 

19 (A) in subparagraph (A)— 

20 (i) by striking ‘‘Upon the submission 

21 of the report required by paragraph (2), 

22 the’’ and inserting ‘‘The’’; and 

23 (ii) by inserting ‘‘periodically’’ after 

24 ‘‘authorized to’’; 

25 (B) by striking subparagraph (B); 


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1 (C) by redesignating subparagraph (C) as 

2 subparagraph (B); and 

3 (D) in subparagraph (B) (as redesignated 

4 by subparagraph (C))— 

5 (i) by inserting ‘‘, including require6 ments related to the award process and 

7 disbursement of student financial aid (such 

8 as innovative delivery systems for modular 

9 or compressed courses, or other innovative 

10 systems), verification of student financial 

11 aid application data, entrance and exit 

12 interviews, or other management proce13 dures or processes as determined in the ne14 gotiated rulemaking process under section 

15 492’’ after ‘‘requirements in this title’’; 

16 (ii) by inserting ‘‘(other than an 

17 award rule related to an experiment in 

18 modular or compressed schedules)’’ after 

19 ‘‘award rules’’; and 

20 (iii) by inserting ‘‘unless the waiver of 

21 such provisions is authorized by another 

22 provision under this title’’ before the pe23 riod at the end. 


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1 SEC. 482. TRANSFER OF ALLOTMENTS. 

2 Section 488 (20 U.S.C. 1095) is amended in the first 

3 sentence— 

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

5 the semicolon; 

6 (2) in paragraph (2), by striking ‘‘413D.’’ and 

7 inserting ‘‘413D; and’’; and 

8 (3) by adding at the end ‘‘(3) transfer 25 per9 cent of the institution’s allotment under section 

10 413D to the institution’s allotment under section 

11 442.’’. 

12 SEC. 483. PURPOSE OF ADMINISTRATIVE PAYMENTS. 

13 Section 489(b) (20 U.S.C. 1096(b)) is amended by 

14 striking ‘‘offsetting the administrative costs of’’ and in15 serting ‘‘administering’’. 

16 SEC. 484. ADVISORY COMMITTEE ON STUDENT FINANCIAL 

17 ASSISTANCE. 

18 Section 491 (20 U.S.C. 1098) is amended— 

19 (1) in subsection (a)(2)— 

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

21 ‘‘and’’ after the semicolon; 

22 (B) in subparagraph (C), by striking the 

23 period and inserting a semicolon; and 

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

25 ‘‘(D) to provide knowledge and under26 standing of early intervention programs, and to 


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1 make recommendations that will result in early 

2 awareness by low- and moderate-income stu3 dents and families— 

4 ‘‘(i) of their eligibility for assistance 

5 under this title; and 

6 ‘‘(ii) to the extent practicable, of their 

7 eligibility for other forms of State and in8 stitutional need-based student assistance; 

9 and 

10 ‘‘(E) to make recommendations that will 

11 expand and improve partnerships among the 

12 Federal Government, States, institutions of 

13 higher education, and private entities to in14 crease the awareness and the total amount of 

15 need-based student assistance available to low16 and moderate-income students.’’; 

17 (2) in subsection (c), by adding at the end the 

18 following: 

19 ‘‘(3) The appointment of a member under subpara20 graph (A) or (B) of paragraph (1) shall be effective upon 

21 confirmation of the member by the Senate and publication 

22 of such appointment in the Congressional Record.’’; 

23 (3) in subsection (d)(6), by striking ‘‘, but 

24 nothing’’ and all that follows through ‘‘or analyses’’; 

25 (4) in subsection (j)— 


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1 (A) in paragraph (1)— 

2 (i) by inserting ‘‘and simplification’’ 

3 after ‘‘modernization’’ each place the term 

4 appears; and 

5 (ii) by striking ‘‘including’’ and all 

6 that follows through ‘‘Department,’’; and 

7 (B) by striking paragraphs (4) and (5) and 

8 inserting the following: 

9 ‘‘(4) conduct a review and analysis of regula10 tions in accordance with subsection (l); and 

11 ‘‘(5) conduct a study in accordance with sub12 section (m).’’; 

13 (5) in subsection (k), by striking ‘‘2004’’ and 

14 inserting ‘‘2013’’; and 

15 (6) by adding at the end the following: 

16 ‘‘(l) REVIEW AND ANALYSIS OF REGULATIONS.— 

17 ‘‘(1) RECOMMENDATIONS.—The Advisory Com18 mittee shall make recommendations to the Secretary 

19 and Congress for consideration of future legislative 

20 action regarding redundant or outdated regulations 

21 under this title, consistent with the Secretary’s re22 quirements under section 498B. 

23 ‘‘(2) REVIEW AND ANALYSIS OF REGULA24 TIONS.—The Advisory Committee shall conduct a re25 view and analysis of the regulations issued under 


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1 this title that are in effect at the time of the review 

2 and that apply to the operations or activities of par3 ticipants in the programs assisted under this title. 

4 The review and analysis may include a determina5 tion of whether the regulation is duplicative, is no 

6 longer necessary, is inconsistent with other Federal 

7 requirements, or is overly burdensome. In con8 ducting the review, the Advisory Committee shall 

9 pay specific attention to evaluating ways in which 

10 regulations under this title affecting institutions of 

11 higher education (other than institutions described 

12 in section 102(a)(1)(C)), that have received in each 

13 of the 2 most recent award years prior to the date 

14 of enactment of the Higher Education Amendments 

15 of 2007 less than $200,000 in funds through this 

16 title, may be improved, streamlined, or eliminated. 

17 ‘‘(3) CONSULTATION.— 

18 ‘‘(A) IN GENERAL.—In carrying out the 

19 review and analysis under paragraph (2), the 

20 Advisory Committee shall consult with the Sec21 retary, relevant representatives of institutions 

22 of higher education, and individuals who have 

23 expertise and experience with the regulations 

24 issued under this title, in accordance with sub25 paragraph (B). 


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1 ‘‘(B) REVIEW PANELS.—The Advisory 

2 Committee shall convene not less than 2 review 

3 panels of representatives of the groups involved 

4 in student financial assistance programs under 

5 this title who have experience and expertise in 

6 the regulations issued under this title to review 

7 the regulations under this title, and to provide 

8 recommendations to the Advisory Committee 

9 with respect to the review and analysis under 

10 paragraph (2). The panels shall be made up of 

11 experts in areas such as the operations of the 

12 financial assistance programs, the institutional 

13 eligibility requirements for the financial assist14 ance programs, regulations not directly related 

15 to the operations or the institutional eligibility 

16 requirements of the financial assistance pro17 grams, and regulations for dissemination of in18 formation to students about the financial assist19 ance programs. 

20 ‘‘(4) REPORTS TO CONGRESS.—The Advisory 

21 Committee shall submit, not later than 2 years after 

22 the completion of the negotiated rulemaking process 

23 required under section 492 resulting from the 

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1 izing committees and the Secretary detailing the ex2 pert panels’ findings and recommendations with re3 spect to the review and analysis under paragraph 

4 (2). 

5 ‘‘(5) ADDITIONAL SUPPORT.—The Secretary 

6 and the Inspector General of the Department shall 

7 provide such assistance and resources to the Advi8 sory Committee as the Secretary and Inspector Gen9 eral determine are necessary to conduct the review 

10 required by this subsection. 

11 ‘‘(m) STUDY OF INNOVATIVE PATHWAYS TO BACCA12 LAUREATE DEGREE ATTAINMENT.— 

13 ‘‘(1) STUDY REQUIRED.—The Advisory Com14 mittee shall conduct a study of the feasibility of in15 creasing baccalaureate degree attainment rates by 

16 reducing the costs and financial barriers to attaining 

17 a baccalaureate degree through innovative programs. 

18 ‘‘(2) SCOPE OF STUDY.—The Advisory Com19 mittee shall examine new and existing programs that 

20 promote baccalaureate degree attainment through 

21 innovative ways, such as dual or concurrent enroll22 ment programs, changes made to the Federal Pell 

23 Grant program, simplification of the needs analysis 

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1 stitutions of higher education to offer baccalaureate 

2 degrees. 

3 ‘‘(3) REQUIRED ASPECTS OF THE STUDY.—In 

4 performing the study described in this subsection, 

5 the Advisory Committee shall examine the following 

6 aspects of such innovative programs: 

7 ‘‘(A) The impact of such programs on bac8 calaureate attainment rates. 

9 ‘‘(B) The degree to which a student’s total 

10 cost of attaining a baccalaureate degree can be 

11 reduced by such programs. 

12 ‘‘(C) The ways in which low- and mod13 erate-income students can be specifically tar14 geted by such programs. 

15 ‘‘(D) The ways in which nontraditional 

16 students can be specifically targeted by such 

17 programs. 

18 ‘‘(E) The cost-effectiveness for the Federal 

19 Government, States, and institutions of higher 

20 education to implement such programs. 

21 ‘‘(4) CONSULTATION.— 

22 ‘‘(A) IN GENERAL.—In performing the 

23 study described in this subsection the Advisory 

24 Committee shall consult with a broad range of 

25 interested parties in higher education, including 


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1 parents, students, appropriate representatives 

2 of secondary schools and institutions of higher 

3 education, appropriate State administrators, ad4 ministrators of dual or concurrent enrollment 

5 programs, and appropriate Department offi6 cials. 

7 ‘‘(B) CONGRESSIONAL CONSULTATION.— 

8 The Advisory Committee shall consult on a reg9 ular basis with the authorizing committees in 

10 carrying out the study required by this section. 

11 ‘‘(5) REPORTS TO CONGRESS.— 

12 ‘‘(A) INTERIM REPORT.—The Advisory 

13 Committee shall prepare and submit to the au14 thorizing committees and the Secretary an in15 terim report, not later than 1 year after the 

16 date of enactment of the Higher Education 

17 Amendments of 2007, describing the progress 

18 that has been made in conducting the study re19 quired by this subsection and any preliminary 

20 findings on the topics identified under para21 graph (2). 

22 ‘‘(B) FINAL REPORT.—The Advisory Com23 mittee shall, not later than 3 years after the 

24 date of enactment of the Higher Education 

25 Amendments of 2007, prepare and submit to 


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1 the authorizing committees and the Secretary a 

2 final report on the study, including rec3 ommendations for legislative, regulatory, and 

4 administrative changes based on findings re5 lated to the topics identified under paragraph 

6 (2).’’. 

7 SEC. 485. REGIONAL MEETINGS. 

8 Section 492(a)(1) (20 U.S.C. 1098a(a)(1)) is amend9 ed by inserting ‘‘State student grant agencies,’’ after ‘‘in10 stitutions of higher education,’’. 

11 SEC. 486. YEAR 2000 REQUIREMENTS AT THE DEPARTMENT. 

12 (a) REPEAL.—Section 493A (20 U.S.C. 1098c) is re13 pealed. 

14 (b) REDESIGNATION.—Section 493B (20 U.S.C. 

15 1098d) is redesignated as section 493A. 

16 PART G—PROGRAM INTEGRITY 

17 SEC. 491. RECOGNITION OF ACCREDITING AGENCY OR AS18 SOCIATION. 

19 Section 496 (20 U.S.C. 1099b) is amended— 

20 (1) in subsection (a)— 

21 (A) by striking paragraph (4) and insert22 ing the following: 

23 ‘‘(4)(A) such agency or association consistently 

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1 cluding religious missions, and that ensure that the 

2 courses or programs of instruction, training, or 

3 study offered by the institution of higher education, 

4 including distance education courses or programs, 

5 are of sufficient quality to achieve, for the duration 

6 of the accreditation period, the stated objective for 

7 which the courses or the programs are offered; and 

8 ‘‘(B) if such agency or association has or seeks 

9 to include within its scope of recognition the evalua10 tion of the quality of institutions or programs offer11 ing distance education, such agency or association 

12 shall, in addition to meeting the other requirements 

13 of this subpart, demonstrate to the Secretary that— 

14 ‘‘(i) the agency or association’s standards 

15 effectively address the quality of an institution’s 

16 distance education in the areas identified in sec17 tion 496(a)(5), except that the agency or asso18 ciation shall not be required to have separate 

19 standards, procedures or policies for the evalua20 tion of distance education institutions or pro21 grams in order to meet the requirements of this 

22 subparagraph; and 

23 ‘‘(ii) the agency or association requires an 

24 institution that offers distance education to 

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1 tablishes that the student who registers in a 

2 distance education course or program is the 

3 same student who participates in and completes 

4 the program and receives the academic credit;’’; 

5 (B) in paragraph (5), by striking subpara6 graph (A) and inserting the following: 

7 ‘‘(A) success with respect to student 

8 achievement in relation to the institution’s mis9 sion, which may include different standards for 

10 different institutions or programs, through the 

11 determination of expected levels of student out12 comes that are established by the institution, 

13 and which use empirical evidence, and as appro14 priate, external indicators, with respect to cri15 teria regarding— 

16 ‘‘(i) student retention rates; 

17 ‘‘(ii) course completion rates; 

18 ‘‘(iii) program completion and gradua19 tion rates; 

20 ‘‘(iv) for prebaccalaureate career and 

21 technical education programs, degree pro22 grams leading to initial professional licen23 sure or certification, and other programs 

24 as appropriate— 


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1 ‘‘(I) results on State licensing ex2 aminations; and 

3 ‘‘(II) job placement rates; 

4 ‘‘(v) as appropriate, enrollment in 

5 graduate or professional programs; and 

6 ‘‘(vi) as appropriate, other student 

7 performance information selected by the 

8 institution, particularly information— 

9 ‘‘(I) used by the institution to 

10 evaluate or strengthen the institu11 tion’s programs; and 

12 ‘‘(II) that reflects the institu13 tion’s individual mission and the insti14 tution’s distinctive goals for stu15 dents;’’; 

16 (C) by striking paragraph (6) and insert17 ing the following: 

18 ‘‘(6) such an agency or association shall estab19 lish and apply review procedures throughout the ac20 crediting process, including evaluation and with21 drawal proceedings which comply with due process 

22 procedures that provide for— 

23 ‘‘(A) adequate specification of require24 ments and deficiencies at the institution of 

25 higher education or program examined; 


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1 ‘‘(B) an opportunity for a written response 

2 by any such institution to be included, prior to 

3 final action, in the evaluation and withdrawal 

4 proceedings; 

5 ‘‘(C) upon the written request of an insti6 tution, an opportunity for the institution to ap7 peal any adverse action, including denial, with8 drawal, suspension, or termination of accredita9 tion, or placement on probation of an institu10 tion, at a hearing prior to such action becoming 

11 final, before an appeals panel that— 

12 ‘‘(i) shall not include current members 

13 of the agency or association’s underlying 

14 decision-making body that made the ad15 verse decision; and 

16 ‘‘(ii) is subject to a conflict of interest 

17 policy; and 

18 ‘‘(D) the right to representation by counsel 

19 for such an institution during an appeal of the 

20 adverse action;’’; and 

21 (D) by striking paragraph (8) and insert22 ing the following: 

23 ‘‘(8) such agency or association shall make 

24 available to the public and the State licensing or au25 thorizing agency, and submit to the Secretary, a 


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1 summary of agency or association actions, includ2 ing— 

3 ‘‘(A) the award of accreditation or re4 accreditation of an institution; 

5 ‘‘(B) final denial, withdrawal, suspension, 

6 or termination of accreditation, or placement on 

7 probation of an institution, and any findings 

8 made in connection with the action taken, to9 gether with the official comments of the af10 fected institution; and 

11 ‘‘(C) any other adverse action taken with 

12 respect to an institution.’’; 

13 (2) in subsection (c)— 

14 (A) in paragraph (1), by inserting ‘‘, in15 cluding those regarding distance education’’ 

16 after ‘‘their responsibilities’’; 

17 (B) by redesignating paragraphs (2) 

18 through (6) as paragraphs (5) through (9); 

19 (C) by inserting after paragraph (1) (as 

20 amended by subparagraph (A)) the following: 

21 ‘‘(2) ensures that the agency or association’s 

22 on-site evaluation for accreditation or reaccreditation 

23 includes review of the Federally required information 

24 the institution or program provides its current and 

25 prospective students; 


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1 ‘‘(3) monitors the growth of programs at insti2 tutions that are experiencing significant enrollment 

3 growth; 

4 ‘‘(4) requires an institution to submit a teach5 out plan for approval to the accrediting agency upon 

6 the occurrence of any of the following events: 

7 ‘‘(A) The Department notifies the accred8 iting agency of an action against the institution 

9 pursuant to section 487(d). 

10 ‘‘(B) The accrediting agency acts to with11 draw, terminate, or suspend the accreditation of 

12 an institution. 

13 ‘‘(C) The institution notifies the accred14 iting agency that the institution intends to 

15 cease operations.’’; 

16 (D) in paragraph (8) (as redesignated by 

17 subparagraph (B)), by striking ‘‘and’’ after the 

18 semicolon; 

19 (E) in subparagraph (9) (as redesignated 

20 by subparagraph (B)), by striking the period 

21 and inserting ‘‘; and’’; and 

22 (F) by adding at the end the following: 

23 ‘‘(10) confirms, as a part of the agency or asso24 ciation’s review for accreditation or reaccreditation, 

25 that the institution has transfer of credit policies— 


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1 ‘‘(A) that are publicly disclosed; and 

2 ‘‘(B) that do not deny transfer of credit 

3 based solely on the accreditation of the sending 

4 institution, if the agency or association accred5 iting the sending institution is recognized by 

6 the Secretary pursuant to this section.’’; and 

7 (3) in subsection (g), by adding at the end the 

8 following: ‘‘Nothing in this section shall be construed 

9 to permit the Secretary to establish any criteria that 

10 specifies, defines, or prescribes the standards that 

11 accrediting agencies or associations shall use to as12 sess any institution’s success with respect to student 

13 achievement, beyond the standards and criteria es14 tablished under subsection (a)(5).’’. 

15 SEC. 492. ADMINISTRATIVE CAPACITY STANDARD. 

16 Section 498 (20 U.S.C. 1099c) is amended— 

17 (1) in subsection (d)(1)(B), by inserting ‘‘and’’ 

18 after the semicolon; and 

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

20 ‘‘(k) TREATMENT OF TEACH-OUTS AT ADDITIONAL

21 LOCATIONS.— 

22 ‘‘(1) IN GENERAL.—A location of a closed insti23 tution of higher education shall be eligible as an ad24 ditional location of an eligible institution of higher 

25 education, as defined pursuant to regulations of the 


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1 Secretary, for the purposes of a teach-out, if such 

2 teach-out has been approved by the institution’s ac3 crediting agency. 

4 ‘‘(2) SPECIAL RULE.—An institution of higher 

5 education that conducts a teach-out through the es6 tablishment of an additional location described in 

7 paragraph (1) shall be permitted to establish a per8 manent additional location at a closed institution 

9 and shall not be required— 

10 ‘‘(A) to meet the requirements of sections 

11 102(b)(1)(E) and 102(c)(1)(C) for such addi12 tional location; or 

13 ‘‘(B) to assume the liabilities of the closed 

14 institution.’’. 

15 SEC. 493. PROGRAM REVIEW AND DATA. 

16 Section 498A(b) (20 U.S.C. 1099c–1(b)) is amend17 ed— 

18 (1) in paragraph (4), by striking ‘‘and’’ after 

19 the semicolon; 

20 (2) in paragraph (5) by striking the period and 

21 inserting a semicolon; and 

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

23 ‘‘(6) provide to an institution of higher edu24 cation an adequate opportunity to review and re25 spond to any program review report and relevant 


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1 materials related to the report before any final pro2 gram review report is issued; 

3 ‘‘(7) review and take into consideration an in4 stitution of higher education’s response in any final 

5 program review report or audit determination, and 

6 include in the report or determination— 

7 ‘‘(A) a written statement addressing the 

8 institution of higher education’s response; 

9 ‘‘(B) a written statement of the basis for 

10 such report or determination; and 

11 ‘‘(C) a copy of the institution’s response; 

12 and 

13 ‘‘(8) maintain and preserve at all times the con14 fidentiality of any program review report until the 

15 requirements of paragraphs (6) and (7) are met, and 

16 until a final program review is issued, other than to 

17 the extent required to comply with paragraph (5), 

18 except that the Secretary shall promptly disclose any 

19 and all program review reports to the institution of 

20 higher education under review.’’. 

21 SEC. 494. TIMELY INFORMATION ABOUT LOANS. 

22 (a) IN GENERAL.—Title IV (20 U.S.C. 1070 et seq.) 

23 is further amended by adding at the end the following: 


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1 ‘‘SEC. 499. ACCESS TO TIMELY INFORMATION ABOUT 

2 LOANS. 

3 ‘‘(a) REGULAR BILL PROVIDING PERTINENT INFOR4 MATION ABOUT A LOAN.—A lender of a loan made, in5 sured, or guaranteed under this title shall provide the bor6 rower of such loan a bill each month or, in the case of 

7 a loan payable less frequently than monthly, a bill that 

8 corresponds to each payment installment time period, in9 cluding a clear and conspicuous notice of— 

10 ‘‘(1) the borrower’s principal borrowed; 

11 ‘‘(2) the borrower’s current balance; 

12 ‘‘(3) the interest rate on such loan; 

13 ‘‘(4) the amount the borrower has paid in inter14 est; 

15 ‘‘(5) the amount of additional interest payments 

16 the borrower is expected to pay over the life of the 

17 loan; 

18 ‘‘(6) the total amount the borrower has paid for 

19 the loan, including the amount the borrower has 

20 paid in interest, the amount the borrower has paid 

21 in fees, and the amount the borrower has paid 

22 against the balance, in a brief, borrower-friendly 

23 manner; 

24 ‘‘(7) a description of each fee the borrower has 

25 been charged for the current payment period; 


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1 ‘‘(8) the date by which the borrower needs to 

2 make a payment in order to avoid additional fees; 

3 ‘‘(9) the amount of such payment that will be 

4 applied to the interest, the balance, and any fees on 

5 the loan; and 

6 ‘‘(10) the lender’s address and toll-free phone 

7 number for payment and billing error purposes. 

8 ‘‘(b) INFORMATION PROVIDED BEFORE COMMENCE9 MENT OF REPAYMENT.—A lender of a loan made, insured, 

10 or guaranteed under this title shall provide to the borrower 

11 of such loan, at least one month before the loan enters 

12 repayment, a clear and conspicuous notice of not less than 

13 the following information: 

14 ‘‘(1) The borrower’s options, including repay15 ment plans, deferments, forbearances, and discharge 

16 options to which the borrower may be entitled. 

17 ‘‘(2) The conditions under which a borrower 

18 may be charged any fee, and the amount of such fee. 

19 ‘‘(3) The conditions under which a loan may de20 fault, and the consequences of default. 

21 ‘‘(4) Resources, including nonprofit organiza22 tions, advocates, and counselors (including the Office 

23 of the Ombudsman at the Department), where bor24 rowers can receive advice and assistance, if such re25 sources exist. 


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1 ‘‘(c) INFORMATION PROVIDED DURING DELIN2 QUENCY.—In addition to any other information required 

3 under law, a lender of a loan made, insured, or guaranteed 

4 under this title shall provide a borrower in delinquency 

5 with a clear and conspicuous notice of the date on which 

6 the loan will default if no payment is made, the minimum 

7 payment that must be made to avoid default, discharge 

8 options to which the borrower may be entitled, resources, 

9 including nonprofit organizations, advocates, and coun10 selors (including the Office of the Ombudsman at the De11 partment), where borrowers can receive advice and assist12 ance, if such resources exist. 

13 ‘‘(d) INFORMATION PROVIDED DURING DEFAULT.— 

14 A lender of a loan made, insured, or guaranteed under 

15 this title shall provide a borrower in default, on not less 

16 than 2 separate occasions, with a clear and conspicuous 

17 notice of not less than the following information: 

18 ‘‘(1) The options available to the borrower to be 

19 removed from default. 

20 ‘‘(2) The relevant fees and conditions associated 

21 with each option.’’. 

22 SEC. 495. AUCTION EVALUATION AND REPORT. 

23 (a) EVALUATION.—If Congress enacts an Act that 

24 authorizes the Secretary of Education to carry out a pilot 

25 program under which the Secretary establishes a mechaVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00361 Fmt 6652 Sfmt 6401 E:\BILLS\S1642.RS S1642

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1 nism for an auction of Federal PLUS Loans, then the 

2 Comptroller General shall evaluate such pilot program. 

3 The evaluation shall determine— 

4 (1) the extent of the savings to the Federal 

5 Government that are generated through the pilot 

6 program, compared to the cost the Federal Govern7 ment would have incurred in operating the parent 

8 loan program under section 428B of the Higher 

9 Education Act of 1965 in the absence of the pilot 

10 program; 

11 (2) the number of lenders that participated in 

12 the pilot program, and the extent to which the pilot 

13 program generated competition among lenders to 

14 participate in the auctions under the pilot program; 

15 (3) the effect of the transition to and operation 

16 of the pilot program on the ability of— 

17 (A) lenders participating in the pilot pro18 gram to originate loans made through the pilot 

19 program smoothly and efficiently; 

20 (B) institutions of higher education partici21 pating in the pilot program to disburse loans 

22 made through the pilot program smoothly and 

23 efficiently; and 


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1 (C) the ability of parents to obtain loans 

2 made through the pilot program in a timely and 

3 efficient manner; 

4 (4) the differential impact, if any, of the auc5 tion among the States, including between rural and 

6 non-rural States; and 

7 (5) the feasibility of using the mechanism pi8 loted to operate other loan programs under part B 

9 of the title IV of the Higher Education Act of 1965. 

10 (b) REPORTS.—The Comptroller General shall— 

11 (1) not later than September 1, 2010, submit 

12 to the authorizing committees (as defined in section 

13 103 of the Higher Education Act of 1965 (20 

14 U.S.C. 1003)) a preliminary report regarding the 

15 findings of the evaluation described in subsection 

16 (a); 

17 (2) not later than September 1, 2012, submit 

18 to the authorizing committees an interim report re19 garding such findings; and 

20 (3) not later than September 1, 2014, submit 

21 to the authorizing committees a final report regard22 ing such findings. 


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1 TITLE V—DEVELOPING 

2 INSTITUTIONS 

3 SEC. 501. AUTHORIZED ACTIVITIES. 

4 Section 503(b) (20 U.S.C. 1101b(b)) is amended— 

5 (1) by redesignating paragraphs (6) through 

6 (14) as paragraphs (8) through (16), respectively; 

7 (2) in paragraph (5), by inserting ‘‘, including 

8 innovative, customized remedial education and 

9 English language instruction courses designed to 

10 help retain students and move the students rapidly 

11 into core courses and through program completion’’ 

12 before the period at the end; 

13 (3) by inserting after paragraph (5) the fol14 lowing: 

15 ‘‘(6) Education or counseling services designed 

16 to improve the financial literacy and economic lit17 eracy of students or the students’ parents. 

18 ‘‘(7) Articulation agreements and student sup19 port programs designed to facilitate the transfer 

20 from 2-year to 4-year institutions.’’; and 

21 (4) in paragraph (12) (as redesignated by para22 graph (1)), by striking ‘‘distance learning academic 

23 instruction capabilities’’ and inserting ‘‘distance edu24 cation technologies’’. 


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1 SEC. 502. POSTBACCALAUREATE OPPORTUNITIES FOR HIS2 PANIC AMERICANS. 

3 (a) ESTABLISHMENT OF PROGRAM.—Title V (20 

4 U.S.C. 1101 et seq.) is amended— 

5 (1) by redesignating part B as part C; 

6 (2) by redesignating sections 511 through 518 

7 as sections 521 through 528, respectively; and 

8 (3) by inserting after section 505 the following: 

9 ‘‘PART B—PROMOTING POSTBACCALAUREATE 

10 OPPORTUNITIES FOR HISPANIC AMERICANS 

11 ‘‘SEC. 511. PROGRAM AUTHORITY AND ELIGIBILITY. 

12 ‘‘(a) PROGRAM AUTHORIZED.—Subject to the avail13 ability of funds appropriated to carry out this part, the 

14 Secretary shall award grants, on a competitive basis, to 

15 eligible institutions to enable the eligible institutions to 

16 carry out the authorized activities described in section 

17 512. 

18 ‘‘(b) ELIGIBILITY.—For the purposes of this part, an 

19 ‘eligible institution’ means an institution of higher edu20 cation that— 

21 ‘‘(1) is a Hispanic-serving institution (as de22 fined in section 502); and 

23 ‘‘(2) offers a postbaccalaureate certificate or de24 gree granting program. 


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1 ‘‘SEC. 512. AUTHORIZED ACTIVITIES. 

2 ‘‘Grants awarded under this part shall be used for 

3 1 or more of the following activities: 

4 ‘‘(1) Purchase, rental, or lease of scientific or 

5 laboratory equipment for educational purposes, in6 cluding instructional and research purposes. 

7 ‘‘(2) Construction, maintenance, renovation, 

8 and improvement in classroom, library, laboratory, 

9 and other instructional facilities, including purchase 

10 or rental of telecommunications technology equip11 ment or services. 

12 ‘‘(3) Purchase of library books, periodicals, 

13 technical and other scientific journals, microfilm, 

14 microfiche, and other educational materials, includ15 ing telecommunications program materials. 

16 ‘‘(4) Support for needy postbaccalaureate stu17 dents, including outreach, academic support services, 

18 mentoring, scholarships, fellowships, and other fi19 nancial assistance, to permit the enrollment of such 

20 students in postbaccalaureate certificate and degree 

21 granting programs. 

22 ‘‘(5) Support of faculty exchanges, faculty de23 velopment, faculty research, curriculum development, 

24 and academic instruction. 

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1 ing purchase or rental of telecommunications tech2 nology equipment or services. 

3 ‘‘(7) Collaboration with other institutions of 

4 higher education to expand postbaccalaureate certifi5 cate and degree offerings. 

6 ‘‘(8) Other activities proposed in the application 

7 submitted pursuant to section 513 that are approved 

8 by the Secretary as part of the review and accept9 ance of such application. 

10 ‘‘SEC. 513. APPLICATION AND DURATION. 

11 ‘‘(a) APPLICATION.—Any eligible institution may 

12 apply for a grant under this part by submitting an applica13 tion to the Secretary at such time and in such manner 

14 as the Secretary may require. Such application shall dem15 onstrate how the grant funds will be used to improve 

16 postbaccalaureate education opportunities for Hispanic 

17 and low-income students and will lead to such students’ 

18 greater financial independence. 

19 ‘‘(b) DURATION.—Grants under this part shall be 

20 awarded for a period not to exceed 5 years. 

21 ‘‘(c) LIMITATION.—The Secretary may not award 

22 more than 1 grant under this part in any fiscal year to 

23 any Hispanic-serving institution.’’. 


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1 SEC. 503. APPLICATIONS. 

2 Section 521(b)(1)(A) (as redesignated by section 

3 502(a)(2)) (20 U.S.C. 1103(b)(1)(A)) is amended by 

4 striking ‘‘subsection (b)’’ and inserting ‘‘subsection (c)’’. 

5 SEC. 504. COOPERATIVE ARRANGEMENTS. 

6 Section 524(a) (as redesignated by section 502(a)(2)) 

7 (20 U.S.C. 1103c(a)) is amended by striking ‘‘section 

8 503’’ and inserting ‘‘sections 503 and 512’’. 

9 SEC. 505. AUTHORIZATION OF APPROPRIATIONS. 

10 Section 528(a) (as redesignated by section 502(a)(2)) 

11 (20 U.S.C. 1103g(a)) is amended— 

12 (1) by inserting ‘‘part A of’’ after ‘‘carry out’’; 

13 (2) by striking ‘‘$62,500,000 for fiscal year 

14 1999’’ and all that follows through the period and 

15 inserting ‘‘such sums as may be necessary for fiscal 

16 year 2008 and each of the 5 succeeding fiscal 

17 years.’’; 

18 (3) by striking ‘‘(a) AUTHORIZATIONS.—’’ and 

19 inserting the following: 

20 ‘‘(a) AUTHORIZATIONS.— 

21 ‘‘(1) PART A.—There are’’; and 

22 (4) by adding at the end the following: 

23 ‘‘(2) PART B.—There are authorized to be ap24 propriated to carry out part B of this title such 

25 sums as may be necessary for fiscal year 2008 and 

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


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1 TITLE VI—INTERNATIONAL 

2 EDUCATION PROGRAMS 

3 SEC. 601. FINDINGS. 

4 Section 601 (20 U.S.C. 1121) is amended— 

5 (1) in the section heading, by striking ‘‘AND

6 PURPOSES’’ and inserting ‘‘; PURPOSES; CON7 SULTATION; SURVEY’’; 

8 (2) in subsection (a)(3), by striking ‘‘post-Cold 

9 War’’; 

10 (3) in subsection (b)(1)(D), by inserting ‘‘, in11 cluding through linkages with overseas institutions’’ 

12 before the semicolon; and 

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

14 ‘‘(c) CONSULTATION.—The Secretary shall, prior to 

15 requesting applications for funding under this title during 

16 each grant cycle, consult with and receive recommenda17 tions regarding national need for expertise in foreign lan18 guages and world regions from the head officials of a wide 

19 range of Federal agencies. Such agencies shall provide in20 formation to the Secretary regarding how the agencies uti21 lize expertise and resources provided by grantees under 

22 this title. The Secretary shall take into account such rec23 ommendations and information when requesting applica24 tions for funding under this title, and shall make available 


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1 to applicants a list of areas identified as areas of national 

2 need. 

3 ‘‘(d) SURVEY.—The Secretary shall assist grantees in 

4 developing a survey to administer to students who have 

5 participated in programs under this title to determine 

6 postgraduation placement. All grantees, where applicable, 

7 shall administer such survey not less often than annually 

8 and report such data to the Secretary.’’. 

9 SEC. 602. GRADUATE AND UNDERGRADUATE LANGUAGE 

10 AND AREA CENTERS AND PROGRAMS. 

11 Section 602 (20 U.S.C. 1122) is amended— 

12 (1) in subsection (a)— 

13 (A) in paragraph (2)— 

14 (i) in subparagraph (G), by striking 

15 ‘‘and’’ after the semicolon; 

16 (ii) in subparagraph (H), by striking 

17 the period and inserting ‘‘; and’’; and 

18 (iii) by adding at the end the fol19 lowing: 

20 ‘‘(I) support for instructors of the less 

21 commonly taught languages.’’; and 

22 (B) in paragraph (4)— 

23 (i) by redesignating subparagraphs 

24 (C) through (E) as subparagraphs (D) 

25 through (F), respectively; 


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1 (ii) by inserting after subparagraph 

2 (B) the following: 

3 ‘‘(C) Programs of linkage or outreach be4 tween or among— 

5 ‘‘(i) foreign language, area studies, or 

6 other international fields; and 

7 ‘‘(ii) State educational agencies or 

8 local educational agencies.’’; 

9 (iii) in subparagraph (D) (as redesig10 nated by clause (i)) by inserting ‘‘, includ11 ing Federal or State scholarship programs 

12 for students in related areas’’ before the 

13 period at the end; and 

14 (iv) in subparagraph (F) (as redesig15 nated by clause (i)), by striking ‘‘and (D)’’ 

16 and inserting ‘‘(D), and (E)’’; 

17 (2) in subsection (b)— 

18 (A) in the subsection heading, by striking 

19 ‘‘GRADUATE’’; and 

20 (B) by striking paragraph (2) and insert21 ing the following: 

22 ‘‘(2) ELIGIBLE STUDENTS.—A student receiv23 ing a stipend described in paragraph (1) shall be en24 gaged— 


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1 ‘‘(A) in an instructional program with stat2 ed performance goals for functional foreign lan3 guage use or in a program developing such per4 formance goals, in combination with area stud5 ies, international studies, or the international 

6 aspects of a professional studies program; and 

7 ‘‘(B)(i) in the case of an undergraduate 

8 student, in the intermediate or advanced study 

9 of a less commonly taught language; or 

10 ‘‘(ii) in the case of a graduate student, in 

11 graduate study in connection with a program 

12 described in subparagraph (A), including— 

13 ‘‘(I) predissertation level study; 

14 ‘‘(II) preparation for dissertation re15 search; 

16 ‘‘(III) dissertation research abroad; or 

17 ‘‘(IV) dissertation writing.’’; 

18 (3) by striking subsection (d) and inserting the 

19 following: 

20 ‘‘(d) ALLOWANCES.— 

21 ‘‘(1) GRADUATE LEVEL RECIPIENTS.—A sti22 pend awarded to a graduate level recipient may in23 clude allowances for dependents and for travel for 

24 research and study in the United States and abroad. 


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1 ‘‘(2) UNDERGRADUATE LEVEL RECIPIENTS.—A 

2 stipend awarded to an undergraduate level recipient 

3 may include an allowance for educational programs 

4 in the United States or educational programs abroad 

5 that— 

6 ‘‘(A) are closely linked to the overall goals 

7 of the recipient’s course of study; and 

8 ‘‘(B) have the purpose of promoting for9 eign language fluency and knowledge of foreign 

10 cultures.’’; and 

11 (4) by adding at the end the following: 

12 ‘‘(e) APPLICATION.—Each institution or combination 

13 of institutions desiring a grant under this section shall 

14 submit an application to the Secretary at such time, in 

15 such manner, and accompanied by such information and 

16 assurances as the Secretary may require. Each application 

17 shall include an explanation of how the activities funded 

18 by the grant will reflect diverse perspectives and a wide 

19 range of views and generate debate on world regions and 

20 international affairs. Each application shall also describe 

21 how the applicant will address disputes regarding whether 

22 activities funded under the application reflect diverse per23 spectives and a wide range of views. Each application shall 

24 also include a description of how the applicant will encour25 age government service in areas of national need, as idenVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00373 Fmt 6652 Sfmt 6401 E:\BILLS\S1642.RS S1642

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1 tified by the Secretary, as well as in needs in the edu2 cation, business, and nonprofit sectors.’’. 

3 SEC. 603. UNDERGRADUATE INTERNATIONAL STUDIES AND 

4 FOREIGN LANGUAGE PROGRAMS. 

5 Section 604 (20 U.S.C. 1124) is amended— 

6 (1) in subsection (a)— 

7 (A) in paragraph (2)— 

8 (i) by redesignating subparagraphs (I) 

9 through (M) as subparagraphs (J) through 

10 (N), respectively; and 

11 (ii) by inserting after subparagraph 

12 (H) the following: 

13 ‘‘(I) providing subgrants to undergraduate 

14 students for educational programs abroad 

15 that— 

16 ‘‘(i) are closely linked to the overall 

17 goals of the program for which the grant 

18 is awarded; and 

19 ‘‘(ii) have the purpose of promoting 

20 foreign language fluency and knowledge of 

21 foreign cultures;’’; and 

22 (B) in paragraph (7)— 

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

24 ‘‘and’’ after the semicolon; 


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1 (ii) in subparagraph (D), by striking 

2 the period at the end and inserting a semi3 colon; and 

4 (iii) by adding at the end the fol5 lowing: 

6 ‘‘(E) a description of how the applicant 

7 will provide information to students regarding 

8 federally funded scholarship programs in re9 lated areas; 

10 ‘‘(F) an explanation of how the activities 

11 funded by the grant will reflect diverse perspec12 tives and a wide range of views and generate 

13 debate on world regions and international af14 fairs, where applicable; 

15 ‘‘(G) a description of how the applicant 

16 will address disputes regarding whether the ac17 tivities funded under the application reflect di18 verse perspectives and a wide range of views; 

19 and 

20 ‘‘(H) a description of how the applicant 

21 will encourage service in areas of national need 

22 as identified by the Secretary.’’; and 

23 (2) in subsection (c)— 


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1 (A) by striking ‘‘FUNDING SUPPORT.—The 

2 Secretary’’ and inserting ‘‘FUNDING SUP3 PORT.— 

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

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

6 and 

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

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

9 funds awarded to a grantee under this section, the 

10 grantee may use not more than 10 percent of such 

11 funds for the activity described in subsection 

12 (a)(2)(I).’’. 

13 SEC. 604. RESEARCH; STUDIES. 

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

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

16 the semicolon; 

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

18 inserting a semicolon; and 

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

20 ‘‘(10) evaluation of the extent to which pro21 grams assisted under this title reflect diverse per22 spectives and a wide range of views and generate de23 bate on world regions and international affairs; 


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

2 dissemination of data that contribute to achieving 

3 the purposes of this part; and 

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

5 make data collected, analyzed, or disseminated under 

6 this section publicly available and easy to under7 stand.’’. 

8 SEC. 605. TECHNOLOGICAL INNOVATION AND COOPERA9 TION FOR FOREIGN INFORMATION ACCESS. 

10 Section 606 (20 U.S.C. 1126) is amended— 

11 (1) in subsection (a)— 

12 (A) by striking ‘‘new electronic tech13 nologies’’ and inserting ‘‘electronic tech14 nologies’’; 

15 (B) by inserting ‘‘from foreign sources’’ 

16 after ‘‘disseminate information’’; 

17 (C) in the subsection heading, by striking 

18 ‘‘AUTHORITY.—The Secretary’’ and inserting 

19 ‘‘AUTHORITY.— 

20 ‘‘(1) IN GENERAL.—The Secretary’’; and 

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

22 ‘‘(2) PARTNERSHIPS WITH NOT-FOR-PROFIT

23 EDUCATIONAL ORGANIZATIONS.—The Secretary may 

24 award grants under this section to carry out the acVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00377 Fmt 6652 Sfmt 6401 E:\BILLS\S1642.RS S1642

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1 tivities authorized under this section to the fol2 lowing: 

3 ‘‘(A) An institution of higher education. 

4 ‘‘(B) A public or nonprofit private library. 

5 ‘‘(C) A consortium of an institution of 

6 higher education and 1 or more of the fol7 lowing: 

8 ‘‘(i) Another institution of higher edu9 cation. 

10 ‘‘(ii) A library. 

11 ‘‘(iii) A not-for-profit educational or12 ganization.’’; 

13 (2) in subsection (b)— 

14 (A) in paragraph (1), by striking ‘‘to facili15 tate access to’’ and inserting ‘‘to acquire, facili16 tate access to,’’; 

17 (B) in paragraph (2), by inserting ‘‘or 

18 standards for’’ after ‘‘means of’’; 

19 (C) in paragraph (6), by striking ‘‘and’’ 

20 after the semicolon; 

21 (D) in paragraph (7), by striking the pe22 riod and inserting a semicolon; and 

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


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1 ‘‘(8) to establish linkages to facilitate carrying 

2 out the activities described in this subsection be3 tween— 

4 ‘‘(A) the institutions of higher education, 

5 libraries, and consortia receiving grants under 

6 this section; and 

7 ‘‘(B) institutions of higher education, not8 for-profit educational organizations, and librar9 ies overseas; and 

10 ‘‘(9) to carry out other activities that the Sec11 retary determines are consistent with the purpose of 

12 the grants or contracts awarded under this section.’’; 

13 and 

14 (3) in subsection (c), by striking ‘‘institution or 

15 consortium’’ and inserting ‘‘institution of higher 

16 education, library, or consortium’’. 

17 SEC. 606. SELECTION OF CERTAIN GRANT RECIPIENTS. 

18 Section 607 (20 U.S.C. 1127) is amended— 

19 (1) in subsection (a), by striking ‘‘evaluates the 

20 applications for comprehensive and undergraduate 

21 language and area centers and programs.’’ and in22 serting ‘‘evaluates— 

23 ‘‘(1) the applications for comprehensive foreign 

24 language and area or international studies centers 

25 and programs; and 


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1 ‘‘(2) the applications for undergraduate foreign 

2 language and area or international studies centers 

3 and programs.’’; and 

4 (2) in subsection (b), by adding at the end the 

5 following: ‘‘The Secretary shall also consider an ap6 plicant’s record of placing students into service in 

7 areas of national need and an applicant’s stated ef8 forts to increase the number of such students that 

9 go into such service.’’. 

10 SEC. 607. AMERICAN OVERSEAS RESEARCH CENTERS. 

11 Section 609 (20 U.S.C. 1128a) is amended by adding 

12 at the end the following: 

13 ‘‘(e) APPLICATION.—Each center desiring a grant 

14 under this section shall submit an application to the Sec15 retary at such time, in such manner, and accompanied by 

16 such information and assurances as the Secretary may re17 quire.’’. 

18 SEC. 608. AUTHORIZATION OF APPROPRIATIONS FOR 

19 INTERNATIONAL AND FOREIGN LANGUAGE 

20 STUDIES. 

21 Section 610 (20 U.S.C. 1128b) is amended by strik22 ing ‘‘$80,000,000 for fiscal year 1999’’ and all that fol23 lows through the period and inserting ‘‘such sums as may 

24 be necessary for fiscal year 2008 and each of the 5 suc25 ceeding fiscal years.’’. 


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1 SEC. 609. CENTERS FOR INTERNATIONAL BUSINESS EDU2 CATION. 

3 Section 612(f)(3) (20 U.S.C. 1130–1(f)(3)) is 

4 amended by inserting ‘‘, and that diverse perspectives will 

5 be made available to students in programs under this sec6 tion’’ before the semicolon. 

7 SEC. 610. EDUCATION AND TRAINING PROGRAMS. 

8 Section 613(c) (20 U.S.C. 1130a(c)) is amended by 

9 adding at the end the following: ‘‘Each such application 

10 shall include an assurance that, where applicable, the ac11 tivities funded by the grant will reflect diverse perspectives 

12 and a wide range of views on world regions and inter13 national affairs.’’. 

14 SEC. 611. AUTHORIZATION OF APPROPRIATIONS FOR BUSI15 NESS AND INTERNATIONAL EDUCATION PRO16 GRAMS. 

17 Section 614 (20 U.S.C. 1130b) is amended— 

18 (1) in subsection (a), by striking ‘‘$11,000,000 

19 for fiscal year 1999’’ and all that follows through 

20 ‘‘fiscal years’’ and inserting ‘‘such sums as may be 

21 necessary for fiscal year 2008 and each of the 5 suc22 ceeding fiscal years’’; and 

23 (2) in subsection (b), by striking ‘‘$7,000,000 

24 for fiscal year 1999’’ and all that follows through 

25 ‘‘fiscal years,’’ and inserting ‘‘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. 612. MINORITY FOREIGN SERVICE PROFESSIONAL DE4 VELOPMENT PROGRAM. 

5 Section 621 (20 U.S.C. 1131) is amended— 

6 (1) in subsection (c), by adding at the end the 

7 following: ‘‘Each application shall include a descrip8 tion of how the activities funded by the grant will re9 flect diverse perspectives and a wide range of views 

10 on world regions and international affairs, where ap11 plicable.’’; and 

12 (2) in subsection (e)— 

13 (A) by striking ‘‘MATCH REQUIRED.—The 

14 eligible’’ and inserting ‘‘MATCHING FUNDS.— 

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

16 the eligible’’; and 

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

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

19 requirement of paragraph (1) for an eligible recipi20 ent if the Secretary determines such waiver is appro21 priate.’’. 

22 SEC. 613. INSTITUTIONAL DEVELOPMENT. 

23 Section 622 (20 U.S.C. 1131–1) is amended— 

24 (1) in subsection (a)— 


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1 (A) by striking ‘‘Tribally Controlled Col2 leges or Universities’’ and inserting ‘‘tribally 

3 controlled colleges or universities’’; and 

4 (B) by striking ‘‘international affairs pro5 grams.’’ and inserting ‘‘international affairs, 

6 international business, and foreign language 

7 study programs, including the teaching of for8 eign languages, at such colleges, universities, 

9 and institutions, respectively, which may include 

10 collaboration with institutions of higher edu11 cation that receive funding under this title.’’; 

12 and 

13 (2) in subsection (c)— 

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

15 (B) by redesignating paragraphs (2) and 

16 (4) as paragraphs (1) and (2), respectively; and 

17 (C) in paragraph (1) (as redesignated by 

18 subparagraph (B)), by inserting ‘‘and’’ after 

19 the semicolon. 

20 SEC. 614. STUDY ABROAD PROGRAM. 

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

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

23 this Act’’; and 

24 (2) by striking ‘‘tribally controlled Indian com25 munity colleges as defined in the Tribally Controlled 


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1 Community College Assistance Act of 1978’’ and in2 serting ‘‘tribally controlled colleges or universities’’. 

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

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

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

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

9 exceptional circumstances, a doctoral degree,’’ after 

10 ‘‘masters degree’’; 

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

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

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

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

15 SEC. 616. INTERNSHIPS. 

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

17 (1) in subsection (a)— 

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

19 of this Act’’; 

20 (B) by striking ‘‘tribally controlled Indian 

21 community colleges as defined in the Tribally 

22 Controlled Community College Assistance Act 

23 of 1978’’ and inserting ‘‘tribally controlled col24 leges or universities’’; 


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1 (C) by striking ‘‘an international’’ and in2 serting ‘‘international,’’; and 

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

5 of State’’; and 

6 (2) in subsection (c)(1)— 

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

8 ‘‘and’’ after the semicolon; 

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

10 and’’ and inserting a period; and 

11 (C) by striking subparagraph (G). 

12 SEC. 617. FINANCIAL ASSISTANCE. 

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

14 amended— 

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

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

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

18 ‘‘SEC. 626. FINANCIAL ASSISTANCE. 

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

21 in subsection (b) and Ralph Bunche scholarship assistance 

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

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

25 ‘‘(b) SUMMER STIPENDS.— 


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

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

4 a summer institute program funded under this part, 

5 including the costs of travel, living, and educational 

6 expenses necessary for the student’s participation in 

7 such program. 

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

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

10 per summer. 

11 ‘‘(c) RALPH BUNCHE SCHOLARSHIP.— 

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

13 Ralph Bunche scholarship under this section— 

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

16 into a program funded under this part; and 

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

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

20 education in which the student is enrolled. 

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

22 Bunche scholarship awarded to a student under this 

23 section shall not exceed $5,000 per academic year.’’. 


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1 SEC. 618. REPORT. 

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

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

5 SEC. 619. GIFTS AND DONATIONS. 

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

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

10 SEC. 620. AUTHORIZATION OF APPROPRIATIONS FOR THE 

11 INSTITUTE FOR INTERNATIONAL PUBLIC 

12 POLICY. 

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

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

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

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

17 year 2008 and each of the 5 succeeding fiscal years.’’. 

18 SEC. 621. DEFINITIONS. 

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

20 (1) by striking paragraph (7); 

21 (2) by redesignating paragraphs (2), (3), (4), 

22 (5), (6), (8), and (9), as paragraphs (7), (4), (8), 

23 (2), (10), (6), and (3), respectively; 

24 (3) in paragraph (2), as redesignated by para25 graph (2), by striking ‘‘comprehensive language and 


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1 area center’’ and inserting ‘‘comprehensive foreign 

2 language and area or international studies center’’; 

3 (4) in paragraph (3), as redesignated by para4 graph (2), by striking the period at the end and in5 serting a semicolon; 

6 (5) by inserting after paragraph (4), as redesig7 nated by paragraph (2), the following: 

8 ‘‘(5) the term ‘historically Black college and 

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

10 institution’ in section 322;’’; 

11 (6) in paragraph (6), as redesignated by para12 graph (2), by striking ‘‘and’’ after the semicolon; 

13 (7) by inserting after paragraph (8), as redesig14 nated by paragraph (2), the following: 

15 ‘‘(9) the term ‘tribally controlled college or uni16 versity’ has the meaning given the term in section 

17 2 of the Tribally Controlled College or University 

18 Assistance Act of 1978 (25 U.S.C. 1801); and’’; and 

19 (8) in paragraph (10), as redesignated by para20 graph (2), by striking ‘‘undergraduate language and 

21 area center’’ and inserting ‘‘undergraduate foreign 

22 language and area or international studies center’’. 

23 SEC. 622. ASSESSMENT AND ENFORCEMENT. 

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

25 adding at the end the following: 


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1 ‘‘SEC. 632. ASSESSMENT; ENFORCEMENT; RULE OF CON2 STRUCTION. 

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

4 assess and ensure compliance with all the conditions and 

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

6 regarding activities funded under this title is not resolved 

7 under the process outlined in the relevant grantee’s appli8 cation, such complaint shall be filed with the Department 

9 and reviewed by the Secretary. The Secretary shall take 

10 the review of such complaints into account when deter11 mining the renewal of grants. 

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

13 shall be construed to authorize the Secretary to mandate, 

14 direct, or control an institution of higher education’s spe15 cific instructional content, curriculum, or program of in16 struction. 

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

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

19 the funds made available under this title to carry out pro20 gram evaluation, national outreach, and information dis21 semination activities relating to the programs authorized 

22 under this title. 

23 ‘‘SEC. 634. BIENNIAL REPORT. 

24 ‘‘The Secretary shall, in consultation and collabora25 tion with the Secretary of State, the Secretary of Defense, 

26 and the heads of other relevant Federal agencies, submit 


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1 a biennial report that identifies areas of national need in 

2 foreign language, area, and international studies as such 

3 studies relate to government, education, business, and 

4 nonprofit needs, and a plan to address those needs. The 

5 report shall be provided to the authorizing committees and 

6 made available to the public.’’. 

7 TITLE VII—GRADUATE AND 

8 POSTSECONDARY IMPROVE9 MENT PROGRAMS 

10 SEC. 701. PURPOSE. 

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

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

13 United States national and homeland security needs such 

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

15 semicolon at the end. 

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

17 Section 702(a)(1) (20 U.S.C. 1134a(a)(1)) is amend18 ed to read as follows: 

19 ‘‘(1) APPOINTMENT.— 

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

21 appoint a Jacob K. Javits Fellows Program 

22 Fellowship Board (referred to in this subpart as 

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1 tions of higher education who are especially 

2 qualified to serve on the Board. 

3 ‘‘(B) QUALIFICATIONS.—In making ap4 pointments under subparagraph (A), the Sec5 retary shall— 

6 ‘‘(i) give due consideration to the ap7 pointment of individuals who are highly re8 spected in the academic community; 

9 ‘‘(ii) assure that individuals appointed 

10 to the Board are broadly representative of 

11 a range of disciplines in graduate edu12 cation in arts, humanities, and social 

13 sciences; 

14 ‘‘(iii) appoint members to represent 

15 the various geographic regions of the 

16 United States; and 

17 ‘‘(iv) include representatives from mi18 nority institutions, as defined in section 

19 365.’’. 

20 SEC. 703. STIPENDS. 

21 Section 703(a) (20 U.S.C. 1134b(a)) is amended by 

22 striking ‘‘graduate fellowships’’ and inserting ‘‘Graduate 

23 Research Fellowship Program’’. 


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1 SEC. 704. AUTHORIZATION OF APPROPRIATIONS FOR THE 

2 JACOB K. JAVITS FELLOWSHIP PROGRAM. 

3 Section 705 (20 U.S.C. 1134d) is amended by strik4 ing ‘‘$30,000,000 for fiscal year 1999’’ and all that fol5 lows through the period and inserting ‘‘such sums as may 

6 be necessary for fiscal year 2008 and each of the 5 suc7 ceeding fiscal years to carry out this subpart.’’. 

8 SEC. 705. INSTITUTIONAL ELIGIBILITY UNDER THE GRAD9 UATE ASSISTANCE IN AREAS OF NATIONAL 

10 NEED PROGRAM. 

11 Section 712(b) (20 U.S.C. 1135a(b)) is amended to 

12 read as follows: 

13 ‘‘(b) DESIGNATION OF AREAS OF NATIONAL

14 NEED.—After consultation with appropriate Federal and 

15 nonprofit agencies and organizations, including the Na16 tional Science Foundation, the Department of Defense, 

17 the Department of Homeland Security, the National Acad18 emy of Sciences, and the Bureau of Labor Statistics, the 

19 Secretary shall designate areas of national need. In mak20 ing such designations, the Secretary shall take into consid21 eration— 

22 ‘‘(1) the extent to which the interest in the area 

23 is compelling; 

24 ‘‘(2) the extent to which other Federal pro25 grams support postbaccalaureate study in the area 

26 concerned; 


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1 ‘‘(3) an assessment of how the program may 

2 achieve the most significant impact with available re3 sources; and 

4 ‘‘(4) an assessment of current and future pro5 fessional workforce needs of the United States.’’. 

6 SEC. 706. AWARDS TO GRADUATE STUDENTS. 

7 Section 714 (20 U.S.C. 1135c) is amended— 

8 (1) in subsection (b)— 

9 (A) by striking ‘‘1999–2000’’ and inserting 

10 ‘‘2008–2009’’; and 

11 (B) by striking ‘‘graduate fellowships’’ and 

12 inserting ‘‘Graduate Research Fellowship Pro13 gram’’; and 

14 (2) in subsection (c)— 

15 (A) by striking ‘‘716(a)’’ and inserting 

16 ‘‘715(a)’’; and 

17 (B) by striking ‘‘714(b)(2)’’ and inserting 

18 ‘‘713(b)(2)’’. 

19 SEC. 707. ADDITIONAL ASSISTANCE FOR COST OF EDU20 CATION. 

21 Section 715(a)(1) (20 U.S.C. 1135d(a)(1)) is amend22 ed— 

23 (1) by striking ‘‘1999–2000’’ and inserting 

24 ‘‘2008–2009’’; and 


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1 (2) by striking ‘‘1998–1999’’ and inserting 

2 ‘‘2007–2008’’. 

3 SEC. 708. AUTHORIZATION OF APPROPRIATIONS FOR THE 

4 GRADUATE ASSISTANCE IN AREAS OF NA5 TIONAL NEED PROGRAM. 

6 Section 716 (20 U.S.C. 1135e) is amended by strik7 ing ‘‘$35,000,000 for fiscal year 1999’’ and all that fol8 lows through the period and inserting ‘‘such sums as may 

9 be necessary for fiscal year 2008 and each of the 5 suc10 ceeding fiscal years to carry out this subpart.’’. 

11 SEC. 709. LEGAL EDUCATIONAL OPPORTUNITY PROGRAM. 

12 Section 721 (20 U.S.C. 1136) is amended— 

13 (1) in subsection (a)— 

14 (A) by inserting ‘‘secondary school and’’ 

15 after ‘‘disadvantaged’’; and 

16 (B) by inserting ‘‘and admission to law 

17 practice’’ before the period at the end; 

18 (2) in the matter preceding paragraph (1) of 

19 subsection (b), by inserting ‘‘secondary school stu20 dent or’’ before ‘‘college student’’; 

21 (3) in subsection (c)— 

22 (A) in paragraph (1), by inserting ‘‘sec23 ondary school and’’ before ‘‘college students’’; 

24 (B) by striking paragraph (2) and insert25 ing the following: 


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1 ‘‘(2) to prepare such students for successful 

2 completion of a baccalaureate degree and for study 

3 at accredited law schools, and to assist them with 

4 the development of analytical skills, writing skills, 

5 and study methods to enhance the students’ success 

6 and promote the students’ admission to and comple7 tion of law school;’’; 

8 (C) in paragraph (4), by striking ‘‘and’’ 

9 after the semicolon; 

10 (D) by striking paragraph (5) and insert11 ing the following: 

12 ‘‘(4) to motivate and prepare such students— 

13 ‘‘(A) with respect to law school studies and 

14 practice in low-income communities; and 

15 ‘‘(B) to provide legal services to low-in16 come individuals and families; and;’’; and 

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

18 ‘‘(6) to award Thurgood Marshall Fellowships 

19 to eligible law school students— 

20 ‘‘(A) who participated in summer institutes 

21 under subsection (d)(6) and who are enrolled in 

22 an accredited law school; or 

23 ‘‘(B) who have successfully completed sum24 mer institute programs comparable to the sum25 mer institutes under subsection (d) that are 


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1 certified by the Council on Legal Education Op2 portunity.’’; 

3 (4) in subsection (d)— 

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

5 by inserting ‘‘pre-college programs, under6 graduate’’ before ‘‘pre-law’’; 

7 (B) in paragraph (1)— 

8 (i) in subparagraph (B), by inserting 

9 ‘‘law school’’ before ‘‘graduation’’; and 

10 (ii) by striking subparagraph (D) and 

11 inserting the following: 

12 ‘‘(D) pre-college and undergraduate pre13 paratory courses in analytical and writing skills, 

14 study methods, and curriculum selection;’’; 

15 (C) by redesignating paragraphs (2) 

16 through (6) as paragraphs (3) through (7), re17 spectively; 

18 (D) by inserting after paragraph (1) the 

19 following: 

20 ‘‘(2) summer academic programs for secondary 

21 school students who have expressed interest in a ca22 reer in the law;’’; and 

23 (E) in paragraph (7) (as redesignated by 

24 subparagraph (C)), by inserting ‘‘and Associ25 ates’’ after ‘‘Thurgood Marshall Fellows’’; 


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1 (5) in subsection (e)(1), by inserting ‘‘, includ2 ing before and during undergraduate study’’ before 

3 the semicolon; 

4 (6) in subsection (f)— 

5 (A) by inserting ‘‘national and State bar 

6 associations,’’ after ‘‘agencies and organiza7 tions,’’; and 

8 (B) by striking ‘‘and organizations.’’ and 

9 inserting ‘‘organizations, and associations.’’; 

10 (7) by striking subsection (g) and inserting the 

11 following: 

12 ‘‘(g) FELLOWSHIPS AND STIPENDS.—The Secretary 

13 shall annually establish the maximum fellowship to be 

14 awarded, and stipend to be paid (including allowances for 

15 participant travel and for the travel of the dependents of 

16 the participant), to Thurgood Marshall Fellows or Associ17 ates for the period of participation in summer institutes, 

18 midyear seminars, and bar preparation seminars. A Fellow 

19 or Associate may be eligible for such a fellowship or sti20 pend only if the Thurgood Marshall Fellow or Associate 

21 maintains satisfactory academic progress toward the Juris 

22 Doctor or Bachelor of Laws degree, as determined by the 

23 respective institutions (except with respect to a law school 

24 graduate enrolled in a bar preparation course).’’; and 


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1 (8) in subsection (h), by striking ‘‘$5,000,000 

2 for fiscal year 1999’’ and all that follows through 

3 the period at the end and inserting ‘‘such sums as 

4 may be necessary for fiscal year 2008 and for each 

5 of the 5 succeeding fiscal years’’. 

6 SEC. 710. FUND FOR THE IMPROVEMENT OF POSTSEC7 ONDARY EDUCATION. 

8 Section 741 (20 U.S.C. 1138) is amended— 

9 (1) in subsection (a)— 

10 (A) by striking paragraph (3) and insert11 ing the following: 

12 ‘‘(3) the establishment and continuation of in13 stitutions, programs, consortia, collaborations, and 

14 other joint efforts based on the technology of com15 munications, including those efforts that utilize dis16 tance education and technological advancements to 

17 educate and train postsecondary students (including 

18 health professionals serving medically underserved 

19 populations);’’; 

20 (B) in paragraph (7), by striking ‘‘and’’ 

21 after the semicolon; 

22 (C) in paragraph (8), by striking the pe23 riod at the end and inserting a semicolon; and 

24 (D) by adding at the end the following: 


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1 ‘‘(9) the introduction of reforms in remedial 

2 education, including English language instruction, to 

3 customize remedial courses to student goals and help 

4 students progress rapidly from remedial courses into 

5 core courses and through program completion; and 

6 ‘‘(10) the creation of consortia that join diverse 

7 institutions of higher education to design and offer 

8 curricular and co-curricular interdisciplinary pro9 grams at the undergraduate and graduate levels, 

10 sustained for not less than a 5 year period, that— 

11 ‘‘(A) focus on poverty and human capa12 bility; and 

13 ‘‘(B) include— 

14 ‘‘(i) a service-learning component; and 

15 ‘‘(ii) the delivery of educational serv16 ices through informational resource cen17 ters, summer institutes, midyear seminars, 

18 and other educational activities that stress 

19 the effects of poverty and how poverty can 

20 be alleviated through different career 

21 paths.’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(c) PROJECT GRAD.— 

24 ‘‘(1) PURPOSES.—The purposes of this sub25 section are— 


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1 ‘‘(A) to provide support and assistance to 

2 programs implementing integrated education re3 form services in order to improve secondary 

4 school graduation, college attendance, and col5 lege completion rates for at-risk students; and 

6 ‘‘(B) to promote the establishment of new 

7 programs to implement such integrated edu8 cation reform services. 

9 ‘‘(2) DEFINITIONS.—In this subsection: 

10 ‘‘(A) AT-RISK.—The term ‘at-risk’ has the 

11 same meaning given such term in section 1432 

12 of the Elementary and Secondary Education 

13 Act of 1965. 

14 ‘‘(B) FEEDER PATTERN.—The term ‘feed15 er pattern’ means a secondary school and the 

16 elementary schools and middle schools that 

17 channel students into that secondary school. 

18 ‘‘(3) GRANT AUTHORIZED.—The Secretary is 

19 authorized to award a grant to Project GRAD USA 

20 (referred to in this subsection as the ‘grantee’), a 

21 nonprofit educational organization that has as its 

22 primary purpose the improvement of secondary 

23 school graduation, college attendance, and college 

24 completion rates for at-risk students, to implement 

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1 gram at existing Project GRAD sites, and to pro2 mote the expansion of the Project GRAD program 

3 to new sites. 

4 ‘‘(4) REQUIREMENTS OF GRANT AGREEMENT.— 

5 The Secretary shall enter into an agreement with 

6 the grantee that requires that the grantee shall— 

7 ‘‘(A) enter into subcontracts with nonprofit 

8 educational organizations that serve a substan9 tial number or percentage of at-risk students 

10 (referred to in this subsection as ‘subcontrac11 tors’), under which the subcontractors agree to 

12 implement the Project GRAD program and pro13 vide matching funds for such programs; and 

14 ‘‘(B) directly carry out— 

15 ‘‘(i) activities to implement and sus16 tain the literacy, mathematics, classroom 

17 management, social service, and college ac18 cess components of the Project GRAD pro19 gram; 

20 ‘‘(ii) activities for the purpose of im21 plementing new Project GRAD program 

22 sites; 

23 ‘‘(iii) activities to support, evaluate, 

24 and consistently improve the Project 

25 GRAD program; 


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1 ‘‘(iv) activities for the purpose of pro2 moting greater public awareness of inte3 grated education reform services to im4 prove secondary school graduation, college 

5 attendance, and college completion rates 

6 for at-risk students; and 

7 ‘‘(v) other activities directly related to 

8 improving secondary school graduation, 

9 college attendance, and college completion 

10 rates for at-risk students. 

11 ‘‘(5) GRANTEE CONTRIBUTION AND MATCHING

12 REQUIREMENT.— 

13 ‘‘(A) IN GENERAL.—The grantee shall pro14 vide funds to each subcontractor based on the 

15 number of students served by the subcontractor 

16 in the Project GRAD program, adjusted to take 

17 into consideration— 

18 ‘‘(i) the resources available in the area 

19 where the subcontractor will implement the 

20 Project GRAD program; and 

21 ‘‘(ii) the need for the Project GRAD 

22 program in such area to improve student 

23 outcomes, including reading and mathe24 matics achievement and, where applicable, 


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1 secondary school graduation, college at2 tendance, and college completion rates. 

3 ‘‘(B) MATCHING REQUIREMENT.—Each 

4 subcontractor shall provide funds for the 

5 Project GRAD program in an amount that is 

6 equal to or greater than the amount received by 

7 the subcontractor from the grantee. Such 

8 matching funds may be provided in cash or in9 kind, fairly evaluated. 

10 ‘‘(6) EVALUATION.—The Secretary shall select 

11 an independent entity to evaluate, every 3 years, the 

12 performance of students who participate in a Project 

13 GRAD program under this subsection. 

14 ‘‘(d) CENTER FOR BEST PRACTICES TO SUPPORT

15 SINGLE PARENT STUDENTS.— 

16 ‘‘(1) PROGRAM AUTHORIZED.—The Secretary is 

17 authorized to award 1 grant or contract to an insti18 tution of higher education to enable such institution 

19 to establish and maintain a center to study and de20 velop best practices for institutions of higher edu21 cation to support single parents who are also stu22 dents attending such institutions. 

23 ‘‘(2) INSTITUTION REQUIREMENTS.—The Sec24 retary shall award the grant or contract under this 

25 subsection to a 4-year institution of higher education 


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1 that has demonstrated expertise in the development 

2 of programs to assist single parents who are stu3 dents at institutions of higher education, as shown 

4 by the institution’s development of a variety of tar5 geted services to such students, including on-campus 

6 housing, child care, counseling, advising, internship 

7 opportunities, financial aid, and financial aid coun8 seling and assistance. 

9 ‘‘(3) CENTER ACTIVITIES.—The center funded 

10 under this section shall— 

11 ‘‘(A) assist institutions implementing inno12 vative programs that support single parents 

13 pursuing higher education; 

14 ‘‘(B) study and develop an evaluation pro15 tocol for such programs that includes quan16 titative and qualitative methodologies; 

17 ‘‘(C) provide appropriate technical assist18 ance regarding the replication, evaluation, and 

19 continuous improvement of such programs; and 

20 ‘‘(D) develop and disseminate best prac21 tices for such programs. 

22 ‘‘(e) UNDERSTANDING THE FEDERAL REGULATORY

23 IMPACT ON HIGHER EDUCATION.— 

24 ‘‘(1) PURPOSE.—The purpose of this subsection 

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1 stand the regulatory impact of the Federal Govern2 ment on such institutions, in order to raise aware3 ness of institutional legal obligations and provide in4 formation to improve compliance with, and to reduce 

5 the duplication and inefficiency of, Federal regula6 tions. 

7 ‘‘(2) PROGRAM AUTHORIZED.—The Secretary is 

8 authorized to award 1 grant or contract to an insti9 tution of higher education to enable the institution 

10 to carry out the activities described in the agreement 

11 under paragraph (4). 

12 ‘‘(3) INSTITUTION REQUIREMENTS.—The Sec13 retary shall award the grant or contract under this 

14 subsection to an institution of higher education that 

15 has demonstrated expertise in— 

16 ‘‘(A) reviewing Federal higher education 

17 regulations; 

18 ‘‘(B) maintaining a clearinghouse of com19 pliance training materials; and 

20 ‘‘(C) explaining the impact of such regula21 tions to institutions of higher education through 

22 a comprehensive and freely accessible website. 

23 ‘‘(4) REQUIREMENTS OF AGREEMENT.—As a 

24 condition of receiving a grant or contract under this 

25 subsection, the institution of higher education shall 


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1 enter into an agreement with the Secretary that 

2 shall require the institution to— 

3 ‘‘(A) monitor Federal regulations, includ4 ing notices of proposed rulemaking, for their 

5 impact or potential impact on higher education; 

6 ‘‘(B) provide a succinct description of each 

7 regulation or proposed regulation that is rel8 evant to higher education; and 

9 ‘‘(C) maintain a website providing informa10 tion on Federal regulations that is easy to use, 

11 searchable, and updated regularly.’’. 

12 SEC. 711. SPECIAL PROJECTS. 

13 Section 744(c) (20 U.S.C. 1138c) is amended to read 

14 as follows: 

15 ‘‘(c) AREAS OF NATIONAL NEED.—Areas of national 

16 need shall include, at a minimum, the following: 

17 ‘‘(1) Institutional restructuring to improve 

18 learning and promote productivity, efficiency, quality 

19 improvement, and cost and price control. 

20 ‘‘(2) Improvements in academic instruction and 

21 student learning, including efforts designed to assess 

22 the learning gains made by postsecondary students. 

23 ‘‘(3) Articulation between 2- and 4-year institu24 tions of higher education, including developing inno25 vative methods for ensuring the successful transfer 


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1 of students from 2- to 4-year institutions of higher 

2 education. 

3 ‘‘(4) Development, evaluation and dissemination 

4 of model programs, including model core curricula 

5 that— 

6 ‘‘(A) provide students with a broad and in7 tegrated knowledge base; 

8 ‘‘(B) include, at a minimum, broad survey 

9 courses in English literature, American and 

10 world history, American political institutions, 

11 economics, philosophy, college-level mathe12 matics, and the natural sciences; and 

13 ‘‘(C) include sufficient study of a foreign 

14 language to lead to reading and writing com15 petency in the foreign language. 

16 ‘‘(5) International cooperation and student ex17 changes among postsecondary educational institu18 tions.’’. 

19 SEC. 712. AUTHORIZATION OF APPROPRIATIONS FOR THE 

20 FUND FOR THE IMPROVEMENT OF POSTSEC21 ONDARY EDUCATION. 

22 Section 745 (20 U.S.C. 1138d) is amended by strik23 ing ‘‘$30,000,000 for fiscal year 1999’’ and all that fol24 lows through the period and inserting ‘‘such sums as may 


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1 be necessary for fiscal year 2008 and each of the 5 suc2 ceeding fiscal years.’’. 

3 SEC. 713. REPEAL OF THE URBAN COMMUNITY SERVICE 

4 PROGRAM. 

5 Part C of title VII (20 U.S.C. 1139 et seq.) is re6 pealed. 

7 SEC. 714. GRANTS FOR STUDENTS WITH DISABILITIES. 

8 (a) GRANTS AUTHORIZED FOR DEMONSTRATION

9 PROJECTS TO ENSURE STUDENTS WITH DISABILITIES

10 RECEIVE A QUALITY HIGHER EDUCATION.—Section 762 

11 (20 U.S.C. 1140a) is amended— 

12 (1) in subsection (b)— 

13 (A) in paragraph (2)— 

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

15 ‘‘to teach students with disabilities’’ and 

16 inserting ‘‘to teach and meet the academic 

17 and programmatic needs of students with 

18 disabilities in order to improve retention 

19 and completion of postsecondary edu20 cation’’; 

21 (ii) by redesignating subparagraphs 

22 (B) and (C) as subparagraphs (C) and 

23 (F), respectively; 

24 (iii) by inserting after subparagraph 

25 (A) the following: 


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1 ‘‘(B) EFFECTIVE TRANSITION PRAC2 TICES.—The development of innovative and ef3 fective teaching methods and strategies to en4 sure the successful transition of students with 

5 disabilities from secondary school to postsec6 ondary education.’’; 

7 (iv) in subparagraph (C), as redesig8 nated by clause (ii), by striking the period 

9 at the end and inserting ‘‘, including data 

10 on the postsecondary education of and im11 pact on subsequent employment of stu12 dents with disabilities. Such research, in13 formation, and data shall be made publicly 

14 available and accessible.’’; 

15 (v) by inserting after subparagraph 

16 (C), as redesignated by clause (ii), the fol17 lowing: 

18 ‘‘(D) DISTANCE LEARNING.—The develop19 ment of innovative and effective teaching meth20 ods and strategies to provide faculty and ad21 ministrators with the ability to provide acces22 sible distance education programs or classes 

23 that would enhance access of students with dis24 abilities to higher education, including the use 


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1 of accessible curriculum and electronic commu2 nication for instruction and advisement. 

3 ‘‘(E) DISABILITY CAREER PATHWAYS.— 

4 ‘‘(i) IN GENERAL.—Training and pro5 viding support to secondary and postsec6 ondary staff with respect to disability-re7 lated fields to— 

8 ‘‘(I) encourage interest and par9 ticipation in such fields, among stu10 dents with disabilities and other stu11 dents; 

12 ‘‘(II) enhance awareness and un13 derstanding of such fields among such 

14 students; 

15 ‘‘(III) provide educational oppor16 tunities in such fields among such 

17 students; 

18 ‘‘(IV) teach practical skills re19 lated to such fields among such stu20 dents; and 

21 ‘‘(V) offer work-based opportuni22 ties in such fields among such stu23 dents. 

24 ‘‘(ii) DEVELOPMENT.—The training 

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1 clude developing means to offer students 

2 credit-bearing, college-level coursework, 

3 and career and educational counseling.’’; 

4 (vi) by adding at the end the fol5 lowing: 

6 ‘‘(G) ACCESSIBILITY OF EDUCATION.— 

7 Making postsecondary education more acces8 sible to students with disabilities through cur9 riculum development.’’; and 

10 (B) in paragraph (3), by striking ‘‘sub11 paragraphs (A) through (C)’’ and inserting 

12 ‘‘subparagraphs (A) through (G)’’; and 

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

14 ‘‘(d) REPORT.—Not later than 3 years after the date 

15 of enactment of the Higher Education Amendments of 

16 2007, the Secretary shall prepare and disseminate a re17 port reviewing the activities of the demonstration projects 

18 authorized under this subpart and providing guidance and 

19 recommendations on how successful projects can be rep20 licated.’’. 

21 (b) TRANSITION PROGRAMS FOR STUDENTS WITH

22 INTELLECTUAL DISABILITIES INTO HIGHER EDUCATION; 

23 COORDINATING CENTER.—Part D of title VII (20 U.S.C. 

24 1140 et seq.) is further amended— 


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1 (1) in the part heading, by striking ‘‘DEM2 ONSTRATION’’; 

3 (2) by inserting after the part heading the fol4 lowing: 

5 ‘‘Subpart 1—Quality Higher Education’’; 

6 and 

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

8 ‘‘Subpart 2—Transition Programs for Students With 

9 Intellectual Disabilities Into Higher Education; 

10 Coordinating Center 

11 ‘‘SEC. 771. PURPOSE. 

12 ‘‘It is the purpose of this subpart to support model 

13 demonstration programs that promote the successful tran14 sition of students with intellectual disabilities into higher 

15 education. 

16 ‘‘SEC. 772. DEFINITIONS. 

17 ‘‘In this subpart: 

18 ‘‘(1) COMPREHENSIVE TRANSITION AND POST19 SECONDARY PROGRAM FOR STUDENTS WITH INTEL20 LECTUAL DISABILITIES.—The term ‘comprehensive 

21 transition and postsecondary program for students 

22 with intellectual disabilities’ means a degree, certifi23 cate, or nondegree program offered by an institution 

24 of higher education that— 


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1 ‘‘(A) is designed for students with intellec2 tual disabilities who seek to continue academic, 

3 vocational, or independent living instruction at 

4 the institution in order to prepare for gainful 

5 employment; 

6 ‘‘(B) includes an advising and curriculum 

7 structure; and 

8 ‘‘(C) requires the enrollment of the student 

9 (through enrollment in credit-bearing courses, 

10 auditing or participating in courses, partici11 pating in internships, or enrollment in non12 credit, nondegree courses) in the equivalent of 

13 not less than a half-time course of study, as de14 termined by the institution. 

15 ‘‘(2) STUDENT WITH AN INTELLECTUAL DIS16 ABILITY.—The term ‘student with an intellectual 

17 disability’ means a student whose mental retardation 

18 or other significant cognitive impairment substan19 tially impacts the student’s intellectual and cognitive 

20 functioning. 

21 ‘‘SEC. 773. MODEL COMPREHENSIVE TRANSITION AND 

22 POSTSECONDARY PROGRAMS FOR STUDENTS 

23 WITH INTELLECTUAL DISABILITIES. 

24 ‘‘(a) GRANTS AUTHORIZED.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall annu2 ally award grants, on a competitive basis, to institu3 tions of higher education (or consortia of institutions 

4 of higher education), to create or expand high-qual5 ity, inclusive model comprehensive transition and 

6 postsecondary programs for students with intellec7 tual disabilities. 

8 ‘‘(2) NUMBER AND DURATION OF GRANTS.— 

9 The Secretary shall award not less than 10 grants 

10 per year under this section, and each grant awarded 

11 under this subsection shall be for a period of 5 

12 years. 

13 ‘‘(b) APPLICATION.—An institution of higher edu14 cation (or a consortium) desiring a grant under this sec15 tion shall submit an application to the Secretary at such 

16 time, in such manner, and containing such information as 

17 the Secretary may require. 

18 ‘‘(c) PREFERENCE.—In awarding grants under this 

19 section, the Secretary shall give preference to institutions 

20 of higher education (or consortia) that— 

21 ‘‘(1) will carry out a model program under the 

22 grant in a State that does not already have a com23 prehensive transition and postsecondary program for 

24 students with intellectual disabilities; or 


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1 ‘‘(2) in the application submitted under sub2 section (b), agree to incorporate 1 or more the fol3 lowing elements into the model programs carried out 

4 under the grant: 

5 ‘‘(A) The formation of a partnership with 

6 any relevant agency serving students with intel7 lectual disabilities, such as a vocational rehabili8 tation agency. 

9 ‘‘(B) In the case of an institution of higher 

10 education that provides institutionally-owned or 

11 operated housing for students attending the in12 stitution, the integration of students with intel13 lectual disabilities into such housing. 

14 ‘‘(C) The involvement of students attend15 ing the institution of higher education who are 

16 studying special education, general education, 

17 vocational rehabilitation, assistive technology, or 

18 related fields in the model program carried out 

19 under the grant. 

20 ‘‘(d) USE OF FUNDS.—An institution of higher edu21 cation (or consortium) receiving a grant under this section 

22 shall use the grant funds to establish a model comprehen23 sive transition and postsecondary program for students 

24 with intellectual disabilities that— 


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1 ‘‘(1) serves students with intellectual disabil2 ities, including students with intellectual disabilities 

3 who are no longer eligible for special education and 

4 related services under the Individuals with Disabil5 ities Education Act; 

6 ‘‘(2) provides individual supports and services 

7 for the academic and social inclusion of students 

8 with intellectual disabilities in academic courses, ex9 tracurricular activities, and other aspects of the in10 stitution of higher education’s regular postsecondary 

11 program; 

12 ‘‘(3) with respect to the students with intellec13 tual disabilities participating in the model program, 

14 provides a focus on— 

15 ‘‘(A) academic enrichment; 

16 ‘‘(B) socialization; 

17 ‘‘(C) independent living, including self-ad18 vocacy skills; and 

19 ‘‘(D) integrated work experiences and ca20 reer skills that lead to gainful employment; 

21 ‘‘(4) integrates person-centered planning in the 

22 development of the course of study for each student 

23 with an intellectual disability participating in the 

24 model program; 


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1 ‘‘(5) participates with the coordinating center 

2 established under section 774 in the evaluation of 

3 the model program; 

4 ‘‘(6) partners with 1 or more local educational 

5 agencies to support students with intellectual disabil6 ities participating in the model program who are still 

7 eligible for special education and related services 

8 under such Act, including regarding the utilization 

9 of funds available under part B of the Individuals 

10 with Disabilities Education Act for such students; 

11 ‘‘(7) plans for the sustainability of the model 

12 program after the end of the grant period; and 

13 ‘‘(8) creates and offers a meaningful credential 

14 for students with intellectual disabilities upon the 

15 completion of the model program. 

16 ‘‘(e) MATCHING REQUIREMENT.—An institution of 

17 higher education that receives a grant under this section 

18 shall provide toward the cost of the model comprehensive 

19 transition and postsecondary program for students with 

20 intellectual disabilities carried out under the grant, match21 ing funds, which may be provided in cash or in-kind, in 

22 an amount not less than 25 percent of the amount of such 

23 grant funds. 

24 ‘‘(f) REPORT.—Not later than 3 years after the date 

25 of enactment of the Higher Education Amendments of 


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1 2007, the Secretary shall prepare and disseminate a re2 port reviewing the activities of the model comprehensive 

3 transition and postsecondary programs for students with 

4 intellectual disabilities authorized under this subpart and 

5 providing guidance and recommendations on how success6 ful programs can be replicated. 

7 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated to carry out this section 

9 such sums as may be necessary. 

10 ‘‘SEC. 774. COORDINATING CENTER FOR TECHNICAL AS11 SISTANCE, EVALUATION, AND DEVELOPMENT 

12 OF ACCREDITATION STANDARDS. 

13 ‘‘(a) IN GENERAL.— 

14 ‘‘(1) AWARD.—The Secretary shall, on a com15 petitive basis, enter into a cooperative agreement 

16 with an eligible entity, for the purpose of estab17 lishing a coordinating center for technical assistance, 

18 evaluation, and development of accreditation stand19 ards for institutions of higher education that offer 

20 inclusive model comprehensive transition and post21 secondary programs for students with intellectual 

22 disabilities. 

23 ‘‘(2) DURATION.—The cooperative agreement 

24 under this section shall be for a period of 5 years. 


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1 ‘‘(b) REQUIREMENTS OF COOPERATIVE AGREE2 MENT.—The eligible entity entering into a cooperative 

3 agreement under this section shall establish and maintain 

4 a center that shall— 

5 ‘‘(1) serve as the technical assistance entity for 

6 all model comprehensive transition and postsec7 ondary programs for students with intellectual dis8 abilities assisted under section 773; 

9 ‘‘(2) provide technical assistance regarding the 

10 development, evaluation, and continuous improve11 ment of such programs; 

12 ‘‘(3) develop an evaluation protocol for such 

13 programs that includes qualitative and quantitative 

14 methodology measuring student outcomes and pro15 gram strengths in the areas of academic enrichment, 

16 socialization, independent living, and competitive or 

17 supported employment; 

18 ‘‘(4) assist recipients of grants under section 

19 773 in efforts to award a meaningful credential to 

20 students with intellectual disabilities upon the com21 pletion of such programs, which credential takes into 

22 consideration unique State factors; 

23 ‘‘(5) develop model criteria, standards, and pro24 cedures to be used in accrediting such programs 

25 that— 


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1 ‘‘(A) include, in the development of the 

2 model criteria, standards, and procedures for 

3 such programs, the participation of— 

4 ‘‘(i) an expert in higher education; 

5 ‘‘(ii) an expert in special education; 

6 ‘‘(iii) a disability organization that 

7 represents students with intellectual dis8 abilities; and 

9 ‘‘(iv) a State, regional, or national ac10 crediting agency or association recognized 

11 by the Secretary under subpart 2 of part 

12 H of title IV; and 

13 ‘‘(B) define the necessary components of 

14 such programs, such as— 

15 ‘‘(i) academic, vocational, social, and 

16 independent living skills; 

17 ‘‘(ii) evaluation of student progress; 

18 ‘‘(iii) program administration and 

19 evaluation; 

20 ‘‘(iv) student eligibility; and 

21 ‘‘(v) issues regarding the equivalency 

22 of a student’s participation in such pro23 grams to semester, trimester, quarter, 

24 credit, or clock hours at an institution of 

25 higher education, as the case may be; 


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1 ‘‘(6) analyze possible funding streams for such 

2 programs and provide recommendations regarding 

3 the funding streams; 

4 ‘‘(7) develop model memoranda of agreement 

5 between institutions of higher education and agen6 cies providing funding for such programs; 

7 ‘‘(8) develop mechanisms for regular commu8 nication between the recipients of grants under sec9 tion 773 regarding such programs; and 

10 ‘‘(9) host a meeting of all recipients of grants 

11 under section 773 not less often than once a year. 

12 ‘‘(c) DEFINITION OF ELIGIBLE ENTITY.—In this sec13 tion, the term ‘eligible entity’ means an entity, or a part14 nership of entities, that has demonstrated expertise in the 

15 fields of higher education, students with intellectual dis16 abilities, the development of comprehensive transition and 

17 postsecondary programs for students with intellectual dis18 abilities, and evaluation. 

19 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated to carry out this section 

21 such sums as may be necessary.’’. 

22 (c) CONFORMING AMENDMENTS.—Part D of title VII 

23 (20 U.S.C. 1140 et seq.) is further amended— 

24 (1) in section 761, by striking ‘‘part’’ and in25 serting ‘‘subpart’’; 


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1 (2) in section 762 (as amended by subsection 

2 (a)), by striking ‘‘part’’ each place the term appears 

3 and inserting ‘‘subpart’’; 

4 (3) in section 763, by striking ‘‘part’’ both 

5 places the term appears and inserting ‘‘subpart’’; 

6 (4) in section 764, by striking ‘‘part’’ and in7 serting ‘‘subpart’’; and 

8 (5) in section 765, by striking ‘‘part’’ and in9 serting ‘‘subpart’’. 

10 SEC. 715. APPLICATIONS FOR DEMONSTRATION PROJECTS 

11 TO ENSURE STUDENTS WITH DISABILITIES 

12 RECEIVE A QUALITY HIGHER EDUCATION. 

13 Section 763 (as amended in section 714(c)(3)) (20 

14 U.S.C. 1140b) is further amended— 

15 (1) by striking paragraph (1) and inserting the 

16 following: 

17 ‘‘(1) a description of how such institution plans 

18 to address the activities allowed under this sub19 part;’’; 

20 (2) in paragraph (2), by striking ‘‘and’’ after 

21 the semicolon; 

22 (3) in paragraph (3), by striking the period at 

23 the end and inserting ‘‘; and’’; and 

24 (4) by adding at the end the following: 


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1 ‘‘(4) a description of the extent to which the in2 stitution will work to replicate the research based 

3 and best practices of institutions of higher education 

4 with demonstrated success in serving students with 

5 disabilities.’’. 

6 SEC. 716. AUTHORIZATION OF APPROPRIATIONS FOR DEM7 ONSTRATION PROJECTS TO ENSURE STU8 DENTS WITH DISABILITIES RECEIVE A QUAL9 ITY HIGHER EDUCATION. 

10 Section 765 (20 U.S.C. 1140d) is amended by strik11 ing ‘‘$10,000,000 for fiscal year 1999’’ and all that fol12 lows through the period and inserting ‘‘such sums as may 

13 be necessary for fiscal year 2008 and each of the 5 suc14 ceeding fiscal years.’’. 

15 TITLE VIII—MISCELLANEOUS 

16 SEC. 801. MISCELLANEOUS. 

17 The Act (20 U.S.C. 1001 et seq.) is amended by add18 ing at the end the following: 

19 ‘‘TITLE VIII—MISCELLANEOUS 

20 ‘‘PART A—MATHEMATICS AND SCIENCE 

21 SCHOLARS PROGRAM 

22 ‘‘SEC. 811. MATHEMATICS AND SCIENCE SCHOLARS PRO23 GRAM. 

24 ‘‘(a) PROGRAM AUTHORIZED.—The Secretary is au25 thorized to award grants to States, on a competitive basis, 


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1 to enable the States to award eligible students, who com2 plete a rigorous secondary school curriculum in mathe3 matics and science, scholarships for undergraduate study. 

4 ‘‘(b) ELIGIBLE STUDENTS.—A student is eligible for 

5 a scholarship under this section if the student is a full6 time undergraduate student in the student’s first and sec7 ond year of study who has completed a rigorous secondary 

8 school curriculum in mathematics and science. 

9 ‘‘(c) RIGOROUS CURRICULUM.—Each participating 

10 State shall determine the requirements for a rigorous sec11 ondary school curriculum in mathematics and science de12 scribed in subsection (b). 

13 ‘‘(d) PRIORITY FOR SCHOLARSHIPS.—The Governor 

14 of a State may set a priority for awarding scholarships 

15 under this section for particular eligible students, such as 

16 students attending schools in high-need areas, students 

17 who are from groups underrepresented in the fields of 

18 mathematics, science, and engineering, students served by 

19 local educational agencies that do not meet or exceed State 

20 standards in mathematics and science, or students with 

21 regional or geographic needs as determined appropriate by 

22 the Governor. 

23 ‘‘(e) AMOUNT AND DURATION OF SCHOLARSHIP.— 

24 The Secretary shall award a grant under this section— 


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1 ‘‘(1) in an amount that does not exceed $1,000; 

2 and 

3 ‘‘(2) for not more than 2 years of under4 graduate study. 

5 ‘‘(f) MATCHING REQUIREMENT.—In order to receive 

6 a grant under this section, a State shall provide matching 

7 funds for the scholarships awarded under this section in 

8 an amount equal to 50 percent of the Federal funds re9 ceived. 

10 ‘‘(g) AUTHORIZATION.—There are authorized to be 

11 appropriated to carry out this section such sums as may 

12 be necessary for fiscal year 2008 and each of the 5 suc13 ceeding fiscal years. 

14 ‘‘PART B—POSTSECONDARY EDUCATION 

15 ASSESSMENT 

16 ‘‘SEC. 816. POSTSECONDARY EDUCATION ASSESSMENT. 

17 ‘‘(a) CONTRACT FOR ASSESSMENT.—The Secretary 

18 shall enter into a contract, with an independent, bipartisan 

19 organization with specific expertise in public administra20 tion and financial management, to carry out an inde21 pendent assessment of the cost factors associated with the 

22 cost of tuition at institutions of higher education. 

23 ‘‘(b) TIMEFRAME.—The Secretary shall enter into 

24 the contract described in subsection (a) not later than 90 


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1 days after the date of enactment of the Higher Education 

2 Amendments of 2007. 

3 ‘‘(c) MATTERS ASSESSED.—The assessment de4 scribed in subsection (a) shall— 

5 ‘‘(1) examine the key elements driving the cost 

6 factors associated with the cost of tuition at institu7 tions of higher education during the 2001–2002 aca8 demic year and succeeding academic years; 

9 ‘‘(2) identify and evaluate measures being used 

10 to control postsecondary education costs; 

11 ‘‘(3) identify and evaluate effective measures 

12 that may be utilized to control postsecondary edu13 cation costs in the future; and 

14 ‘‘(4) identify systemic approaches to monitor 

15 future postsecondary education cost trends and post16 secondary education cost control mechanisms. 

17 ‘‘PART C—JOB SKILL TRAINING IN HIGH-GROWTH 

18 OCCUPATIONS OR INDUSTRIES 

19 ‘‘SEC. 821. JOB SKILL TRAINING IN HIGH-GROWTH OCCUPA20 TIONS OR INDUSTRIES. 

21 ‘‘(a) GRANTS AUTHORIZED.—The Secretary is au22 thorized to award grants, on a competitive basis, to eligible 

23 partnerships to enable the eligible partnerships to provide 

24 relevant job skill training in high-growth industries or oc25 cupations. 


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1 ‘‘(b) DEFINITIONS.—In this section: 

2 ‘‘(1) ELIGIBLE PARTNERSHIP.—The term ‘eligi3 ble partnership’ means a partnership— 

4 ‘‘(A) between an institution of higher edu5 cation and a local board (as such term is de6 fined in section 101 of the Workforce Invest7 ment Act of 1998); or 

8 ‘‘(B) if an institution of higher education 

9 is located within a State that does not operate 

10 local boards, between the institution of higher 

11 education and a State board (as such term is 

12 defined in section 101 of the Workforce Invest13 ment Act of 1998). 

14 ‘‘(2) NONTRADITIONAL STUDENT.—The term 

15 ‘nontraditional student’ means a student who— 

16 ‘‘(A) is independent, as defined in section 

17 480(d); 

18 ‘‘(B) attends an institution of higher edu19 cation— 

20 ‘‘(i) on less than a full-time basis; 

21 ‘‘(ii) via evening, weekend, modular, 

22 or compressed courses; or 

23 ‘‘(iii) via distance education methods; 

24 or 


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1 ‘‘(C) has delayed enrollment at an institu2 tion of higher education. 

3 ‘‘(3) INSTITUTION OF HIGHER EDUCATION.— 

4 The term ‘institution of higher education’ means an 

5 institution of higher education, as defined in section 

6 101(b), that offers a 1- or 2-year program of study 

7 leading to a degree or certificate. 

8 ‘‘(c) APPLICATION.— 

9 ‘‘(1) IN GENERAL.—Each eligible partnership 

10 that desires a grant under this section shall submit 

11 an application to the Secretary at such time, in such 

12 manner, and accompanied by such additional infor13 mation as the Secretary may require. 

14 ‘‘(2) CONTENTS.—Each application submitted 

15 under paragraph (1) shall include a description of— 

16 ‘‘(A) how the eligible partnership, through 

17 the institution of higher education, will provide 

18 relevant job skill training for students to enter 

19 high-growth occupations or industries; 

20 ‘‘(B) local high-growth occupations or in21 dustries; and 

22 ‘‘(C) the need for qualified workers to meet 

23 the local demand of high-growth occupations or 

24 industries. 


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1 ‘‘(d) AWARD BASIS.—In awarding grants under this 

2 section, the Secretary shall— 

3 ‘‘(1) ensure an equitable distribution of grant 

4 funds under this section among urban and rural 

5 areas of the United States; and 

6 ‘‘(2) take into consideration the capability of 

7 the institution of higher education— 

8 ‘‘(A) to offer relevant, high quality instruc9 tion and job skill training for students entering 

10 a high-growth occupation or industry; 

11 ‘‘(B) to involve the local business commu12 nity and to place graduates in the community 

13 in employment in high-growth occupations or 

14 industries; 

15 ‘‘(C) to provide secondary students with 

16 dual-enrollment or concurrent enrollment op17 tions; 

18 ‘‘(D) to serve nontraditional or low-income 

19 students, or adult or displaced workers; and 

20 ‘‘(E) to serve students from rural or re21 mote communities. 

22 ‘‘(e) USE OF FUNDS.—Grant funds provided under 

23 this section may be used— 


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1 ‘‘(1) to expand or create academic programs or 

2 programs of training that provide relevant job skill 

3 training for high-growth occupations or industries; 

4 ‘‘(2) to purchase equipment which will facilitate 

5 the development of academic programs or programs 

6 of training that provide training for high-growth oc7 cupations or industries; 

8 ‘‘(3) to support outreach efforts that enable 

9 students to attend institutions of higher education 

10 with academic programs or programs of training fo11 cused on high-growth occupations or industries; 

12 ‘‘(4) to expand or create programs for distance, 

13 evening, weekend, modular, or compressed learning 

14 opportunities that provide relevant job skill training 

15 in high-growth occupations or industries; 

16 ‘‘(5) to build partnerships with local businesses 

17 in high-growth occupations or industries; 

18 ‘‘(6) to support curriculum development related 

19 to entrepreneurial training; and 

20 ‘‘(7) for other uses that the Secretary deter21 mines to be consistent with the intent of this section. 

22 ‘‘(f) REQUIREMENTS.— 

23 ‘‘(1) FISCAL AGENT.—For the purpose of this 

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1 gible partnership shall serve as the fiscal agent and 

2 grant recipient for the eligible partnership. 

3 ‘‘(2) DURATION.—The Secretary shall award 

4 grants under this section for periods that may not 

5 exceed 5 years. 

6 ‘‘(3) SUPPLEMENT, NOT SUPPLANT.—Funds 

7 made available under this section shall be used to 

8 supplement and not supplant other Federal, State, 

9 and local funds available to the eligible partnership 

10 for carrying out the activities described in subsection 

11 (e). 

12 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated to carry out this part 

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

15 each of the 5 succeeding fiscal years. 

16 ‘‘PART D—ADDITIONAL CAPACITY FOR R.N. STU17 DENTS OR GRADUATE-LEVEL NURSING STU18 DENTS 

19 ‘‘SEC. 826. ADDITIONAL CAPACITY FOR R.N. STUDENTS OR 

20 GRADUATE-LEVEL NURSING STUDENTS. 

21 ‘‘(a) AUTHORIZATION.—The Secretary shall award 

22 grants to institutions of higher education that offer— 

23 ‘‘(1) a R.N. nursing program at the bacca24 laureate or associate degree level to enable such pro25 gram to expand the faculty and facilities of such 


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1 program to accommodate additional R.N. nursing 

2 program students; or 

3 ‘‘(2) a graduate-level nursing program to ac4 commodate advanced practice degrees for R.N.s or 

5 to accommodate students enrolled in a graduate-level 

6 nursing program to provide teachers of nursing stu7 dents. 

8 ‘‘(b) DETERMINATION OF NUMBER OF STUDENTS

9 AND APPLICATION.—Each institution of higher education 

10 that offers a program described in subsection (a) that de11 sires to receive a grant under this section shall— 

12 ‘‘(1) determine for the 4 academic years pre13 ceding the academic year for which the determina14 tion is made the average number of matriculated 

15 nursing program students at such institution for 

16 such academic years; and 

17 ‘‘(2) submit an application to the Secretary at 

18 such time, in such manner, and accompanied by 

19 such information as the Secretary may require, in20 cluding the average number determined under para21 graph (1). 

22 ‘‘(c) GRANT AMOUNT; AWARD BASIS.— 

23 ‘‘(1) GRANT AMOUNT.—For each academic year 

24 after academic year 2006–2007, the Secretary shall 

25 provide to each institution of higher education 


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1 awarded a grant under this section an amount that 

2 is equal to $3,000 multiplied by the number of ma3 triculated nursing program students at such institu4 tion for such academic year that is more than the 

5 average number determined with respect to such in6 stitution under subsection (b)(1). Such amount shall 

7 be used for the purposes described in subsection (a). 

8 ‘‘(2) DISTRIBUTION OF GRANTS AMONG DIF9 FERENT DEGREE PROGRAMS.— 

10 ‘‘(A) IN GENERAL.—Subject to subpara11 graph (B), from the funds available to award 

12 grants under this section for each fiscal year, 

13 the Secretary shall— 

14 ‘‘(i) use 20 percent of such funds to 

15 award grants under this section to institu16 tions of higher education for the purpose 

17 of accommodating advanced practice de18 grees or students in graduate-level nursing 

19 programs; 

20 ‘‘(ii) use 40 percent of such funds to 

21 award grants under this section to institu22 tions of higher education for the purpose 

23 of expanding R.N. nursing programs at the 

24 baccalaureate degree level; and 


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1 ‘‘(iii) use 40 percent of such funds to 

2 award grants under this section to institu3 tions of higher education for the purpose 

4 of expanding R.N. nursing programs at the 

5 associate degree level. 

6 ‘‘(B) DISTRIBUTION OF EXCESS FUNDS.— 

7 If, for a fiscal year, funds described in clause 

8 (i), (ii), or (iii) of subparagraph (A) remain 

9 after the Secretary awards grants under this 

10 section to all applicants for the particular cat11 egory of nursing programs described in such 

12 clause, the Secretary shall use equal amounts of 

13 the remaining funds to award grants under this 

14 section to applicants for the remaining cat15 egories of nursing programs. 

16 ‘‘(C) EQUITABLE DISTRIBUTION.—In 

17 awarding grants under this section, the Sec18 retary shall, to the extent practicable, ensure— 

19 ‘‘(i) an equitable geographic distribu20 tion of the grants among the States; and 

21 ‘‘(ii) an equitable distribution of the 

22 grants among different types of institu23 tions of higher education. 

24 ‘‘(d) PROHIBITION.— 


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1 ‘‘(1) IN GENERAL.—Funds provided under this 

2 section may not be used for the construction of new 

3 facilities. 

4 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

5 paragraph (1) shall be construed to prohibit funds 

6 provided under this section from being used for the 

7 repair or renovation of facilities. 

8 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated to carry out this section 

10 such sums as may be necessary. 

11 ‘‘PART E—AMERICAN HISTORY FOR FREEDOM 

12 ‘‘SEC. 831. AMERICAN HISTORY FOR FREEDOM. 

13 ‘‘(a) GRANTS AUTHORIZED.—The Secretary is au14 thorized to award 3-year grants, on a competitive basis, 

15 to eligible institutions to establish or strengthen postsec16 ondary academic programs or centers that promote and 

17 impart knowledge of— 

18 ‘‘(1) traditional American history; 

19 ‘‘(2) the history and nature of, and threats to, 

20 free institutions; or 

21 ‘‘(3) the history and achievements of Western 

22 civilization. 

23 ‘‘(b) DEFINITIONS.—In this section: 


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1 ‘‘(1) ELIGIBLE INSTITUTION.—The term ‘eligi2 ble institution’ means an institution of higher edu3 cation as defined in section 101. 

4 ‘‘(2) FREE INSTITUTION.—The term ‘free insti5 tution’ means an institution that emerged out of 

6 Western civilization, such as democracy, constitu7 tional government, individual rights, market econom8 ics, religious freedom and religious tolerance, and 

9 freedom of thought and inquiry. 

10 ‘‘(3) TRADITIONAL AMERICAN HISTORY.—The 

11 term ‘traditional American history’ means— 

12 ‘‘(A) the significant constitutional, polit13 ical, intellectual, economic, and foreign policy 

14 trends and issues that have shaped the course 

15 of American history; and 

16 ‘‘(B) the key episodes, turning points, and 

17 leading figures involved in the constitutional, 

18 political, intellectual, diplomatic, and economic 

19 history of the United States. 

20 ‘‘(c) APPLICATION.— 

21 ‘‘(1) IN GENERAL.—Each eligible institution 

22 that desires a grant under this part shall submit an 

23 application to the Secretary at such time, in such 

24 manner, and accompanied by such additional infor25 mation as the Secretary may require. 


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1 ‘‘(2) CONTENTS.—Each application submitted 

2 under subsection (a) shall include a description of — 

3 ‘‘(A) how funds made available under this 

4 part will be used for the activities set forth 

5 under subsection (e), including how such activi6 ties will increase knowledge with respect to tra7 ditional American history, free institutions, or 

8 Western civilization; 

9 ‘‘(B) how the eligible institution will ensure 

10 that information about the activities funded 

11 under this part is widely disseminated pursuant 

12 to subsection (e)(1)(B); 

13 ‘‘(C) any activities to be undertaken pursu14 ant to subsection (e)(2)(A), including identifica15 tion of entities intended to participate; 

16 ‘‘(D) how funds made available under this 

17 part shall be used to supplement and not sup18 plant non-Federal funds available for the activi19 ties described in subsection (e); and 

20 ‘‘(E) such fiscal controls and accounting 

21 procedures as may be necessary to ensure prop22 er disbursement of and accounting for funding 

23 made available to the eligible institution under 

24 this part. 


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1 ‘‘(d) AWARD BASIS.—In awarding grants under this 

2 part, the Secretary shall take into consideration the capa3 bility of the eligible institution to— 

4 ‘‘(1) increase access to quality programming 

5 that expands knowledge of traditional American his6 tory, free institutions, or Western civilization; 

7 ‘‘(2) involve personnel with strong expertise in 

8 traditional American history, free institutions, or 

9 Western civilization; and 

10 ‘‘(3) sustain the activities funded under this 

11 part after the grant has expired. 

12 ‘‘(e) USE OF FUNDS.— 

13 ‘‘(1) REQUIRED USE OF FUNDS.—Funds pro14 vided under this part shall be used to— 

15 ‘‘(A) establish or strengthen academic pro16 grams or centers focused on traditional Amer17 ican history, free institutions, or Western civili18 zation, which may include— 

19 ‘‘(i) design and implementation of 

20 programs of study, courses, lecture series, 

21 seminars, and symposia; 

22 ‘‘(ii) development, publication, and 

23 dissemination of instructional materials; 

24 ‘‘(iii) research; 


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1 ‘‘(iv) support for faculty teaching in 

2 undergraduate and, if applicable, graduate 

3 programs; 

4 ‘‘(v) support for graduate and post5 graduate fellowships, if applicable; or 

6 ‘‘(vi) teacher preparation initiatives 

7 that stress content mastery regarding tra8 ditional American history, free institutions, 

9 or Western civilization; and 

10 ‘‘(B) conduct outreach activities to ensure 

11 that information about the activities funded 

12 under this part is widely disseminated— 

13 ‘‘(i) to undergraduate students (in14 cluding students enrolled in teacher edu15 cation programs, if applicable); 

16 ‘‘(ii) to graduate students (including 

17 students enrolled in teacher education pro18 grams), if applicable; 

19 ‘‘(iii) to faculty; 

20 ‘‘(iv) to local educational agencies; 

21 and 

22 ‘‘(v) within the local community. 

23 ‘‘(2) ALLOWABLE USES OF FUNDS.—Funds 

24 provided under this part may be used to support— 

25 ‘‘(A) collaboration with entities such as— 


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1 ‘‘(i) local educational agencies, for the 

2 purpose of providing elementary, middle 

3 and secondary school teachers an oppor4 tunity to enhance their knowledge of tradi5 tional American history, free institutions, 

6 or Western civilization; and 

7 ‘‘(ii) nonprofit organizations whose 

8 mission is consistent with the purpose of 

9 this part, such as academic organizations, 

10 museums, and libraries, for assistance in 

11 carrying out activities described under sub12 section (a); and 

13 ‘‘(B) other activities that meet the pur14 poses of this part. 

15 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—For the 

16 purpose of carrying out this part, there are authorized to 

17 be appropriated such sums as may be necessary for fiscal 

18 year 2008 and each of the 5 succeeding fiscal years. 

19 ‘‘PART F—TEACH FOR AMERICA 

20 ‘‘SEC. 836. TEACH FOR AMERICA. 

21 ‘‘(a) DEFINITIONS.— 

22 ‘‘(1) IN GENERAL.—The terms ‘highly quali23 fied’, ‘local educational agency’, and ‘Secretary’ have 

24 the meanings given the terms in section 9101 of the 


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1 Elementary and Secondary Education Act of 1965 

2 (20 U.S.C. 7801). 

3 ‘‘(2) GRANTEE.—The term ‘grantee’ means 

4 Teach For America, Inc. 

5 ‘‘(3) HIGH NEED.—The term ‘high need’, when 

6 used with respect to a local educational agency, 

7 means a local educational agency experiencing a 

8 shortage of highly qualified teachers. 

9 ‘‘(b) GRANTS AUTHORIZED.—The Secretary is au10 thorized to award a grant to Teach For America, Inc., 

11 the national teacher corps of outstanding recent college 

12 graduates who commit to teach for 2 years in underserved 

13 communities in the United States, to implement and ex14 pand its program of recruiting, selecting, training, and 

15 supporting new teachers. 

16 ‘‘(c) REQUIREMENTS.—In carrying out the grant pro17 gram under subsection (b), the Secretary shall enter into 

18 an agreement with the grantee under which the grantee 

19 agrees to use the grant funds provided under this sec20 tion— 

21 ‘‘(1) to provide highly qualified teachers to high 

22 need local educational agencies in urban and rural 

23 communities; 

24 ‘‘(2) to pay the cost of recruiting, selecting, 

25 training, and supporting new teachers; and 


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1 ‘‘(3) to serve a substantial number and percent2 age of underserved students. 

3 ‘‘(d) AUTHORIZED ACTIVITIES.— 

4 ‘‘(1) IN GENERAL.—Grant funds provided 

5 under this section shall be used by the grantee to 

6 carry out each of the following activities: 

7 ‘‘(A) Recruiting and selecting teachers 

8 through a highly selective national process. 

9 ‘‘(B) Providing preservice training to the 

10 teachers through a rigorous summer institute 

11 that includes hands-on teaching experience and 

12 significant exposure to education coursework 

13 and theory. 

14 ‘‘(C) Placing the teachers in schools and 

15 positions designated by partner local edu16 cational agencies as high need placements serv17 ing underserved students. 

18 ‘‘(D) Providing ongoing professional devel19 opment activities for the teachers’ first 2 years 

20 in the classroom, including regular classroom 

21 observations and feedback, and ongoing train22 ing and support. 

23 ‘‘(2) LIMITATION.—The grantee shall use all 

24 grant funds received under this section to support 

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1 tion, training, and support of teachers as described 

2 in subsection (a). 

3 ‘‘(e) REPORTS AND EVALUATIONS.— 

4 ‘‘(1) ANNUAL REPORT.—The grantee shall pro5 vide to the Secretary an annual report that in6 cludes— 

7 ‘‘(A) data on the number and quality of 

8 the teachers provided to local educational agen9 cies through a grant under this section; 

10 ‘‘(B) an externally conducted analysis of 

11 the satisfaction of local educational agencies 

12 and principals with the teachers so provided; 

13 and 

14 ‘‘(C) comprehensive data on the back15 ground of the teachers chosen, the training the 

16 teachers received, the placement sites of the 

17 teachers, the professional development of the 

18 teachers, and the retention of the teachers. 

19 ‘‘(2) STUDY.— 

20 ‘‘(A) IN GENERAL.—From funds appro21 priated under subsection (f), the Secretary shall 

22 provide for a study that examines the achieve23 ment levels of the students taught by the teach24 ers assisted under this section. 


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1 ‘‘(B) ACHIEVEMENT GAINS COMPARED.— 

2 The study shall compare, within the same 

3 schools, the achievement gains made by stu4 dents taught by teachers who are assisted 

5 under this section with the achievement gains 

6 made by students taught by teachers who are 

7 not assisted under this section. 

8 ‘‘(3) REQUIREMENTS.—The Secretary shall 

9 provide for such a study not less than once every 3 

10 years, and each such study shall include multiple 

11 placement sites and multiple schools within place12 ment sites. 

13 ‘‘(4) PEER REVIEW STANDARDS.—Each such 

14 study shall meet the peer review standards of the 

15 education research community. 

16 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 

17 ‘‘(1) IN GENERAL.—There are authorized to be 

18 appropriated to carry out this section such sums as 

19 may be necessary for fiscal year 2008 and each of 

20 the 5 succeeding fiscal years. 

21 ‘‘(2) LIMITATION.—The grantee shall not use 

22 more than 25 percent of Federal funds from any 

23 source for administrative costs. 


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1 ‘‘PART G—PATSY T. MINK FELLOWSHIP PROGRAM 

2 ‘‘SEC. 841. PATSY T. MINK FELLOWSHIP PROGRAM. 

3 ‘‘(a) PURPOSE.— 

4 ‘‘(1) IN GENERAL.—It is the purpose of this 

5 section to provide, through eligible institutions, a 

6 program of fellowship awards to assist highly quali7 fied minorities and women to acquire the doctoral 

8 degree, or highest possible degree available, in aca9 demic areas in which such individuals are underrep10 resented for the purpose of enabling such individuals 

11 to enter the higher education professoriate. 

12 ‘‘(2) DESIGNATION.—Each recipient of a fellow13 ship award from an eligible institution receiving a 

14 grant under this section shall be known as a ‘Patsy 

15 T. Mink Graduate Fellow’. 

16 ‘‘(b) DEFINITIONS.—In this section, the term ‘eligible 

17 institution’ means an institution of higher education, or 

18 a consortium of such institutions, that offers a program 

19 of postbaccalaureate study leading to a graduate degree. 

20 ‘‘(c) PROGRAM AUTHORIZED.— 

21 ‘‘(1) GRANTS BY SECRETARY.— 

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

23 award grants to eligible institutions to enable 

24 such institutions to make fellowship awards to 

25 individuals in accordance with the provisions of 

26 this section. 


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1 ‘‘(B) PRIORITY CONSIDERATION.—In 

2 awarding grants under this section, the Sec3 retary shall consider the eligible institution’s 

4 prior experience in producing doctoral degree, 

5 or highest possible degree available, holders who 

6 are minorities and women, and shall give pri7 ority consideration in making grants under this 

8 section to those eligible institutions with a dem9 onstrated record of producing minorities and 

10 women who have earned such degrees. 

11 ‘‘(2) APPLICATIONS.— 

12 ‘‘(A) IN GENERAL.—An eligible institution 

13 that desires a grant under this section shall 

14 submit an application to the Secretary at such 

15 time, in such manner, and containing such in16 formation as the Secretary may require. 

17 ‘‘(B) APPLICATIONS MADE ON BEHALF.— 

18 ‘‘(i) IN GENERAL.—The following en19 tities may submit an application on behalf 

20 of an eligible institution: 

21 ‘‘(I) A graduate school or depart22 ment of such institution. 

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1 laboration with an undergraduate col2 lege or university of such institution. 

3 ‘‘(III) An organizational unit 

4 within such institution that offers a 

5 program of postbaccalaureate study 

6 leading to a graduate degree, includ7 ing an interdisciplinary or an inter8 departmental program. 

9 ‘‘(IV) A nonprofit organization 

10 with a demonstrated record of helping 

11 minorities and women earn 

12 postbaccalaureate degrees. 

13 ‘‘(ii) NONPROFIT ORGANIZATIONS.— 

14 Nothing in this paragraph shall be con15 strued to permit the Secretary to award a 

16 grant under this section to an entity other 

17 than an eligible institution. 

18 ‘‘(3) SELECTION OF APPLICATIONS.—In award19 ing grants under subsection (a), the Secretary 

20 shall— 

21 ‘‘(A) take into account— 

22 ‘‘(i) the number and distribution of 

23 minority and female faculty nationally; 


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1 ‘‘(ii) the current and projected need 

2 for highly trained individuals in all areas 

3 of the higher education professoriate; and 

4 ‘‘(iii) the present and projected need 

5 for highly trained individuals in academic 

6 career fields in which minorities and 

7 women are underrepresented in the higher 

8 education professoriate; and 

9 ‘‘(B) consider the need to prepare a large 

10 number of minorities and women generally in 

11 academic career fields of high national priority, 

12 especially in areas in which such individuals are 

13 traditionally underrepresented in college and 

14 university faculty. 

15 ‘‘(4) DISTRIBUTION AND AMOUNTS OF

16 GRANTS.— 

17 ‘‘(A) EQUITABLE DISTRIBUTION.—In 

18 awarding grants under this section, the Sec19 retary shall, to the maximum extent feasible, 

20 ensure an equitable geographic distribution of 

21 awards and an equitable distribution among 

22 public and independent eligible institutions that 

23 apply for grants under this section and that 

24 demonstrate an ability to achieve the purpose of 

25 this section. 


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1 ‘‘(B) SPECIAL RULE.—To the maximum 

2 extent practicable, the Secretary shall use not 

3 less than 30 percent of the amount appro4 priated pursuant to subsection (f) to award 

5 grants to eligible institutions that— 

6 ‘‘(i) are eligible for assistance under 

7 title III or title V; or 

8 ‘‘(ii) have formed a consortium that 

9 includes both non-minority serving institu10 tions and minority serving institutions. 

11 ‘‘(C) ALLOCATION.—In awarding grants 

12 under this section, the Secretary shall allocate 

13 appropriate funds to those eligible institutions 

14 whose applications indicate an ability to signifi15 cantly increase the numbers of minorities and 

16 women entering the higher education professo17 riate and that commit institutional resources to 

18 the attainment of the purpose of this section. 

19 ‘‘(D) NUMBER OF FELLOWSHIP

20 AWARDS.—An eligible institution that receives a 

21 grant under this section shall make not less 

22 than 15 fellowship awards. 

23 ‘‘(E) REALLOTMENT.—If the Secretary de24 termines that an eligible institution awarded a 

25 grant under this section is unable to use all of 


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1 the grant funds awarded to the institution, the 

2 Secretary shall reallot, on such date during 

3 each fiscal year as the Secretary may fix, the 

4 unused funds to other eligible institutions that 

5 demonstrate that such institutions can use any 

6 reallocated grant funds to make fellowship 

7 awards to individuals under this section. 

8 ‘‘(5) INSTITUTIONAL ALLOWANCE.— 

9 ‘‘(A) IN GENERAL.— 

10 ‘‘(i) NUMBER OF ALLOWANCES.—In 

11 awarding grants under this section, the 

12 Secretary shall pay to each eligible institu13 tion awarded a grant, for each individual 

14 awarded a fellowship by such institution 

15 under this section, an institutional allow16 ance. 

17 ‘‘(ii) AMOUNT.—Except as provided in 

18 paragraph (3), an institutional allowance 

19 shall be in an amount equal to, for aca20 demic year 2007–2008 and succeeding aca21 demic years, the amount of institutional al22 lowance made to an institution of higher 

23 education under section 715 for such aca24 demic year. 


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1 ‘‘(B) USE OF FUNDS.—Institutional allow2 ances may be expended in the discretion of the 

3 eligible institution and may be used to provide, 

4 except as prohibited under paragraph (4), aca5 demic support and career transition services for 

6 individuals awarded fellowships by such institu7 tion. 

8 ‘‘(C) REDUCTION.—The institutional al9 lowance paid under paragraph (1) shall be re10 duced by the amount the eligible institution 

11 charges and collects from a fellowship recipient 

12 for tuition and other expenses as part of the re13 cipient’s instructional program. 

14 ‘‘(D) USE FOR OVERHEAD PROHIBITED.— 

15 Funds made available under this section may 

16 not be used for general operational overhead of 

17 the academic department or institution receiv18 ing funds under this section. 

19 ‘‘(d) FELLOWSHIP RECIPIENTS.— 

20 ‘‘(1) AUTHORIZATION.—An eligible institution 

21 that receives a grant under this section shall use the 

22 grant funds to make fellowship awards to minorities 

23 and women who are enrolled at such institution in 

24 a doctoral degree, or highest possible degree avail25 able, program and— 


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1 ‘‘(A) intend to pursue a career in instruc2 tion at— 

3 ‘‘(i) an institution of higher education 

4 (as the term is defined in section 101); 

5 ‘‘(ii) an institution of higher education 

6 (as the term is defined in section 

7 102(a)(1)); 

8 ‘‘(iii) an institution of higher edu9 cation outside the United States (as the 

10 term is described in section 102(a)(2)); or 

11 ‘‘(iv) a proprietary institution of high12 er education (as the term is defined in sec13 tion 102(b)); and 

14 ‘‘(B) sign an agreement with the Secretary 

15 agreeing— 

16 ‘‘(i) to begin employment at an insti17 tution described in paragraph (1) not later 

18 than 3 years after receiving the doctoral 

19 degree or highest possible degree available, 

20 which 3-year period may be extended by 

21 the Secretary for extraordinary cir22 cumstances; and 

23 ‘‘(ii) to be employed by such institu24 tion for 1 year for each year of fellowship 

25 assistance received under this section. 


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1 ‘‘(2) FAILURE TO COMPLY.—If an individual 

2 who receives a fellowship award under this section 

3 fails to comply with the agreement signed pursuant 

4 to subsection (a)(2), then the Secretary shall do 1 

5 or both of the following: 

6 ‘‘(A) Require the individual to repay all or 

7 the applicable portion of the total fellowship 

8 amount awarded to the individual by converting 

9 the balance due to a loan at the interest rate 

10 applicable to loans made under part B of title 

11 IV. 

12 ‘‘(B) Impose a fine or penalty in an 

13 amount to be determined by the Secretary. 

14 ‘‘(3) WAIVER AND MODIFICATION.— 

15 ‘‘(A) REGULATIONS.—The Secretary shall 

16 promulgate regulations setting forth criteria to 

17 be considered in granting a waiver for the serv18 ice requirement under subsection (a)(2). 

19 ‘‘(B) CONTENT.—The criteria under para20 graph (1) shall include whether compliance with 

21 the service requirement by the fellowship recipi22 ent would be— 

23 ‘‘(i) inequitable and represent an ex24 traordinary hardship; or 


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1 ‘‘(ii) deemed impossible because the 

2 individual is permanently and totally dis3 abled at the time of the waiver request. 

4 ‘‘(4) AMOUNT OF FELLOWSHIP AWARDS.—Fel5 lowship awards under this section shall consist of a 

6 stipend in an amount equal to the level of support 

7 provided to the National Science Foundation grad8 uate fellows, except that such stipend shall be ad9 justed as necessary so as not to exceed the fellow’s 

10 tuition and fees or demonstrated need (as deter11 mined by the institution of higher education where 

12 the graduate student is enrolled), whichever is great13 er. 

14 ‘‘(5) ACADEMIC PROGRESS REQUIRED.—An in15 dividual student shall not be eligible to receive a fel16 lowship award— 

17 ‘‘(A) except during periods in which such 

18 student is enrolled, and such student is main19 taining satisfactory academic progress in, and 

20 devoting essentially full time to, study or re21 search in the pursuit of the degree for which 

22 the fellowship support was awarded; and 

23 ‘‘(B) if the student is engaged in gainful 

24 employment, other than part-time employment 

25 in teaching, research, or similar activity deterVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00454 Fmt 6652 Sfmt 6401 E:\BILLS\S1642.RS S1642

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1 mined by the eligible institution to be consistent 

2 with and supportive of the student’s progress 

3 toward the appropriate degree. 

4 ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec5 tion shall be construed to require an eligible institution 

6 that receives a grant under this section— 

7 ‘‘(1) to grant a preference or to differentially 

8 treat any applicant for a faculty position as a result 

9 of the institution’s participation in the program 

10 under this section; or 

11 ‘‘(2) to hire a Patsy T. Mink Fellow who com12 pletes this program and seeks employment at such 

13 institution. 

14 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

15 is authorized to be appropriated to carry out this section 

16 such sums as may be necessary for fiscal year 2008 for 

17 each of the 5 succeeding fiscal years. 

18 ‘‘PART H—IMPROVING COLLEGE ENROLLMENT 

19 BY SECONDARY SCHOOLS 

20 ‘‘SEC. 846. IMPROVING COLLEGE ENROLLMENT BY SEC21 ONDARY SCHOOLS. 

22 ‘‘(a) IN GENERAL.—The Secretary shall contract 

23 with 1 nonprofit organization described in subsection (b) 

24 to enable the nonprofit organization— 


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1 ‘‘(1) to make publicly available the year-to-year 

2 higher education enrollment rate trends of secondary 

3 school students, disaggregated by secondary school, 

4 in full compliance with the Family Education Rights 

5 and Privacy Act of 1974; 

6 ‘‘(2) to identify not less than 50 urban local 

7 educational agencies and 5 States with significant 

8 rural populations, each serving a significant popu9 lation of low-income students, and to carry out a 

10 comprehensive needs assessment in the agencies and 

11 States of the factors known to contribute to im12 proved higher education enrollment rates, which fac13 tors shall include— 

14 ‘‘(A) an evaluation of the local educational 

15 agency’s and State’s leadership strategies; 

16 ‘‘(B) the secondary school curriculum and 

17 class offerings of the local educational agency 

18 and State; 

19 ‘‘(C) the professional development used by 

20 the local educational agency and the State to 

21 assist teachers, higher education counselors, 

22 and administrators in supporting the transition 

23 of secondary students into higher education; 


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1 ‘‘(D) secondary school student attendance 

2 and other factors demonstrated to be associated 

3 with enrollment into higher education; 

4 ‘‘(E) the data systems used by the local 

5 educational agency and the State to measure 

6 college enrollment rates and the incentives in 

7 place to motivate the efforts of faculty and stu8 dents to improve student and school-wide out9 comes; and 

10 ‘‘(F) strategies to mobilize student leaders 

11 to build a college-bound culture; and 

12 ‘‘(3) to provide comprehensive services to im13 prove the school-wide higher education enrollment 

14 rates of each of not less than 10 local educational 

15 agencies and States, with the federally funded por16 tion of each project declining by not less than 20 

17 percent each year beginning in the second year of 

18 the comprehensive services, that— 

19 ‘‘(A) participated in the needs assessment 

20 described in paragraph (2); and 

21 ‘‘(B) demonstrated a willingness and com22 mitment to improving the higher education en23 rollment rates of the local educational agency or 

24 State, respectively. 


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1 ‘‘(b) GRANT RECIPIENT CRITERIA.—The recipient of 

2 the grant awarded under subsection (a) shall be a non3 profit organization with demonstrated expertise— 

4 ‘‘(1) in increasing school-wide higher education 

5 enrollment rates in low-income communities nation6 wide by providing curriculum, training, and technical 

7 assistance to secondary school staff and student peer 

8 influencers; and 

9 ‘‘(2) in a college transition data management 

10 system. 

11 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated to carry out this section 

13 such sums as are necessary for fiscal year 2008 and each 

14 of the 5 succeeding fiscal years. 

15 ‘‘PART I—PREDOMINANTLY BLACK INSTITUTIONS 

16 ‘‘SEC. 850. PREDOMINANTLY BLACK INSTITUTIONS. 

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

18 assist Predominantly Black Institutions in expanding edu19 cational opportunity through a program of Federal assist20 ance. 

21 ‘‘(b) DEFINITIONS.—In this section: 

22 ‘‘(1) EDUCATIONAL AND GENERAL EXPENDI23 TURES.—The term ‘educational and general expendi24 tures’ has the meaning given the term in section 

25 312. 


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1 ‘‘(2) ELIGIBLE INSTITUTION.—The term ‘eligi2 ble institution’ means an institution of higher edu3 cation that— 

4 ‘‘(A) has an enrollment of needy under5 graduate students; 

6 ‘‘(B) has an average educational and gen7 eral expenditure which is low, per full-time 

8 equivalent undergraduate student in comparison 

9 with the average educational and general ex10 penditure per full-time equivalent under11 graduate student of institutions that offer simi12 lar instruction, except that the Secretary may 

13 apply the waiver requirements described in sec14 tion 392(b) to this subparagraph in the same 

15 manner as the Secretary applies the waiver re16 quirements to section 312(b)(1)(B); 

17 ‘‘(C) has an enrollment of undergraduate 

18 students that is not less than 40 percent Black 

19 American students; 

20 ‘‘(D) is legally authorized to provide, and 

21 provides within the State, an educational pro22 gram for which the institution of higher edu23 cation awards a baccalaureate degree, or in the 

24 case of a junior or community college, an asso25 ciate’s degree; and 


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1 ‘‘(E) is accredited by a nationally recog2 nized accrediting agency or association deter3 mined by the Secretary to be a reliable author4 ity as to the quality of training offered, or is, 

5 according to such an agency or association, 

6 making reasonable progress toward accredita7 tion. 

8 ‘‘(3) ENDOWMENT FUND.—The term ‘endow9 ment fund’ has the meaning given the term in sec10 tion 312. 

11 ‘‘(4) ENROLLMENT OF NEEDY STUDENTS.— 

12 The term ‘enrollment of needy students’ means the 

13 enrollment at an eligible institution with respect to 

14 which not less than 50 percent of the undergraduate 

15 students enrolled in an academic program leading to 

16 a degree— 

17 ‘‘(A) in the second fiscal year preceding 

18 the fiscal year for which the determination is 

19 made, were Federal Pell Grant recipients for 

20 such year; 

21 ‘‘(B) come from families that receive bene22 fits under a means-tested Federal benefit pro23 gram; 

24 ‘‘(C) attended a public or nonprofit private 

25 secondary school— 


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1 ‘‘(i) that is in the school district of a 

2 local educational agency that was eligible 

3 for assistance under part A of title I of the 

4 Elementary and Secondary Education Act 

5 of 1965 for any year during which the stu6 dent attended such secondary school; and 

7 ‘‘(ii) which for the purpose of this 

8 paragraph and for that year was deter9 mined by the Secretary (pursuant to regu10 lations and after consultation with the 

11 State educational agency of the State in 

12 which the school is located) to be a school 

13 in which the enrollment of children counted 

14 under section 1113(a)(5) of such Act ex15 ceeds 30 percent of the total enrollment of 

16 such school; or 

17 ‘‘(D) are first-generation college students 

18 and a majority of such first-generation college 

19 students are low-income individuals. 

20 ‘‘(5) FIRST GENERATION COLLEGE STUDENT.— 

21 The term ‘first generation college student’ has the 

22 meaning given the term in section 402A(g). 

23 ‘‘(6) LOW-INCOME INDIVIDUAL.—The term 

24 ‘low-income individual’ has the meaning given such 

25 term in section 402A(g). 


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1 ‘‘(7) MEANS-TESTED FEDERAL BENEFIT PRO2 GRAM.—The term ‘means-tested Federal benefit pro3 gram’ means a program of the Federal Government, 

4 other than a program under title IV, in which eligi5 bility for the program’s benefits, or the amount of 

6 such benefits, are determined on the basis of income 

7 or resources of the individual or family seeking the 

8 benefit. 

9 ‘‘(8) PREDOMINANTLY BLACK INSTITUTION.— 

10 The term ‘Predominantly Black Institution’ means 

11 an institution of higher education, as defined in sec12 tion 101(a)— 

13 ‘‘(A) that is an eligible institution with not 

14 less than 1,000 undergraduate students; 

15 ‘‘(B) at which not less than 50 percent of 

16 the undergraduate students enrolled at the eli17 gible institution are low-income individuals or 

18 first generation college students; and 

19 ‘‘(C) at which not less than 50 percent of 

20 the undergraduate students are enrolled in an 

21 educational program leading to a bachelor’s or 

22 associate’s degree that the eligible institution is 

23 licensed to award by the State in which the eli24 gible institution is located. 


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1 ‘‘(9) STATE.—The term ‘State’ means each of 

2 the 50 States and the District of Columbia. 

3 ‘‘(c) GRANT AUTHORITY.— 

4 ‘‘(1) IN GENERAL.—The Secretary is authorized 

5 to award grants, from allotments under subsection 

6 (e), to Predominantly Black Institutions to enable 

7 the Predominantly Black Institutions to carry out 

8 the authorized activities described in subsection (d). 

9 ‘‘(2) PRIORITY.—In awarding grants under this 

10 section the Secretary shall give priority to Predomi11 nantly Black Institutions with large numbers or per12 centages of students described in subsections 

13 (b)(2)(A) or (b)(2)(C). The level of priority given to 

14 Predominantly Black Institutions with large num15 bers or percentages of students described in sub16 section (b)(2)(A) shall be twice the level of priority 

17 given to Predominantly Black Institutions with large 

18 numbers or percentages of students described in 

19 subsection (b)(2)(C). 

20 ‘‘(d) AUTHORIZED ACTIVITIES.— 

21 ‘‘(1) REQUIRED ACTIVITIES.—Grant funds pro22 vided under this section shall be used— 

23 ‘‘(A) to assist the Predominantly Black In24 stitution to plan, develop, undertake, and imple25 ment programs to enhance the institution’s caVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00463 Fmt 6652 Sfmt 6401 E:\BILLS\S1642.RS S1642

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1 pacity to serve more low- and middle-income 

2 Black American students; 

3 ‘‘(B) to expand higher education opportu4 nities for students eligible to participate in pro5 grams under title IV by encouraging college 

6 preparation and student persistence in sec7 ondary school and postsecondary education; and 

8 ‘‘(C) to strengthen the financial ability of 

9 the Predominantly Black Institution to serve 

10 the academic needs of the students described in 

11 subparagraphs (A) and (B). 

12 ‘‘(2) ADDITIONAL ACTIVITIES.—Grant funds 

13 provided under this section shall be used for 1 or 

14 more of the following activities: 

15 ‘‘(A) The activities described in paragraphs 

16 (1) through (11) of section 311(c). 

17 ‘‘(B) Academic instruction in disciplines in 

18 which Black Americans are underrepresented. 

19 ‘‘(C) Establishing or enhancing a program 

20 of teacher education designed to qualify stu21 dents to teach in a public elementary school or 

22 secondary school in the State that shall include, 

23 as part of such program, preparation for teach24 er certification or licensure. 


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1 ‘‘(D) Establishing community outreach 

2 programs that will encourage elementary school 

3 and secondary school students to develop the 

4 academic skills and the interest to pursue post5 secondary education. 

6 ‘‘(E) Other activities proposed in the appli7 cation submitted pursuant to subsection (f) 

8 that— 

9 ‘‘(i) contribute to carrying out the 

10 purpose of this section; and 

11 ‘‘(ii) are approved by the Secretary as 

12 part of the review and approval of an ap13 plication submitted under subsection (f). 

14 ‘‘(3) ENDOWMENT FUND.— 

15 ‘‘(A) IN GENERAL.—A Predominantly 

16 Black Institution may use not more than 20 

17 percent of the grant funds provided under this 

18 section to establish or increase an endowment 

19 fund at the institution. 

20 ‘‘(B) MATCHING REQUIREMENT.—In order 

21 to be eligible to use grant funds in accordance 

22 with subparagraph (A), a Predominantly Black 

23 Institution shall provide matching funds from 

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1 ance with subparagraph (A), for the establish2 ment or increase of the endowment fund. 

3 ‘‘(C) COMPARABILITY.—The provisions of 

4 part C of title III, regarding the establishment 

5 or increase of an endowment fund, that the 

6 Secretary determines are not inconsistent with 

7 this subsection, shall apply to funds used under 

8 subparagraph (A). 

9 ‘‘(4) LIMITATION.—Not more than 50 percent 

10 of the grant funds provided to a Predominantly 

11 Black Institution under this section may be available 

12 for the purpose of constructing or maintaining a 

13 classroom, library, laboratory, or other instructional 

14 facility. 

15 ‘‘(e) ALLOTMENTS TO PREDOMINANTLY BLACK IN16 STITUTIONS.— 

17 ‘‘(1) FEDERAL PELL GRANT BASIS.—From the 

18 amounts appropriated to carry out this section for 

19 any fiscal year, the Secretary shall allot to each Pre20 dominantly Black Institution having an application 

21 approved under subsection (f) a sum that bears the 

22 same ratio to one-half of that amount as the number 

23 of Federal Pell Grant recipients in attendance at 

24 such institution at the end of the academic year pre25 ceding the beginning of that fiscal year, bears to the 


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1 total number of Federal Pell Grant recipients at all 

2 such institutions at the end of such academic year. 

3 ‘‘(2) GRADUATES BASIS.—From the amounts 

4 appropriated to carry out this section for any fiscal 

5 year, the Secretary shall allot to each Predominantly 

6 Black Institution having an application approved 

7 under subsection (f) a sum that bears the same ratio 

8 to one-fourth of that amount as the number of grad9 uates for such academic year at such institution, 

10 bears to the total number of graduates for such aca11 demic year at all such institutions. 

12 ‘‘(3) GRADUATES SEEKING A HIGHER DEGREE

13 BASIS.—From the amounts appropriated to carry 

14 out this section for any fiscal year, the Secretary 

15 shall allot to each Predominantly Black Institution 

16 having an application approved under subsection (f) 

17 a sum that bears the same ratio to one-fourth of 

18 that amount as the percentage of graduates from 

19 such institution who are admitted to and in attend20 ance at, not later than 2 years after graduation with 

21 an associate’s degree or a baccalaureate degree, a 

22 baccalaureate degree-granting institution or a grad23 uate or professional school in a degree program in 

24 disciplines in which Black American students are 


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1 underrepresented, bears to the percentage of such 

2 graduates for all such institutions. 

3 ‘‘(4) MINIMUM ALLOTMENT.— 

4 ‘‘(A) IN GENERAL.—Notwithstanding 

5 paragraphs (1), (2), and (3), the amount allot6 ted to each Predominantly Black Institution 

7 under this section shall not be less than 

8 $250,000. 

9 ‘‘(B) INSUFFICIENT AMOUNT.—If the 

10 amount appropriated pursuant to subsection (i) 

11 for a fiscal year is not sufficient to pay the min12 imum allotment provided under subparagraph 

13 (A) for the fiscal year, then the amount of such 

14 minimum allotment shall be ratably reduced. If 

15 additional sums become available for such fiscal 

16 year, such reduced allotment shall be increased 

17 on the same basis as the allotment was reduced 

18 until the amount allotted equals the minimum 

19 allotment required under subparagraph (A). 

20 ‘‘(5) REALLOTMENT.—The amount of a Pre21 dominantly Black Institution’s allotment under para22 graph (1), (2), (3), or (4) for any fiscal year that 

23 the Secretary determines will not be required for 

24 such institution for the period such allotment is 

25 available, shall be available for reallotment to other 


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1 Predominantly Black Institutions in proportion to 

2 the original allotment to such other institutions 

3 under this section for such fiscal year. The Secretary 

4 shall reallot such amounts from time to time, on 

5 such date and during such period as the Secretary 

6 determines appropriate. 

7 ‘‘(f) APPLICATIONS.—Each Predominantly Black In8 stitution desiring a grant under this section shall submit 

9 an application to the Secretary at such time, in such man10 ner, and containing or accompanied by such information 

11 as the Secretary may reasonably require. 

12 ‘‘(g) PROHIBITION.—No Predominantly Black Insti13 tution that applies for and receives a grant under this sec14 tion may apply for or receive funds under any other pro15 gram under part A or part B of title III. 

16 ‘‘(h) DURATION AND CARRYOVER.—Any grant funds 

17 paid to a Predominantly Black Institution under this sec18 tion that are not expended or used for the purposes for 

19 which the funds were paid within 10 years following the 

20 date on which the grant was awarded, shall be repaid to 

21 the Treasury. 

22 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated to carry out this section 

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

25 each of 5 succeeding fiscal years. 


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1 ‘‘PART J—EARLY CHILDHOOD EDUCATION PRO2 FESSIONAL DEVELOPMENT AND CAREER 

3 TASK FORCE 

4 ‘‘SEC. 851. SHORT TITLE. 

5 ‘‘This part may be cited as the ‘Early Childhood Edu6 cation Professional Development and Career Task Force 

7 Act’. 

8 ‘‘SEC. 852. PURPOSE. 

9 ‘‘It is the purpose of this part— 

10 ‘‘(1) to improve the quality of the early child11 hood education workforce by creating a statewide 

12 early childhood education professional development 

13 and career task force for early childhood education 

14 program staff, directors, and administrators; and 

15 ‘‘(2) to create— 

16 ‘‘(A) a coherent system of core com17 petencies, pathways to qualifications, creden18 tials, degrees, quality assurances, access, and 

19 outreach, for early childhood education program 

20 staff, directors, and administrators, that is 

21 linked to compensation commensurate with ex22 perience and qualifications; 

23 ‘‘(B) articulation agreements that enable 

24 early childhood education professionals to tran25 sition easily among degrees; and 


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1 ‘‘(C) compensation initiatives for individ2 uals working in an early childhood education 

3 program that reflect the individuals’ credentials, 

4 degrees, and experience. 

5 ‘‘SEC. 853. DEFINITION OF EARLY CHILDHOOD EDUCATION 

6 PROGRAM. 

7 ‘‘In this part, the term ‘early childhood education 

8 program’ means— 

9 ‘‘(1) a family child care program, center-based 

10 child care program, State prekindergarten program, 

11 or school-based program, that— 

12 ‘‘(A) provides early childhood education; 

13 ‘‘(B) uses developmentally appropriate 

14 practices; 

15 ‘‘(C) is licensed or regulated by the State; 

16 and 

17 ‘‘(D) serves children from birth through 

18 age 5; 

19 ‘‘(2) a Head Start Program carried out under 

20 the Head Start Act; or 

21 ‘‘(3) an Early Head Start Program carried out 

22 under section 645A of the Head Start Act. 


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1 ‘‘SEC. 854. GRANTS AUTHORIZED. 

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

3 award grants to States in accordance with the provisions 

4 of this part to enable such States— 

5 ‘‘(1) to establish a State Task Force described 

6 in section 855; and 

7 ‘‘(2) to support activities of the State Task 

8 Force described in section 856. 

9 ‘‘(b) COMPETITIVE BASIS.—Grants under this part 

10 shall be awarded on a competitive basis. 

11 ‘‘(c) EQUITABLE GEOGRAPHIC DISTRIBUTION.—In 

12 awarding grants under this part, the Secretary shall take 

13 into consideration providing an equitable geographic dis14 tribution of such grants. 

15 ‘‘(d) DURATION.—Grants under this part shall be 

16 awarded for a period of 5 years. 

17 ‘‘SEC. 855. STATE TASK FORCE ESTABLISHMENT. 

18 ‘‘(a) STATE TASK FORCE ESTABLISHED.—The Gov19 ernor of a State receiving a grant under this part shall 

20 establish, or designate an existing entity to serve as, the 

21 State Early Childhood Education Professional Develop22 ment and Career Task Force (hereafter in this part re23 ferred to as the ‘State Task Force’). 

24 ‘‘(b) MEMBERSHIP.—The State Task Force shall in25 clude a representative of a State agency, an institution 

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1 laureate degree granting institution of higher education), 

2 an early childhood education program, a nonprofit early 

3 childhood organization, a statewide early childhood work4 force scholarship or supplemental initiative, and any other 

5 entity or individual the Governor determines appropriate. 

6 ‘‘SEC. 856. STATE TASK FORCE ACTIVITIES. 

7 ‘‘(a) ACTIVITIES.—The State Task Force shall— 

8 ‘‘(1) coordinate and communicate regularly with 

9 the State Advisory Council on Early Care and Edu10 cation (hereafter in this part referred to as ‘State 

11 Advisory Council’) or a similar State entity charged 

12 with creating a comprehensive system of early care 

13 and education in the State, for the purposes of— 

14 ‘‘(A) integrating recommendations for 

15 early childhood professional development and 

16 career activities into the plans of the State Ad17 visory Council; and 

18 ‘‘(B) assisting in the implementation of 

19 professional development and career activities 

20 that are consistent with the plans described in 

21 subparagraph (A); 

22 ‘‘(2) conduct a review of opportunities for and 

23 barriers to high quality professional development, 

24 training, and higher education degree programs, in 

25 early childhood development and learning, including 


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1 a periodic statewide survey concerning the demo2 graphics of individuals working in early childhood 

3 education programs in the State, which survey shall 

4 include information disaggregated by— 

5 ‘‘(A) race, gender, and ethnicity; 

6 ‘‘(B) compensation levels; 

7 ‘‘(C) type of early childhood education pro8 gram setting; 

9 ‘‘(D) specialized knowledge of child devel10 opment; 

11 ‘‘(E) years of experience in an early child12 hood education program; and 

13 ‘‘(F) attainment of— 

14 ‘‘(i) academic credit for coursework; 

15 ‘‘(ii) an academic degree; 

16 ‘‘(iii) a credential; 

17 ‘‘(iv) licensure; or 

18 ‘‘(v) certification in early childhood 

19 education; and 

20 ‘‘(3) develop a plan for a comprehensive state21 wide professional development and career system for 

22 individuals working in early childhood education pro23 grams or for early childhood education providers, 

24 which plan shall include— 


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1 ‘‘(A) methods of providing outreach to 

2 early childhood education program staff, direc3 tors, and administrators, including methods for 

4 how outreach is provided to non-English speak5 ing providers, in order to enable the providers 

6 to be aware of opportunities and resources 

7 under the statewide plan; 

8 ‘‘(B) developing a unified data collection 

9 and dissemination system for early childhood 

10 education training, professional development, 

11 and higher education programs; 

12 ‘‘(C) increasing the participation of early 

13 childhood educators in high quality training and 

14 professional development by assisting in paying 

15 the costs of enrollment in and completion of 

16 such training and professional development 

17 courses; 

18 ‘‘(D) increasing the participation of early 

19 childhood educators in postsecondary education 

20 programs leading to degrees in early childhood 

21 education by providing assistance to pay the 

22 costs of enrollment in and completion of such 

23 postsecondary education programs, which as24 sistance— 


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1 ‘‘(i) shall only be provided to an indi2 vidual who— 

3 ‘‘(I) enters into an agreement 

4 under which the individual agrees to 

5 work, for a reasonable number of 

6 years after receiving such a degree, in 

7 an early childhood education program 

8 that is located in a low-income area; 

9 and 

10 ‘‘(II) has a family income equal 

11 to or less than the annually adjusted 

12 national median family income as de13 termined by the Bureau of the Cen14 sus; and 

15 ‘‘(ii) shall be provided in an amount 

16 that does not exceed $17,500; 

17 ‘‘(E) supporting professional development 

18 activities and a career lattice for a variety of 

19 early childhood professional roles with varying 

20 professional qualifications and responsibilities 

21 for early childhood education personnel, includ22 ing strategies to enhance the compensation of 

23 such personnel; 

24 ‘‘(F) supporting articulation agreements 

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1 tutions of higher education and mechanisms to 

2 transform other training, professional develop3 ment, and experience into academic credit; 

4 ‘‘(G) developing mentoring and coaching 

5 programs to support new educators in and di6 rectors of early childhood education programs; 

7 ‘‘(H) providing career development advis8 ing with respect to the field of early childhood 

9 education, including informing an individual re10 garding— 

11 ‘‘(i) entry into and continuing edu12 cation requirements for professional roles 

13 in the field; 

14 ‘‘(ii) available financial assistance; 

15 and 

16 ‘‘(iii) professional development and ca17 reer advancement in the field; 

18 ‘‘(I) enhancing the quality of faculty and 

19 coursework in postsecondary programs that lead 

20 to an associate, baccalaureate, or graduate de21 gree in early childhood education; 

22 ‘‘(J) consideration of the availability of on23 line graduate level professional development of24 fered by institutions of higher education with 

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1 lishing programs in child development, in order 

2 to improve the skills and expertise of individ3 uals working in early childhood education pro4 grams; and 

5 ‘‘(K) developing or enhancing a system of 

6 quality assurance with respect to the early 

7 childhood education professional development 

8 and career system, including standards or quali9 fications for individuals and entities who offer 

10 training and professional development in early 

11 childhood education. 

12 ‘‘(b) PUBLIC HEARINGS.—The State Task Force 

13 shall hold public hearings and provide an opportunity for 

14 public comment on the activities described in the statewide 

15 plan described in subsection (a)(3). 

16 ‘‘(c) PERIODIC REVIEW.—The State Task Force shall 

17 meet periodically to review implementation of the state18 wide plan and to recommend any changes to the statewide 

19 plan the State Task Force determines necessary. 

20 ‘‘SEC. 857. STATE APPLICATION AND REPORT. 

21 ‘‘(a) IN GENERAL.—Each State desiring a grant 

22 under this part shall submit an application to the Sec23 retary at such time, in such manner, and accompanied by 

24 such information as the Secretary may reasonably require. 

25 Each such application shall include a description of— 


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1 ‘‘(1) the membership of the State Task Force; 

2 ‘‘(2) the activities for which the grant assist3 ance will be used; 

4 ‘‘(3) other Federal, State, local, and private re5 sources that will be available to support the activi6 ties of the State Task Force described in section 

7 856; 

8 ‘‘(4) the availability within the State of train9 ing, early childhood educator preparation, profes10 sional development, compensation initiatives, and ca11 reer systems, related to early childhood education; 

12 and 

13 ‘‘(5) the resources available within the State for 

14 such training, educator preparation, professional de15 velopment, compensation initiatives, and career sys16 tems. 

17 ‘‘(b) REPORT TO THE SECRETARY.—Not later than 

18 2 years after receiving a grant under this part, a State 

19 shall submit a report to the Secretary that shall describe— 

20 ‘‘(1) other Federal, State, local, and private re21 sources that will be used in combination with a 

22 grant under this section to develop or expand the 

23 State’s early childhood education professional devel24 opment and career activities; 


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1 ‘‘(2) the ways in which the State Advisory 

2 Council (or similar State entity) will coordinate the 

3 various State and local activities that support the 

4 early childhood education professional development 

5 and career system; and 

6 ‘‘(3) the ways in which the State Task Force 

7 will use funds provided under this part and carry 

8 out the activities described in section 856. 

9 ‘‘SEC. 858. EVALUATIONS. 

10 ‘‘(a) STATE EVALUATION.—Each State receiving a 

11 grant under this part shall— 

12 ‘‘(1) evaluate the activities that are assisted 

13 under this part in order to determine— 

14 ‘‘(A) the effectiveness of the activities in 

15 achieving State goals; 

16 ‘‘(B) the impact of a career lattice for indi17 viduals working in early childhood education 

18 programs; 

19 ‘‘(C) the impact of the activities on licens20 ing or regulating requirements for individuals 

21 in the field of early childhood development; 

22 ‘‘(D) the impact of the activities, and the 

23 impact of the statewide plan described in sec24 tion 856(a)(3), on the quality of education, pro25 fessional development, and training related to 


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1 early childhood education programs that are of2 fered in the State; 

3 ‘‘(E) the change in compensation and re4 tention of individuals working in early childhood 

5 education programs within the State resulting 

6 from the activities; and 

7 ‘‘(F) the impact of the activities on the de8 mographic characteristics of individuals working 

9 in early childhood education programs; and 

10 ‘‘(2) submit a report at the end of the grant pe11 riod to the Secretary regarding the evaluation de12 scribed in paragraph (1). 

13 ‘‘(b) SECRETARY’S EVALUATION.—Not later than 

14 September 30, 2013, the Secretary, in consultation with 

15 the Secretary of Health and Human Services, shall pre16 pare and submit to the authorizing committees an evalua17 tion of the State reports submitted under subsection 

18 (a)(2). 

19 ‘‘SEC. 859. AUTHORIZATION OF APPROPRIATIONS. 

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

21 this part such sums as may be necessary for fiscal year 

22 2008 and each of the 5 succeeding fiscal years. 


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1 ‘‘PART K—IMPROVING SCIENCE, TECHNOLOGY, 

2 ENGINEERING, AND MATHEMATICS EDU3 CATION WITH A FOCUS ON ALASKA NATIVE 

4 AND NATIVE HAWAIIAN STUDENTS 

5 ‘‘SEC. 861. IMPROVING SCIENCE, TECHNOLOGY, ENGINEER6 ING, AND MATHEMATICS EDUCATION WITH A 

7 FOCUS ON ALASKA NATIVE AND NATIVE HA8 WAIIAN STUDENTS. 

9 ‘‘(a) PURPOSE.—The purpose of this section is— 

10 ‘‘(1) to develop or expand programs for the de11 velopment of professionals in the fields of science, 

12 technology, engineering, and mathematics; and 

13 ‘‘(2) to focus resources on meeting the edu14 cational and cultural needs of Alaska Natives and 

15 Native Hawaiians. 

16 ‘‘(b) DEFINITIONS.—In this section: 

17 ‘‘(1) ALASKA NATIVE.—The term ‘Alaska Na18 tive’ has the meaning given the term ‘Native’ in sec19 tion 3(b) of the Alaska Natives Claims Settlement 

20 Act (43 U.S.C. 1602(b)). 

21 ‘‘(2) INSTITUTION OF HIGHER EDUCATION.— 

22 The term ‘institution of higher education’ has the 

23 meaning given the term in section 101(a). 

24 ‘‘(3) ELIGIBLE PARTNERSHIP.—The term ‘eligi25 ble partnership’ means a partnership that includes— 


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1 ‘‘(A) 1 or more colleges or schools of engi2 neering; 

3 ‘‘(B) 1 or more colleges of science, engi4 neering, or mathematics; 

5 ‘‘(C) 1 or more institutions of higher edu6 cation that offer 2-year degrees; and 

7 ‘‘(D) 1 or more private entities that con8 duct career awareness activities showcasing 

9 local technology professionals, develop intern10 ships and apprenticeships in partnership with 

11 relevant industries, and assist with the place12 ment of interns and apprentices. 

13 ‘‘(4) NATIVE HAWAIIAN.—The term ‘Native 

14 Hawaiian’ has the meaning given the term in section 

15 7207 of the Elementary and Secondary Education 

16 Act of 1965. 

17 ‘‘(c) GRANT AUTHORIZED.—The Secretary is author18 ized to award a grant to an eligible partnership to enable 

19 the eligible partnership to expand programs for the devel20 opment of science, technology, engineering, or mathe21 matics professionals, from elementary school through col22 lege, including existing programs for Alaska Native and 

23 Native Hawaiian students. 

24 ‘‘(d) USES OF FUNDS.—Grant funds under this sec25 tion shall be used for 1 or more of the following: 


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1 ‘‘(1) Development or implementation of cul2 tural, social, or educational transition programs to 

3 assist students to transition into college life and aca4 demics in order to increase such students’ retention 

5 rates in the fields of science, technology, engineer6 ing, or mathematics, with a focus on Alaska Native 

7 or Native Hawaiian students. 

8 ‘‘(2) Development or implementation of aca9 demic support or supplemental educational programs 

10 to increase the graduation rates of students in the 

11 fields of science, technology, engineering, or mathe12 matics, with a focus on Alaska Native and Native 

13 Hawaiian students. 

14 ‘‘(3) Development or implementation of intern15 ship programs, carried out in coordination with edu16 cational institutions and private entities, to prepare 

17 students for careers in the fields of science, tech18 nology, engineering, or mathematics, with a focus on 

19 programs that serve Alaska Native or Native Hawai20 ian students. 

21 ‘‘(4) Such other activities that are consistent 

22 with the purposes of this section. 

23 ‘‘(e) APPLICATION.—Each eligible partnership that 

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1 tion to the Secretary at such time, in such manner, and 

2 containing such information as the Secretary may require. 

3 ‘‘(f) PRIORITY.—In awarding grants under this sec4 tion, the Secretary shall give priority to an eligible part5 nership that provides 1 or more programs in which 30 per6 cent or more of the program participants are Alaska Na7 tive or Native Hawaiian. 

8 ‘‘(g) PERIOD OF GRANT.—A grant under this section 

9 shall be awarded for a period of 5 years. 

10 ‘‘(h) EVALUATION AND REPORT.—Each eligible part11 nership that receives a grant under this section shall con12 duct an evaluation to determine the effectiveness of the 

13 programs funded under the grant and shall provide a re14 port regarding the evaluation to the Secretary not later 

15 than 6 months after the end of the grant period. 

16 ‘‘(i) 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. 

20 ‘‘PART L—PILOT PROGRAM TO INCREASE 

21 PERSISTENCE IN COMMUNITY COLLEGES 

22 ‘‘SEC. 865. PILOT PROGRAM TO INCREASE PERSISTENCE IN 

23 COMMUNITY COLLEGES. 

24 ‘‘(a) DEFINITIONS.—In this section: 


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1 ‘‘(1) INSTITUTION OF HIGHER EDUCATION.— 

2 Except as otherwise provided in this section, the 

3 term ‘institution of higher education’ means an in4 stitution of higher education, as defined in section 

5 101, that provides a 1- or 2-year program of study 

6 leading to a degree or certificate. 

7 ‘‘(2) ELIGIBLE STUDENT.—The term ‘eligible 

8 student’ means a student who— 

9 ‘‘(A) meets the requirements of section 

10 484(a); 

11 ‘‘(B) is enrolled at least half time; 

12 ‘‘(C) is not younger than age 19 and not 

13 older than age 33; 

14 ‘‘(D) is the parent of at least 1 dependent 

15 child, which dependent child is age 18 or 

16 younger; 

17 ‘‘(E) has a family income below 200 per18 cent of the poverty line; 

19 ‘‘(F) has a secondary school diploma or its 

20 recognized equivalent, and earned a passing 

21 score on a college entrance examination; and 

22 ‘‘(G) does not have a degree or occupa23 tional certificate from an institution of higher 

24 education, as defined in section 101 or 102(a). 


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1 ‘‘(b) PROGRAM AUTHORIZED.—The Secretary is au2 thorized to award grants, on a competitive basis, to insti3 tutions of higher education to enable the institutions of 

4 higher education to provide additional monetary and non5 monetary support to eligible students to enable the eligible 

6 students to maintain enrollment and complete degree or 

7 certificate programs. 

8 ‘‘(c) USES OF FUNDS.— 

9 ‘‘(1) REQUIRED USES.—Each institution of 

10 higher education receiving a grant under this section 

11 shall use the grant funds— 

12 ‘‘(A) to provide scholarships in accordance 

13 with subsection (d); and 

14 ‘‘(B) to provide counseling services in ac15 cordance with subsection (e). 

16 ‘‘(2) ALLOWABLE USES OF FUNDS.—Grant 

17 funds provided under this section may be used— 

18 ‘‘(A) to conduct outreach to make students 

19 aware of the scholarships and counseling serv20 ices available under this section and to encour21 age the students to participate in the program 

22 assisted under this section; 

23 ‘‘(B) to provide gifts of $20 or less, such 

24 as a store gift card, to applicants who complete 

25 the process of applying for assistance under this 


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1 section, as an incentive and as compensation for 

2 the student’s time; and 

3 ‘‘(C) to evaluate the success of the pro4 gram. 

5 ‘‘(d) SCHOLARSHIP REQUIREMENTS.— 

6 ‘‘(1) IN GENERAL.—Each scholarship awarded 

7 under this section shall— 

8 ‘‘(A) be awarded for 1 academic year; 

9 ‘‘(B) be awarded in the amount of $1,000 

10 for each of 2 semesters (prorated for quarters), 

11 or $2,000 for an academic year; 

12 ‘‘(C) require the student to maintain dur13 ing the scholarship period at least half-time en14 rollment and a 2.0 or C grade point average; 

15 and 

16 ‘‘(D) be paid in increments of— 

17 ‘‘(i) $250 upon enrollment (prorated 

18 for quarters); 

19 ‘‘(ii) $250 upon passing midterm ex20 aminations (prorated for quarters); and 

21 ‘‘(iii) $500 upon passing courses (pro22 rated for quarters). 

23 ‘‘(2) NUMBER.—An institution may award an 

24 eligible student not more than 2 scholarships under 

25 this section. 


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1 ‘‘(e) COUNSELING SERVICES.— 

2 ‘‘(1) IN GENERAL.—Each institution of higher 

3 education receiving a grant under this section shall 

4 use the grant funds to provide students at the insti5 tution with a counseling staff dedicated to students 

6 participating in the program under this section. 

7 Each such counselor shall— 

8 ‘‘(A) have a caseload of less than 125 stu9 dents; 

10 ‘‘(B) use a proactive, team-oriented ap11 proach to counseling; 

12 ‘‘(C) hold a minimum of 2 meetings with 

13 students each semester; and 

14 ‘‘(D) provide referrals to and follow-up 

15 with other student services staff, including fi16 nancial and career services. 

17 ‘‘(2) COUNSELING SERVICES AVAILABILITY.— 

18 The counseling services provided under this section 

19 shall be available to participating students during 

20 the daytime and evening hours. 

21 ‘‘(f) APPLICATION.—An institution of higher edu22 cation that desires to receive a grant under this section 

23 shall submit an application to the Secretary at such time, 

24 in such manner, and containing such information as the 

25 Secretary may require, including— 


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1 ‘‘(1) the number of students to be served under 

2 this section; 

3 ‘‘(2) a description of the scholarships and coun4 seling services that will be provided under this sec5 tion; and 

6 ‘‘(3) a description of how the program under 

7 this section will be evaluated. 

8 ‘‘(g) PERIOD OF GRANT.—The Secretary may award 

9 a grant under this section for a period of 5 years. 

10 ‘‘(h) EVALUATION.— 

11 ‘‘(1) IN GENERAL.—Each institution of higher 

12 education receiving a grant under this section shall 

13 conduct an annual evaluation of the impact of the 

14 grant and shall provide the evaluation to the Sec15 retary. The Secretary shall disseminate to the public 

16 the findings, information on best practices, and les17 sons learned, with respect to the evaluations. 

18 ‘‘(2) RANDOM ASSIGNMENT RESEARCH DE19 SIGN.—The evaluation shall be conducted using a 

20 random assignment research design with the fol21 lowing requirements: 

22 ‘‘(A) When students are recruited for the 

23 program, all students will be told about the pro24 gram and the evaluation. 


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1 ‘‘(B) Baseline data will be collected from 

2 all applicants for assistance under this section. 

3 ‘‘(C) Students will be assigned randomly to 

4 2 groups, which will consist of— 

5 ‘‘(i) a program group that will receive 

6 the scholarship and the additional coun7 seling services; and 

8 ‘‘(ii) a control group that will receive 

9 whatever regular financial aid and coun10 seling services are available to all students 

11 at the institution of higher education. 

12 ‘‘(3) PREVIOUS COHORTS.—In conducting the 

13 evaluation for the second and third years of the pro14 gram, each institution of higher education shall in15 clude information on previous cohorts of students as 

16 well as students in the current program year. 

17 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated to carry out this section 

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

20 each of the 5 succeeding fiscal years. 

21 ‘‘PART M—STUDENT SAFETY AND CAMPUS 

22 EMERGENCY MANAGEMENT 

23 ‘‘SEC. 871. STUDENT SAFETY AND CAMPUS EMERGENCY 

24 MANAGEMENT. 

25 ‘‘(a) GRANTS AUTHORIZED.— 


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1 ‘‘(1) IN GENERAL.—The Secretary is authorized 

2 to award grants, on a competitive basis, to institu3 tions of higher education or consortia of institutions 

4 of higher education to enable institutions of higher 

5 education or consortia to pay the Federal share of 

6 the cost of carrying out the authorized activities de7 scribed in subsection (c). 

8 ‘‘(2) CONSULTATION WITH THE ATTORNEY

9 GENERAL AND THE SECRETARY OF HOMELAND SE10 CURITY.—Where appropriate, the Secretary shall 

11 award grants under this section in consultation with 

12 the Attorney General of the United States and the 

13 Secretary of Homeland Security. 

14 ‘‘(3) DURATION.—The Secretary shall award 

15 each grant under this section for a period of 2 years. 

16 ‘‘(4) LIMITATION ON INSTITUTIONS AND CON17 SORTIA.—An institution of higher education or con18 sortium shall be eligible for only 1 grant under this 

19 section. 

20 ‘‘(b) FEDERAL SHARE; NON-FEDERAL SHARE.— 

21 ‘‘(1) IN GENERAL.—The Federal share shall be 

22 50 percent. 

23 ‘‘(2) NON-FEDERAL SHARE.—The non-Federal 

24 share shall be provided from other Federal, State, 


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1 and local resources dedicated to emergency pre2 paredness and response. 

3 ‘‘(c) AUTHORIZED ACTIVITIES.—Each institution of 

4 higher education or consortium receiving a grant under 

5 this section may use the grant funds to carry out 1 or 

6 more of the following: 

7 ‘‘(1) Developing and implementing a state-of8 the-art emergency communications system for each 

9 campus of an institution of higher education or con10 sortium, in order to contact students via cellular, 

11 text message, or other state-of-the-art communica12 tions methods when a significant emergency or dan13 gerous situation occurs. An institution or consortium 

14 using grant funds to carry out this paragraph shall 

15 also, in coordination with the appropriate State and 

16 local emergency management authorities— 

17 ‘‘(A) develop procedures that students, em18 ployees, and others on a campus of an institu19 tion of higher education or consortium will be 

20 directed to follow in the event of a significant 

21 emergency or dangerous situation; and 

22 ‘‘(B) develop procedures the institution of 

23 higher education or consortium shall follow to 

24 inform, within a reasonable and timely manner, 

25 students, employees, and others on a campus in 


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1 the event of a significant emergency or dan2 gerous situation, which procedures shall include 

3 the emergency communications system de4 scribed in this paragraph. 

5 ‘‘(2) Supporting measures to improve safety at 

6 the institution of higher education or consortium, 

7 such as— 

8 ‘‘(A) security assessments; 

9 ‘‘(B) security training of personnel and 

10 students at the institution of higher education 

11 or consortium; 

12 ‘‘(C) where appropriate, coordination of 

13 campus preparedness and response efforts with 

14 local law enforcement, local emergency manage15 ment authorities, and other agencies, to im16 prove coordinated responses in emergencies 

17 among such entities; and 

18 ‘‘(D) establishing a hotline that allows a 

19 student or staff member at an institution or 

20 consortium to report another student or staff 

21 member at the institution or consortium who 

22 the reporting student or staff member believes 

23 may be a danger to the reported student or 

24 staff member or to others. 


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1 ‘‘(3) Coordinating with appropriate local enti2 ties the provision of, mental health services for stu3 dents enrolled in the institution of higher education 

4 or consortium, including mental health crisis re5 sponse and intervention services, to individuals af6 fected by a campus or community emergency. 

7 ‘‘(d) APPLICATION.—Each institution of higher edu8 cation or consortium desiring a grant under this section 

9 shall submit an application to the Secretary at such time, 

10 in such manner, and containing such information as the 

11 Secretary may require. 

12 ‘‘(e) TECHNICAL ASSISTANCE.—The Secretary shall 

13 coordinate technical assistance provided by State and local 

14 emergency management agencies, the Department of 

15 Homeland Security, and other agencies as appropriate, to 

16 institutions of higher education or consortia that request 

17 assistance in developing and implementing the activities 

18 assisted under this section. 

19 ‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sec20 tion shall be construed— 

21 ‘‘(1) to provide a private right of action to any 

22 person to enforce any provision of this section; 

23 ‘‘(2) to create a cause of action against any in24 stitution of higher education or any employee of the 

25 institution for any civil liability; or 


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1 ‘‘(3) to affect the Family Educational Rights 

2 and Privacy Act of 1974 or the regulations issued 

3 under section 264 of the Health Insurance Port4 ability and Accountability Act of 1996 (42 U.S.C. 

5 1320d–2 note). 

6 ‘‘(g) 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 ‘‘SEC. 872. MODEL EMERGENCY RESPONSE POLICIES, PRO11 CEDURES, AND PRACTICES. 

12 ‘‘The Secretary of Education, the Attorney General 

13 of the United States, and the Secretary of Homeland Se14 curity shall jointly have the authority— 

15 ‘‘(1) to advise institutions of higher education 

16 on model emergency response policies, procedures, 

17 and practices; and 

18 ‘‘(2) to disseminate information concerning 

19 those policies, procedures, and practices.’’. 


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1 TITLE IX—AMENDMENTS TO 

2 OTHER LAWS 

3 PART A—EDUCATION OF THE DEAF ACT OF 1986 

4 SEC. 901. LAURENT CLERC NATIONAL DEAF EDUCATION 

5 CENTER. 

6 Section 104 of the Education of the Deaf Act of 1986 

7 (20 U.S.C. 4304) is amended— 

8 (1) by striking the section heading and insert9 ing ‘‘LAURENT CLERC NATIONAL DEAF EDU10 CATION CENTER’’; 

11 (2) in subsection (a)(1)(A), by inserting ‘‘the 

12 Laurent Clerc National Deaf Education Center (re13 ferred to in this section as the ‘Clerc Center’) to 

14 carry out’’ after ‘‘maintain and operate’’; and 

15 (3) in subsection (b)— 

16 (A) in the matter preceding subparagraph 

17 (A) of paragraph (1), by striking ‘‘elementary 

18 and secondary education programs’’ and insert19 ing ‘‘Clerc Center’’; 

20 (B) in paragraph (2), by striking ‘‘elemen21 tary and secondary education programs’’ and 

22 inserting ‘‘Clerc Center’’; and 

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


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1 ‘‘(5) The University, for purposes of the elementary 

2 and secondary education programs carried out at the Clerc 

3 Center, shall— 

4 ‘‘(A)(i) select challenging academic content 

5 standards, challenging student academic achieve6 ment standards, and academic assessments of a 

7 State, adopted and implemented, as appropriate, 

8 pursuant to paragraphs (1) and (3) of section 

9 1111(b) of the Elementary and Secondary Edu10 cation Act of 1965 (20 U.S.C. 6311(b)(1) and (3)) 

11 and approved by the Secretary; and 

12 ‘‘(ii) implement such standards and assess13 ments for such programs by not later than the be14 ginning of the 2009–2010 academic year; 

15 ‘‘(B) annually determine whether such pro16 grams at the Clerc Center are making adequate 

17 yearly progress, as determined according to the defi18 nition of adequate yearly progress defined (pursuant 

19 to section 1111(b)(2)(C) of such Act (20 U.S.C. 

20 6311(b)(2)(C))) by the State that has adopted and 

21 implemented the standards and assessments selected 

22 under subparagraph (A)(i); and 

23 ‘‘(C) publicly report the results of the academic 

24 assessments implemented under subparagraph (A) 

25 and whether the programs at the Clerc Center are 


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1 making adequate yearly progress, as determined 

2 under subparagraph (B).’’. 

3 SEC. 902. AGREEMENT WITH GALLAUDET UNIVERSITY. 

4 Section 105(b)(4) of the Education of the Deaf Act 

5 of 1986 (20 U.S.C. 4305(b)(4)) is amended— 

6 (1) by striking ‘‘the Act of March 3, 1931 (40 

7 U.S.C. 276a–276a–5) commonly referred to as the 

8 Davis-Bacon Act’’ and inserting ‘‘subchapter IV of 

9 chapter 31 of title 40, United States Code, com10 monly referred to as the Davis-Bacon Act’’; and 

11 (2) by striking ‘‘section 2 of the Act of June 

12 13, 1934 (40 U.S.C. 276c)’’ and inserting ‘‘section 

13 3145 of title 40, United States Code’’. 

14 SEC. 903. AGREEMENT FOR THE NATIONAL TECHNICAL IN15 STITUTE FOR THE DEAF. 

16 Section 112 of the Education of the Deaf Act of 1986 

17 (20 U.S.C. 4332) is amended— 

18 (1) in subsection (a)— 

19 (A) in paragraph (1)— 

20 (i) in the first sentence— 

21 (I) by striking ‘‘an institution of 

22 higher education’’ and inserting ‘‘the 

23 Rochester Institute of Technology, 

24 Rochester, New York’’; and 


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1 (II) by striking ‘‘of a’’ and in2 serting ‘‘of the’’; and 

3 (ii) by striking the second sentence; 

4 (B) by redesignating paragraph (2) as 

5 paragraph (3); and 

6 (C) by inserting after paragraph (1) the 

7 following: 

8 ‘‘(2) Notwithstanding the requirement under 

9 paragraph (1), if the Secretary or the Rochester In10 stitute of Technology terminates the agreement 

11 under paragraph (1), the Secretary shall consider 

12 proposals from other institutions of higher education 

13 and enter into an agreement with 1 of such institu14 tions for the establishment and operation of a Na15 tional Technical Institution for the Deaf.’’; and 

16 (2) in subsection (b)— 

17 (A) in paragraph (3), by striking ‘‘Com18 mittee on Labor and Human Resources of the 

19 Senate’’ and inserting ‘‘Committee on Health, 

20 Education, Labor, and Pensions of the Senate’’; 

21 and 

22 (B) in paragraph (5)— 

23 (i) by striking ‘‘the Act of March 3, 

24 1931 (40 U.S.C. 276a–276a–5) commonly 

25 referred to as the Davis-Bacon Act’’ and 


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1 inserting ‘‘subchapter IV of chapter 31 of 

2 title 40, United States Code, commonly re3 ferred to as the Davis-Bacon Act’’; and 

4 (ii) by striking ‘‘section 2 of the Act 

5 of June 13, 1934 (40 U.S.C. 276c)’’ and 

6 inserting ‘‘section 3145 of title 40, United 

7 States Code’’. 

8 SEC. 904. CULTURAL EXPERIENCES GRANTS. 

9 (a) CULTURAL EXPERIENCES GRANTS.—Title I of 

10 the Education of the Deaf Act of 1986 (20 U.S.C. 4301 

11 et seq.) is amended by adding at the end the following: 

12 ‘‘PART C—OTHER PROGRAMS 

13 ‘‘SEC. 121. CULTURAL EXPERIENCES GRANTS. 

14 ‘‘(a) IN GENERAL.—The Secretary shall, on a com15 petitive basis, make grants to, and enter into contracts 

16 and cooperative agreements with, eligible entities to sup17 port the activities described in subsection (b). 

18 ‘‘(b) ACTIVITIES.—In carrying out this section, the 

19 Secretary shall support activities providing cultural experi20 ences, through appropriate nonprofit organizations with a 

21 demonstrated proficiency in providing such activities, 

22 that— 

23 ‘‘(1) enrich the lives of deaf and hard-of-hear24 ing children and adults; 


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1 ‘‘(2) increase public awareness and under2 standing of deafness and of the artistic and intellec3 tual achievements of deaf and hard-of-hearing per4 sons; or 

5 ‘‘(3) promote the integration of hearing, deaf, 

6 and hard-of-hearing persons through shared cul7 tural, educational, and social experiences. 

8 ‘‘(c) APPLICATIONS.—An eligible entity that desires 

9 to receive a grant, or enter into a contract or cooperative 

10 agreement, under this section shall submit an application 

11 to the Secretary at such time, in such manner, and con12 taining such information as the Secretary may require. 

13 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated to carry out this section 

15 such sums as may be necessary for fiscal year 2007 and 

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

17 (b) CONFORMING AMENDMENT.—The title heading 

18 of title I of the Education of the Deaf Act of 1986 (20 

19 U.S.C. 4301 et seq.) is amended by adding at the end 

20 ‘‘; OTHER PROGRAMS’’. 

21 SEC. 905. AUDIT. 

22 Section 203 of the Education of the Deaf Act of 1986 

23 (20 U.S.C. 4353) is amended— 

24 (1) in subsection (b)— 


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1 (A) in paragraph (1), by striking the sec2 ond sentence and inserting the following: ‘‘The 

3 institution of higher education that the Sec4 retary has an agreement with under section 112 

5 shall have an annual independent financial and 

6 compliance audit made of NTID programs and 

7 activities. The audit shall follow the cycle of the 

8 Federal fiscal year.’’; 

9 (B) in paragraph (2), by striking ‘‘sec10 tions’’ and all that follows through the period 

11 and inserting ‘‘sections 102(b), 105(b)(4), 

12 112(b)(5), 203(c), 207(b)(2), subsections (c) 

13 through (f) of section 207, and subsections (b) 

14 and (c) of section 209.’’; and 

15 (C) in paragraph (3), by inserting ‘‘and 

16 the Committee on Education and Labor of the 

17 House of Representatives and the Committee 

18 on Health, Education, Labor, and Pensions of 

19 the Senate’’ after ‘‘Secretary’’; and 

20 (2) in subsection (c)(2)(A), by striking ‘‘Com21 mittee on Labor and Human Resources of the Sen22 ate’’ and inserting ‘‘Committee on Health, Edu23 cation, Labor, and Pensions of the Senate’’. 


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1 SEC. 906. REPORTS. 

2 Section 204 of the Education of the Deaf Act of 1986 

3 (20 U.S.C. 4354) is amended— 

4 (1) in the matter preceding paragraph (1), by 

5 striking ‘‘Committee on Labor and Human Re6 sources of the Senate’’ and inserting ‘‘Committee on 

7 Health, Education, Labor, and Pensions of the Sen8 ate’’; 

9 (2) in paragraph (1), by striking ‘‘pre10 paratory,’’; 

11 (3) in paragraph (2)(C), by striking ‘‘upon 

12 graduation/completion’’ and inserting ‘‘on the date 

13 that is 1 year after the date of graduation or com14 pletion’’; and 

15 (4) in paragraph (3)(B), by striking ‘‘of the in16 stitution of higher education’’ and all that follows 

17 through the period and inserting ‘‘of NTID pro18 grams and activities.’’. 

19 SEC. 907. MONITORING, EVALUATION, AND REPORTING. 

20 Section 205 of the Education of the Deaf Act of 1986 

21 (20 U.S.C. 4355) is amended— 

22 (1) in subsection (b), by striking ‘‘The Sec23 retary, as part of the annual report required under 

24 section 426 of the Department of Education Organi25 zation Act, shall include a description of’’ and inVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00504 Fmt 6652 Sfmt 6401 E:\BILLS\S1642.RS S1642

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1 serting ‘‘The Secretary shall annually transmit infor2 mation to Congress on’’; and 

3 (2) in subsection (c), by striking ‘‘fiscal years 

4 1998 through 2003’’ and inserting ‘‘fiscal years 

5 2008 through 2013’’. 

6 SEC. 908. LIAISON FOR EDUCATIONAL PROGRAMS. 

7 Section 206(a) of the Education of the Deaf Act of 

8 1986 (20 U.S.C. 4356(a)) is amended by striking ‘‘Not 

9 later than 30 days after the date of enactment of this Act, 

10 the’’ and inserting ‘‘The’’. 

11 SEC. 909. FEDERAL ENDOWMENT PROGRAMS FOR GAL12 LAUDET UNIVERSITY AND THE NATIONAL 

13 TECHNICAL INSTITUTE FOR THE DEAF. 

14 Section 207(h) of the Education of the Deaf Act of 

15 1986 (20 U.S.C. 4357(h)) is amended by striking ‘‘fiscal 

16 years 1998 through 2003’’ each place it appears and in17 serting ‘‘fiscal years 2008 through 2013’’. 

18 SEC. 910. OVERSIGHT AND EFFECT OF AGREEMENTS. 

19 Section 208(a) of the Education of the Deaf Act of 

20 1986 (20 U.S.C. 4359(a)) is amended by striking ‘‘Com21 mittee on Labor and Human Resources of the Senate and 

22 the Committee on Education and the Workforce of the 

23 House of Representatives’’ and inserting ‘‘Committee on 

24 Education and Labor of the House of Representatives and 


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1 the Committee on Health, Education, Labor, and Pen2 sions of the Senate’’. 

3 SEC. 911. INTERNATIONAL STUDENTS. 

4 Section 209 of the Education of the Deaf Act of 1986 

5 (20 U.S.C. 4359a) is amended— 

6 (1) in subsection (a)— 

7 (A) by striking ‘‘preparatory, under8 graduate,’’ and inserting ‘‘undergraduate’’; 

9 (B) by striking ‘‘Effective with’’ and in10 serting the following: 

11 ‘‘(1) IN GENERAL.—Except as provided in para12 graph (2), effective with’’; and 

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

14 ‘‘(2) DISTANCE LEARNING.—International stu15 dents who participate in distance learning courses 

16 that are at NTID or the University and who are re17 siding outside of the United States shall— 

18 ‘‘(A) not be counted as international stu19 dents for purposes of the cap on international 

20 students under paragraph (1), except that in 

21 any school year no United States citizen who 

22 applies to participate in distance learning 

23 courses that are at the University or NTID 

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1 cause of the participation of an international 

2 student in such courses; and 

3 ‘‘(B) not be charged a tuition surcharge, 

4 as described in subsection (b).’’; and 

5 (2) by striking subsections (b), (c), and (d), and 

6 inserting the following: 

7 ‘‘(b) TUITION SURCHARGE.—Except as provided in 

8 subsections (a)(2)(B) and (c), the tuition for postsec9 ondary international students enrolled in the University 

10 (including undergraduate and graduate students) or 

11 NTID shall include, for academic year 2008–2009 and 

12 any succeeding academic year, a surcharge of— 

13 ‘‘(1) 100 percent for a postsecondary inter14 national student from a non-developing country; and 

15 ‘‘(2) 50 percent for a postsecondary inter16 national student from a developing country. 

17 ‘‘(c) REDUCTION OF SURCHARGE.— 

18 ‘‘(1) IN GENERAL.—Beginning with the aca19 demic year 2008–2009, the University or NTID may 

20 reduce the surcharge— 

21 ‘‘(A) under subsection (b)(1) from 100 

22 percent to not less than 50 percent if— 

23 ‘‘(i) a student described under sub24 section (b)(1) demonstrates need; and 


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1 ‘‘(ii) such student has made a good 

2 faith effort to secure aid through such stu3 dent’s government or other sources; and 

4 ‘‘(B) under subsection (b)(2) from 50 per5 cent to not less than 25 percent if— 

6 ‘‘(i) a student described under sub7 section (b)(2) demonstrates need; and 

8 ‘‘(ii) such student has made a good 

9 faith effort to secure aid through such stu10 dent’s government or other sources. 

11 ‘‘(2) DEVELOPMENT OF SLIDING SCALE.—The 

12 University and NTID shall develop a sliding scale 

13 model that— 

14 ‘‘(A) will be used to determine the amount 

15 of a tuition surcharge reduction pursuant to 

16 paragraph (1); and 

17 ‘‘(B) shall be approved by the Secretary. 

18 ‘‘(d) DEFINITION.—In this section, the term ‘devel19 oping country’ means a country with a per-capita income 

20 of not more than $4,825, measured in 1999 United States 

21 dollars, as adjusted by the Secretary to reflect inflation 

22 since 1999.’’. 

23 SEC. 912. RESEARCH PRIORITIES. 

24 Section 210(b) of the Education of the Deaf Act of 

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1 mittee on Education and the Workforce of the House of 

2 Representatives, and the Committee on Labor and Human 

3 Resources of the Senate’’ and inserting ‘‘Committee on 

4 Education and Labor of the House of Representatives, 

5 and the Committee on Health, Education, Labor, and 

6 Pensions of the Senate’’. 

7 SEC. 913. AUTHORIZATION OF APPROPRIATIONS. 

8 Section 212 of the Education of the Deaf Act of 1986 

9 (20 U.S.C. 4360a) is amended— 

10 (1) in subsection (a), in the matter preceding 

11 paragraph (1), by striking ‘‘fiscal years 1998 

12 through 2003’’ and inserting ‘‘fiscal years 2008 

13 through 2013’’; and 

14 (2) in subsection (b), by striking ‘‘fiscal years 

15 1998 through 2003’’ and inserting ‘‘fiscal years 

16 2008 through 2013’’. 

17 PART B—UNITED STATES INSTITUTE OF PEACE 

18 ACT 

19 SEC. 921. UNITED STATES INSTITUTE OF PEACE ACT. 

20 (a) POWERS AND DUTIES.—Section 1705(b)(3) of 

21 the United States Institute of Peace Act (22 U.S.C. 

22 4604(b)(3)) is amended by striking ‘‘the Arms Control 

23 and Disarmament Agency,’’. 


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1 (b) BOARD OF DIRECTORS.—Section 1706 of the 

2 United States Institute of Peace Act (22 U.S.C. 4605) 

3 is amended— 

4 (1) by striking ‘‘(b)(5)’’ each place the term ap5 pears and inserting ‘‘(b)(4)’’; and 

6 (2) in subsection (e), by adding at the end the 

7 following: 

8 ‘‘(5) The term of a member of the Board shall 

9 not commence until the member is confirmed by the 

10 Senate and sworn in as a member of the Board.’’. 

11 (c) FUNDING.—Section 1710 of the United States In12 stitute of Peace Act (22 U.S.C. 4609) is amended— 

13 (1) by striking ‘‘to be appropriated’’ and all 

14 that follows through the period at the end and in15 serting ‘‘to be appropriated such sums as may be 

16 necessary for fiscal years 2008 through 2013.’’; and 

17 (2) by adding at the end the following: 

18 ‘‘(d) EXTENSION.—Any authorization of appropria19 tions made for the purposes of carrying out this title shall 

20 be extended in the same manner as applicable programs 

21 are extended under section 422 of the General Education 

22 Provisions Act.’’. 


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1 PART C—THE HIGHER EDUCATION 

2 AMENDMENTS OF 1998 

3 SEC. 931. REPEALS. 

4 The following provisions of title VIII of the Higher 

5 Education Amendments of 1998 (Public Law 105–244) 

6 are repealed: 

7 (1) Part A. 

8 (2) Part C (20 U.S.C. 1070 note). 

9 (3) Part F (20 U.S.C. 1862 note). 

10 (4) Part J. 

11 (5) Section 861. 

12 (6) Section 863. 

13 SEC. 932. GRANTS TO STATES FOR WORKPLACE AND COM14 MUNITY TRANSITION TRAINING FOR INCAR15 CERATED YOUTH OFFENDERS. 

16 Section 821 of the Higher Education Amendments of 

17 1998 (20 U.S.C. 1151) is amended to read as follows: 

18 ‘‘SEC. 821. GRANTS TO STATES FOR IMPROVED WORKPLACE 

19 AND COMMUNITY TRANSITION TRAINING FOR 

20 INCARCERATED YOUTH OFFENDERS. 

21 ‘‘(a) DEFINITION.—In this section, the term ‘youth 

22 offender’ means a male or female offender under the age 

23 of 35, who is incarcerated in a State prison, including a 

24 prerelease facility. 

25 ‘‘(b) GRANT PROGRAM.—The Secretary of Education 

26 (in this section referred to as the ‘Secretary’)— 


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1 ‘‘(1) shall establish a program in accordance 

2 with this section to provide grants to the State cor3 rectional education agencies in the States, from allo4 cations for the States under subsection (h), to assist 

5 and encourage youth offenders to acquire functional 

6 literacy, life, and job skills, through— 

7 ‘‘(A) the pursuit of a postsecondary edu8 cation certificate, or an associate or bachelor’s 

9 degree while in prison; and 

10 ‘‘(B) employment counseling and other re11 lated services which start during incarceration 

12 and end not later than 1 year after release from 

13 confinement; and 

14 ‘‘(2) may establish such performance objectives 

15 and reporting requirements for State correctional 

16 education agencies receiving grants under this sec17 tion as the Secretary determines are necessary to as18 sess the effectiveness of the program under this sec19 tion. 

20 ‘‘(c) APPLICATION.—To be eligible for a grant under 

21 this section, a State correctional education agency shall 

22 submit to the Secretary a proposal for a youth offender 

23 program that— 


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1 ‘‘(1) identifies the scope of the problem, includ2 ing the number of youth offenders in need of post3 secondary education and vocational training; 

4 ‘‘(2) lists the accredited public or private edu5 cational institution or institutions that will provide 

6 postsecondary educational services; 

7 ‘‘(3) lists the cooperating agencies, public and 

8 private, or businesses that will provide related serv9 ices, such as counseling in the areas of career devel10 opment, substance abuse, health, and parenting 

11 skills; 

12 ‘‘(4) describes specific performance objectives 

13 and evaluation methods (in addition to, and con14 sistent with, any objectives established by the Sec15 retary under subsection (b)(2)) that the State cor16 rectional education agency will use in carrying out 

17 its proposal, including— 

18 ‘‘(A) specific and quantified student out19 come measures that are referenced to outcomes 

20 for non-program participants with similar de21 mographic characteristics; and 

22 ‘‘(B) measures, consistent with the data 

23 elements and definitions described in subsection 

24 (d)(1)(A), of— 


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1 ‘‘(i) program completion, including an 

2 explicit definition of what constitutes a 

3 program completion within the proposal; 

4 ‘‘(ii) knowledge and skill attainment, 

5 including specification of instruments that 

6 will measure knowledge and skill attain7 ment; 

8 ‘‘(iii) attainment of employment both 

9 prior to and subsequent to release; 

10 ‘‘(iv) success in employment indicated 

11 by job retention and advancement; and 

12 ‘‘(v) recidivism, including such sub13 indicators as time before subsequent of14 fense and severity of offense; 

15 ‘‘(5) describes how the proposed programs are 

16 to be integrated with existing State correctional edu17 cation programs (such as adult education, graduate 

18 education degree programs, and vocational training) 

19 and State industry programs; 

20 ‘‘(6) describes how the proposed programs will 

21 have considered or will utilize technology to deliver 

22 the services under this section; and 

23 ‘‘(7) describes how students will be selected so 

24 that only youth offenders eligible under subsection 

25 (e) will be enrolled in postsecondary programs. 


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1 ‘‘(d) PROGRAM REQUIREMENTS.—Each State correc2 tional education agency receiving a grant under this sec3 tion shall— 

4 ‘‘(1) annually report to the Secretary regard5 ing— 

6 ‘‘(A) the results of the evaluations con7 ducted using data elements and definitions pro8 vided by the Secretary for the use of State cor9 rectional education programs; 

10 ‘‘(B) any objectives or requirements estab11 lished by the Secretary pursuant to subsection 

12 (b)(2); and 

13 ‘‘(C) the additional performance objectives 

14 and evaluation methods contained in the pro15 posal described in subsection (c)(4) as nec16 essary to document the attainment of project 

17 performance objectives; and 

18 ‘‘(2) provide to each State for each student eli19 gible under subsection (e) not more than— 

20 ‘‘(A) $3,000 annually for tuition, books, 

21 and essential materials; and 

22 ‘‘(B) $300 annually for related services 

23 such as career development, substance abuse 

24 counseling, parenting skills training, and health 

25 education. 


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1 ‘‘(e) STUDENT ELIGIBILITY.—A youth offender shall 

2 be eligible for participation in a program receiving a grant 

3 under this section if the youth offender— 

4 ‘‘(1) is eligible to be released within 5 years (in5 cluding a youth offender who is eligible for parole 

6 within such time); and 

7 ‘‘(2) is 35 years of age or younger. 

8 ‘‘(f) LENGTH OF PARTICIPATION.—A State correc9 tional education agency receiving a grant under this sec10 tion shall provide educational and related services to each 

11 participating youth offender for a period not to exceed 5 

12 years, 1 year of which may be devoted to study in a grad13 uate education degree program or to remedial education 

14 services for students who have obtained a secondary school 

15 diploma or its recognized equivalent. Educational and re16 lated services shall start during the period of incarceration 

17 in prison or prerelease, and the related services may con18 tinue for not more than 1 year after release from confine19 ment. 

20 ‘‘(g) EDUCATION DELIVERY SYSTEMS.—State cor21 rectional education agencies and cooperating institutions 

22 shall, to the extent practicable, use high-tech applications 

23 in developing programs to meet the requirements and 

24 goals of this section. 


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1 ‘‘(h) ALLOCATION OF FUNDS.—From the funds ap2 propriated pursuant to subsection (i) for each fiscal year, 

3 the Secretary shall allot to each State an amount that 

4 bears the same relationship to such funds as the total 

5 number of students eligible under subsection (e) in such 

6 State bears to the total number of such students in all 

7 States. 

8 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated to carry out this section 

10 such sums as may be necessary for fiscal years 2008 

11 through 2013.’’. 

12 SEC. 933. UNDERGROUND RAILROAD EDUCATIONAL AND 

13 CULTURAL PROGRAM. 

14 Section 841(c) of the Higher Education Amendments 

15 of 1998 (20 U.S.C. 1153(c)) is amended by striking ‘‘this 

16 section’’ and all that follows through the period at the end 

17 and inserting ‘‘this section such sums as may be necessary 

18 for fiscal years 2008 through 2013.’’. 

19 SEC. 934. OLYMPIC SCHOLARSHIPS UNDER THE HIGHER 

20 EDUCATION AMENDMENTS OF 1992. 

21 Section 1543(d) of the Higher Education Amend22 ments of 1992 (20 U.S.C. 1070 note) is amended by strik23 ing ‘‘to be appropriated’’ and all that follows through the 

24 period at the end and inserting ‘‘to be appropriated such 


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1 sums as may be necessary for fiscal years 2008 through 

2 2013.’’. 

3 PART D—INDIAN EDUCATION 

4 Subpart 1—Tribal Colleges and Universities 

5 SEC. 941. REAUTHORIZATION OF THE TRIBALLY CON6 TROLLED COLLEGE OR UNIVERSITY ASSIST7 ANCE ACT OF 1978. 

8 (a) CLARIFICATION OF THE DEFINITION OF NA9 TIONAL INDIAN ORGANIZATION.—Section 2(a)(6) of the 

10 Tribally Controlled College or University Assistance Act 

11 of 1978 (25 U.S.C. 1801(a)(6)) is amended by striking 

12 ‘‘in the field of Indian education’’ and inserting ‘‘in the 

13 fields of tribally controlled colleges and universities and 

14 Indian higher education’’. 

15 (b) INDIAN STUDENT COUNT.—Section 2(a) of the 

16 Tribally Controlled College or University Assistance Act 

17 of 1978 (25 U.S.C. 1801(a)) is amended— 

18 (1) by redesignating paragraphs (7) and (8) as 

19 paragraphs (8) and (9), respectively; and 

20 (2) by inserting after paragraph (6) the fol21 lowing: 

22 ‘‘(7) ‘Indian student’ means a student who is— 

23 ‘‘(A) a member of an Indian tribe; or 

24 ‘‘(B) a biological child of a member of an 

25 Indian tribe, living or deceased;’’. 


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1 (c) CONTINUING EDUCATION.—Section 2(b) of the 

2 Tribally Controlled College or University Assistance Act 

3 of 1978 (25 U.S.C. 1801(b)) is amended— 

4 (1) in the matter preceding paragraph (1), by 

5 striking ‘‘paragraph (7) of subsection (a)’’ and in6 serting ‘‘subsection (a)(8)’’; 

7 (2) by striking paragraph (5) and inserting the 

8 following: 

9 ‘‘(5) DETERMINATION OF CREDITS.—Eligible 

10 credits earned in a continuing education program— 

11 ‘‘(A) shall be determined as 1 credit for 

12 every 10 contact hours in the case of an institu13 tion on a quarter system, or 15 contact hours 

14 in the case of an institution on a semester sys15 tem, of participation in an organized continuing 

16 education experience under responsible sponsor17 ship, capable direction, and qualified instruc18 tion, as described in the criteria established by 

19 the International Association for Continuing 

20 Education and Training; and 

21 ‘‘(B) shall be limited to 10 percent of the 

22 Indian student count of a tribally controlled col23 lege or university.’’; and 

24 (3) by striking paragraph (6). 


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1 (d) ACCREDITATION REQUIREMENT.—Section 103 of 

2 the Tribally Controlled College or University Assistance 

3 Act of 1978 (25 U.S.C. 1804) is amended— 

4 (1) in paragraph (2), by striking ‘‘and’’ at the 

5 end; 

6 (2) in paragraph (3), by striking the period at 

7 the end and inserting ‘‘; and’’; and 

8 (3) by inserting after paragraph (3), the fol9 lowing: 

10 ‘‘(4)(A) is accredited by a nationally recognized 

11 accrediting agency or association determined by the 

12 Secretary of Education to be a reliable authority 

13 with regard to the quality of training offered; or 

14 ‘‘(B) according to such an agency or associa15 tion, is making reasonable progress toward accredi16 tation.’’. 

17 (e) TECHNICAL ASSISTANCE CONTRACTS.—Section 

18 105 of the Tribally Controlled College or University As19 sistance Act of 1978 (25 U.S.C. 1805) is amended— 

20 (1) by striking the section designation and 

21 heading and all that follows through ‘‘The Secretary 

22 shall’’ and inserting the following: 

23 ‘‘SEC. 105. TECHNICAL ASSISTANCE CONTRACTS. 

24 ‘‘(a) TECHNICAL ASSISTANCE.— 

25 ‘‘(1) IN GENERAL.—The Secretary shall’’; 


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1 (2) in the second sentence, by striking ‘‘In the 

2 awarding of contracts for technical assistance, pref3 erence shall be given’’ and inserting the following: 

4 ‘‘(2) DESIGNATED ORGANIZATION.—The Sec5 retary shall require that a contract for technical as6 sistance under paragraph (1) shall be awarded’’; and 

7 (3) in the third sentence, by striking ‘‘No au8 thority’’ and inserting the following: 

9 ‘‘(b) EFFECT OF SECTION.—No authority’’. 

10 (f) AMOUNT OF GRANTS.—Section 108(a) of the 

11 Tribally Controlled College or University Assistance Act 

12 of 1978 (25 U.S.C. 1808(a)) is amended— 

13 (1) by redesignating paragraphs (1) and (2) as 

14 subparagraphs (A) and (B), respectively, and indent15 ing the subparagraphs appropriately; 

16 (2) by striking ‘‘(a) Except as provided in sec17 tion 111,’’ and inserting the following: 

18 ‘‘(a) REQUIREMENT.— 

19 ‘‘(1) IN GENERAL.—Except as provided in para20 graph (2) and section 111,’’; 

21 (3) in paragraph (1) (as redesignated by para22 graphs (1) and (2))— 

23 (A) in the matter preceding subparagraph 

24 (A) (as redesignated by paragraph (1))— 


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1 (i) by striking ‘‘him’’ and inserting 

2 ‘‘the Secretary’’; and 

3 (ii) by striking ‘‘product of’’ and in4 serting ‘‘product obtained by multiplying’’; 

5 (B) in subparagraph (A) (as redesignated 

6 by paragraph (1)), by striking ‘‘section 2(a)(7)’’ 

7 and inserting ‘‘section 2(a)(8)’’; and 

8 (C) in subparagraph (B) (as redesignated 

9 by paragraph (1)), by striking ‘‘$6,000,’’ and 

10 inserting ‘‘$8,000, as adjusted annually for in11 flation.’’; and 

12 (4) by striking ‘‘except that no grant shall ex13 ceed the total cost of the education program pro14 vided by such college or university.’’ and inserting 

15 the following: 

16 ‘‘(2) EXCEPTION.—The amount of a grant 

17 under paragraph (1) shall not exceed an amount 

18 equal to the total cost of the education program pro19 vided by the applicable tribally controlled college or 

20 university.’’. 

21 (g) GENERAL PROVISIONS REAUTHORIZATION.—Sec22 tion 110(a) of the Tribally Controlled College or Univer23 sity Assistance Act of 1978 (25 U.S.C. 1810(a)) is amend24 ed— 


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1 (1) in paragraphs (1), (2), (3), and (4), by 

2 striking ‘‘1999’’ and inserting ‘‘2008’’; 

3 (2) in paragraphs (1), (2), and (3), by striking 

4 ‘‘4 succeeding’’ and inserting ‘‘5 succeeding’’; 

5 (3) in paragraph (2), by striking 

6 ‘‘$40,000,000’’ and inserting ‘‘such sums as may be 

7 necessary’’; 

8 (4) in paragraph (3), by striking 

9 ‘‘$10,000,000’’ and inserting ‘‘such sums as may be 

10 necessary’’; and 

11 (5) in paragraph (4), by striking ‘‘succeeding 

12 4’’ and inserting ‘‘5 succeeding’’. 

13 (h) ENDOWMENT PROGRAM REAUTHORIZATION.— 

14 Section 306(a) of the Tribally Controlled College or Uni15 versity Assistance Act of 1978 (25 U.S.C. 1836(a)) is 

16 amended— 

17 (1) by striking ‘‘1999’’ and inserting ‘‘2008’’; 

18 and 

19 (2) by striking ‘‘4 succeeding’’ and inserting ‘‘5 

20 succeeding’’. 

21 (i) TRIBAL ECONOMIC DEVELOPMENT REAUTHOR22 IZATION.—Section 403 of the Tribal Economic Develop23 ment and Technology Related Education Assistance Act 

24 of 1990 (25 U.S.C. 1852) is amended— 


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1 (1) by striking ‘‘$2,000,000 for fiscal year 

2 1999’’ and inserting ‘‘such sums as may be nec3 essary for fiscal year 2008’’; and 

4 (2) by striking ‘‘4 succeeding’’ and inserting ‘‘5 

5 succeeding’’. 

6 (j) TRIBALLY CONTROLLED POSTSECONDARY CA7 REER AND TECHNICAL INSTITUTIONS.— 

8 (1) IN GENERAL.—The Tribally Controlled Col9 lege or University Assistance Act of 1978 (25 U.S.C. 

10 1801 et seq.) is amended by adding at the end the 

11 following: 

12 ‘‘Subtitle V—Tribally Controlled 

13 Postsecondary Career and Tech14 nical Institutions 

15 ‘‘SEC. 501. DEFINITION OF TRIBALLY CONTROLLED POST16 SECONDARY CAREER AND TECHNICAL INSTI17 TUTION. 

18 ‘‘In this title, the term ‘tribally controlled postsec19 ondary career and technical institution’ has the meaning 

20 given the term in section 3 of the Carl D. Perkins Career 

21 and Technical Education Act of 2006 (20 U.S.C. 2302). 


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1 ‘‘SEC. 502. TRIBALLY CONTROLLED POSTSECONDARY CA2 REER AND TECHNICAL INSTITUTIONS PRO3 GRAM. 

4 ‘‘(a) IN GENERAL.—Subject to the availability of ap5 propriations, for fiscal year 2008 and each fiscal year 

6 thereafter, the Secretary shall— 

7 ‘‘(1) subject to subsection (b), select 2 tribally 

8 controlled postsecondary career and technical insti9 tutions to receive assistance under this title; and 

10 ‘‘(2) provide funding to the selected tribally 

11 controlled postsecondary career and technical insti12 tutions to pay the costs (including institutional sup13 port costs) of operating postsecondary career and 

14 technical education programs for Indian students at 

15 the tribally controlled postsecondary career and tech16 nical institutions. 

17 ‘‘(b) SELECTION OF CERTAIN INSTITUTIONS.— 

18 ‘‘(1) REQUIREMENT.—For each fiscal year dur19 ing which the Secretary determines that a tribally 

20 controlled postsecondary career and technical insti21 tution described in paragraph (2) meets the defini22 tion referred to in section 501, the Secretary shall 

23 select that tribally controlled postsecondary career 

24 and technical institution under subsection (a)(1) to 

25 receive funding under this section. 


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1 ‘‘(2) INSTITUTIONS.—The 2 tribally controlled 

2 postsecondary career and technical institutions re3 ferred to in paragraph (1) are— 

4 ‘‘(A) the United Tribes Technical College; 

5 and 

6 ‘‘(B) the Navajo Technical College. 

7 ‘‘(c) METHOD OF PAYMENT.—For each applicable 

8 fiscal year, the Secretary shall provide funding under this 

9 section to each tribally controlled postsecondary career 

10 and technical institution selected for the fiscal year under 

11 subsection (a)(1) in a lump sum payment for the fiscal 

12 year. 

13 ‘‘(d) DISTRIBUTION.— 

14 ‘‘(1) IN GENERAL.—For fiscal year 2009 and 

15 each fiscal year thereafter, of amounts made avail16 able pursuant to section 504, the Secretary shall dis17 tribute to each tribally controlled postsecondary ca18 reer and technical institution selected for the fiscal 

19 year under subsection (a)(1) an amount equal to the 

20 greater of— 

21 ‘‘(A) the total amount appropriated for the 

22 tribally controlled postsecondary career and 

23 technical institution for fiscal year 2006; or 


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1 ‘‘(B) the total amount appropriated for the 

2 tribally controlled postsecondary career and 

3 technical institution for fiscal year 2008. 

4 ‘‘(2) EXCESS AMOUNTS.—If, for any fiscal year, 

5 the amount made available pursuant to section 504 

6 exceeds the sum of the amounts required to be dis7 tributed under paragraph (1) to the tribally con8 trolled postsecondary career and technical institu9 tions selected for the fiscal year under subsection 

10 (a)(1), the Secretary shall distribute to each tribally 

11 controlled postsecondary career and technical insti12 tution selected for that fiscal year a portion of the 

13 excess amount, to be determined by— 

14 ‘‘(A) dividing the excess amount by the ag15 gregate Indian student count (as defined in sec16 tion 117(h) of the Carl D. Perkins Career and 

17 Technical Education Act of 2006 (20 U.S.C. 

18 2327(h)) of such institutions for the prior aca19 demic year; and 

20 ‘‘(B) multiplying the quotient described in 

21 subparagraph (A) by the Indian student count 

22 of each such institution for the prior academic 

23 year. 


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1 ‘‘SEC. 503. APPLICABILITY OF OTHER LAWS. 

2 ‘‘(a) IN GENERAL.—Paragraphs (4) and (7) of sub3 section (a), and subsection (b), of section 2, sections 105, 

4 108, 111, 112 and 113, and titles II, III, and IV shall 

5 not apply to this title. 

6 ‘‘(b) INDIAN SELF-DETERMINATION AND EDU7 CATION ASSISTANCE.—Funds made available pursuant to 

8 this title shall be subject to the Indian Self-Determination 

9 and Education Assistance Act (25 U.S.C. 450 et seq.). 

10 ‘‘(c) ELECTION TO RECEIVE.—A tribally controlled 

11 postsecondary career and technical institution selected for 

12 a fiscal year under section 502(b) may elect to receive 

13 funds pursuant to section 502 in accordance with an 

14 agreement between the tribally controlled postsecondary 

15 career and technical institution and the Secretary under 

16 the Indian Self-Determination and Education Assistance 

17 Act (25 U.S.C. 450 et seq.) if the agreement is in exist18 ence on the date of enactment of the Higher Education 

19 Amendments of 2007. 

20 ‘‘(d) OTHER ASSISTANCE.—Eligibility for, or receipt 

21 of, assistance under this title shall not preclude the eligi22 bility of a tribally controlled postsecondary career and 

23 technical institutions to receive Federal financial assist24 ance under— 

25 ‘‘(1) any program under the Higher Education 

26 Act of 1965 (20 U.S.C. 1001 et seq.); 


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1 ‘‘(2) any program under the Carl D. Perkins 

2 Career and Technical Education Act of 2006; or 

3 ‘‘(3) any other applicable program under which 

4 a benefit is provided for— 

5 ‘‘(A) institutions of higher education; 

6 ‘‘(B) community colleges; or 

7 ‘‘(C) postsecondary educational institu8 tions. 

9 ‘‘SEC. 504. AUTHORIZATION OF APPROPRIATIONS. 

10 ‘‘There are authorized to be appropriated such sums 

11 as are necessary for fiscal year 2008 and each fiscal year 

12 thereafter to carry out this title.’’. 

13 (2) CONFORMING AMENDMENTS.—Section 117 

14 of the Carl D. Perkins Career and Technical Edu15 cation Act of 2006 (20 U.S.C. 2327) is amended— 

16 (A) by striking subsection (a) and insert17 ing the following: 

18 ‘‘(a) GRANT PROGRAM.—Subject to the availability of 

19 appropriations, the Secretary shall make grants under this 

20 section, to provide basic support for the education and 

21 training of Indian students, to tribally controlled postsec22 ondary career and technical institutions that are not re23 ceiving Federal assistance as of the date on which the 

24 grant is provided under— 


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1 ‘‘(1) title I of the Tribally Controlled College or 

2 University Assistance Act of 1978 (25 U.S.C. 1802 

3 et seq.); or 

4 ‘‘(2) the Navajo Community College Act (25 

5 U.S.C. 640a et seq.).’’; and 

6 (B) by striking subsection (d) and insert7 ing the following: 

8 ‘‘(d) APPLICATIONS.—To be eligible to receive a 

9 grant under this section, a tribally controlled postsec10 ondary career and technical institution that is not receiv11 ing Federal assistance under title I of the Tribally Con12 trolled College or University Assistance Act (25 U.S.C. 

13 1802 et seq.) or the Navajo Community College Act (25 

14 U.S.C. 640a et seq.) shall submit to the Secretary an ap15 plication at such time, in such manner, and containing 

16 such information as the Secretary may require.’’. 

17 (k) SHORT TITLE.— 

18 (1) IN GENERAL.—The first section of the Trib19 ally Controlled College or University Assistance Act 

20 of 1978 (25 U.S.C. 1801 note; Public Law 95–471) 

21 is amended to read as follows: 

22 ‘‘SECTION 1. SHORT TITLE. 

23 ‘‘This Act may be cited as the ‘Tribally Controlled 

24 Colleges and Universities Assistance Act of 1978’.’’. 


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1 (2) REFERENCES.—Any reference in law (in2 cluding regulations) to the Tribally Controlled Col3 lege or University Assistance Act of 1978 shall be 

4 considered to be a reference to the ‘‘Tribally Con5 trolled Colleges and Universities Assistance Act of 

6 1978’’. 

7 Subpart 2—Navajo Higher Education 

8 SEC. 945. SHORT TITLE. 

9 This subpart may be cited as the ‘‘Navajo Nation 

10 Higher Education Act of 2006’’. 

11 SEC. 946. REAUTHORIZATION OF NAVAJO COMMUNITY COL12 LEGE ACT. 

13 (a) PURPOSE.—Section 2 of the Navajo Community 

14 College Act (25 U.S.C. 640a) is amended— 

15 (1) by striking ‘‘Navajo Tribe of Indians’’ and 

16 inserting ‘‘Navajo Nation’’; and 

17 (2) by striking ‘‘the Navajo Community Col18 lege’’ and inserting ‘‘Din ́e College’’. 

19 (b) GRANTS.—Section 3 of the Navajo Community 

20 College Act (25 U.S.C. 640b) is amended— 

21 (1) in the first sentence— 

22 (A) by inserting ‘‘the’’ before ‘‘Interior’’; 

23 (B) by striking ‘‘Navajo Tribe of Indians’’ 

24 and inserting ‘‘Navajo Nation’’; and 


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1 (C) by striking ‘‘the Navajo Community 

2 College’’ and inserting ‘‘Din ́e College’’; and 

3 (2) in the second sentence— 

4 (A) by striking ‘‘Navajo Tribe’’ and insert5 ing ‘‘Navajo Nation’’; and 

6 (B) by striking ‘‘Navajo Indians’’ and in7 serting ‘‘Navajo people’’. 

8 (c) STUDY OF FACILITIES NEEDS.—Section 4 of the 

9 Navajo Community College Act (25 U.S.C. 640c) is 

10 amended— 

11 (1) in subsection (a)— 

12 (A) in the first sentence— 

13 (i) by striking ‘‘the Navajo Commu14 nity College’’ and inserting ‘‘Dine College’’; 

15 and 

16 (ii) by striking ‘‘August 1, 1979’’ and 

17 inserting ‘‘October 31, 2010’’; and 

18 (B) in the second sentence, by striking 

19 ‘‘Navajo Tribe’’ and inserting ‘‘Navajo Nation’’; 

20 (2) in subsection (b), by striking ‘‘the date of 

21 enactment of the Tribally Controlled Community 

22 College Assistance Act of 1978’’ and inserting ‘‘Oc23 tober 1, 2007’’; and 


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1 (3) in subsection (c), in the first sentence, by 

2 striking ‘‘the Navajo Community College’’ and in3 serting ‘‘Din ́e College’’. 

4 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

5 5 of the Navajo Community College Act (25 U.S.C. 640c– 

6 1) is amended— 

7 (1) in subsection (a)— 

8 (A) in paragraph (1), by striking 

9 ‘‘$2,000,000’’ and all that follows through the 

10 end of the paragraph and inserting ‘‘such sums 

11 as are necessary for fiscal years 2008 through 

12 2013.’’; and 

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

14 ‘‘(3) Sums described in paragraph (2) shall be used 

15 to provide grants for construction activities, including the 

16 construction of buildings, water and sewer facilities, roads, 

17 information technology and telecommunications infra18 structure, classrooms, and external structures (such as 

19 walkways).’’; 

20 (2) in subsection (b)(1)— 

21 (A) in the matter preceding subparagraph 

22 (A)— 

23 (i) by striking ‘‘the Navajo Commu24 nity College’’ and inserting ‘‘Din ́e College’’; 

25 and 


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1 (ii) by striking ‘‘, for each fiscal year’’ 

2 and all that follows through ‘‘for—’’ and 

3 inserting ‘‘such sums as are necessary for 

4 fiscal years 2008 through 2013 to pay the 

5 cost of—’’; 

6 (B) in subparagraph (A)— 

7 (i) by striking ‘‘college’’ and inserting 

8 ‘‘College’’; 

9 (ii) in clauses (i) and (iii), by striking 

10 the commas at the ends of the clauses and 

11 inserting semicolons; and 

12 (iii) in clause (ii), by striking ‘‘, and’’ 

13 at the end and inserting ‘‘; and’’; 

14 (C) in subparagraph (B), by striking the 

15 comma at the end and inserting a semicolon; 

16 (D) in subparagraph (C), by striking ‘‘, 

17 and’’ at the end and inserting a semicolon; 

18 (E) in subparagraph (D), by striking the 

19 period at the end and inserting ‘‘; and’’; and 

20 (F) by adding at the end the following: 

21 ‘‘(E) improving and expanding the College, 

22 including by providing, for the Navajo people 

23 and others in the community of the College— 

24 ‘‘(i) higher education programs; 

25 ‘‘(ii) career and technical education; 


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1 ‘‘(iii) activities relating to the preser2 vation and protection of the Navajo lan3 guage, philosophy, and culture; 

4 ‘‘(iv) employment and training oppor5 tunities; 

6 ‘‘(v) economic development and com7 munity outreach; and 

8 ‘‘(vi) a safe learning, working, and liv9 ing environment.’’; and 

10 (3) in subsection (c), by striking ‘‘the Navajo 

11 Community College’’ and inserting ‘‘Din ́e College’’. 

12 (e) EFFECT ON OTHER LAWS.—Section 6 of the 

13 Navajo Community College Act (25 U.S.C. 640c–2) is 

14 amended— 

15 (1) by striking ‘‘the Navajo Community Col16 lege’’ each place it appears and inserting ‘‘Din ́e Col17 lege’’; and 

18 (2) in subsection (b), by striking ‘‘college’’ and 

19 inserting ‘‘College’’. 

20 (f) PAYMENTS; INTEREST.—Section 7 of the Navajo 

21 Community College Act (25 U.S.C. 640c–3) is amended 

22 by striking ‘‘the Navajo Community College’’ each place 

23 it appears and inserting ‘‘Din ́e College’’. 


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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. 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. 

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. 

Sec. 311. Authorization of appropriations. 

Sec. 312. Technical corrections. 


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TITLE IV—STUDENT ASSISTANCE 

PART A—GRANTS TO STUDENTS IN ATTENDANCE AT INSTITUTIONS OF HIGHER

EDUCATION

Sec. 401. Federal Pell Grants. 

Sec. 402. 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. 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. 

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. 


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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. 

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. 


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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. 

TITLE IX—AMENDMENTS TO OTHER LAWS 

PART A—EDUCATION OF THE DEAF ACT OF 1986 

Sec. 901. Laurent Clerc National Deaf Education Center. 

Sec. 902. Agreement with Gallaudet University. 

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

Sec. 904. Cultural experiences grants. 

Sec. 905. Audit. 

Sec. 906. Reports. 

Sec. 907. Monitoring, evaluation, and reporting. 

Sec. 908. Liaison for educational programs. 

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

Sec. 910. Oversight and effect of agreements. 

Sec. 911. International students. 

Sec. 912. Research priorities. 

Sec. 913. Authorization of appropriations. 

PART B—UNITED STATES INSTITUTE OF PEACE ACT

Sec. 921. United States Institute of Peace Act. 

PART C—THE HIGHER EDUCATION AMENDMENTS OF 1998 

Sec. 931. Repeals. 


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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. 

1 SEC. 2. REFERENCES. 

2 Except as otherwise expressly provided, whenever in 

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

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

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

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

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

8 SEC. 3. GENERAL EFFECTIVE DATE. 

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

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

12 TITLE I—GENERAL PROVISIONS 

13 SEC. 101. ADDITIONAL DEFINITIONS. 

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

15 amended— 

16 (1) by redesignating paragraphs (9) through (16) 

17 as paragraphs (13) through (20); respectively; 


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1 (2) by redesignating paragraphs (4) through (8) 

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

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

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

5 (4) by inserting before paragraph (2) (as redesig6 nated by paragraph (2)) the following: 

7 ‘‘(1) AUTHORIZING COMMITTEES.—The term ‘au8 thorizing committees’ means the Committee on 

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

10 and the Committee on Education and Labor of the 

11 House of Representatives.’’; 

12 (5) by inserting after paragraph (2) (as redesig13 nated by paragraph (3)) the following: 

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

15 ‘critical foreign language’ means each of the lan16 guages contained in the list of critical languages des17 ignated by the Secretary in the Federal Register on 

18 August 2, 1985 (50 Fed. Reg. 149, 31412; promul19 gated under the authority of section 212(d) of the 

20 Education for Economic Security Act (repealed by 

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

22 Stafford Elementary and Secondary School Improve23 ment Amendments of 1988)), except that in the imple24 mentation of this definition with respect to a specific 

25 title, the Secretary may set priorities according to the 


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1 purposes of such title and the national security, eco2 nomic competitiveness, and educational needs of the 

3 United States.’’; 

4 (6) by inserting after paragraph (5) (as redesig5 nated by paragraph (3)) the following: 

6 ‘‘(6) DISTANCE EDUCATION.— 

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

8 provided, the term ‘distance education’ means 

9 education that uses 1 or more of the technologies 

10 described in subparagraph (B)— 

11 ‘‘(i) to deliver instruction to students 

12 who are separated from the instructor; and 

13 ‘‘(ii) to support regular and sub14 stantive interaction between the students 

15 and the instructor, synchronously or asyn16 chronously. 

17 ‘‘(B) INCLUSIONS.—For the purposes of sub18 paragraph (A), the technologies used may in19 clude— 

20 ‘‘(i) the Internet; 

21 ‘‘(ii) one-way and two-way trans22 missions through open broadcast, closed cir23 cuit, cable, microwave, broadband lines, 

24 fiber optics, satellite, or wireless commu25 nications devices; 


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1 ‘‘(iii) audio conferencing; or 

2 ‘‘(iv) video cassette, DVDs, and CD3 ROMs, if the cassette, DVDs, and CD-ROMs 

4 are used in a course in conjunction with the 

5 technologies listed in clauses (i) through 

6 (iii).’’; and 

7 (7) by inserting after paragraph (11) (as redes8 ignated by paragraph (2)) the following: 

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

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

11 of the Community Services Block Grant Act (42 

12 U.S.C. 9902(2))) applicable to a family of the size in13 volved.’’. 

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

15 1001 et seq.) is amended— 

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

17 1015(a)(3)(B)), by striking ‘‘Committee on Labor and 

18 Human Resources of the Senate and the Committee 

19 on Education and the Workforce of the House of Rep20 resentatives’’ and inserting ‘‘authorizing committees’’; 

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

22 1018(d)(4)(B)), by striking ‘‘Committee on Education 

23 and the Workforce of the House of Representatives 

24 and the Committee on Labor and Human Resources 


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1 of the Senate’’ and inserting ‘‘authorizing commit2 tees’’; 

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

4 by striking ‘‘to the Committee on Appropriations’’ 

5 and all that follows through ‘‘House of Representa6 tives’’ and inserting ‘‘to the Committee on Appropria7 tions of the Senate, the Committee on Appropriations 

8 of the House of Representatives, and the authorizing 

9 committees’’; 

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

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

12 ‘‘House Committee on Education and the Work13 force and the Senate Committee on Labor and 

14 Human Resources’’ and inserting ‘‘authorizing 

15 committees’’; 

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

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

18 Labor and Human Resources of the Senate and 

19 the Committee on Education and the Workforce 

20 of the House of Representatives’’ and inserting 

21 ‘‘authorizing committees’’; and 

22 (C) in subsection (n)(4), by striking ‘‘Com23 mittee on Education and the Workforce of the 

24 House of Representatives and the Committee on 


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1 Labor and Human Resources of the Senate’’ and 

2 inserting ‘‘authorizing committees’’; 

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

4 (A) in the matter preceding subparagraph 

5 (A) of paragraph (2), by striking ‘‘Chairperson’’ 

6 and all that follows through ‘‘House of Rep7 resentatives’’ and inserting ‘‘members of the au8 thorizing committees’’; 

9 (B) in paragraph (3), by striking ‘‘Chair10 person’’ and all that follows through ‘‘House of 

11 Representatives’’ and inserting ‘‘members of the 

12 authorizing committees’’; and 

13 (C) in paragraph (5), by striking ‘‘Chair14 person’’ and all that follows through ‘‘House of 

15 Representatives’’ and inserting ‘‘members of the 

16 authorizing committees’’; 

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

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

19 Committee on Education and the Workforce of 

20 the House of Representatives or the Committee 

21 on Labor and Human Resources of the Senate’’ 

22 and inserting ‘‘either of the authorizing commit23 tees’’; and 

24 (B) in the matter following subparagraph 

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


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1 on Education and the Workforce of the House of 

2 Representatives and the Committee on Labor 

3 and Human Resources of the Senate’’ and insert4 ing ‘‘authorizing committees’’; 

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

6 by striking ‘‘Committee on Education and the Work7 force of the House of Representatives and the Com8 mittee on Labor and Human Resources of the Senate’’ 

9 and inserting ‘‘authorizing committees’’; 

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

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

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

13 through ‘‘House of Representatives’’ and insert14 ing ‘‘advise the members of the authorizing com15 mittees’’; 

16 (B) in subsection (r)— 

17 (i) in paragraph (3), by striking ‘‘in18 form the Chairman’’ and all that follows 

19 through ‘‘House of Representatives,’’ and in20 serting ‘‘inform the members of the author21 izing committees’’; 

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

23 ‘‘plan, to the Chairman’’ and all that fol24 lows through ‘‘Education and Labor’’ and 


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1 inserting ‘‘plan, to the members of the au2 thorizing committees’’; 

3 (iii) in paragraph (6)(B)— 

4 (I) by striking ‘‘plan, to the 

5 Chairman’’ and all that follows 

6 through ‘‘House of Representatives’’ 

7 and inserting ‘‘plan, to the members of 

8 the authorizing committees’’; and 

9 (II) by striking ‘‘Chairmen and 

10 ranking minority members of such 

11 Committees’’ and inserting ‘‘members 

12 of the authorizing committees’’; 

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

14 ‘‘implemented to the Chairman’’ and all 

15 that follows through ‘‘House of Representa16 tives, and’’ and inserting ‘‘implemented to 

17 the members of the authorizing committees, 

18 and to’’; and 

19 (v) in the matter preceding subpara20 graph (A) of paragraph (10), by striking 

21 ‘‘days to the Chairman’’ and all that follows 

22 through ‘‘Education and Labor’’ and insert23 ing ‘‘days to the members of the authorizing 

24 committees’’; and 

25 (C) in subsection (s)(2)— 


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

2 subparagraph (A), by striking ‘‘Treasury 

3 and to the Chairman’’ and all that follows 

4 through ‘‘House of Representatives’’ and in5 serting ‘‘Treasury and to the members of the 

6 authorizing committees’’; and 

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

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

9 that follows through ‘‘House of Representa10 tives’’ and inserting ‘‘Treasury and to the 

11 members of the authorizing committees’’; 

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

13 1087e(b)(8)(B)), by striking ‘‘Committee on Labor 

14 and Human Resources of the Senate and the Com15 mittee on Education and the Workforce of the House 

16 of Representatives’’ and inserting ‘‘authorizing com17 mittees’’; 

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

19 striking ‘‘Committee on Labor and Human Resources 

20 of the Senate and the Committee on Education and 

21 Labor of the House of Representatives’’ and inserting 

22 ‘‘authorizing committees’’; 

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

24 striking ‘‘Committee on Labor and Human Resources 

25 of the Senate and the Committee on Education and 


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1 the Workforce of the House of Representatives’’ and 

2 inserting ‘‘authorizing committees’’; 

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

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

5 ‘‘Committee on Education and the Workforce of 

6 the House of Representatives and the Committee 

7 on Labor and Human Resources of the Senate’’ 

8 and inserting ‘‘authorizing committees’’; and 

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

10 ‘‘Committee on Education and the Workforce of 

11 the House of Representatives and the Committee 

12 on Labor and Human Resources of the Senate’’ 

13 and inserting ‘‘authorizing committees’’; 

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

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

17 Senate and the Committee on Education and the 

18 Workforce of the House of Representatives’’ and 

19 inserting ‘‘authorizing committees’’; and 

20 (B) in subsection (f)(3)— 

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

22 subparagraph (A), by striking ‘‘Committee 

23 on Labor and Human Resources of the Sen24 ate and the Committee on Education and 

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1 tives’’ and inserting ‘‘authorizing commit2 tees’’; and 

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

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

6 the Senate and the Committee on Education 

7 and the Workforce of the House of Rep8 resentatives’’ and inserting ‘‘authorizing 

9 committees’’; 

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

11 1094a(a)(5)), by striking ‘‘Committee on Labor and 

12 Human Resources of the Senate and the Committee 

13 on Education and the Workforce of the House of Rep14 resentatives’’ and inserting ‘‘authorizing committees’’; 

15 and 

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

17 2(d))— 

18 (A) in paragraph (1), by striking ‘‘Com19 mittee on Labor and Human Resources of the 

20 Senate and the Committee on Education and the 

21 Workforce of the House of Representatives’’ and 

22 inserting ‘‘authorizing committees’’; and 

23 (B) in paragraph (2), by striking ‘‘Com24 mittee on Labor and Human Resources of the 

25 Senate and the Committee on Education and the 


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1 Workforce of the House of Representatives’’ and 

2 inserting ‘‘authorizing committees’’. 

3 SEC. 102. GENERAL DEFINITION OF INSTITUTION OF HIGH4 ER EDUCATION. 

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

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

7 awards a degree that is acceptable for admission to 

8 a graduate or professional degree program, subject to 

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

10 a degree’’; and 

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

12 the following: 

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

14 institution in any State that, in lieu of the require15 ment in subsection (a)(1), admits as regular students 

16 persons— 

17 ‘‘(A) who are beyond the age of compulsory 

18 school attendance in the State in which the insti19 tution is located; or 

20 ‘‘(B) who will be dually or concurrently en21 rolled in the institution and a secondary 

22 school.’’. 


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1 SEC. 103. DEFINITION OF INSTITUTION OF HIGHER EDU2 CATION FOR PURPOSES OF TITLE IV PRO3 GRAMS. 

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

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

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

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

8 clinical training program that was ap9 proved by a State as of January 1, 

10 1992, and has continuously operated a 

11 clinical training program in not less 

12 than 1 State that is approved by such 

13 State;’’; 

14 (2) in subsection (b)— 

15 (A) in paragraph (1)— 

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

17 ‘‘and’’ after the semicolon; 

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

19 ‘‘; and’’ and inserting a period; and 

20 (iii) by striking subparagraph (F); 

21 and 

22 (B) by striking paragraph (2) and inserting 

23 the following: 

24 ‘‘(2) ADDITIONAL INSTITUTIONS.—The term ‘pro25 prietary institution of higher education’ also includes 

26 a proprietary educational institution in any State 


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1 that, in lieu of the requirement in section 101(a)(1), 

2 admits as regular students persons— 

3 ‘‘(A) who are beyond the age of compulsory 

4 school attendance in the State in which the insti5 tution is located; or 

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

8 school.’’; and 

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

10 the following: 

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

12 ‘postsecondary vocational institution’ also includes an 

13 educational institution in any State that, in lieu of 

14 the requirement in section 101(a)(1), admits as reg15 ular students persons— 

16 ‘‘(A) who are beyond the age of compulsory 

17 school attendance in the State in which the insti18 tution is located; or 

19 ‘‘(B) who will be dually or concurrently en20 rolled in the institution and a secondary 

21 school.’’. 

22 SEC. 104. PROTECTION OF STUDENT SPEECH AND ASSOCIA23 TION RIGHTS. 

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

25 (1) in subsection (a)— 


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

2 sense’’; and 

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

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

5 ‘‘(A) the diversity of institutions and educational 

6 missions is one of the key strengths of American high7 er education; 

8 ‘‘(B) individual colleges and universities have 

9 different missions and each institution should design 

10 its academic program in accordance with its edu11 cational goals; 

12 ‘‘(C) a college should facilitate the free and open 

13 exchange of ideas; 

14 ‘‘(D) students should not be intimidated, har15 assed, discouraged from speaking out, or discrimi16 nated against; 

17 ‘‘(E) students should be treated equally and fair18 ly; and 

19 ‘‘(F) nothing in this paragraph shall be con20 strued to modify, change, or infringe upon any con21 stitutionally protected religious liberty, freedom, ex22 pression, or association.’’; and 

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

24 that the imposition of such sanction is done objec25 tively and fairly’’ after ‘‘higher education’’. 


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1 SEC. 105. ACCREDITATION AND INSTITUTIONAL QUALITY 

2 AND INTEGRITY ADVISORY COMMITTEE. 

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

4 amended to read as follows: 

5 ‘‘SEC. 114. ACCREDITATION AND INSTITUTIONAL QUALITY 

6 AND INTEGRITY COMMITTEE. 

7 ‘‘(a) ESTABLISHMENT.—There is established in the De8 partment an Accreditation and Institutional Quality and 

9 Integrity Advisory Committee (in this section referred to 

10 as the ‘Committee’) to assess the process of accreditation 

11 and the institutional eligibility and certification of such in12 stitutions under title IV. 

13 ‘‘(b) MEMBERSHIP.— 

14 ‘‘(1) IN GENERAL.—The Committee shall have 15 

15 members, of which— 

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

17 Secretary; 

18 ‘‘(B) 5 members shall be appointed by the 

19 Speaker of the House of Representatives upon the 

20 recommendation of the majority leader and mi21 nority leader of the House of Representatives; 

22 and 

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

24 President pro tempore of the Senate upon the 

25 recommendation of the majority leader and mi26 nority leader of the Senate. 


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1 ‘‘(2) QUALIFICATIONS.—Individuals shall be ap2 pointed as members of the Committee on— 

3 ‘‘(A) the basis of the individuals’ experience, 

4 integrity, impartiality, and good judgment; 

5 ‘‘(B) from among individuals who are rep6 resentatives of, or knowledgeable concerning, edu7 cation and training beyond secondary education, 

8 representatives of all sectors and types of institu9 tions of higher education (as defined in section 

10 102); and 

11 ‘‘(C) on the basis of the individuals’ tech12 nical qualifications, professional standing, and 

13 demonstrated knowledge in the fields of accredi14 tation and administration in higher education. 

15 ‘‘(3) TERMS OF MEMBERS.—The term of office of 

16 each member of the Committee shall be for 6 years, 

17 except that any member appointed to fill a vacancy 

18 occurring prior to the expiration of the term for 

19 which the member’s predecessor was appointed shall 

20 be appointed for the remainder of such term. 

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

22 shall be filled in the same manner as the original ap23 pointment was made not later than 90 days after the 

24 vacancy occurred. If a vacancy occurs in a position 

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1 lish a Federal Register notice soliciting nominations 

2 for the position not later than 30 days after being no3 tified of the vacancy. 

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

5 initial members of the Committee shall be— 

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

7 paragraph (1)(A); 

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

9 paragraph (1)(B); and 

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

11 paragraph (1)(C). 

12 ‘‘(6) CHAIRPERSON.—The members of the Com13 mittee shall select a chairperson from among the 

14 members. 

15 ‘‘(c) FUNCTIONS.—The Committee shall— 

16 ‘‘(1) advise the Secretary with respect to estab17 lishment and enforcement of the standards of accred18 iting agencies or associations under subpart 2 of part 

19 H of title IV; 

20 ‘‘(2) advise the Secretary with respect to the rec21 ognition of a specific accrediting agency or associa22 tion; 

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

24 preparation and publication of the list of nationally 

25 recognized accrediting agencies and associations; 


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1 ‘‘(4) advise the Secretary with respect to the eli2 gibility and certification process for institutions of 

3 higher education under title IV, together with rec4 ommendations for improvements in such process; 

5 ‘‘(5) advise the Secretary with respect to the re6 lationship between— 

7 ‘‘(A) accreditation of institutions of higher 

8 education and the certification and eligibility of 

9 such institutions; and 

10 ‘‘(B) State licensing responsibilities with re11 spect to such institutions; and 

12 ‘‘(6) carry out such other advisory functions re13 lating to accreditation and institutional eligibility as 

14 the Secretary may prescribe in regulation. 

15 ‘‘(d) MEETING PROCEDURES.— 

16 ‘‘(1) SCHEDULE.— 

17 ‘‘(A) BIANNUAL MEETINGS.—The Committee 

18 shall meet not less often than twice each year, at 

19 the call of the Chairperson. 

20 ‘‘(B) PUBLICATION OF DATE.—The Com21 mittee shall submit the date and location of each 

22 meeting in advance to the Secretary, and the 

23 Secretary shall publish such information in the 

24 Federal Register not later than 30 days before 

25 the meeting. 


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1 ‘‘(2) AGENDA.— 

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

3 meeting of the Committee shall be established by 

4 the Chairperson and shall be submitted to the 

5 members of the Committee upon notification of 

6 the meeting. 

7 ‘‘(B) OPPORTUNITY FOR PUBLIC COM8 MENT.—The agenda shall include, at a min9 imum, opportunity for public comment during 

10 the Committee’s deliberations. 

11 ‘‘(3) SECRETARY’S DESIGNEE.— 

12 ‘‘(A) ATTENDANCE AT MEETING.—The 

13 Chairperson shall invite the Secretary’s designee 

14 to attend all meetings of the Committee. 

15 ‘‘(B) ROLE OF DESIGNEE.—The Secretary’s 

16 designee may be present at a Committee meeting 

17 to facilitate the exchange and free flow of infor18 mation between the Secretary and the Com19 mittee. The designee shall have no authority over 

20 the agenda of the meeting, the items on that 

21 agenda, or on the resolution of any agenda item. 

22 ‘‘(4) FEDERAL ADVISORY COMMITTEE ACT.—The 

23 provisions of the Federal Advisory Committee Act (5 

24 U.S.C. App.) shall apply to the Committee, except 

25 that section 14 of such Act shall not apply. 


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1 ‘‘(e) REPORT AND NOTICE.— 

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

3 publish in the Federal Register— 

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

5 the Committee— 

6 ‘‘(i) the member’s name; 

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

8 member’s term of office; and 

9 ‘‘(iii) the individual described in sub10 section (b)(1) who appointed the member; 

11 and 

12 ‘‘(B) a solicitation of nominations for each 

13 expiring term of office on the Committee of a 

14 member appointed by the Secretary. 

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

16 each year, the Committee shall make an annual re17 port to the Secretary, the authorizing committees, and 

18 the public. The annual report shall contain— 

19 ‘‘(A) a detailed summary of the agenda and 

20 activities of, and the findings and recommenda21 tions made by, the Committee during the pre22 ceding fiscal year; 

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

24 meeting during the preceding fiscal year; 


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1 ‘‘(C) a list of the members of the Committee 

2 and appropriate contact information; and 

3 ‘‘(D) a list of the functions of the Com4 mittee, including any additional functions estab5 lished by the Secretary through regulation. 

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

7 on September 30, 2012.’’. 

8 (b) TERMINATION OF NACIQI.—The National Advi9 sory Committee on Institutional Quality and Integrity, es10 tablished under section 114 of the Higher Education Act 

11 of 1965 (as such section was in effect the day before the 

12 date of enactment of this Act) shall terminate 90 days after 

13 such date. 

14 SEC. 106. DRUG AND ALCOHOL ABUSE PREVENTION. 

15 Section 120(a)(2) (20 U.S.C. 1011i(a)(2)) is amend16 ed— 

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

18 the semicolon; 

19 (2) by redesignating subparagraph (B) as sub20 paragraph (D); and 

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

22 amended by paragraph (1)) the following: 

23 ‘‘(B) determine the number of drug and al24 cohol-related incidents and fatalities that— 


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

2 or as part of any of the institution’s activi3 ties; and 

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

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

6 sanctions described in paragraph (1)(E) that are 

7 imposed by the institution as a result of drug 

8 and alcohol-related incidents and fatalities on 

9 the institution’s property or as part of any of the 

10 institution’s activities; and’’. 

11 SEC. 107. PRIOR RIGHTS AND OBLIGATIONS. 

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

13 (1) in paragraph (1), by striking ‘‘1999 and for 

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

15 ‘‘2008 and for each succeeding fiscal year’’; and 

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

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

18 ‘‘2008 and for each succeeding fiscal year’’. 

19 SEC. 108. TRANSPARENCY IN COLLEGE TUITION FOR CON20 SUMERS. 

21 Part C of title I (20 U.S.C. 1015) is amended by add22 ing at the end the following: 


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1 ‘‘SEC. 132. TRANSPARENCY IN COLLEGE TUITION FOR CON2 SUMERS. 

3 ‘‘(a) NET PRICE.—In this section, the term ‘net price’ 

4 means the average yearly tuition and fees paid by a full5 time undergraduate student at an institution of higher edu6 cation, after discounts and grants from the institution, Fed7 eral Government, or a State have been applied to the full 

8 price of tuition and fees at the institution. 

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

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

11 the date of enactment of the Higher Education 

12 Amendments of 2007, the Commission of the Bureau 

13 of Labor Statistics, in consultation with the Commis14 sioner of Education Statistics and representatives of 

15 institutions of higher education, shall develop higher 

16 education price indices that accurately reflect the an17 nual change in tuition and fees for undergraduate 

18 students in the categories of institutions listed in 

19 paragraph (2). Such indices shall be updated annu20 ally. 

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

22 price index under paragraph (1) shall be developed 

23 for each of the following categories: 

24 ‘‘(A) 4-year public degree-granting institu25 tions of higher education. 


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1 ‘‘(B) 4-year private degree-granting institu2 tions of higher education. 

3 ‘‘(C) 2-year public degree-granting institu4 tions of higher education. 

5 ‘‘(D) 2-year private degree-granting institu6 tions of higher education. 

7 ‘‘(E) Less than 2-year institutions of higher 

8 education. 

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

10 subparagraphs (A) through (E). 

11 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

12 There are authorized to be appropriated to carry out 

13 this subsection such sums as may be necessary. 

14 ‘‘(c) REPORTING.— 

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

16 report, in a national list and in a list for each State, 

17 a ranking of institutions of higher education accord18 ing to such institutions’ change in tuition and fees 

19 over the preceding 2 years. The purpose of such lists 

20 is to provide consumers with general information on 

21 pricing trends among institutions of higher education 

22 nationally and in each State. 

23 ‘‘(2) COMPILATION.— 


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

2 paragraph (1) shall be compiled according to the 

3 following categories: 

4 ‘‘(i) 4-year public institutions of high5 er education. 

6 ‘‘(ii) 4-year private, nonprofit institu7 tions of higher education. 

8 ‘‘(iii) 4-year private, for-profit institu9 tions of higher education. 

10 ‘‘(iv) 2-year public institutions of high11 er education. 

12 ‘‘(v) 2-year private, nonprofit institu13 tions of higher education. 

14 ‘‘(vi) 2-year private, for-profit institu15 tions of higher education. 

16 ‘‘(vii) Less than 2-year public institu17 tions of higher education. 

18 ‘‘(viii) Less than 2-year private, non19 profit institutions of higher education. 

20 ‘‘(ix) Less than 2-year private, for21 profit institutions of higher education. 

22 ‘‘(B) PERCENTAGE AND DOLLAR CHANGE.— 

23 The lists described in paragraph (1) shall in24 clude 2 lists for each of the categories under sub25 paragraph (A) as follows: 


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

2 by percentage change in tuition and fees 

3 over the preceding 2 years. 

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

5 by dollar change in tuition and fees over the 

6 preceding 2 years. 

7 ‘‘(3) HIGHER EDUCATION PRICE INCREASE

8 WATCH LISTS.—Upon completion of the development 

9 of the higher education price indices described in 

10 paragraph (1), the Secretary shall annually report, in 

11 a national list, and in a list for each State, a ranking 

12 of each institution of higher education whose tuition 

13 and fees outpace such institution’s applicable higher 

14 education price index described in subsection (b). 

15 Such lists shall— 

16 ‘‘(A) be known as the ‘Higher Education 

17 Price Increase Watch Lists’; 

18 ‘‘(B) report the full price of tuition and fees 

19 at the institution and the net price; 

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

21 price of room and board for students living on 

22 campus at the institution, except that such price 

23 shall not be used in determining whether an in24 stitution’s cost outpaces such institution’s appli25 cable higher education price index; and 


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1 ‘‘(D) be compiled by the Secretary in a pub2 lic document to be widely published and dissemi3 nated in paper form and through the website of 

4 the Department. 

5 ‘‘(4) STATE HIGHER EDUCATION APPROPRIA6 TIONS CHART.—The Secretary shall annually report, 

7 in charts for each State— 

8 ‘‘(A) a comparison of the percentage change 

9 in State appropriations per enrolled student in 

10 a public institution of higher education in the 

11 State to the percentage change in tuition and 

12 fees for each public institution of higher edu13 cation in the State for each of the previous 5 

14 years; and 

15 ‘‘(B) the total amount of need-based and 

16 merit-based aid provided by the State to students 

17 enrolled in a public institution of higher edu18 cation in the State. 

19 ‘‘(5) SHARING OF INFORMATION.—The Secretary 

20 shall share the information under paragraphs (1) 

21 through (4) with the public, including with private 

22 sector college guidebook publishers. 

23 ‘‘(d) NET PRICE CALCULATOR.— 

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

25 after the date of enactment of the Higher Education 


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1 Amendments of 2007, the Secretary shall, in consulta2 tion with institutions of higher education, develop 

3 and make several model net price calculators to help 

4 students, families, and consumers determine the net 

5 price of an institution of higher education, which in6 stitutions of higher education may, at their discre7 tion, elect to use pursuant to paragraph (3). 

8 ‘‘(2) CATEGORIES.—The model net price calcula9 tors described in paragraph (1) shall be developed for 

10 each of the following categories: 

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

12 education. 

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

14 of higher education. 

15 ‘‘(C) 4-year private, for-profit institutions 

16 of higher education. 

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

18 education. 

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

20 of higher education. 

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

22 of higher education. 

23 ‘‘(G) Less than 2-year public institutions of 

24 higher education. 


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

2 institutions of higher education. 

3 ‘‘(I) Less than 2-year private, for-profit in4 stitutions of higher education. 

5 ‘‘(3) USE OF NET PRICE CALCULATOR BY INSTI6 TUTIONS.—Not later than 3 years after the date of en7 actment of the Higher Education Amendments of 

8 2007, each institution of higher education that re9 ceives Federal funds under this Act shall adopt and 

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

11 and other consumers determine the net price of such 

12 institution of higher education. Such calculator may 

13 be— 

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

15 by the Department; or 

16 ‘‘(B) developed by the institution of higher 

17 education. 

18 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

19 There are authorized to be appropriated to carry out 

20 this subsection such sums as may be necessary. 

21 ‘‘(e) NET PRICE REPORTING IN APPLICATION INFOR22 MATION.—An institution of higher education that receives 

23 Federal funds under this Act shall include, in the materials 

24 accompanying an application for admission to the institu25 tion, the most recent information regarding the net price 


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1 of the institution, calculated for each quartile of students 

2 based on the income of either the students’ parents or, in 

3 the case of independent students (as such term is described 

4 in section 480), of the students, for each of the 2 academic 

5 years preceding the academic year for which the application 

6 is produced. 

7 ‘‘(f) ENHANCED COLLEGE INFORMATION WEBSITE.— 

8 ‘‘(1) IN GENERAL.— 

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

10 after the date of enactment of the Higher Edu11 cation Amendments of 2007, the Secretary shall 

12 contract with an independent organization with 

13 demonstrated experience in the development of 

14 consumer-friendly websites to develop improve15 ments to the website known as the College Oppor16 tunities On-Line (COOL) so that it better meets 

17 the needs of students, families, and consumers for 

18 accurate and appropriate information on insti19 tutions of higher education. 

20 ‘‘(B) IMPLEMENTATIONS.—Not later than 1 

21 year after the date of enactment of the Higher 

22 Education Amendments of 2007, the Secretary 

23 shall implement the improvements developed by 

24 the independent organization described under 


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1 subparagraph (A) to the college information 

2 website. 

3 ‘‘(2) UNIVERSITY AND COLLEGE ACCOUNTABILITY

4 NETWORK.—Not later than 1 year after the date of 

5 enactment of the Higher Education Amendments of 

6 2007, the Secretary shall develop a model document 

7 for annually reporting basic information about an in8 stitution of higher education that chooses to partici9 pate, to be posted on the college information website 

10 and made available to institutions of higher edu11 cation, students, families, and other consumers. Such 

12 document shall be known as the ‘University and Col13 lege Accountability Network’ (U-CAN), and shall in14 clude, the following information about the institution 

15 of higher education for the most recent academic year 

16 for which the institution has available data, presented 

17 in a consumer-friendly manner: 

18 ‘‘(A) A statement of the institution’s mis19 sion and specialties. 

20 ‘‘(B) The total number of undergraduate 

21 students who applied, were admitted, and en22 rolled at the institution. 

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

24 mathematics, and combined scores on the SAT or 


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1 ACT for the middle 50 percent range of the insti2 tution’s freshman class. 

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

4 and transfer students at the institution, at the 

5 undergraduate and (where applicable) graduate 

6 levels. 

7 ‘‘(E) Percentage of male and female under8 graduate students enrolled at the institution. 

9 ‘‘(F) Percentage of enrolled undergraduate 

10 students from the State in which the institution 

11 is located, from other States, and from other 

12 countries. 

13 ‘‘(G) Percentage of enrolled undergraduate 

14 students at the institution by race and ethnic 

15 background. 

16 ‘‘(H) Retention rates for full-time and part17 time first-time first-year undergraduate students 

18 enrolled at the institution. 

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

20 completion for first-time, first-year under21 graduate students enrolled at the institution. 

22 ‘‘(J) Percentage of enrolled undergraduate 

23 students who graduate within 2 years (in the 

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

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


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

2 certificate or an associate’s, bachelor’s, master’s, 

3 or doctoral degree at the institution. 

4 ‘‘(L) The undergraduate major areas of 

5 study with the highest number of degrees award6 ed. 

7 ‘‘(M) The student-faculty ratio, and number 

8 of full-time, part-time, and adjunct faculty at 

9 the institution. 

10 ‘‘(N) Percentage of faculty at the institution 

11 with the highest degree in their field. 

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

13 in tuition and fees and the net price for an un14 dergraduate at the institution in each of the pre15 ceding 5 academic years. 

16 ‘‘(P) The total average yearly cost of tuition 

17 and fees, room and board, and books and other 

18 related costs for an undergraduate student en19 rolled at the institution, for— 

20 ‘‘(i) full-time undergraduate students 

21 living on campus; 

22 ‘‘(ii) full-time undergraduate students 

23 living off-campus; and 

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

25 a public institution of higher education, 


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1 such costs for in-State and out-of-State stu2 dents living on and off-campus. 

3 ‘‘(Q) The average yearly grant amount (in4 cluding Federal, State, and institutional aid) for 

5 a student enrolled at the institution. 

6 ‘‘(R) The average yearly amount of Federal 

7 student loans, and other loans provided through 

8 the institution, to undergraduate students en9 rolled at the institution. 

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

11 undergraduate students enrolled at the institu12 tion, from the Federal Government, a State, the 

13 institution, and other sources. 

14 ‘‘(T) The percentage of undergraduate stu15 dents enrolled at the institution receiving Fed16 eral, State, and institutional grants, student 

17 loans, and any other type of student financial 

18 assistance provided publicly or through the insti19 tution, such as Federal work-study funds. 

20 ‘‘(U) The average net price for all under21 graduate students enrolled at the institution. 

22 ‘‘(V) The percentage of first-year under23 graduate students enrolled at the institution who 

24 live on campus and off campus. 


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1 ‘‘(W) Information on the policies of the in2 stitution related to transfer of credit from other 

3 institutions. 

4 ‘‘(X) Information on campus safety required 

5 to be collected under section 485(f). 

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

7 institution’s website that provide information on 

8 student activities offered by the institution, such 

9 as intercollegiate sports, student organizations, 

10 study abroad opportunities, intramural and club 

11 sports, specialized housing options, community 

12 service opportunities, cultural and arts opportu13 nities on campus, religious and spiritual life on 

14 campus, and lectures and outside learning op15 portunities. 

16 ‘‘(Z) Links to the appropriate sections of 

17 the institution’s website that provide information 

18 on services offered by the institution to students 

19 during and after college, such as internship op20 portunities, career and placement services, and 

21 preparation for further education. 

22 ‘‘(3) CONSULTATION.—The Secretary shall en23 sure that current and prospective college students, 

24 family members of such students, and institutions of 


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1 higher education are consulted in carrying out para2 graphs (1) and (2). 

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

7 United States shall— 

8 ‘‘(1) conduct a study on the time and cost bur9 dens to institutions of higher education associated 

10 with completing the Integrated Postsecondary Edu11 cation Data System (IPEDS), which study shall— 

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

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

14 and less than 2-year institutions of higher edu15 cation; and 

16 ‘‘(B) present recommendations for reducing 

17 such burden; 

18 ‘‘(2) not later than 1 year after the date of enact19 ment of the Higher Education Amendments of 2007, 

20 submit to Congress a preliminary report regarding 

21 the findings of the study described in paragraph (1); 

22 and 

23 ‘‘(3) not later than 2 years after the date of en24 actment of the Higher Education Amendments of 


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1 2007, submit to Congress a final report regarding 

2 such findings.’’. 

3 SEC. 109. DATABASES OF STUDENT INFORMATION PROHIB4 ITED. 

5 Part C of title I (20 U.S.C. 1015), as amended by sec6 tion 108, is further amended by adding at the end the fol7 lowing: 

8 ‘‘SEC. 133. DATABASE OF STUDENT INFORMATION PROHIB9 ITED. 

10 ‘‘(a) PROHIBITION.—Except as described in (b), noth11 ing in this Act shall be construed to authorize the develop12 ment, implementation, or maintenance of a Federal data13 base of personally identifiable information on individuals 

14 receiving assistance under this Act, attending institutions 

15 receiving assistance under this Act, or otherwise involved 

16 in any studies or other collections of data under this Act, 

17 including a student unit record system, an education bar 

18 code system, or any other system that tracks individual stu19 dents over time. 

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

21 shall not affect the loan obligation enforcement activities 

22 described in section 485B. 

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

24 prohibit a State or a consortium of States from developing, 

25 implementing, or maintaining State-developed databases 


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1 that track individuals over time, including student unit 

2 record systems that contain information related to enroll3 ment, attendance, graduation and retention rates, student 

4 financial assistance, and graduate employment outcomes.’’. 

5 SEC. 110. CLEAR AND EASY-TO-FIND INFORMATION ON STU6 DENT FINANCIAL AID. 

7 Part C of title I (as amended by sections 108 and 109) 

8 is further amended by adding at the end the following: 

9 ‘‘SEC. 134. CLEAR AND EASY-TO-FIND INFORMATION ON 

10 STUDENT FINANCIAL AID. 

11 ‘‘(a) PROMINENT DISPLAY.—The Secretary shall en12 sure that a link to current student financial aid informa13 tion is displayed prominently on the home page of the De14 partment website. 

15 ‘‘(b) ENHANCED STUDENT FINANCIAL AID INFORMA16 TION.— 

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

18 after the date of enactment of the Higher Education 

19 Amendments of 2007, the Secretary shall contract 

20 with an independent organization with demonstrated 

21 expertise in the development of consumer-friendly 

22 websites to develop improvements to the usefulness 

23 and accessibility of the information provided by the 

24 Department on college financial planning and stu25 dent financial aid. 


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

2 after the date of enactment of the Higher Education 

3 Amendments of 2007, the Secretary shall implement 

4 the improvements developed by the independent orga5 nization described under paragraph (1) to the college 

6 financial planning and student financial aid website 

7 of the Department. 

8 ‘‘(3) DISSEMINATION.—The Secretary shall make 

9 the availability of the information on the website 

10 widely known through a major media campaign and 

11 other forms of communication.’’. 

12 SEC. 111. PERFORMANCE-BASED ORGANIZATION FOR THE 

13 DELIVERY OF FEDERAL STUDENT FINANCIAL 

14 ASSISTANCE. 

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

16 (1) in subsection (a)— 

17 (A) in paragraph (1), by striking ‘‘oper18 ational’’ and inserting ‘‘administrative and 

19 oversight’’; and 

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

21 the operational functions’’ and inserting ‘‘and 

22 administration’’; 

23 (2) in subsection (b)— 

24 (A) in paragraph (1)— 


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

2 ‘‘the information systems administered by 

3 the PBO, and other functions performed by 

4 the PBO’’ and inserting ‘‘the Federal stu5 dent financial assistance programs author6 ized under title IV’’; and 

7 (ii) by striking subparagraph (C) and 

8 inserting the following: 

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

10 identifying goals for— 

11 ‘‘(i) the administration of the systems 

12 used to administer the Federal student fi13 nancial assistance programs authorized 

14 under title IV; and 

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

16 current technology.’’; and 

17 (B) in paragraph (2)— 

18 (i) in the matter preceding subpara19 graph (A), by striking ‘‘administration of 

20 the information and financial systems that 

21 support’’ and inserting ‘‘the administration 

22 of Federal’’; 

23 (ii) in subparagraph (A)— 

24 (I) in the matter preceding clause 

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


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1 for Federal student assistance’’ and in2 serting ‘‘for the Federal student assist3 ance programs authorized under title 

4 IV’’; 

5 (II) by striking clauses (i) and 

6 (ii) and inserting the following: 

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

8 transmission of data to students, institu9 tions, lenders, State agencies, and other au10 thorized parties; 

11 ‘‘(ii) the design and technical specifica12 tions for software development and procure13 ment for systems supporting the student fi14 nancial assistance programs authorized 

15 under title IV;’’; 

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

17 ‘‘delivery’’ and inserting ‘‘administra18 tion’’; 

19 (IV) in clause (iv)— 

20 (aa) by inserting ‘‘the’’ after 

21 ‘‘supporting’’; and 

22 (bb) by striking ‘‘and’’ after 

23 the semicolon; 

24 (V) in clause (v), by striking ‘‘sys25 tems that support those programs.’’ 


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1 and inserting ‘‘the administration of 

2 the Federal student assistance pro3 grams authorized under title IV; and’’; 

4 and 

5 (VI) by adding at the end the fol6 lowing: 

7 ‘‘(vi) ensuring the integrity of the stu8 dent assistance programs authorized under 

9 title IV.’’; and 

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

11 ‘‘operations and services’’ and inserting 

12 ‘‘activities and functions’’; and 

13 (3) in subsection (c)— 

14 (A) in the subsection heading, by striking 

15 ‘‘PERFORMANCE PLAN AND REPORT’’ and insert16 ing ‘‘PERFORMANCE PLAN, REPORT, AND BRIEF17 ING’’; 

18 (B) in paragraph (1)(C)— 

19 (i) in clause (iii), by striking ‘‘infor20 mation and delivery’’; and 

21 (ii) in clause (iv)— 

22 (I) by striking ‘‘Developing an’’ 

23 and inserting ‘‘Developing’’; and 


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1 (II) by striking ‘‘delivery and in2 formation system’’ and inserting ‘‘sys3 tems’’; 

4 (C) in paragraph (2)— 

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

6 ‘‘the’’ after ‘‘PBO and’’; and 

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

8 ‘‘Officer’’ and inserting ‘‘Officers’’; 

9 (D) in paragraph (3), by inserting ‘‘stu10 dents,’’ after ‘‘consult with’’; and 

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

12 ‘‘(4) BRIEFING ON ENFORCEMENT OF STUDENT

13 LOAN PROVISIONS.—The Chief Operating Officer shall 

14 provide an annual briefing to the members of the au15 thorizing committees on the steps the PBO has taken 

16 and is taking to ensure that lenders are providing the 

17 information required under clauses (iii) and (iv) of 

18 section 428(c)(3)(C) and sections 428(b)(1)(Z) and 

19 428C(b)(1)(F).’’; 

20 (4) in subsection (d)— 

21 (A) in paragraph (1), by striking the second 

22 sentence; and 

23 (B) in paragraph (5)— 


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

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

3 (4)’’; and 

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

5 ‘‘this’’; 

6 (5) in subsection (f)— 

7 (A) in paragraph (2), by striking ‘‘to bor8 rowers’’ and inserting ‘‘to students, borrowers,’’; 

9 and 

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

11 ‘‘(1)(A)’’ and inserting ‘‘(1)’’; 

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

13 than 25’’; 

14 (7) in subsection (h), by striking ‘‘organizational 

15 effectiveness’’ and inserting ‘‘effectiveness’’; 

16 (8) by striking subsection (i); 

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

18 (i); and 

19 (10) in subsection (i) (as redesignated by para20 graph (9)), by striking ‘‘, including transition costs’’. 

21 SEC. 112. PROCUREMENT FLEXIBILITY. 

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

23 (1) in subsection (b)— 

24 (A) in paragraph (1)— 


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1 (i) by striking ‘‘for information sys2 tems supporting the programs authorized 

3 under title IV’’; and 

4 (ii) by striking ‘‘and’’ after the semi5 colon; 

6 (B) in paragraph (2), by striking the period 

7 at the end and inserting ‘‘; and’’; and 

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

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

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

11 utilize procurement systems that streamline op12 erations, improve internal controls, and enhance 

13 management; and 

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

15 and assess such systems’ ability to meet PBO re16 quirements.’’; 

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

18 the following: 

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

20 Chief Operating Officer shall, when appropriate and 

21 consistent with the purposes of the PBO, acquire serv22 ices related to the functions set forth in section 

23 141(b)(2) from any entity that has the capability and 

24 capacity to meet the requirements set by the PBO. 

25 The Chief Operating Officer is authorized to pay fees 


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1 that are equivalent to those paid by other entities to 

2 an organization that provides services that meet the 

3 requirements of the PBO, as determined by the Chief 

4 Operating Officer.’’; 

5 (3) in subsection (d)(2)(B), by striking ‘‘on Fed6 eral Government contracts’’; 

7 (4) in subsection (g)— 

8 (A) in paragraph (4)(A)— 

9 (i) in the subparagraph heading, by 

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

11 ‘‘SINGLE-SOURCE BASIS.—’’; and 

12 (ii) by striking ‘‘sole-source’’ and in13 serting ‘‘single-source’’; and 

14 (B) in paragraph (7), by striking ‘‘sole15 source’’ and inserting ‘‘single-source’’; 

16 (5) in subsection (h)(2)(A), by striking ‘‘sole17 source’’ and inserting ‘‘single-source’’; and 

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

19 and inserting the following: 

20 ‘‘(3) SINGLE-SOURCE BASIS.—The term ‘single21 source basis’, with respect to an award of a contract, 

22 means that the contract is awarded to a source after 

23 soliciting an offer or offers from, and negotiating 

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

25 the only source in the marketplace capable of meeting 


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1 the need) because such source is the most advan2 tageous source for purposes of the award.’’. 

3 SEC. 113. INSTITUTION AND LENDER REPORTING AND DIS4 CLOSURE REQUIREMENTS. 

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

6 at the end the following: 

7 ‘‘PART E—LENDER AND INSTITUTION REQUIRE8 MENTS RELATING TO EDUCATIONAL LOANS 

9 ‘‘SEC. 151. DEFINITIONS. 

10 ‘‘In this part: 

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

12 attendance’ has the meaning given the term in section 

13 472. 

14 ‘‘(2) COVERED INSTITUTION.—The term ‘covered 

15 institution’— 

16 ‘‘(A) means any educational institution 

17 that offers a postsecondary educational degree, 

18 certificate, or program of study (including any 

19 institution of higher education, as such term is 

20 defined in section 102) and receives any Federal 

21 funding or assistance; and 

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

23 educational institution or any organization or 

24 entity affiliated with, or directly or indirectly 

25 controlled by, such institution. 


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1 ‘‘(3) EDUCATIONAL LOAN.—The term ‘edu2 cational loan’ means any loan made, insured, or 

3 guaranteed under title IV. 

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

5 term ‘educational loan arrangement’ means an ar6 rangement or agreement between a lender and a cov7 ered institution— 

8 ‘‘(A) under which arrangement or agree9 ment a lender provides or otherwise issues edu10 cational loans to the students attending the cov11 ered institution or the parents of such students; 

12 and 

13 ‘‘(B) which arrangement or agreement— 

14 ‘‘(i) relates to the covered institution 

15 recommending, promoting, endorsing, or 

16 using educational loans of the lender; and 

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

18 or provision of other material benefit by the 

19 lender to the institution or to groups of stu20 dents who attend the institution. 

21 ‘‘(5) LENDER.—The term ‘lender’— 

22 ‘‘(A) means— 

23 ‘‘(i) any lender— 


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1 ‘‘(I) of a loan made, insured, or 

2 guaranteed under part B of title IV; 

3 and 

4 ‘‘(II) that is a financial institu5 tion, as such term is defined in section 

6 509 of the Gramm-Leach-Bliley Act 

7 (15 U.S.C. 6809); and 

8 ‘‘(ii) in the case of any loan issued or 

9 provided to a student under part D of title 

10 IV, the Secretary; and 

11 ‘‘(B) includes any individual, group, or en12 tity acting on behalf of the lender in connection 

13 with an educational loan. 

14 ‘‘(6) OFFICER.—The term ‘officer’ includes a di15 rector or trustee of an institution. 

16 ‘‘SEC. 152. REQUIREMENTS FOR LENDERS AND INSTITU17 TIONS PARTICIPATING IN EDUCATIONAL 

18 LOAN ARRANGEMENTS. 

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

20 that enters into an educational loan arrangement shall dis21 close the name of the lender in documentation related to 

22 the loan. 

23 ‘‘(b) DISCLOSURES.— 

24 ‘‘(1) DISCLOSURES BY LENDERS.—Before a lend25 er issues or otherwise provides an educational loan to 


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1 a student, the lender shall provide the student, in 

2 writing, with the disclosures described in paragraph 

3 (2). 

4 ‘‘(2) DISCLOSURES.—The disclosures required by 

5 this paragraph shall include a clear and prominent 

6 statement— 

7 ‘‘(A) of the interest rates of the educational 

8 loan being offered; 

9 ‘‘(B) showing sample educational loan costs, 

10 disaggregated by type; 

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

12 type of educational loan being offered— 

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

14 are available; 

15 ‘‘(ii) whether, and under what condi16 tions, early repayment may be made with17 out penalty; 

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

19 the loan will be capitalized; 

20 ‘‘(iv) the terms and conditions of 

21 deferments or forbearance; 

22 ‘‘(v) all available repayment benefits, 

23 the percentage of all borrowers who qualify 

24 for such benefits, and the percentage of bor25 rowers who received such benefits in the preVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00590 Fmt 6652 Sfmt 6203 E:\BILLS\S1642.RS S1642

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1 ceding academic year, for each type of loan 

2 being offered; 

3 ‘‘(vi) the collection practices in the case 

4 of default; and 

5 ‘‘(vii) all fees that the borrower may be 

6 charged, including late payment penalties 

7 and associated fees; and 

8 ‘‘(D) of such other information as the Sec9 retary may require in regulations. 

10 ‘‘(c) DISCLOSURES TO THE SECRETARY BY LENDER.— 

11 ‘‘(1) IN GENERAL.—Each lender shall, on an an12 nual basis, report to the Secretary any reasonable ex13 penses paid or given under section 435(d)(5)(D), 

14 487(a)(21)(A)(ii), or 487(a)(21)(A)(iv) to any em15 ployee who is employed in the financial aid office of 

16 a covered institution, or who otherwise has respon17 sibilities with respect to educational loans or other fi18 nancial aid of the institution. Such reports shall in19 clude— 

20 ‘‘(A) the amount of each specific instance in 

21 which the lender provided such reimbursement; 

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

23 or other employee to whom the reimbursement 

24 was made; 


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

2 reimbursement was made; and 

3 ‘‘(D) a brief description of the activity for 

4 which the reimbursement was made. 

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

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

7 report and transmit such report to the authorizing 

8 committees annually. 

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

10 AND LENDERS PARTICIPATING IN EDU11 CATIONAL LOAN ARRANGEMENTS. 

12 ‘‘(a) SECRETARY DUTIES.— 

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

14 than 180 days after the date of enactment of the 

15 Higher Education Amendments of 2007, the Secretary 

16 shall— 

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

18 the information provided to students and the 

19 parents of such students about educational loans, 

20 after consulting with students, representatives of 

21 covered institutions (including financial aid ad22 ministrators, registrars, and business officers), 

23 lenders, loan servicers, and guaranty agencies; 

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

25 based on the report’s findings, to be used by lendVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00592 Fmt 6652 Sfmt 6203 E:\BILLS\S1642.RS S1642

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1 ers and covered institutions in carrying out sub2 sections (b) and (c)— 

3 ‘‘(i) that provides information on the 

4 applicable interest rates and other terms 

5 and conditions of the educational loans pro6 vided by a lender to students attending the 

7 institution, or the parents of such students, 

8 disaggregated by each type of educational 

9 loans provided to such students or parents 

10 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 the 

17 repayment behavior of the borrower; 

18 ‘‘(III) the average amount bor19 rowed from the lender by students en20 rolled in the institution who obtain 

21 loans of such type from the lender for 

22 the preceding academic year; 

23 ‘‘(IV) the average interest rate on 

24 such loans provided to such students 

25 for the preceding academic year; and 


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1 ‘‘(V) the amount that the borrower 

2 may repay in interest, based on the 

3 standard repayment period of a loan, 

4 on the average amount borrowed from 

5 the lender by students enrolled in the 

6 institution who obtain loans of such 

7 type from the lender for the preceding 

8 academic year; and 

9 ‘‘(ii) which format shall be easily usa10 ble by lenders, institutions, guaranty agen11 cies, loan servicers, parents, and students; 

12 and 

13 ‘‘(C)(i) submit the report and model format 

14 to the authorizing committees; and 

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

16 available to covered institutions, lenders, and the 

17 public. 

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

19 such steps as necessary to make the model format 

20 available to covered institutions and to encourage— 

21 ‘‘(A) lenders subject to subsection (b) to use 

22 the model format in providing the information 

23 required under subsection (b); and 


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1 ‘‘(B) covered institutions to use such format 

2 in preparing the information report under sub3 section (c). 

4 ‘‘(b) LENDER DUTIES.—Each lender that has an edu5 cational loan arrangement with a covered institution shall 

6 annually, by a date determined by the Secretary, provide 

7 to the covered institution and to the Secretary the informa8 tion included on the model format for each type of edu9 cational loan provided by the lender to students attending 

10 the covered institution, or the parents of such students, for 

11 the preceding academic year. 

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

13 institution shall— 

14 ‘‘(1) prepare and submit to the Secretary an an15 nual report, by a date determined by the Secretary, 

16 that includes, for each lender that has an educational 

17 loan arrangement with the covered institution and 

18 that has submitted to the institution the information 

19 required under subsection (b)— 

20 ‘‘(A) the information included on the model 

21 format for each type of educational loan pro22 vided by the lender to students attending the cov23 ered institution, or the parents of such students; 

24 and 


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1 ‘‘(B) a detailed explanation of why the cov2 ered institution believes the terms and conditions 

3 of each type of educational loan provided pursu4 ant to the agreement are beneficial for students 

5 attending the covered institution, or the parents 

6 of such students; and 

7 ‘‘(2) ensure that the report required under para8 graph (1) is made available to the public and pro9 vided to students attending or planning to attend the 

10 covered institution, and the parents of such students, 

11 in time for the student or parent to take such infor12 mation into account before applying for or selecting 

13 an educational loan.’’. 

14 TITLE II—TEACHER QUALITY 

15 ENHANCEMENT 

16 SEC. 201. TEACHER QUALITY PARTNERSHIP GRANTS. 

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

18 to read as follows: 

19 ‘‘PART A—TEACHER QUALITY PARTNERSHIP 

20 GRANTS 

21 ‘‘SEC. 201. PURPOSES; DEFINITIONS. 

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

23 ‘‘(1) improve student achievement; 

24 ‘‘(2) improve the quality of the current and fu25 ture teaching force by improving the preparation of 


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1 prospective teachers and enhancing professional devel2 opment activities; 

3 ‘‘(3) hold institutions of higher education ac4 countable for preparing highly qualified teachers; and 

5 ‘‘(4) recruit qualified individuals, including mi6 norities and individuals from other occupations, into 

7 the teaching force. 

8 ‘‘(b) DEFINITIONS.—In this part: 

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

10 sciences’ means— 

11 ‘‘(A) when referring to an organizational 

12 unit of an institution of higher education, any 

13 academic unit that offers 1 or more academic 

14 majors in disciplines or content areas cor15 responding to the academic subject matter areas 

16 in which teachers provide instruction; and 

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

18 subject area, the disciplines or content areas in 

19 which academic majors are offered by the arts 

20 and sciences organizational unit. 

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

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

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

24 Elementary and Secondary Education Act of 1965. 


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1 ‘‘(3) CORE ACADEMIC SUBJECTS.—The term ‘core 

2 academic subjects’ has the meaning given the term in 

3 section 9101 of the Elementary and Secondary Edu4 cation Act of 1965. 

5 ‘‘(4) EARLY CHILDHOOD EDUCATION PRO6 GRAM.—The term ‘early childhood education pro7 gram’ means— 

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

9 Head Start program carried out under the Head 

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

11 ‘‘(B) a State licensed or regulated child care 

12 program or school; or 

13 ‘‘(C) a State prekindergarten program that 

14 serves children from birth through kindergarten 

15 and that addresses the children’s cognitive (in16 cluding language, early literacy, and pre17 numeracy), social, emotional, and physical devel18 opment. 

19 ‘‘(5) EARLY CHILDHOOD EDUCATOR.—The term 

20 ‘early childhood educator’ means an individual with 

21 primary responsibility for the education of children 

22 in an early childhood education program. 

23 ‘‘(6) EDUCATIONAL SERVICE AGENCY.—The term 

24 ‘educational service agency’ has the meaning given 


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1 the term in section 9101 of the Elementary and Sec2 ondary Education Act of 1965. 

3 ‘‘(7) ELIGIBLE PARTNERSHIP.—The term ‘eligi4 ble partnership’ means an entity that— 

5 ‘‘(A) shall include— 

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

7 agency; 

8 ‘‘(ii) a high-need school or a consor9 tium of high-need schools served by the high10 need local educational agency or, as appli11 cable, a high-need early childhood education 

12 program; 

13 ‘‘(iii) a partner institution; 

14 ‘‘(iv) a school, department, or program 

15 of education within such partner institu16 tion; and 

17 ‘‘(v) a school or department of arts and 

18 sciences within such partner institution; 

19 and 

20 ‘‘(B) may include any of the following: 

21 ‘‘(i) The Governor of the State. 

22 ‘‘(ii) The State educational agency. 

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

24 ‘‘(iv) The State agency for higher edu25 cation. 


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1 ‘‘(v) A business. 

2 ‘‘(vi) A public or private nonprofit 

3 educational organization. 

4 ‘‘(vii) An educational service agency. 

5 ‘‘(viii) A teacher organization. 

6 ‘‘(ix) A high-performing local edu7 cational agency, or a consortium of such 

8 local educational agencies, that can serve as 

9 a resource to the partnership. 

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

11 section 5210 of the Elementary and Sec12 ondary Education Act of 1965). 

13 ‘‘(xi) A school or department within 

14 the partner institution that focuses on psy15 chology and human development. 

16 ‘‘(xii) A school or department within 

17 the partner institution with comparable ex18 pertise in the disciplines of teaching, learn19 ing, and child and adolescent development. 

20 ‘‘(8) ESSENTIAL COMPONENTS OF READING IN21 STRUCTION.—The term ‘essential components of read22 ing instruction’ has the meaning given such term in 

23 section 1208 of the Elementary and Secondary Edu24 cation Act of 1965. 


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1 ‘‘(9) EXEMPLARY TEACHER.—The term ‘exem2 plary teacher’ has the meaning given such term in 

3 section 9101 of the Elementary and Secondary Edu4 cation Act of 1965. 

5 ‘‘(10) HIGH-NEED EARLY CHILDHOOD EDU6 CATION PROGRAM.—The term ‘high-need early child7 hood education program’ means an early childhood 

8 education program that is among the highest 25 per9 cent of early childhood programs in the geographic 

10 area served by the local educational agency in the 

11 partnership, in terms of the percentage of students 

12 from families with incomes below the poverty line. 

13 ‘‘(11) HIGH-NEED LOCAL EDUCATIONAL AGEN14 CY.—The term ‘high-need local educational agency’ 

15 means a local educational agency— 

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

17 of the children served by the agency are children 

18 from low-income families; 

19 ‘‘(ii) that serves not fewer than 10,000 chil20 dren from low-income families; or 

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

22 in average daily attendance at the schools that 

23 are served by the agency and all of whose schools 

24 are designated with a school locale code of 6, 7, 

25 or 8, as determined by the Secretary; and 


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

2 of teachers not teaching in the academic subject 

3 areas or grade levels in which the teachers were 

4 trained to teach; or 

5 ‘‘(ii) for which there is a high teacher turn6 over rate or a high percentage of teachers with 

7 emergency, provisional, or temporary certifi8 cation or licensure. 

9 ‘‘(12) HIGH-NEED SCHOOL.—The term ‘high10 need school’ means a public elementary school or pub11 lic secondary school that— 

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

13 schools served by the local educational agency 

14 that serves the school, in terms of the percentage 

15 of students from families with incomes below the 

16 poverty line; or 

17 ‘‘(B) is designated with a school locale code 

18 of 6, 7, or 8, as determined by the Secretary. 

19 ‘‘(13) HIGHLY COMPETENT.—The term ‘highly 

20 competent’, when used with respect to an early child21 hood educator, means an educator— 

22 ‘‘(A) with specialized education and train23 ing in development and education of young chil24 dren from birth until entry into kindergarten; 

25 ‘‘(B) with— 


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1 ‘‘(i) a baccalaureate degree in an aca2 demic major in the arts and sciences; or 

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

4 educational area; and 

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

6 knowledge and use of content and pedagogy in 

7 the relevant areas associated with quality early 

8 childhood education. 

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

10 qualified’ has the meaning given such term in section 

11 9101 of the Elementary and Secondary Education 

12 Act of 1965 and, with respect to special education 

13 teachers, in section 602 of the Individuals with Dis14 abilities Education Act. 

15 ‘‘(15) INDUCTION PROGRAM.—The term ‘induc16 tion program’ means a formalized program for new 

17 teachers during not less than the teachers’ first 2 

18 years of teaching that is designed to provide support 

19 for, and improve the professional performance and 

20 advance the retention in the teaching field of, begin21 ning teachers. Such program shall promote effective 

22 teaching skills and shall include the following compo23 nents: 

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


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1 ‘‘(B) Periodic, structured time for collabora2 tion with teachers in the same department or 

3 field, as well as time for information-sharing 

4 among teachers, principals, administrators, and 

5 participating faculty in the partner institution. 

6 ‘‘(C) The application of empirically based 

7 practice and scientifically valid research on in8 structional practices. 

9 ‘‘(D) Opportunities for new teachers to 

10 draw directly upon the expertise of teacher men11 tors, faculty, and researchers to support the inte12 gration of empirically based practice and sci13 entifically valid research with practice. 

14 ‘‘(E) The development of skills in instruc15 tional and behavioral interventions derived from 

16 empirically based practice and, where applicable, 

17 scientifically valid research. 

18 ‘‘(F) Faculty who— 

19 ‘‘(i) model the integration of research 

20 and practice in the classroom; and 

21 ‘‘(ii) assist new teachers with the effec22 tive use and integration of technology in the 

23 classroom. 

24 ‘‘(G) Interdisciplinary collaboration among 

25 exemplary teachers, faculty, researchers, and 


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1 other staff who prepare new teachers on the 

2 learning process and the assessment of learning. 

3 ‘‘(H) Assistance with the understanding of 

4 data, particularly student achievement data, and 

5 the data’s applicability in classroom instruction. 

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

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

8 ‘limited English proficient’ has the meaning given 

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

11 ‘‘(17) PARTNER INSTITUTION.—The term ‘part12 ner institution’ means an institution of higher edu13 cation, which may include a 2-year institution of 

14 higher education offering a dual program with a 4- 

15 year institution of higher education, participating in 

16 an eligible partnership that has a teacher preparation 

17 program— 

18 ‘‘(A) whose graduates exhibit strong per19 formance on State-determined qualifying assess20 ments for new teachers through— 

21 ‘‘(i) demonstrating that 80 percent or 

22 more of the graduates of the program who 

23 intend to enter the field of teaching have 

24 passed all of the applicable State qualifica25 tion assessments for new teachers, which 


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1 shall include an assessment of each prospec2 tive teacher’s subject matter knowledge in 

3 the content area in which the teacher in4 tends to teach; or 

5 ‘‘(ii) being ranked among the highest6 performing teacher preparation programs 

7 in the State as determined by the State— 

8 ‘‘(I) using criteria consistent with 

9 the requirements for the State report 

10 card under section 205(b); and 

11 ‘‘(II) using the State report card 

12 on teacher preparation required under 

13 section 205(b), after the first publica14 tion of such report card and for every 

15 year thereafter; or 

16 ‘‘(B) that requires— 

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

18 meet high academic standards and partici19 pate in intensive clinical experience; 

20 ‘‘(ii) each student in the program pre21 paring to become a teacher to become highly 

22 qualified; and 

23 ‘‘(iii) each student in the program pre24 paring to become an early childhood educa25 tor to meet degree requirements, as estabVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00606 Fmt 6652 Sfmt 6203 E:\BILLS\S1642.RS S1642

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1 lished by the State, and become highly com2 petent. 

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

4 The term ‘principles of scientific research’ means re5 search that— 

6 ‘‘(A) applies rigorous, systematic, and objec7 tive methodology to obtain reliable and valid 

8 knowledge relevant to education activities and 

9 programs; 

10 ‘‘(B) presents findings and makes claims 

11 that are appropriate to and supported by the 

12 methods that have been employed; and 

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

14 being conducted— 

15 ‘‘(i) use of systematic, empirical meth16 ods that draw on observation or experiment; 

17 ‘‘(ii) use of data analyses that are ade18 quate to support the general findings; 

19 ‘‘(iii) reliance on measurements or ob20 servational methods that provide reliable 

21 and generalizable findings; 

22 ‘‘(iv) claims of causal relationships 

23 only in research designs that substantially 

24 eliminate plausible competing explanations 

25 for the obtained results, which may include 


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1 but shall not be limited to random-assign2 ment experiments; 

3 ‘‘(v) presentation of studies and meth4 ods in sufficient detail and clarity to allow 

5 for replication or, at a minimum, to offer 

6 the opportunity to build systematically on 

7 the findings of the research; 

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

9 journal or critique by a panel of inde10 pendent experts through a comparably rig11 orous, objective, and scientific review; and 

12 ‘‘(vii) use of research designs and 

13 methods appropriate to the research ques14 tion posed. 

15 ‘‘(19) PROFESSIONAL DEVELOPMENT.—The term 

16 ‘professional development’ has the meaning given the 

17 term in section 9101 of the Elementary and Sec18 ondary Education Act of 1965. 

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

20 term ‘scientifically valid research’ includes applied 

21 research, basic research, and field-initiated research 

22 in which the rationale, design, and interpretation are 

23 soundly developed in accordance with accepted prin24 ciples of scientific research. 


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1 ‘‘(21) TEACHER MENTORING.—The term ‘teacher 

2 mentoring’ means the mentoring of new or prospective 

3 teachers through a new or established program that— 

4 ‘‘(A) includes clear criteria for the selection 

5 of teacher mentors who will provide role model 

6 relationships for mentees, which criteria shall be 

7 developed by the eligible partnership and based 

8 on measures of teacher effectiveness; 

9 ‘‘(B) provides high-quality training for such 

10 mentors, including instructional strategies for 

11 literacy instruction; 

12 ‘‘(C) provides regular and ongoing opportu13 nities for mentors and mentees to observe each 

14 other’s teaching methods in classroom settings 

15 during the day in a high-need school in the high16 need local educational agency in the eligible 

17 partnership; 

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

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

20 or subject as the mentee; 

21 ‘‘(E) promotes empirically based practice of, 

22 and scientifically valid research on, where appli23 cable— 

24 ‘‘(i) teaching and learning; 

25 ‘‘(ii) assessment of student learning; 


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1 ‘‘(iii) the development of teaching skills 

2 through the use of instructional and behav3 ioral interventions; and 

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

5 capacity to measurably advance student 

6 learning; and 

7 ‘‘(F) includes— 

8 ‘‘(i) common planning time or regu9 larly scheduled collaboration for the mentor 

10 and mentee; and 

11 ‘‘(ii) joint professional development op12 portunities. 

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

14 skills’ means skills that enable a teacher to— 

15 ‘‘(A) increase student learning, achievement, 

16 and the ability to apply knowledge; 

17 ‘‘(B) effectively convey and explain aca18 demic subject matter; 

19 ‘‘(C) employ strategies grounded in the dis20 ciplines of teaching and learning that— 

21 ‘‘(i) are based on empirically based 

22 practice and scientifically valid research, 

23 where applicable, on teaching and learning; 

24 ‘‘(ii) are specific to academic subject 

25 matter; and 


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1 ‘‘(iii) focus on the identification of stu2 dents’ specific learning needs, particularly 

3 students with disabilities, students who are 

4 limited English proficient, students who are 

5 gifted and talented, and students with low 

6 literacy levels, and the tailoring of academic 

7 instruction to such needs; 

8 ‘‘(D) conduct an ongoing assessment of stu9 dent learning; 

10 ‘‘(E) effectively manage a classroom; 

11 ‘‘(F) communicate and work with parents 

12 and guardians, and involve parents and guard13 ians in their children’s education; and 

14 ‘‘(G) use age-appropriate strategies and 

15 practices for children, including in early child16 hood education programs. 

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

18 term ‘teaching residency program’ means a school19 based teacher preparation program in which a pro20 spective teacher— 

21 ‘‘(A) for 1 academic year, teaches alongside 

22 a mentor teacher, who is the teacher of record; 

23 ‘‘(B) receives concurrent instruction during 

24 the year described in subparagraph (A) from the 

25 partner institution, which courses may be taught 


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1 by local educational agency personnel or resi2 dency program faculty, in the teaching of the 

3 content area in which the teacher will become 

4 certified or licensed; 

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

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

7 earns a master’s degree, attains full State teacher 

8 certification or licensure, and becomes highly 

9 qualified. 

10 ‘‘SEC. 202. PARTNERSHIP GRANTS. 

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

12 available under section 208, the Secretary is authorized to 

13 award grants, on a competitive basis, to eligible partner14 ships, to enable the eligible partnerships to carry out the 

15 activities described in subsection (c). 

16 ‘‘(b) APPLICATION.—Each eligible partnership desir17 ing a grant under this section shall submit an application 

18 to the Secretary at such time, in such manner, and accom19 panied by such information as the Secretary may require. 

20 Each such application shall contain— 

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

22 eligible partnership with respect to the preparation, 

23 ongoing training, professional development, and re24 tention, of general and special education teachers, 


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1 principals, and, as applicable, early childhood edu2 cators; 

3 ‘‘(2) a description of the extent to which the pro4 gram prepares prospective and new teachers with 

5 strong teaching skills; 

6 ‘‘(3) a description of the extent to which the pro7 gram will prepare prospective and new teachers to 

8 understand research and data and the applicability of 

9 research and data in the classroom; 

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

11 coordinate strategies and activities assisted under the 

12 grant with other teacher preparation or professional 

13 development programs, including those funded under 

14 the Elementary and Secondary Education Act of 

15 1965 and the Individuals with Disabilities Education 

16 Act, and through the National Science Foundation, 

17 and how the activities of the partnership will be con18 sistent with State, local, and other education reform 

19 activities that promote student achievement; 

20 ‘‘(5) a resource assessment that describes the re21 sources available to the partnership, including— 

22 ‘‘(A) the integration of funds from other re23 lated sources; 

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


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

2 partnership to the activities assisted under this 

3 section, including financial support, faculty par4 ticipation, and time commitments, and to the 

5 continuation of the activities when the grant 

6 ends; 

7 ‘‘(6) a description of— 

8 ‘‘(A) how the partnership will meet the pur9 poses of this part; 

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

11 activities required under subsection (d) or (e) 

12 based on the needs identified in paragraph (1), 

13 with the goal of improving student achievement; 

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

15 under section 204(a); 

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

17 teacher preparation program with the— 

18 ‘‘(i) early learning standards for early 

19 childhood education programs, as applica20 ble, of the State in which the partnership is 

21 located; and 

22 ‘‘(ii) the student academic achievement 

23 standards and academic content standards 

24 under section 1111(b)(2) of the Elementary 

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1 tablished by the State in which the partner2 ship is located; 

3 ‘‘(E) how faculty at the partner institution 

4 will work with, during the term of the grant, 

5 highly qualified teachers in the classrooms of 

6 schools served by the high-need local educational 

7 agency in the partnership to provide high-qual8 ity professional development activities; 

9 ‘‘(F) how the partnership will design, im10 plement, or enhance a year-long, rigorous, and 

11 enriching teaching preservice clinical program 

12 component; 

13 ‘‘(G) the in-service professional development 

14 strategies and activities to be supported; and 

15 ‘‘(H) how the partnership will collect, ana16 lyze, and use data on the retention of all teachers 

17 and early childhood educators in schools and 

18 early childhood programs located in the geo19 graphic area served by the partnership to evalu20 ate the effectiveness of the partnership’s teacher 

21 and educator support system; and 

22 ‘‘(7) with respect to the induction program re23 quired as part of the activities carried out under this 

24 section— 


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1 ‘‘(A) a demonstration that the schools and 

2 departments within the institution of higher edu3 cation that are part of the induction program 

4 have relevant and essential roles in the effective 

5 preparation of teachers, including content exper6 tise and expertise in teaching; 

7 ‘‘(B) a demonstration of the partnership’s 

8 capability and commitment to the use of empiri9 cally based practice and scientifically valid re10 search on teaching and learning, and the accessi11 bility to and involvement of faculty; 

12 ‘‘(C) a description of how the teacher prepa13 ration program will design and implement an 

14 induction program to support all new teachers 

15 through not less than the first 2 years of teaching 

16 in the further development of the new teachers’ 

17 teaching skills, including the use of mentors who 

18 are trained and compensated by such program 

19 for the mentors’ work with new teachers; and 

20 ‘‘(D) a description of how faculty involved 

21 in the induction program will be able to substan22 tially participate in an early childhood edu23 cation program or an elementary or secondary 

24 school classroom setting, as applicable, including 


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1 release time and receiving workload credit for 

2 such participation. 

3 ‘‘(c) REQUIRED USE OF GRANT FUNDS.—An eligible 

4 partnership that receives a grant under this part shall use 

5 grant funds to carry out a program for the pre-bacca6 laureate preparation of teachers under subsection (d), a 

7 teaching residency program under subsection (e), or both 

8 such programs. 

9 ‘‘(d) PARTNERSHIP GRANTS FOR PRE-BACCA10 LAUREATE PREPARATION OF TEACHERS.—An eligible part11 nership that receives a grant to carry out an effective pro12 gram for the pre-baccalaureate preparation of teachers shall 

13 carry out a program that includes all of the following: 

14 ‘‘(1) REFORMS.— 

15 ‘‘(A) IN GENERAL.—Implementing reforms, 

16 described in subparagraph (B), within each 

17 teacher preparation program and, as applicable, 

18 each preparation program for early childhood 

19 education programs, of the eligible partnership 

20 that is assisted under this section, to hold each 

21 program accountable for— 

22 ‘‘(i) preparing— 

23 ‘‘(I) current or prospective teach24 ers to be highly qualified (including 

25 teachers in rural school districts who 


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1 may teach multiple subjects, special 

2 educators, and teachers of students who 

3 are limited English proficient who 

4 may teach multiple subjects); 

5 ‘‘(II) such teachers and, as appli6 cable, early childhood educators, to un7 derstand empirically based practice 

8 and scientifically valid research on 

9 teaching and learning and its applica10 bility, and to use technology effectively, 

11 including the use of instructional tech12 niques to improve student achievement; 

13 and 

14 ‘‘(III) as applicable, early child15 hood educators to be highly competent; 

16 and 

17 ‘‘(ii) promoting strong teaching skills 

18 and, as applicable, techniques for early 

19 childhood educators to improve children’s 

20 cognitive, social, emotional, and physical 

21 development. 

22 ‘‘(B) REQUIRED REFORMS.—The reforms 

23 described in subparagraph (A) shall include— 

24 ‘‘(i) implementing teacher preparation 

25 program curriculum changes that improve, 


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1 evaluate, and assess how well all prospective 

2 and new teachers develop teaching 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 teachers 

7 and, as applicable, early childhood edu8 cators— 

9 ‘‘(I) can understand and imple10 ment research-based teaching practices 

11 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 learning 

17 and use such data and measures to im18 prove instruction in the classroom; 

19 ‘‘(IV) possess teaching skills and 

20 an understanding of effective instruc21 tional strategies across all applicable 

22 content areas that enable the teachers 

23 and early childhood educators to— 

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1 ing students with disabilities, stu2 dents who are limited English 

3 proficient, students who are gifted 

4 and talented, students with low 

5 literacy levels and, as applicable, 

6 children in early childhood edu7 cation programs; and 

8 ‘‘(bb) differentiate instruc9 tion for such students; and 

10 ‘‘(V) can successfully employ effec11 tive strategies for reading instruction 

12 using the essential components of read13 ing instruction; 

14 ‘‘(iii) ensuring collaboration with de15 partments, programs, or units of a partner 

16 institution outside of the teacher prepara17 tion program in all academic content areas 

18 to ensure that new teachers receive training 

19 in both teaching and relevant content areas 

20 in order to become highly qualified; 

21 ‘‘(iv) developing and implementing an 

22 induction program; and 

23 ‘‘(v) developing admissions goals and 

24 priorities with the hiring objectives of the 


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1 high-need local educational agency in the el2 igible partnership. 

3 ‘‘(2) CLINICAL EXPERIENCE AND INTERACTION.— 

4 Developing and improving a sustained and high-qual5 ity pre-service clinical education program to further 

6 develop the teaching skills of all prospective teachers 

7 and, as applicable, early childhood educators, in8 volved in the program. Such program shall do the fol9 lowing: 

10 ‘‘(A) Incorporate year-long opportunities for 

11 enrichment activity or a combination of activi12 ties, including— 

13 ‘‘(i) clinical learning in classrooms in 

14 high-need schools served by the high-need 

15 local educational agency in the eligible 

16 partnership and identified by the eligible 

17 partnership; and 

18 ‘‘(ii) closely supervised interaction be19 tween faculty and new and experienced 

20 teachers, principals, and other administra21 tors at early childhood education programs 

22 (as applicable), elementary schools, or sec23 ondary schools, and providing support for 

24 such interaction. 


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1 ‘‘(B) Integrate pedagogy and classroom 

2 practice and promote effective teaching skills in 

3 academic content areas. 

4 ‘‘(C) Provide high-quality teacher men5 toring. 

6 ‘‘(D)(i) Be offered over the course of a pro7 gram of teacher preparation; 

8 ‘‘(ii) be tightly aligned with course work 

9 (and may be developed as a 5th year of a teacher 

10 preparation program); and 

11 ‘‘(iii) where feasible, allow prospective 

12 teachers to learn to teach in the same school dis13 trict in which the teachers will work, learning 

14 the instructional initiatives and curriculum of 

15 that district. 

16 ‘‘(E) Provide support and training for those 

17 individuals participating in an activity for pro18 spective teachers described in this paragraph or 

19 paragraph (1) or (2), and for those who serve as 

20 mentors for such teachers, based on each individ21 ual’s experience. Such support may include— 

22 ‘‘(i) with respect to a prospective teach23 er or a mentor, release time for such indi24 vidual’s participation; 


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1 ‘‘(ii) with respect to a faculty member, 

2 receiving course workload credit and com3 pensation for time teaching in the eligible 

4 partnership’s activities; and 

5 ‘‘(iii) with respect to a mentor, a sti6 pend, which may include bonus, differen7 tial, incentive, or merit or performance8 based pay. 

9 ‘‘(3) INDUCTION PROGRAMS FOR NEW TEACH10 ERS.—Creating an induction program for new teach11 ers, or, in the case of an early childhood education 

12 program, providing mentoring or coaching for new 

13 early childhood educators. 

14 ‘‘(4) SUPPORT AND TRAINING FOR PARTICIPANTS

15 IN EARLY CHILDHOOD EDUCATION PROGRAMS.—In 

16 the case of an eligible partnership focusing on early 

17 childhood educator preparation, implementing initia18 tives that increase compensation for early childhood 

19 educators who attain associate or baccalaureate de20 grees in early childhood education. 

21 ‘‘(5) TEACHER RECRUITMENT.—Developing and 

22 implementing effective mechanisms to ensure that the 

23 eligible partnership is able to recruit qualified indi24 viduals to become highly qualified teachers through 

25 the activities of the eligible partnership. 


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1 ‘‘(e) PARTNERSHIP GRANTS FOR THE ESTABLISHMENT

2 OF TEACHING RESIDENCY PROGRAMS.— 

3 ‘‘(1) IN GENERAL.—An eligible partnership re4 ceiving a grant to carry out an effective teaching resi5 dency program shall carry out a program that in6 cludes all of the following activities: 

7 ‘‘(A) Supporting a teaching residency pro8 gram described in paragraph (2) for high-need 

9 subjects and areas, as determined by the needs of 

10 the high-need local educational agency in the 

11 partnership. 

12 ‘‘(B) Modifying staffing procedures to pro13 vide greater flexibility for local educational agen14 cy and school leaders to establish effective school15 level staffing in order to facilitate placement of 

16 graduates of the teaching residency program in 

17 cohorts that facilitate professional collaboration, 

18 both among graduates of the teaching residency 

19 program and between such graduates and mentor 

20 teachers in the receiving school. 

21 ‘‘(C) Ensuring that teaching residents that 

22 participated in the teaching residency program 

23 receive— 

24 ‘‘(i) effective preservice preparation as 

25 described in paragraph (2); 


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1 ‘‘(ii) teacher mentoring; 

2 ‘‘(iii) induction through the induction 

3 program as the teaching residents enter the 

4 classroom as new teachers; and 

5 ‘‘(iv) the preparation described in sub6 paragraphs (A), (B), and (C) of subsection 

7 (d)(2). 

8 ‘‘(2) TEACHING RESIDENCY PROGRAMS.— 

9 ‘‘(A) ESTABLISHMENT AND DESIGN.—A 

10 teaching residency program under this para11 graph shall be a program based upon models of 

12 successful teaching residencies that serves as a 

13 mechanism to prepare teachers for success in the 

14 high-need schools in the eligible partnership, and 

15 shall be designed to include the following charac16 teristics of successful programs: 

17 ‘‘(i) The integration of pedagogy, class18 room practice, and teacher mentoring. 

19 ‘‘(ii) Engagement of teaching residents 

20 in rigorous graduate-level coursework to 

21 earn a master’s degree while undertaking a 

22 guided teaching apprenticeship. 

23 ‘‘(iii) Experience and learning oppor24 tunities alongside a trained and experienced 

25 mentor teacher— 


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1 ‘‘(I) whose teaching shall com2 plement the residency program so that 

3 classroom clinical practice is tightly 

4 aligned with coursework; 

5 ‘‘(II) who shall have extra respon6 sibilities as a teacher leader of the 

7 teaching residency program, as a men8 tor for residents, and as a teacher 

9 coach during the induction program 

10 for novice teachers, and for estab11 lishing, within the program, a learning 

12 community in which all individuals 

13 are expected to continually improve 

14 their capacity to advance student 

15 learning; and 

16 ‘‘(III) who may have full relief 

17 from teaching duties as a result of such 

18 additional responsibilities. 

19 ‘‘(iv) The establishment of clear cri20 teria for the selection of mentor teachers 

21 based on measures of teacher effectiveness 

22 and the appropriate subject area knowledge. 

23 Evaluation of teacher effectiveness shall be 

24 based on observations of such domains of 

25 teaching as the following: 


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1 ‘‘(I) Planning and preparation, 

2 including demonstrated knowledge of 

3 content, pedagogy, and assessment, in4 cluding the use of formative assess5 ments to improve student learning. 

6 ‘‘(II) Appropriate instruction that 

7 engages students with different learn8 ing styles. 

9 ‘‘(III) Collaboration with col10 leagues to improve instruction. 

11 ‘‘(IV) Analysis of gains in student 

12 learning, based on multiple measures, 

13 that, when feasible, may include valid 

14 and reliable objective measures of the 

15 influence of teachers on the rate of stu16 dent academic progress. 

17 ‘‘(V) In the case of mentor can18 didates who will be mentoring current 

19 or future literacy and mathematics 

20 coaches or instructors, appropriate 

21 skills in the essential components of 

22 reading instruction, teacher training 

23 in literacy instructional strategies 

24 across core subject areas, and teacher 


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1 training in mathematics instructional 

2 strategies, as appropriate. 

3 ‘‘(v) Grouping of teaching residents in 

4 cohorts to facilitate professional collabora5 tion among such residents. 

6 ‘‘(vi) The development of admissions 

7 goals and priorities aligned with the hiring 

8 objectives of the local educational agency 

9 partnering with the program, as well as the 

10 instructional initiatives and curriculum of 

11 the agency, in exchange for a commitment 

12 by the agency to hire graduates from the 

13 teaching residency program. 

14 ‘‘(vii) Support for residents, once the 

15 teaching residents are hired as teachers of 

16 record, through an induction program, pro17 fessional development, and networking op18 portunities to support the residents through 

19 not less than the residents’ first 2 years of 

20 teaching. 

21 ‘‘(B) SELECTION OF INDIVIDUALS AS

22 TEACHER RESIDENTS.— 

23 ‘‘(i) ELIGIBLE INDIVIDUAL.—In order 

24 to be eligible to be a teacher resident in a 


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1 teaching residency program under this 

2 paragraph, an individual shall— 

3 ‘‘(I) be a recent graduate of a 4- 

4 year institution of higher education or 

5 a mid-career professional from outside 

6 the field of education possessing strong 

7 content knowledge or a record of pro8 fessional accomplishment; and 

9 ‘‘(II) submit an application to the 

10 teaching residency program. 

11 ‘‘(ii) SELECTION CRITERIA.—An eligi12 ble partnership carrying out a teaching 

13 residency program under this subparagraph 

14 shall establish criteria for the selection of el15 igible individuals to participate in the 

16 teaching residency program based on the 

17 following characteristics: 

18 ‘‘(I) Strong content knowledge or 

19 record of accomplishment in the field 

20 or subject area to be taught. 

21 ‘‘(II) Strong verbal and written 

22 communication skills, which may be 

23 demonstrated by performance on ap24 propriate tests. 


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1 ‘‘(III) Other attributes linked to 

2 effective teaching, which may be deter3 mined by interviews or performance 

4 assessments, as specified by the eligible 

5 partnership. 

6 ‘‘(C) STIPEND AND SERVICE REQUIRE7 MENT.— 

8 ‘‘(i) STIPEND.—A teaching residency 

9 program under this paragraph shall provide 

10 a 1-year living stipend or salary to teach11 ing residents during the 1-year teaching 

12 residency program. 

13 ‘‘(ii) SERVICE REQUIREMENT.—As a 

14 condition of receiving a stipend under this 

15 subparagraph, a teaching resident shall 

16 agree to teach in a high-need school served 

17 by the high-need local educational agency in 

18 the eligible partnership for a period of 3 or 

19 more years after completing the 1-year 

20 teaching residency program. 

21 ‘‘(iii) REPAYMENT.—If a teaching resi22 dent who received a stipend under this sub23 paragraph does not complete the service re24 quirement described in clause (ii), such in25 dividual shall repay to the high-need local 


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1 educational agency a pro rata portion of 

2 the stipend amount for the amount of teach3 ing time that the individual did not com4 plete. 

5 ‘‘(f) CONSULTATION.— 

6 ‘‘(1) IN GENERAL.—Members of an eligible part7 nership that receives a grant under this section shall 

8 engage in regular consultation throughout the develop9 ment and implementation of programs and activities 

10 under this section. 

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

12 timely and meaningful consultation, regular commu13 nication shall occur among all members of the eligible 

14 partnership, including the high-need local educational 

15 agency. Such communication shall continue through16 out the implementation of the grant and the assess17 ment of programs and activities under this section. 

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

19 approve changes in grant activities of a grant under 

20 this section only if a written consent signed by all 

21 members of the eligible partnership is submitted to the 

22 Secretary. 

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

24 construed to prohibit an eligible partnership from using 

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1 nerships in other States or on a regional basis through Gov2 ernors, State boards of education, State educational agen3 cies, State agencies responsible for early childhood edu4 cation, local educational agencies, or State agencies for 

5 higher education. 

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

7 available under this section shall be used to supplement, 

8 and not supplant, other Federal, State, and local funds that 

9 would otherwise be expended to carry out activities under 

10 this section. 

11 ‘‘SEC. 203. ADMINISTRATIVE PROVISIONS. 

12 ‘‘(a) DURATION; NUMBER OF AWARDS; PAYMENTS.— 

13 ‘‘(1) DURATION.—A grant awarded under this 

14 part shall be awarded for a period of 5 years. 

15 ‘‘(2) NUMBER OF AWARDS.—An eligible partner16 ship may not receive more than 1 grant during a 5- 

17 year period. Nothing in this title shall be construed 

18 to prohibit an individual member, that can dem19 onstrate need, of an eligible partnership that receives 

20 a grant under this title from entering into another el21 igible partnership consisting of new members and re22 ceiving a grant with such other eligible partnership 

23 before the 5-year period described in the preceding 

24 sentence applicable to the eligible partnership with 


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1 which the individual member has first partnered has 

2 expired. 

3 ‘‘(3) PAYMENTS.—The Secretary shall make an4 nual payments of grant funds awarded under this 

5 part. 

6 ‘‘(b) PEER REVIEW.— 

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

8 applications submitted under this part to a peer re9 view panel for evaluation. With respect to each appli10 cation, the peer review panel shall initially rec11 ommend the application for funding or for dis12 approval. 

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

14 to the Secretary for funding under this part, the 

15 panel shall give priority— 

16 ‘‘(A) to applications from broad-based eligi17 ble partnerships that involve businesses and com18 munity organizations; and 

19 ‘‘(B) to eligible partnerships so that the 

20 awards promote an equitable geographic dis21 tribution of grants among rural and urban 

22 areas. 

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

24 shall determine, based on the peer review process, 

25 which applications shall receive funding and the 


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1 amounts of the grants. In determining the grant 

2 amount, the Secretary shall take into account the 

3 total amount of funds available for all grants under 

4 this part and the types of activities proposed to be 

5 carried out by the eligible partnership. 

6 ‘‘(c) MATCHING REQUIREMENTS.— 

7 ‘‘(1) IN GENERAL.—Each eligible partnership re8 ceiving a grant under this part shall provide, from 

9 non-Federal sources, an amount equal to 100 percent 

10 of the amount of the grant, which may be provided 

11 in cash or in-kind, to carry out the activities sup12 ported by the grant. 

13 ‘‘(2) WAIVER.—The Secretary may waive all or 

14 part of the matching requirement described in para15 graph (1) for any fiscal year for an eligible partner16 ship, if the Secretary determines that applying the 

17 matching requirement to the eligible partnership 

18 would result in serious hardship or an inability to 

19 carry out the authorized activities described in this 

20 part. 

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

22 An eligible partnership that receives a grant under this part 

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

24 purposes of administering the grant. 


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1 ‘‘SEC. 204. ACCOUNTABILITY AND EVALUATION. 

2 ‘‘(a) ELIGIBLE PARTNERSHIP EVALUATION.—Each el3 igible partnership submitting an application for a grant 

4 under this part shall establish and include in such applica5 tion, an evaluation plan that includes strong performance 

6 objectives. The plan shall include objectives and measures 

7 for increasing— 

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

9 measured by the eligible partnership; 

10 ‘‘(2) teacher retention in the first 3 years of a 

11 teacher’s career; 

12 ‘‘(3) improvement in the pass rates and scaled 

13 scores for initial State certification or licensure of 

14 teachers; and 

15 ‘‘(4)(A) the percentage of highly qualified teach16 ers hired by the high-need local educational agency 

17 participating in the eligible partnership; 

18 ‘‘(B) the percentage of such teachers who are 

19 members of under represented groups; 

20 ‘‘(C) the percentage of such teachers who teach 

21 high-need academic subject areas (such as reading, 

22 mathematics, science, and foreign language, including 

23 less commonly taught languages and critical foreign 

24 languages); 

25 ‘‘(D) the percentage of such teachers who teach in 

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1 guage instruction educational programs for limited 

2 English proficient students, and early childhood edu3 cation); 

4 ‘‘(E) the percentage of such teachers in high-need 

5 schools, disaggregated by the elementary, middle, and 

6 high school levels; and 

7 ‘‘(F) as applicable, the percentage of early child8 hood education program classes in the geographic 

9 area served by the eligible partnership taught by early 

10 childhood educators who are highly competent. 

11 ‘‘(b) INFORMATION.—An eligible partnership receiving 

12 a grant under this part shall ensure that teachers, prin13 cipals, school superintendents, and faculty and leadership 

14 at institutions of higher education located in the geographic 

15 areas served by the eligible partnership under this part are 

16 provided information about the activities carried out with 

17 funds under this part, including through electronic means. 

18 ‘‘(c) REVOCATION OF GRANT.—If the Secretary deter19 mines that an eligible partnership receiving a grant under 

20 this part is not making substantial progress in meeting the 

21 purposes, goals, objectives, and measures, as appropriate, 

22 of the grant by the end of the third year of a grant under 

23 this part, then the Secretary shall require such eligible part24 nership to submit a revised application that identifies the 

25 steps the partnership will take to make substantial progress 


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1 to meet the purposes, goals, objectives, and measures, as ap2 propriate, of this part. 

3 ‘‘(d) EVALUATION AND DISSEMINATION.—The Sec4 retary shall evaluate the activities funded under this part 

5 and report the Secretary’s findings regarding the activities 

6 to the authorizing committees. The Secretary shall broadly 

7 disseminate— 

8 ‘‘(1) successful practices developed by eligible 

9 partnerships under this part; and 

10 ‘‘(2) information regarding such practices that 

11 were found to be ineffective. 

12 ‘‘SEC. 205. ACCOUNTABILITY FOR PROGRAMS THAT PRE13 PARE TEACHERS. 

14 ‘‘(a) INSTITUTIONAL AND PROGRAM REPORT CARDS

15 ON THE QUALITY OF TEACHER PREPARATION.— 

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

17 education that conducts a traditional teacher prepa18 ration program or alternative routes to State certifi19 cation or licensure program and that enrolls students 

20 receiving Federal assistance under this Act shall re21 port annually to the State and the general public, in 

22 a uniform and comprehensible manner that conforms 

23 with the definitions and methods established by the 

24 Secretary, both for traditional teacher preparation 


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1 programs and alternative routes to State certification 

2 or licensure programs, the following information: 

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

4 For the most recent year for which the informa5 tion is available for those students who took the 

6 assessments and are enrolled in the traditional 

7 teacher preparation program or alternative 

8 routes to State certification or licensure pro9 gram, and for those who have taken the assess10 ments and have completed the traditional teacher 

11 preparation program or alternative routes to 

12 State certification or licensure program during 

13 the 2-year period preceding such year, for each 

14 of the assessments used for teacher certification 

15 or licensure by the State in which the program 

16 is located— 

17 ‘‘(i) the percentage of students who 

18 have completed 100 percent of the nonclin19 ical coursework and taken the assessment 

20 who pass such assessment; 

21 ‘‘(ii) the percentage of all such students 

22 who passed each such assessment; 

23 ‘‘(iii) the percentage of students taking 

24 an assessment who completed the teacher 

25 preparation program after enrolling in the 


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1 program, which shall be made available 

2 widely and publicly by the State; 

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

4 students who took each such assessment; 

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

6 pass rates with the average pass rates for 

7 programs in the State; and 

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

9 average scaled scores with the average scaled 

10 scores for programs in the State. 

11 ‘‘(B) PROGRAM INFORMATION.—The criteria 

12 for admission into the program, the number of 

13 students in the program (disaggregated by race 

14 and gender), the average number of hours of su15 pervised clinical experience required for those in 

16 the program, the number of full-time equivalent 

17 faculty and students in the supervised clinical 

18 experience, and the total number of students who 

19 have been certified or licensed as teachers, 

20 disaggregated by subject and area of certification 

21 or licensure. 

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

23 approval or accreditation of teacher preparation 

24 programs, a statement of whether the instituVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00639 Fmt 6652 Sfmt 6203 E:\BILLS\S1642.RS S1642

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1 tion’s program is so approved or accredited, and 

2 by whom. 

3 ‘‘(D) DESIGNATION AS LOW-PERFORMING.— 

4 Whether the program has been designated as low5 performing by the State under section 207(a). 

6 ‘‘(E) USE OF TECHNOLOGY.—A description 

7 of the activities that prepare teachers to effec8 tively integrate technology into curricula and in9 struction and effectively use technology to collect, 

10 manage, and analyze data in order to improve 

11 teaching, learning, and decisionmaking for the 

12 purpose of increasing student academic achieve13 ment. 

14 ‘‘(2) REPORT.—Each eligible partnership receiv15 ing a grant under section 202 shall report annually 

16 on the progress of the eligible partnership toward 

17 meeting the purposes of this part and the objectives 

18 and measures described in section 204(a). 

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

20 not to exceed $25,000 on an institution of higher edu21 cation for failure to provide the information described 

22 in this subsection in a timely or accurate manner. 

23 ‘‘(4) SPECIAL RULE.—In the case of an institu24 tion of higher education that conducts a traditional 

25 teacher preparation program or alternative routes to 


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1 State certification or licensure program and has fewer 

2 than 10 scores reported on any single initial teacher 

3 certification or licensure assessment during an aca4 demic year, the institution shall collect and publish 

5 information, as required under paragraph (1)(A), 

6 with respect to an average pass rate and scaled score 

7 on each State certification or licensure assessment 

8 taken over a 3-year period. 

9 ‘‘(b) STATE REPORT CARD ON THE QUALITY OF

10 TEACHER PREPARATION.— 

11 ‘‘(1) IN GENERAL.—Each State that receives 

12 funds under this Act shall provide to the Secretary, 

13 annually, in a uniform and comprehensible manner 

14 that conforms with the definitions and methods estab15 lished by the Secretary, a State report card on the 

16 quality of teacher preparation in the State, both for 

17 traditional teacher preparation programs and for al18 ternative routes to State certification or licensure pro19 grams, which shall include not less than the following: 

20 ‘‘(A) A description of reliability and valid21 ity of the teacher certification and licensure as22 sessments, and any other certification and licen23 sure requirements, used by the State. 

24 ‘‘(B) The standards and criteria that pro25 spective teachers must meet in order to attain 


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1 initial teacher certification or licensure and to be 

2 certified or licensed to teach particular academic 

3 subject areas or in particular grades within the 

4 State. 

5 ‘‘(C) A description of how the assessments 

6 and requirements described in subparagraph (A) 

7 are aligned with the State’s challenging aca8 demic content standards required under section 

9 1111(b)(1) of the Elementary and Secondary 

10 Education Act of 1965 and State early learning 

11 standards for early childhood education pro12 grams. 

13 ‘‘(D) For each of the assessments used by 

14 the State for teacher certification or licensure— 

15 ‘‘(i) for each institution of higher edu16 cation located in the State and each entity 

17 located in the State that offers an alter18 native route for teacher certification or li19 censure, the percentage of students at such 

20 institution or entity who have completed 

21 100 percent of the nonclinical coursework 

22 and taken the assessment who pass such as23 sessment; 


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1 ‘‘(ii) the percentage of all such students 

2 at all such institutions taking the assess3 ment who pass such assessment; and 

4 ‘‘(iii) the percentage of students taking 

5 an assessment who completed the teacher 

6 preparation program after enrolling in the 

7 program, which shall be made available 

8 widely and publicly by the State. 

9 ‘‘(E) A description of alternative routes to 

10 State certification or licensure in the State (in11 cluding any such routes operated by entities that 

12 are not institutions of higher education), if any, 

13 including, for each of the assessments used by the 

14 State for teacher certification or licensure— 

15 ‘‘(i) the percentage of individuals par16 ticipating in such routes, or who have com17 pleted such routes during the 2-year period 

18 preceding the date of the determination, 

19 who passed each such assessment; and 

20 ‘‘(ii) the average scaled score of indi21 viduals participating in such routes, or who 

22 have completed such routes during the pe23 riod preceding the date of the determina24 tion, who took each such assessment. 


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1 ‘‘(F) A description of the State’s criteria for 

2 assessing the performance of teacher preparation 

3 programs within institutions of higher education 

4 in the State. Such criteria shall include indica5 tors of the academic content knowledge and 

6 teaching skills of students enrolled in such pro7 grams. 

8 ‘‘(G) For each teacher preparation program 

9 in the State, the criteria for admission into the 

10 program, the number of students in the program, 

11 disaggregated by race and gender (except that 

12 such disaggregation shall not be required in a 

13 case in which the number of students in a cat14 egory is insufficient to yield statistically reliable 

15 information or the results would reveal person16 ally identifiable information about an indi17 vidual student), the average number of hours of 

18 supervised clinical experience required for those 

19 in the program, and the number of full-time 

20 equivalent faculty, adjunct faculty, and students 

21 in supervised clinical experience. 

22 ‘‘(H) For the State as a whole, and for each 

23 teacher preparation program in the State, the 

24 number of teachers prepared, in the aggregate 

25 and reported separately by— 


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1 ‘‘(i) area of certification or licensure; 

2 ‘‘(ii) academic major; and 

3 ‘‘(iii) subject area for which the teacher 

4 has been prepared to teach. 

5 ‘‘(I) Using the data generated under sub6 paragraphs (G) and (H), a description of the ex7 tent to which teacher preparation programs are 

8 helping to address shortages of highly qualified 

9 teachers, by area of certification or licensure, 

10 subject, and specialty, in the State’s public 

11 schools. 

12 ‘‘(J) A description of the activities that pre13 pare teachers to effectively integrate technology 

14 into curricula and instruction and effectively use 

15 technology to collect, manage, and analyze data 

16 in order to improve teaching, learning, and deci17 sionmaking for the purpose of increasing student 

18 academic achievement. 

19 ‘‘(2) PROHIBITION AGAINST CREATING A NA20 TIONAL LIST.—The Secretary shall not create a na21 tional list or ranking of States, institutions, or 

22 schools using the scaled scores provided under this 

23 subsection. 

24 ‘‘(c) REPORT OF THE SECRETARY ON THE QUALITY

25 OF TEACHER PREPARATION.— 


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1 ‘‘(1) REPORT CARD.—The Secretary shall pro2 vide to Congress, and publish and make widely avail3 able, a report card on teacher qualifications and 

4 preparation in the United States, including all the 

5 information reported in subparagraphs (A) through 

6 (J) of subsection (b)(1). Such report shall identify 

7 States for which eligible partnerships received a grant 

8 under this part. Such report shall be so provided, 

9 published, and made available annually. 

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

11 shall prepare and submit a report to Congress that 

12 contains the following: 

13 ‘‘(A) A comparison of States’ efforts to im14 prove the quality of the current and future teach15 ing force. 

16 ‘‘(B) A comparison of eligible partnerships’ 

17 efforts to improve the quality of the current and 

18 future teaching force. 

19 ‘‘(C) The national mean and median scaled 

20 scores and pass rate on any standardized test 

21 that is used in more than 1 State for teacher cer22 tification or licensure. 

23 ‘‘(3) SPECIAL RULE.—In the case of a teacher 

24 preparation program with fewer than 10 scores re25 ported on any single initial teacher certification or liVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00646 Fmt 6652 Sfmt 6203 E:\BILLS\S1642.RS S1642

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1 censure assessment during an academic year, the Sec2 retary shall collect and publish information, and 

3 make publicly available, with respect to an average 

4 pass rate and scaled score on each State certification 

5 or licensure assessment taken over a 3-year period. 

6 ‘‘(d) COORDINATION.—The Secretary, to the extent 

7 practicable, shall coordinate the information collected and 

8 published under this part among States for individuals who 

9 took State teacher certification or licensure assessments in 

10 a State other than the State in which the individual re11 ceived the individual’s most recent degree. 

12 ‘‘SEC. 206. STATE FUNCTIONS. 

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

14 under this Act, a State shall have in place a procedure to 

15 identify and assist, through the provision of technical as16 sistance, low-performing programs of teacher preparation. 

17 Such State shall provide the Secretary an annual list of 

18 such low-performing teacher preparation programs that in19 cludes an identification of those programs at risk of being 

20 placed on such list. Such levels of performance shall be de21 termined solely by the State and may include criteria based 

22 on information collected pursuant to this part. Such assess23 ment shall be described in the report under section 205(b). 

24 ‘‘(b) TERMINATION OF ELIGIBILITY.—Any program of 

25 teacher preparation from which the State has withdrawn 


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1 the State’s approval, or terminated the State’s financial 

2 support, due to the low performance of the program based 

3 upon the State assessment described in subsection (a)— 

4 ‘‘(1) shall be ineligible for any funding for pro5 fessional development activities awarded by the De6 partment; 

7 ‘‘(2) shall not be permitted to accept or enroll 

8 any student that receives aid under title IV in the in9 stitution’s teacher preparation program; and 

10 ‘‘(3) shall provide transitional support, includ11 ing remedial services if necessary, for students en12 rolled at the institution at the time of termination of 

13 financial support or withdrawal of approval. 

14 ‘‘(c) NEGOTIATED RULEMAKING.—If the Secretary de15 velops any regulations implementing subsection (b)(2), the 

16 Secretary shall submit such proposed regulations to a nego17 tiated rulemaking process, which shall include representa18 tives of States, institutions of higher education, and edu19 cational and student organizations. 

20 ‘‘(d) APPLICATION OF THE REQUIREMENTS.—The re21 quirements of this section shall apply to both traditional 

22 teacher preparation programs and alternative routes to 

23 State certification and licensure programs. 


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1 ‘‘SEC. 207. GENERAL PROVISIONS. 

2 ‘‘(a) METHODS.—In complying with sections 205 and 

3 206, the Secretary shall ensure that States and institutions 

4 of higher education use fair and equitable methods in re5 porting and that the reporting methods do not allow identi6 fication of individuals. 

7 ‘‘(b) SPECIAL RULE.—For each State that does not use 

8 content assessments as a means of ensuring that all teachers 

9 teaching in core academic subjects within the State are 

10 highly qualified, as required under section 1119 of the Ele11 mentary and Secondary Education Act of 1965 and in ac12 cordance with the State plan submitted or revised under 

13 section 1111 of such Act, and that each person employed 

14 as a special education teacher in the State who teaches ele15 mentary school, middle school, or secondary school is highly 

16 qualified by the deadline, as required under section 

17 612(a)(14)(C) of the Individuals with Disabilities Edu18 cation Act,— 

19 ‘‘(1) the Secretary shall, to the extent practicable, 

20 collect data comparable to the data required under 

21 this part from States, local educational agencies, in22 stitutions of higher education, or other entities that 

23 administer such assessments to teachers or prospective 

24 teachers; and 

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

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


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1 requirements of this part related to assessments, pass 

2 rates, and scaled scores. 

3 ‘‘(c) RELEASE OF INFORMATION TO TEACHER PREPA4 RATION PROGRAMS.— 

5 ‘‘(1) IN GENERAL.—For the purpose of improv6 ing teacher preparation programs, a State edu7 cational agency that receives funds under this Act, or 

8 that participates as a member of a partnership, con9 sortium, or other entity that receives such funds, shall 

10 provide to a teacher preparation program, upon the 

11 request of the teacher preparation program, any and 

12 all pertinent education-related information that— 

13 ‘‘(A) may enable the teacher preparation 

14 program to evaluate the effectiveness of the pro15 gram’s graduates or the program itself; and 

16 ‘‘(B) is possessed, controlled, or accessible by 

17 the State educational agency. 

18 ‘‘(2) CONTENT OF INFORMATION.—The informa19 tion described in paragraph (1)— 

20 ‘‘(A) shall include an identification of spe21 cific individuals who graduated from the teacher 

22 preparation program to enable the teacher prep23 aration program to evaluate the information 

24 provided to the program from the State edu25 cational agency with the program’s own data 


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1 about the specific courses taken by, and field ex2 periences of, the individual graduates; and 

3 ‘‘(B) may include— 

4 ‘‘(i) kindergarten through grade 12 

5 academic achievement and demographic 

6 data, without revealing personally identifi7 able information about an individual stu8 dent, for students who have been taught by 

9 graduates of the teacher preparation pro10 gram; and 

11 ‘‘(ii) teacher effectiveness evaluations 

12 for teachers who graduated from the teacher 

13 preparation program. 

14 ‘‘SEC. 208. AUTHORIZATION OF APPROPRIATIONS. 

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

16 this part such sums as may be necessary for fiscal year 2008 

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

18 SEC. 202. GENERAL PROVISIONS. 

19 Title II (20 U.S.C. 1021 et seq.) is amended by adding 

20 at the end the following: 

21 ‘‘PART C—GENERAL PROVISIONS 

22 ‘‘SEC. 231. LIMITATIONS. 

23 ‘‘(a) FEDERAL CONTROL PROHIBITED.—Nothing in 

24 this title shall be construed to permit, allow, encourage, or 

25 authorize any Federal control over any aspect of any priVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00651 Fmt 6652 Sfmt 6203 E:\BILLS\S1642.RS S1642

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1 vate, religious, or home school, whether or not a home school 

2 is treated as a private school or home school under State 

3 law. This section shall not be construed to prohibit private, 

4 religious, or home schools from participation in programs 

5 or services under this title. 

6 ‘‘(b) NO CHANGE IN STATE CONTROL ENCOURAGED OR

7 REQUIRED.—Nothing in this title shall be construed to en8 courage or require any change in a State’s treatment of any 

9 private, religious, or home school, whether or not a home 

10 school is treated as a private school or home school under 

11 State law. 

12 ‘‘(c) NATIONAL SYSTEM OF TEACHER CERTIFICATION

13 OR LICENSURE PROHIBITED.—Nothing in this title shall 

14 be construed to permit, allow, encourage, or authorize the 

15 Secretary to establish or support any national system of 

16 teacher certification or licensure.’’. 

17 TITLE III—INSTITUTIONAL AID 

18 SEC. 301. PROGRAM PURPOSE. 

19 Section 311 (20 U.S.C. 1057) is amended— 

20 (1) in subsection (b)— 

21 (A) in paragraph (1), by striking ‘‘351’’ 

22 and inserting ‘‘391’’; and 

23 (B) in paragraph (3)(F), by inserting ‘‘, in24 cluding services that will assist in the education 

25 of special populations’’ before the period; and 


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1 (2) in subsection (c)— 

2 (A) in paragraph (6), by inserting ‘‘, in3 cluding innovative, customized, remedial edu4 cation and English language instruction courses 

5 designed to help retain students and move the 

6 students rapidly into core courses and through 

7 program completion’’ before the period; 

8 (B) by redesignating paragraphs (7) 

9 through (12) as paragraphs (8) through (13), re10 spectively; 

11 (C) by inserting after paragraph (6) the fol12 lowing: 

13 ‘‘(7) Education or counseling services designed to 

14 improve the financial literacy and economic literacy 

15 of students or the students’ parents.’’; 

16 (D) in paragraph (12) (as redesignated by 

17 subparagraph (B)), by striking ‘‘distance learn18 ing academic instruction capabilities’’ and in19 serting ‘‘distance education technologies’’; and 

20 (E) in the matter preceding subparagraph 

21 (A) of paragraph (13) (as redesignated by sub22 paragraph (B)), by striking ‘‘subsection (c)’’ and 

23 inserting ‘‘subsection (b) and section 391’’. 

24 SEC. 302. DEFINITIONS; ELIGIBILITY. 

25 Section 312 (20 U.S.C. 1058) is amended— 


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1 (1) in subsection (b)(1)(A), by striking ‘‘sub2 section (c) of this section’’ and inserting ‘‘subsection 

3 (d)’’; and 

4 (2) in subsection (d)(2), by striking ‘‘subdivi5 sion’’ and inserting ‘‘paragraph’’. 

6 SEC. 303. AMERICAN INDIAN TRIBALLY CONTROLLED COL7 LEGES AND UNIVERSITIES. 

8 Section 316 (20 U.S.C. 1059c) is amended— 

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

10 the following: 

11 ‘‘(3) TRIBAL COLLEGE OR UNIVERSITY.—The 

12 term ‘Tribal College or University’ means an institu13 tion that— 

14 ‘‘(A) qualifies for funding under the Trib15 ally Controlled College or University Assistance 

16 Act of 1978 (25 U.S.C. 1801 et seq.) or the Nav17 ajo Community College Assistance Act of 1978 

18 (25 U.S.C. 640a note); or 

19 ‘‘(B) is cited in section 532 of the Equity 

20 in Educational Land-Grant Status Act of 1994 

21 (7 U.S.C. 301 note).’’; 

22 (2) in subsection (c)(2)— 

23 (A) in subparagraph (B), by inserting be24 fore the semicolon at the end the following: ‘‘and 


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1 the acquisition of real property adjacent to the 

2 campus of the institution’’; 

3 (B) by redesignating subparagraphs (G), 

4 (H), (I), (J), (K), and (L) as subparagraphs 

5 (H), (I), (J), (K), (L), and (N), respectively; 

6 (C) by inserting after subparagraph (F) the 

7 following: 

8 ‘‘(G) education or counseling services de9 signed to improve the financial literacy and eco10 nomic literacy of students or the students’ par11 ents;’’; 

12 (D) in subparagraph (L) (as redesignated 

13 by subparagraph (B)), by striking ‘‘and’’ after 

14 the semicolon; 

15 (E) by inserting after subparagraph (L) (as 

16 redesignated by subparagraph (B)) the following: 

17 ‘‘(M) developing or improving facilities for 

18 Internet use or other distance education tech19 nologies; and’’; and 

20 (F) in subparagraph (N) (as redesignated 

21 by subparagraph (B)), by striking ‘‘subpara22 graphs (A) through (K)’’ and inserting ‘‘sub23 paragraphs (A) through (M)’’; and 

24 (3) by striking subsection (d) and inserting the 

25 following: 


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1 ‘‘(d) APPLICATION, PLAN, AND ALLOCATION.— 

2 ‘‘(1) INSTITUTIONAL ELIGIBILITY.—To be eligible 

3 to receive assistance under this section, a Tribal Col4 lege or University shall be an eligible institution 

5 under section 312(b). 

6 ‘‘(2) APPLICATION.— 

7 ‘‘(A) IN GENERAL.—A Tribal College or 

8 University desiring to receive assistance under 

9 this section shall submit an application to the 

10 Secretary at such time, and in such manner, as 

11 the Secretary may reasonably require. 

12 ‘‘(B) STREAMLINED PROCESS.—The Sec13 retary shall establish application requirements 

14 in such a manner as to simplify and streamline 

15 the process for applying for grants. 

16 ‘‘(3) ALLOCATIONS TO INSTITUTIONS.— 

17 ‘‘(A) CONSTRUCTION GRANTS.— 

18 ‘‘(i) IN GENERAL.—Of the amount ap19 propriated to carry out this section for any 

20 fiscal year, the Secretary may reserve 30 

21 percent for the purpose of awarding 1-year 

22 grants of not less than $1,000,000 to ad23 dress construction, maintenance, and ren24 ovation needs at eligible institutions. 


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1 ‘‘(ii) PREFERENCE.—In providing 

2 grants under clause (i), the Secretary shall 

3 give preference to eligible institutions that 

4 have not yet received an award under this 

5 section. 

6 ‘‘(B) ALLOTMENT OF REMAINING FUNDS.— 

7 ‘‘(i) IN GENERAL.—Except as provided 

8 in clause (ii), the Secretary shall distribute 

9 the remaining funds appropriated for any 

10 fiscal year to each eligible institution as fol11 lows: 

12 ‘‘(I) 60 percent of the remaining 

13 appropriated funds shall be distributed 

14 among the eligible Tribal Colleges and 

15 Universities on a pro rata basis, based 

16 on the respective Indian student counts 

17 (as defined in section 2(a) of the Trib18 ally Controlled College or University 

19 Assistance Act of 1978 (25 U.S.C. 

20 1801(a)) of the Tribal Colleges and 

21 Universities; and 

22 ‘‘(II) the remaining 40 percent 

23 shall be distributed in equal shares to 

24 the eligible Tribal Colleges and Univer25 sities. 


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1 ‘‘(ii) MINIMUM GRANT.—The amount 

2 distributed to a Tribal College or University 

3 under clause (i) shall not be less than 

4 $500,000. 

5 ‘‘(4) SPECIAL RULES.— 

6 ‘‘(A) CONCURRENT FUNDING.—For the pur7 poses of this part, no Tribal College or Univer8 sity that is eligible for and receives funds under 

9 this section shall concurrently receive funds 

10 under other provisions of this part or part B. 

11 ‘‘(B) EXEMPTION.—Section 313(d) shall not 

12 apply to institutions that are eligible to receive 

13 funds under this section.’’. 

14 SEC. 304. ALASKA NATIVE AND NATIVE HAWAIIAN-SERVING 

15 INSTITUTIONS. 

16 Section 317(c)(2) (20 U.S.C. 1059d(c)(2)) is amend17 ed— 

18 (1) in subparagraph (G), by striking ‘‘and’’ after 

19 the semicolon; 

20 (2) in subparagraph (H), by striking the period 

21 and inserting ‘‘; and’’; and 

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

23 ‘‘(I) education or counseling services de24 signed to improve the financial literacy and ecoVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00658 Fmt 6652 Sfmt 6203 E:\BILLS\S1642.RS S1642

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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 Amer14 icans. 

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 IN21 STITUTION.—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 as10 sist such institutions to plan, develop, undertake, and 

11 carry out activities to improve and expand such in12 stitutions’ 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 academic 

2 instruction; 

3 ‘‘(E) the purchase of library books, periodi4 cals, microfilm, and other educational materials; 

5 ‘‘(F) funds and administrative manage6 ment, and acquisition of equipment for use in 

7 strengthening funds management; 

8 ‘‘(G) the joint use of facilities such as lab9 oratories and libraries; and 

10 ‘‘(H) academic tutoring and counseling pro11 grams and student support services. 

12 ‘‘(d) APPLICATION PROCESS.— 

13 ‘‘(1) INSTITUTIONAL ELIGIBILITY.—A Native 

14 American-serving, nontribal institution desiring to 

15 receive assistance under this section shall submit to 

16 the Secretary such enrollment data as may be nec17 essary to demonstrate that the institution is a Native 

18 American-serving, nontribal institution, along with 

19 such other information and data as the Secretary 

20 may by regulation require. 

21 ‘‘(2) APPLICATIONS.— 

22 ‘‘(A) PERMISSION TO SUBMIT APPLICA23 TIONS.—Any institution that is determined by 

24 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 Secretary. 

3 ‘‘(B) SIMPLIFIED AND STREAMLINED FOR4 MAT.—The Secretary shall, to the extent possible, 

5 prescribe a simplified and streamlined format 

6 for applications under this section that takes 

7 into account the limited number of institutions 

8 that are eligible for assistance under this section. 

9 ‘‘(C) CONTENT.—An application submitted 

10 under subparagraph (A) shall include— 

11 ‘‘(i) a 5-year plan for improving the 

12 assistance provided by the Native Amer13 ican-serving, nontribal institution to Native 

14 Americans; and 

15 ‘‘(ii) such other information and assur16 ances as the Secretary may require. 

17 ‘‘(3) SPECIAL RULES.— 

18 ‘‘(A) ELIGIBILITY.—No Native American19 serving, nontribal institution that receives funds 

20 under this section shall concurrently receive 

21 funds under other provisions of this part or part 

22 B. 

23 ‘‘(B) EXEMPTION.—Section 313(d) shall not 

24 apply to institutions that are eligible to receive 

25 funds under this section. 


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1 ‘‘(C) DISTRIBUTION.—In awarding grants 

2 under this section, the Secretary shall, to the ex3 tent possible and consistent with the competitive 

4 process under which such grants are awarded, 

5 ensure maximum and equitable distribution 

6 among all eligible institutions.’’. 

7 (b) MINIMUM GRANT AMOUNT.—Section 399 (20 

8 U.S.C. 1068h) is amended by adding at the end the fol9 lowing: 

10 ‘‘(c) MINIMUM GRANT AMOUNT.—The minimum 

11 amount of a grant under this title shall be $200,000.’’. 

12 SEC. 306. PART B DEFINITIONS. 

13 Section 322(4) (20 U.S.C. 1061(4)) is amended by in14 serting ‘‘, in consultation with the Commissioner for Edu15 cation Statistics’’ before ‘‘and the Commissioner’’. 

16 SEC. 307. GRANTS TO INSTITUTIONS. 

17 Section 323(a) (20 U.S.C. 1062(a)) is amended— 

18 (1) in the matter preceding paragraph (1), by 

19 striking ‘‘360(a)(2)’’ and inserting ‘‘399(a)(2)’’; 

20 (2) by redesignating paragraphs (7) through (12) 

21 as paragraphs (8) through (13), respectively; and 

22 (3) by inserting after paragraph (6) the fol23 lowing: 


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1 ‘‘(7) Education or counseling services designed to 

2 improve the financial literacy and economic literacy 

3 of students or the students’ parents.’’. 

4 SEC. 308. ALLOTMENTS TO INSTITUTIONS. 

5 Section 324 (20 U.S.C. 1063) is amended by adding 

6 at the end the following: 

7 ‘‘(h) SPECIAL RULE ON ELIGIBILITY.—Notwith8 standing any other provision of this section, a part B insti9 tution shall not receive an allotment under this section un10 less the part B institution provides, on an annual basis, 

11 data indicating that the part B institution— 

12 ‘‘(1) enrolled Federal Pell Grant recipients in the 

13 preceding academic year; 

14 ‘‘(2) in the preceding academic year, has grad15 uated students from a program of academic study 

16 that is licensed or accredited by a nationally recog17 nized accrediting agency or association recognized by 

18 the Secretary pursuant to part H of title IV where 

19 appropriate; and 

20 ‘‘(3) where appropriate, has graduated students 

21 who, within the past 5 years, enrolled in graduate or 

22 professional school.’’. 

23 SEC. 309. PROFESSIONAL OR GRADUATE INSTITUTIONS. 

24 Section 326 (20 U.S.C. 1063b) is amended— 

25 (1) in subsection (c)— 


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1 (A) in paragraph (2), by inserting ‘‘, and 

2 for the acquisition and development of real prop3 erty that is adjacent to the campus for such con4 struction, maintenance, renovation, or improve5 ment’’ after ‘‘services’’; 

6 (B) by redesignating paragraphs (5) 

7 through (7) as paragraphs (7) through (9), re8 spectively; 

9 (C) by inserting after paragraph (4) the fol10 lowing: 

11 ‘‘(5) tutoring, counseling, and student service 

12 programs designed to improve academic success; 

13 ‘‘(6) education or counseling services designed to 

14 improve the financial literacy and economic literacy 

15 of students or the students’ parents;’’; 

16 (D) in paragraph (7) (as redesignated by 

17 subparagraph (B)), by striking ‘‘establish or im18 prove’’ and inserting ‘‘establishing or improv19 ing’’; 

20 (E) in paragraph (8) (as redesignated by 

21 subparagraph (B))— 

22 (i) by striking ‘‘assist’’ and inserting 

23 ‘‘assisting’’; and 

24 (ii) by striking ‘‘and’’ after the semi25 colon; 


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1 (F) in paragraph (9) (as redesignated by 

2 subparagraph (B)), by striking the period and 

3 inserting ‘‘; and’’; and 

4 (G) by adding at the end the following: 

5 ‘‘(10) other activities proposed in the application 

6 submitted under subsection (d) that— 

7 ‘‘(A) contribute to carrying out the purposes 

8 of this part; and 

9 ‘‘(B) are approved by the Secretary as part 

10 of the review and acceptance of such applica11 tion.’’; 

12 (2) in subsection (e)— 

13 (A) in paragraph (1)— 

14 (i) by inserting a colon after ‘‘the fol15 lowing’’; 

16 (ii) in subparagraph (Q), by striking 

17 ‘‘and’’ at the end; 

18 (iii) in subparagraph (R), by striking 

19 the period and inserting a semicolon; and 

20 (iv) by adding at the end the following: 

21 ‘‘(S) Alabama State University qualified 

22 graduate program; 

23 ‘‘(T) Coppin State University qualified 

24 graduate program; 


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1 ‘‘(U) Prairie View A & M University quali2 fied graduate program; 

3 ‘‘(V) Fayetteville State University qualified 

4 graduate program; 

5 ‘‘(W) Delaware State University qualified 

6 graduate program; 

7 ‘‘(X) Langston University qualified grad8 uate program; and 

9 ‘‘(Y) West Virginia State University quali10 fied graduate program.’’; 

11 (B) in paragraph (2)(A)— 

12 (i) by inserting ‘‘in law or’’ after ‘‘in13 struction’’; and 

14 (ii) by striking ‘‘mathematics, or’’ and 

15 inserting ‘‘mathematics, psychometrics, or’’; 

16 (C) in paragraph (3)— 

17 (i) by striking ‘‘1998’’ and inserting 

18 ‘‘2007’’; and 

19 (ii) by striking ‘‘(Q) and (R)’’ and in20 serting ‘‘(S), (T), (U), (V), (W), (X), and 

21 (Y)’’; 

22 (3) in subsection (f)— 

23 (A) in paragraph (1), by striking ‘‘(P)’’ 

24 and inserting ‘‘(R)’’; 


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1 (B) in paragraph (2), by striking ‘‘(Q) and 

2 (R)’’ and inserting ‘‘(S), (T), (U), (V), (W), (X), 

3 and (Y)’’; and 

4 (C) in paragraph (3)— 

5 (i) in the matter preceding subpara6 graph (A), by striking ‘‘(R)’’ and inserting 

7 ‘‘(Y)’’; 

8 (ii) by striking subparagraphs (A) and 

9 (B) and inserting the following: 

10 ‘‘(A) The amount of non-Federal funds for 

11 the fiscal year for which the determination is 

12 made that the institution or program listed in 

13 subsection (e)— 

14 ‘‘(i) allocates from institutional re15 sources; 

16 ‘‘(ii) secures from non-Federal sources, 

17 including amounts appropriated by the 

18 State and amounts from the private sector; 

19 and 

20 ‘‘(iii) will utilize to match Federal 

21 funds awarded for the fiscal year for which 

22 the determination is made under this sec23 tion to the institution or program. 

24 ‘‘(B) The number of students enrolled in the 

25 qualified graduate programs of the eligible instiVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00668 Fmt 6652 Sfmt 6203 E:\BILLS\S1642.RS S1642

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1 tution or program, for which the institution or 

2 program received and allocated funding under 

3 this section in the preceding year.’’; 

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

5 ‘‘(or the equivalent) enrolled in the eligible 

6 professional or graduate school’’ and all 

7 that follows through the period and insert8 ing ‘‘enrolled in the qualified programs or 

9 institutions listed in paragraph (1).’’; 

10 (iv) in subparagraph (D)— 

11 (I) by striking ‘‘students’’ and in12 serting ‘‘Black American students or 

13 minority students’’; and 

14 (II) by striking ‘‘institution’’ and 

15 inserting ‘‘institution or program’’; 

16 and 

17 (v) by striking subparagraph (E) and 

18 inserting the following: 

19 ‘‘(E) The percentage that the total number 

20 of Black American students and minority stu21 dents who receive their first professional, mas22 ter’s, or doctoral degrees from the institution or 

23 program in the academic year preceding the aca24 demic year for which the determination is made, 

25 represents of the total number of Black American 


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1 students and minority students in the United 

2 States who receive their first professional, mas3 ter’s, or doctoral degrees in the professions or 

4 disciplines related to the course of study at such 

5 institution or program, respectively, in the pre6 ceding academic year.’’; and 

7 (4) in subsection (g), by striking ‘‘1998’’ and in8 serting ‘‘2007’’. 

9 SEC. 310. AUTHORITY OF THE SECRETARY. 

10 Section 345 (20 U.S.C. 1066d) is amended— 

11 (1) in paragraph (6), by striking ‘‘and’’ after the 

12 semicolon; 

13 (2) in paragraph (7), by striking the period at 

14 the end and inserting ‘‘; and’’; and 

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

16 ‘‘(8) not later than 90 days after the date of en17 actment of the Higher Education Amendments of 

18 2007, shall submit to the authorizing committees a re19 port on the progress of the Department in imple20 menting the recommendations made by the Govern21 ment Accountability Office in October 2006 for im22 proving the Historically Black College and Univer23 sities Capital Financing Program.’’. 


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1 SEC. 311. AUTHORIZATION OF APPROPRIATIONS. 

2 Subsection (a) of section 399 (20 U.S.C. 1068h) is 

3 amended to read as follows: 

4 ‘‘(a) AUTHORIZATIONS.— 

5 ‘‘(1) PART A.—(A) There are authorized to be 

6 appropriated to carry out part A (other than sections 

7 316, 317, and 318) such sums as may be necessary 

8 for fiscal year 2008 and each of the 5 succeeding fis9 cal years. 

10 ‘‘(B) There are authorized to be appropriated to 

11 carry out section 316 such sums as may be necessary 

12 for fiscal year 2008 and each of the 5 succeeding fis13 cal years. 

14 ‘‘(C) There are authorized to be appropriated to 

15 carry out section 317 such sums as may be necessary 

16 for fiscal year 2008 and each of the 5 succeeding fis17 cal years. 

18 ‘‘(D) There are authorized to be appropriated to 

19 carry out section 318 such sums as may be necessary 

20 for fiscal year 2008 and each of the 5 succeeding fis21 cal years. 

22 ‘‘(2) PART B.—(A) There are authorized to be 

23 appropriated to carry out part B (other than section 

24 326) such sums as may be necessary for fiscal year 

25 2008 and each of the 5 succeeding fiscal years. 


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1 ‘‘(B) There are authorized to be appropriated to 

2 carry out section 326 such sums as may be necessary 

3 for fiscal year 2008 and each of the 5 succeeding fis4 cal years. 

5 ‘‘(3) PART C.—There are authorized to be appro6 priated to carry out part C such sums as may be nec7 essary for fiscal year 2008 and each of the 5 suc8 ceeding fiscal years. 

9 ‘‘(4) PART D.—(A) There are authorized to be 

10 appropriated to carry out part D (other than section 

11 345(7), but including section 347) such sums as may 

12 be necessary for fiscal year 2008 and each of the 5 

13 succeeding fiscal years. 

14 ‘‘(B) There are authorized to be appropriated to 

15 carry out section 345(7) such sums as may be nec16 essary for fiscal year 2008 and each of the 5 suc17 ceeding fiscal years. 

18 ‘‘(5) PART E.—There are authorized to be appro19 priated to carry out part E such sums as may be nec20 essary for fiscal year 2008 and each of the 5 suc21 ceeding fiscal years.’’. 

22 SEC. 312. TECHNICAL CORRECTIONS. 

23 Title III (20 U.S.C. 1051 et seq.) is further amended— 

24 (1) in section 342(5)(C) (20 U.S.C. 

25 1066a(5)(C)), by striking ‘‘,,’’ and inserting ‘‘,’’; 


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1 (2) in section 343(e) (20 U.S.C. 1066b(e)), by in2 serting ‘‘SALE OF QUALIFIED BONDS.—’’ before ‘‘Not3 withstanding’’; 

4 (3) in the matter preceding clause (i) of section 

5 365(9)(A) (20 U.S.C. 1067k(9)(A)), by striking ‘‘sup6 port’’ and inserting ‘‘supports’’; 

7 (4) in section 391(b)(7)(E) (20 U.S.C. 

8 1068(b)(7)(E)), by striking ‘‘subparagraph (E)’’ and 

9 inserting ‘‘subparagraph (D)’’; 

10 (5) in the matter preceding subparagraph (A) of 

11 section 392(b)(2) (20 U.S.C. 1068a(b)(2)), by striking 

12 ‘‘eligible institutions under part A institutions’’ and 

13 inserting ‘‘eligible institutions under part A’’; and 

14 (6) in the matter preceding paragraph (1) of sec15 tion 396 (20 U.S.C. 1068e), by striking ‘‘360’’ and 

16 inserting ‘‘399’’. 

17 TITLE IV—STUDENT ASSISTANCE 

18 PART A—GRANTS TO STUDENTS IN ATTENDANCE 

19 AT INSTITUTIONS OF HIGHER EDUCATION 

20 SEC. 401. FEDERAL PELL GRANTS. 

21 (a) AMENDMENTS.—Section 401 (20 U.S.C. 1070a) is 

22 amended— 

23 (1) in subsection (a)— 

24 (A) in paragraph (1)— 


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1 (i) in the first sentence, by striking 

2 ‘‘2004’’ and inserting ‘‘2013’’; and 

3 (ii) in the second sentence, by striking 

4 ‘‘,,’’ and inserting ‘‘,’’; and 

5 (B) in paragraph (3), by striking ‘‘this sub6 part’’ and inserting ‘‘this section’’; 

7 (2) in subsection (b)— 

8 (A) by striking paragraph (2)(A) and in9 serting the following: 

10 ‘‘(2)(A) The amount of the Federal Pell Grant for a 

11 student eligible under this part shall be— 

12 ‘‘(i) $5,400 for academic year 2008–2009; 

13 ‘‘(ii) $5,700 for academic year 2009–2010; 

14 ‘‘(iii) $6,000 for academic year 2010–2011; and 

15 ‘‘(iv) $6,300 for academic year 2011–2012, 

16 less an amount equal to the amount determined to be the 

17 expected family contribution with respect to that student 

18 for that year.’’; 

19 (B) by striking paragraph (3); 

20 (C) in paragraph (4) (as redesignated by 

21 subparagraph (C)), by striking ‘‘$400, except’’ 

22 and all that follows through the period and in23 serting ‘‘10 percent of the maximum basic grant 

24 level specified in the appropriate Appropriation 

25 Act for such academic year, except that a student 


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1 who is eligible for a Federal Pell Grant in an 

2 amount that is equal to or greater than 5 percent 

3 of such level but less than 10 percent of such level 

4 shall be awarded a Federal Pell grant in the 

5 amount of 10 percent of such level.’’; and 

6 (D) by striking paragraph (5) (as redesig7 nated by subparagraph (C)) and inserting the 

8 following: 

9 ‘‘(5) In the case of a student who is enrolled, on at 

10 least a half-time basis and for a period of more than 1 aca11 demic year in a single award year in a 2-year or 4-year 

12 program of instruction for which an institution of higher 

13 education awards an associate or baccalaureate degree, the 

14 Secretary shall award such student not more than 2 Federal 

15 Pell Grants during that award year to permit such student 

16 to accelerate the student’s progress toward a degree. In the 

17 case of a student receiving more than 1 Federal Pell Grant 

18 in a single award year, the total amount of Federal Pell 

19 Grants awarded to such student for the award year may 

20 exceed the maximum basic grant level specified in the ap21 propriate appropriations Act for such award year.’’; and 

22 (3) in subsection (c), by adding at the end the 

23 following: 

24 ‘‘(5) The period of time during which a student may 

25 receive Federal Pell Grants shall not exceed 18 semesters, 


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1 or an equivalent period of time as determined by the Sec2 retary pursuant to regulations, which period shall— 

3 ‘‘(A) be determined without regard to whether 

4 the student is enrolled on a full-time basis during any 

5 portion of the period of time; and 

6 ‘‘(B) include any period of time for which the 

7 student received a Federal Pell Grant prior to July 

8 1, 2008.’’. 

9 (b) EFFECTIVE DATE.—The amendments made by sub10 section (a) shall take effect on July 1, 2008. 

11 SEC. 402. ACADEMIC COMPETITIVENESS GRANTS. 

12 Section 401A (20 U.S.C. 1070a–1) is amended— 

13 (1) by striking subsection (a) and inserting the 

14 following: 

15 ‘‘(a) ACADEMIC COMPETITIVENESS GRANT PROGRAM

16 AUTHORIZED.—The Secretary shall award grants, in the 

17 amounts specified in subsection (d)(1), to eligible students 

18 to assist the eligible students in paying their college edu19 cation expenses.’’; 

20 (2) in subsection (b)— 

21 (A) in paragraph (1), by striking ‘‘aca22 demic’’; and 

23 (B) in paragraph (2), by striking ‘‘third or 

24 fourth academic’’ and inserting ‘‘third, fourth, or 

25 fifth’’; 


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1 (3) in subsection (c)— 

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

3 by striking ‘‘full-time’’ and all that follows 

4 through ‘‘is made’’ and inserting ‘‘student who’’; 

5 (B) by striking paragraph (1) and inserting 

6 the following: 

7 ‘‘(1) is eligible for a Federal Pell Grant for the 

8 award year in which the determination of eligibility 

9 is made for a grant under this section;’’; 

10 (C) by striking paragraph (2) and inserting 

11 the following: 

12 ‘‘(2) is enrolled or accepted for enrollment in an 

13 institution of higher education on not less than a 

14 half-time basis; and’’; and 

15 (D) in paragraph (3)— 

16 (i) by striking subparagraph (A) and 

17 inserting the following: 

18 ‘‘(A) the first year of a program of under19 graduate education at a 2- or 4-year degree20 granting institution of higher education (includ21 ing a program of not less than 1 year for which 

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1 lished by a State or local educational agency and 

2 recognized as such by the Secretary;’’; 

3 (ii) in subparagraph (B)— 

4 (I) in the matter preceding clause 

5 (i), by striking ‘‘academic’’ and all 

6 that follows through ‘‘higher edu7 cation’’ and inserting ‘‘year of a pro8 gram of undergraduate education at a 

9 2- or 4-year degree-granting institu10 tion of higher education (including a 

11 program of not less than 2 years for 

12 which the institution awards a certifi13 cate)’’; and 

14 (II) in clause (ii)— 

15 (aa) by striking ‘‘academic’’; 

16 and 

17 (bb) by striking ‘‘or’’ after 

18 the semicolon at the end; 

19 (iii) in subparagraph (C)— 

20 (I) by striking ‘‘academic’’; 

21 (II) by striking ‘‘four’’ and insert22 ing ‘‘4’’; 

23 (III) by striking clause (i)(II) 

24 and inserting the following: 


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1 ‘‘(II) a critical foreign language; 

2 and’’; and 

3 (IV) in clause (ii), by striking the 

4 period at the end and inserting a semi5 colon; and 

6 (iv) by adding at the end the following: 

7 ‘‘(D) the third or fourth year of a program 

8 of undergraduate education at an institution of 

9 higher education (as defined in section 101(a)) 

10 that demonstrates, to the satisfaction of the Sec11 retary, that the institution— 

12 ‘‘(i) offers a single liberal arts cur13 riculum leading to a baccalaureate degree, 

14 under which students are not permitted by 

15 the institution to declare a major in a par16 ticular subject area, but do study, in such 

17 years, a subject described in subparagraph 

18 (C)(i) that is at least equal to the require19 ments for an academic major at an institu20 tion of higher education that offers a bacca21 laureate degree in such subject, as certified 

22 by the appropriate official of the dem23 onstrating institution; and 

24 ‘‘(ii) offered such curriculum prior to 

25 February 8, 2006; or 


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1 ‘‘(E) the fifth year of a program of under2 graduate education that requires 5 full years of 

3 coursework for which a baccalaureate degree is 

4 awarded by a degree-granting institution of 

5 higher education, as certified by the appropriate 

6 official of such institution— 

7 ‘‘(i) is pursuing a major in— 

8 ‘‘(I) the physical, life, or computer 

9 sciences, mathematics, technology, or 

10 engineering (as determined by the Sec11 retary pursuant to regulations); or 

12 ‘‘(II) a critical foreign language; 

13 and 

14 ‘‘(ii) has obtained a cumulative grade 

15 point average of at least 3.0 (or the equiva16 lent, as determined under regulations pre17 scribed by the Secretary) in the coursework 

18 required for the major described in clause 

19 (i).’’; 

20 (4) in subsection (d)— 

21 (A) in paragraph (1)— 

22 (i) in subparagraph (A)— 

23 (I) by striking ‘‘The’’ and insert24 ing ‘‘IN GENERAL.—The’’; 


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1 (II) in clause (ii), by striking 

2 ‘‘or’’ after the semicolon at the end; 

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

4 ‘‘subsection (c)(3)(C).’’ and inserting 

5 ‘‘subparagraph (C) or (D) of subsection 

6 (c)(3), for each of the 2 years described 

7 in such subparagraphs; or’’; and 

8 (IV) by adding at the end the fol9 lowing: 

10 ‘‘(iv) $4,000 for an eligible student 

11 under subsection (c)(3)(E).’’; and 

12 (ii) in subparagraph (B)— 

13 (I) by striking ‘‘Notwithstanding’’ 

14 and inserting ‘‘LIMITATION; RATABLE

15 REDUCTION.—Notwithstanding’’; 

16 (II) by redesignating clauses (i), 

17 (ii), and (iii), as clauses (ii), (iii), and 

18 (iv), respectively; and 

19 (III) by inserting before clause 

20 (ii), as redesignated under subclause 

21 (II), the following: 

22 ‘‘(i) in any case in which a student at23 tends an institution of higher education on 

24 less than a full-time basis, the amount of 

25 the grant that such student may receive 


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1 shall be reduced in the same manner as a 

2 Federal Pell Grant is reduced under section 

3 401(b)(2)(B);’’; 

4 (B) by striking paragraph (2) and inserting 

5 the following: 

6 ‘‘(2) LIMITATIONS.— 

7 ‘‘(A) NO GRANTS FOR PREVIOUS CREDIT.— 

8 The Secretary may not award a grant under this 

9 section to any student for any year of a program 

10 of undergraduate education for which the student 

11 received credit before the date of enactment of the 

12 Higher Education Reconciliation Act of 2005. 

13 ‘‘(B) NUMBER OF GRANTS.— 

14 ‘‘(i) FIRST YEAR.—In the case of a stu15 dent described in subsection (c)(3)(A), the 

16 Secretary may not award more than 1 

17 grant to such student for such first year of 

18 study. 

19 ‘‘(ii) SECOND YEAR.—In the case of a 

20 student described in subsection (c)(3)(B), 

21 the Secretary may not award more than 1 

22 grant to such student for such second year 

23 of study. 

24 ‘‘(iii) THIRD AND FOURTH YEARS.—In 

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1 graph (C) or (D) of subsection (c)(3), the 

2 Secretary may not award more than 1 

3 grant to such student for each of the third 

4 and fourth years of study. 

5 ‘‘(iv) FIFTH YEAR.—In the case of a 

6 student described in subsection (c)(3)(E), 

7 the Secretary may not award more than 1 

8 grant to such student for such fifth year of 

9 study.’’; and 

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

11 ‘‘(3) CALCULATION OF GRANT PAYMENTS.—An 

12 institution of higher education shall make payments 

13 of a grant awarded under this section in the same 

14 manner, using the same payment periods, as such in15 stitution makes payments for Federal Pell Grants 

16 under section 401.’’; 

17 (5) by striking subsection (e)(2) and inserting 

18 the following: 

19 ‘‘(2) AVAILABILITY OF FUNDS.—Funds made 

20 available under paragraph (1) for a fiscal year shall 

21 remain available for the succeeding fiscal year.’’; 

22 (6) in subsection (f)— 

23 (A) by striking ‘‘at least one’’ and inserting 

24 ‘‘not less than 1’’; and 


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1 (B) by striking ‘‘subsection (c)(3)(A) and 

2 (B)’’ and inserting ‘‘subparagraphs (A) and (B) 

3 of subsection (c)(3)’’; and 

4 (7) in subsection (g), by striking ‘‘academic’’ 

5 and inserting ‘‘award’’. 

6 SEC. 403. FEDERAL TRIO PROGRAMS. 

7 (a) PROGRAM AUTHORITY; AUTHORIZATION OF AP8 PROPRIATIONS.—Section 402A (20 U.S.C. 1070a–11) is 

9 amended— 

10 (1) in subsection (b)— 

11 (A) in paragraph (2)— 

12 (i) in the matter preceding subpara13 graph (A), by striking ‘‘4’’ and inserting 

14 ‘‘5’’; 

15 (ii) by striking subparagraph (A); and 

16 (iii) by redesignating subparagraphs 

17 (B) and (C) as subparagraphs (A) and (B), 

18 respectively; and 

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

20 the following: 

21 ‘‘(3) MINIMUM GRANTS.—Unless the institution 

22 or agency requests a smaller amount, an individual 

23 grant authorized under this chapter shall be awarded 

24 in an amount that is not less than $200,000, except 

25 that an individual grant authorized under section 


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1 402G shall be awarded in an amount that is not less 

2 than $170,000.’’; 

3 (2) in subsection (c)— 

4 (A) in paragraph (2), by striking ‘‘service 

5 delivery’’ and inserting ‘‘high quality service de6 livery, as determined under subsection (f),’’; 

7 (B) in paragraph (3)(B), by striking ‘‘is 

8 not required to’’ and inserting ‘‘shall not’’; and 

9 (C) in paragraph (5), by striking ‘‘cam10 puses’’ and inserting ‘‘different campuses’’; 

11 (3) in subsection (e), by striking ‘‘(g)(2)’’ each 

12 place the term occurs and inserting ‘‘(h)(4)’’; 

13 (4) by redesignating subsections (f) and (g) as 

14 subsections (g) and (h), respectively; 

15 (5) by inserting after subsection (e) the following: 

16 ‘‘(f) OUTCOME CRITERIA.— 

17 ‘‘(1) USE FOR PRIOR EXPERIENCE DETERMINA18 TION.—The Secretary shall use the outcome criteria 

19 described in paragraphs (2) and (3) to evaluate the 

20 programs provided by a recipient of a grant under 

21 this chapter, and the Secretary shall determine an eli22 gible entity’s prior experience of high quality service 

23 delivery, as required under subsection (c)(2), based on 

24 the outcome criteria. 


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1 ‘‘(2) DISAGGREGATION OF RELEVANT DATA.— 

2 The outcome criteria under this subsection shall be 

3 disaggregated by low-income students, first generation 

4 college students, and individuals with disabilities, in 

5 the schools and institutions of higher education served 

6 by the program to be evaluated. 

7 ‘‘(3) CONTENTS OF OUTCOME CRITERIA.—The 

8 outcome criteria under this subsection shall measure, 

9 annually and for longer periods, the quality and ef10 fectiveness of programs authorized under this chapter 

11 and shall include the following: 

12 ‘‘(A) For programs authorized under section 

13 402B, the extent to which the eligible entity met 

14 or exceeded the entity’s objectives established in 

15 the entity’s application for such program regard16 ing— 

17 ‘‘(i) the delivery of service to a total 

18 number of students served by the program; 

19 ‘‘(ii) the continued secondary school 

20 enrollment of such students; 

21 ‘‘(iii) the graduation of such students 

22 from secondary school; 

23 ‘‘(iv) the enrollment of such students in 

24 an institution of higher education; and 


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1 ‘‘(v) to the extent practicable, the post2 secondary education completion of such stu3 dents. 

4 ‘‘(B) For programs authorized under section 

5 402C, the extent to which the eligible entity met 

6 or exceeded the entity’s objectives for such pro7 gram regarding— 

8 ‘‘(i) the delivery of service to a total 

9 number of students served by the program, 

10 as agreed upon by the entity and the Sec11 retary for the period; 

12 ‘‘(ii) such students’ school performance, 

13 as measured by the grade point average, or 

14 its equivalent; 

15 ‘‘(iii) such students’ academic perform16 ance, as measured by standardized tests, in17 cluding tests required by the students’ State; 

18 ‘‘(iv) the retention in, and graduation 

19 from, secondary school of such students; and 

20 ‘‘(v) the enrollment of such students in 

21 an institution of higher education. 

22 ‘‘(C) For programs authorized under section 

23 402D— 

24 ‘‘(i) the extent to which the eligible en25 tity met or exceeded the entity’s objectives 


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1 regarding the retention in postsecondary 

2 education of the students served by the pro3 gram; 

4 ‘‘(ii)(I) in the case of an entity that is 

5 an institution of higher education offering a 

6 baccalaureate degree, the extent to which the 

7 entity met or exceeded the entity’s objectives 

8 regarding such students’ completion of the 

9 degree programs in which such students 

10 were enrolled; or 

11 ‘‘(II) in the case of an entity that is an 

12 institution of higher education that does not 

13 offer a baccalaureate degree, the extent to 

14 which the entity met or exceeded the entity’s 

15 objectives regarding— 

16 ‘‘(aa) the completion of a degree 

17 or certificate by such students; and 

18 ‘‘(bb) the transfer of such students 

19 to institutions of higher education that 

20 offer baccalaureate degrees; 

21 ‘‘(iii) the extent to which the entity 

22 met or exceeded the entity’s objectives re23 garding the delivery of service to a total 

24 number of students, as agreed upon by the 

25 entity and the Secretary for the period; and 


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1 ‘‘(iv) the extent to which the entity met 

2 or exceeded the entity’s objectives regarding 

3 such students remaining in good academic 

4 standing. 

5 ‘‘(D) For programs authorized under sec6 tion 402E, the extent to which the entity met or 

7 exceeded the entity’s objectives for such program 

8 regarding— 

9 ‘‘(i) the delivery of service to a total 

10 number of students, as agreed upon by the 

11 entity and the Secretary for the period; 

12 ‘‘(ii) the provision of appropriate 

13 scholarly and research activities for the stu14 dents served by the program; 

15 ‘‘(iii) the acceptance and enrollment of 

16 such students in graduate programs; and 

17 ‘‘(iv) the continued enrollment of such 

18 students in graduate study and the attain19 ment of doctoral degrees by former program 

20 participants. 

21 ‘‘(E) For programs authorized under section 

22 402F, the extent to which the entity met or ex23 ceeded the entity’s objectives for such program re24 garding— 


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1 ‘‘(i) the enrollment of students without 

2 a secondary school diploma or its recognized 

3 equivalent, who were served by the program, 

4 in programs leading to such diploma or 

5 equivalent; 

6 ‘‘(ii) the enrollment of secondary school 

7 graduates who were served by the program 

8 in programs of postsecondary education; 

9 ‘‘(iii) the delivery of service to a total 

10 number of students, as agreed upon by the 

11 entity and the Secretary for the period; and 

12 ‘‘(iv) the provision of assistance to stu13 dents served by the program in completing 

14 financial aid applications and college ad15 mission applications. 

16 ‘‘(4) MEASUREMENT OF PROGRESS.—In order to 

17 determine the extent to which an outcome criterion 

18 described in paragraphs (2) or (3) is met or exceeded, 

19 an eligible entity receiving assistance under this 

20 chapter shall compare the eligible entity’s target for 

21 the criterion, as established in the eligible entity’s ap22 plication, with the results for the criterion, measured 

23 as of the last day of the applicable time period for the 

24 determination.’’; 


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1 (6) in subsection (g) (as redesignated by para2 graph (4))— 

3 (A) in the first sentence, by striking 

4 ‘‘$700,000,000 for fiscal year 1999’’ and all that 

5 follows through the period and inserting ‘‘such 

6 sums as may be necessary for fiscal year 2008 

7 and each of the 5 succeeding fiscal years.’’; and 

8 (B) by striking the fourth sentence; and 

9 (7) in subsection (h) (as redesignated by para10 graph (4))— 

11 (A) by redesignating paragraphs (1) 

12 through (4) as paragraphs (3) through (6), re13 spectively; 

14 (B) by inserting before paragraph (3) (as 

15 redesignated by subparagraph (A)) the following: 

16 ‘‘(1) DIFFERENT CAMPUS.—The term ‘different 

17 campus’ means a site of an institution of higher edu18 cation that— 

19 ‘‘(A) is geographically apart from the main 

20 campus of the institution; 

21 ‘‘(B) is permanent in nature; and 

22 ‘‘(C) offers courses in educational programs 

23 leading to a degree, certificate, or other recog24 nized educational credential. 


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1 ‘‘(2) DIFFERENT POPULATION.—The term ‘dif2 ferent population’ means a group of individuals, with 

3 respect to whom an eligible entity desires to serve 

4 through an application for a grant under this chap5 ter, that— 

6 ‘‘(A) is separate and distinct from any 

7 other population that the entity has applied for 

8 a grant under this chapter to serve; or 

9 ‘‘(B) while sharing some of the same needs 

10 as another population that the eligible entity has 

11 applied for a grant under this chapter to serve, 

12 has distinct needs for specialized services.’’; 

13 (C) in paragraph (5) (as redesignated by 

14 subparagraph (A))— 

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

16 ‘‘or’’ after the semicolon; 

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

18 the period at the end and inserting ‘‘; or’’; 

19 and 

20 (iii) by adding at the end the fol21 lowing: 

22 ‘‘(C) was a member of a reserve component 

23 of the Armed Forces called to active duty for a 

24 period of more than 180 days.’’; and 


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1 (D) in paragraph (6), by striking ‘‘sub2 paragraph (A) or (B) of paragraph (3)’’ and in3 serting ‘‘subparagraph (A), (B), or (C) of para4 graph (5)’’. 

5 (b) TALENT SEARCH.—Section 402B (20 U.S.C. 

6 1070a–12) is amended— 

7 (1) in subsection (a)— 

8 (A) in paragraph (1), by striking ‘‘to iden9 tify qualified youths with potential for education 

10 at the postsecondary level and to encourage such 

11 youths’’ and inserting ‘‘to encourage eligible 

12 youths’’; 

13 (B) in paragraph (2), by inserting ‘‘, and 

14 facilitate the application for,’’ after ‘‘the avail15 ability of’’; and 

16 (C) in paragraph (3), by striking ‘‘, but 

17 who have the ability to complete such programs, 

18 to reenter’’ and inserting ‘‘to enter or reenter, 

19 and complete’’; 

20 (2) by redesignating subsection (c) as subsection 

21 (d); 

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

23 following: 

24 ‘‘(b) REQUIRED SERVICES.—Any project assisted 

25 under this section shall provide— 


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1 ‘‘(1) academic tutoring, or connections to high 

2 quality academic tutoring services, to enable students 

3 to complete secondary or postsecondary courses, which 

4 may include instruction in reading, writing, study 

5 skills, mathematics, science, and other subjects; 

6 ‘‘(2) advice and assistance in secondary course 

7 selection and, if applicable, initial postsecondary 

8 course selection; 

9 ‘‘(3) assistance in preparing for college entrance 

10 examinations and completing college admission appli11 cations; 

12 ‘‘(4)(A) information on both the full range of 

13 Federal student financial aid programs (including 

14 Federal Pell Grant awards and loan forgiveness) and 

15 resources for locating public and private scholarships; 

16 and 

17 ‘‘(B) assistance in completing financial aid ap18 plications, including the Free Application for Federal 

19 Student Aid described in section 483(a); 

20 ‘‘(5) guidance on and assistance in— 

21 ‘‘(A) secondary school reentry; 

22 ‘‘(B) alternative education programs for sec23 ondary school dropouts that lead to the receipt of 

24 a regular secondary school diploma; 


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1 ‘‘(C) entry into general educational develop2 ment (GED) programs; or 

3 ‘‘(D) postsecondary education; and 

4 ‘‘(6) education or counseling services designed to 

5 improve the financial literacy and economic literacy 

6 of students or the students’ parents, including finan7 cial planning for postsecondary education. 

8 ‘‘(c) PERMISSIBLE SERVICES.—Any project assisted 

9 under this section may provide services such as— 

10 ‘‘(1) personal and career counseling or activities; 

11 ‘‘(2) information and activities designed to ac12 quaint youths with the range of career options avail13 able to the youths; 

14 ‘‘(3) exposure to the campuses of institutions of 

15 higher education, as well as cultural events, academic 

16 programs, and other sites or activities not usually 

17 available to disadvantaged youth; 

18 ‘‘(4) workshops and counseling for families of 

19 students served; 

20 ‘‘(5) mentoring programs involving elementary 

21 or secondary school teachers or counselors, faculty 

22 members at institutions of higher education, students, 

23 or any combination of such persons; and 

24 ‘‘(6) programs and activities as described in sub25 section (b) or paragraphs (1) through (5) of this subVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00695 Fmt 6652 Sfmt 6203 E:\BILLS\S1642.RS S1642

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1 section that are specially designed for students who 

2 are limited English proficient, students with disabil3 ities, students who are homeless children and youths 

4 (as such term is defined in section 725 of the McKin5 ney-Vento Homeless Assistance Act (42 U.S.C. 

6 11434a)), or students who are in foster care or are 

7 aging out of the foster care system.’’; and 

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

9 subsection (d) (as redesignated by paragraph (2)), by 

10 striking ‘‘talent search projects under this chapter’’ 

11 and inserting ‘‘projects under this section’’. 

12 (c) UPWARD BOUND.—Section 402C (20 U.S.C. 

13 1070a–13) is amended— 

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

15 following: 

16 ‘‘(b) REQUIRED SERVICES.—Any project assisted 

17 under this section shall provide— 

18 ‘‘(1) academic tutoring to enable students to 

19 complete secondary or postsecondary courses, which 

20 may include instruction in reading, writing, study 

21 skills, mathematics, science, and other subjects; 

22 ‘‘(2) advice and assistance in secondary and 

23 postsecondary course selection; 


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1 ‘‘(3) assistance in preparing for college entrance 

2 examinations and completing college admission appli3 cations; 

4 ‘‘(4)(A) information on both the full range of 

5 Federal student financial aid programs (including 

6 Federal Pell Grant awards and loan forgiveness) and 

7 resources for locating public and private scholarships; 

8 and 

9 ‘‘(B) assistance in completing financial aid ap10 plications, including the Free Application for Federal 

11 Student Aid described in section 483(a); 

12 ‘‘(5) guidance on and assistance in— 

13 ‘‘(A) secondary school reentry; 

14 ‘‘(B) alternative education programs for sec15 ondary school dropouts that lead to the receipt of 

16 a regular secondary school diploma; 

17 ‘‘(C) entry into general educational develop18 ment (GED) programs; or 

19 ‘‘(D) postsecondary education; and 

20 ‘‘(6) education or counseling services designed to 

21 improve the financial literacy and economic literacy 

22 of students or the students’ parents, including finan23 cial planning for postsecondary education.’’; 

24 (2) in subsection (c)— 


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1 (A) in the subsection heading, by striking 

2 ‘‘REQUIRED SERVICES’’ and inserting ‘‘ADDI3 TIONAL REQUIRED SERVICES FOR MULTIPLE4 YEAR GRANT RECIPIENTS’’; and 

5 (B) by striking ‘‘upward bound project as6 sisted under this chapter’’ and inserting ‘‘project 

7 assisted under this section’’; 

8 (3) by redesignating subsections (d) and (e) as 

9 subsections (f) and (g), respectively; 

10 (4) by inserting after subsection (c) the fol11 lowing: 

12 ‘‘(d) PERMISSIBLE SERVICES.—Any project assisted 

13 under this section may provide such services as— 

14 ‘‘(1) exposure to cultural events, academic pro15 grams, and other activities not usually available to 

16 disadvantaged youth; 

17 ‘‘(2) information, activities and instruction de18 signed to acquaint youths participating in the project 

19 with the range of career options available to the 

20 youths; 

21 ‘‘(3) on-campus residential programs; 

22 ‘‘(4) mentoring programs involving elementary 

23 school or secondary school teachers or counselors, fac24 ulty members at institutions of higher education, stu25 dents, or any combination of such persons; 


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1 ‘‘(5) work-study positions where youth partici2 pating in the project are exposed to careers requiring 

3 a postsecondary degree; 

4 ‘‘(6) special services to enable veterans to make 

5 the transition to postsecondary education; and 

6 ‘‘(7) programs and activities as described in sub7 section (b), subsection (c), or paragraphs (1) through 

8 (6) of this subsection that are specially designed for 

9 students who are limited English proficient, students 

10 with disabilities, students who are homeless children 

11 and youths (as such term is defined in section 725 of 

12 the McKinney-Vento Homeless Assistance Act (42 

13 U.S.C. 11434a)), or students who are in foster care or 

14 are aging out of the foster care system. 

15 ‘‘(e) PRIORITY.—In providing assistance under this 

16 section the Secretary— 

17 ‘‘(1) shall give priority to projects assisted under 

18 this section that select not less than 30 percent of all 

19 first-time participants in the projects from students 

20 who have a high academic risk for failure; and 

21 ‘‘(2) shall not deny participation in a project as22 sisted under this section to a student because the stu23 dent will enter the project after the 9th grade.’’; 

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

25 subsection (f) (as redesignated by paragraph (3)), by 


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1 striking ‘‘upward bound projects under this chapter’’ 

2 and inserting ‘‘projects under this section’’; and 

3 (6) in subsection (g) (as redesignated by para4 graph (3))— 

5 (A) by striking ‘‘during June, July, and 

6 August’’ each place the term occurs and inserting 

7 ‘‘during the summer school recess, for a period 

8 not to exceed 3 months’’; and 

9 (B) by striking ‘‘(b)(10)’’ and inserting 

10 ‘‘(d)(5)’’. 

11 (d) STUDENT SUPPORT SERVICES.—Section 402D (20 

12 U.S.C. 1070a–14) is amended— 

13 (1) in subsection (a)— 

14 (A) in paragraph (2), by striking ‘‘and’’ 

15 after the semicolon; 

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

17 the following: 

18 ‘‘(3) to foster an institutional climate supportive 

19 of the success of low-income and first generation col20 lege students, students with disabilities, students who 

21 are limited English proficient, students who are 

22 homeless children and youths (as such term is defined 

23 in section 725 of the McKinney-Vento Homeless As24 sistance Act (42 U.S.C. 11434a)), and students who 


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1 are in foster care or are aging out of the foster care 

2 system.’’; and 

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

4 ‘‘(4) to improve the financial literacy and eco5 nomic literacy of students, including— 

6 ‘‘(A) basic personal income, household 

7 money management, and financial planning 

8 skills; and 

9 ‘‘(B) basic economic decisionmaking skills.’’; 

10 (2) by redesignating subsections (c) and (d) as 

11 subsections (d) and (e); 

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

13 following: 

14 ‘‘(b) REQUIRED SERVICES.—A project assisted under 

15 this section shall provide— 

16 ‘‘(1) academic tutoring to enable students to 

17 complete postsecondary courses, which may include 

18 instruction in reading, writing, study skills, mathe19 matics, science, and other subjects; 

20 ‘‘(2) advice and assistance in postsecondary 

21 course selection; 

22 ‘‘(3)(A) information on both the full range of 

23 Federal student financial aid programs (including 

24 Federal Pell Grant awards and loan forgiveness) and 


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1 resources for locating public and private scholarships; 

2 and 

3 ‘‘(B) assistance in completing financial aid ap4 plications, including the Free Application for Federal 

5 Student Aid described in section 483(a); 

6 ‘‘(4) education or counseling services designed to 

7 improve the financial literacy and economic literacy 

8 of students, including financial planning for postsec9 ondary education; 

10 ‘‘(5) activities designed to assist students partici11 pating in the project in securing college admission 

12 and financial assistance for enrollment in graduate 

13 and professional programs; and 

14 ‘‘(6) activities designed to assist students enrolled 

15 in 2-year institutions of higher education in securing 

16 admission and financial assistance for enrollment in 

17 a 4-year program of postsecondary education. 

18 ‘‘(c) PERMISSIBLE SERVICES.—A project assisted 

19 under this section may provide services such as— 

20 ‘‘(1) consistent, individualized personal, career, 

21 and academic counseling, provided by assigned coun22 selors; 

23 ‘‘(2) information, activities, and instruction de24 signed to acquaint youths participating in the project 


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1 with the range of career options available to the stu2 dents; 

3 ‘‘(3) exposure to cultural events and academic 

4 programs not usually available to disadvantaged stu5 dents; 

6 ‘‘(4) activities designed to acquaint students par7 ticipating in the project with the range of career op8 tions available to the students; 

9 ‘‘(5) mentoring programs involving faculty or 

10 upper class students, or a combination thereof; 

11 ‘‘(6) securing temporary housing during breaks 

12 in the academic year for students who are homeless 

13 children and youths (as such term is defined in sec14 tion 725 of the McKinney-Vento Homeless Assistance 

15 Act (42 U.S.C. 11434a)) or were formerly homeless 

16 children and youths and students who are in foster 

17 care or are aging out of the foster care system; and 

18 ‘‘(7) programs and activities as described in sub19 section (b) or paragraphs (1) through (5) of this sub20 section that are specially designed for students who 

21 are limited English proficient, students with disabil22 ities, students who are homeless children and youths 

23 (as such term is defined in section 725 of the McKin24 ney-Vento Homeless Assistance Act (42 U.S.C. 

25 11434a)) or were formerly homeless children and 


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1 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)), by 

8 striking ‘‘student support services projects under this 

9 chapter’’ and inserting ‘‘projects under this section’’. 

10 (e) POSTBACCALAUREATE ACHIEVEMENT PROGRAM

11 AUTHORITY.—Section 402E (20 U.S.C. 1070a–15) is 

12 amended— 

13 (1) in subsection (b)— 

14 (A) in the subsection heading, by inserting 

15 ‘‘REQUIRED’’ before ‘‘SERVICES’’; 

16 (B) in the matter preceding paragraph (1), 

17 by striking ‘‘A postbaccalaureate achievement 

18 project assisted under this section may provide 

19 services such as—’’ and inserting ‘‘A project as20 sisted under this section shall provide—’’; 

21 (C) in paragraph (5), by inserting ‘‘and’’ 

22 after the semicolon; 

23 (D) in paragraph (6), by striking the semi24 colon and inserting a period; and 

25 (E) by striking paragraphs (7) and (8); 


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1 (2) by redesignating subsections (c) through (f) 

2 as subsections (d) through (g), respectively; 

3 (3) by inserting after subsection (b) the fol4 lowing: 

5 ‘‘(c) PERMISSIBLE SERVICES.—A project assisted 

6 under this section may provide services such as— 

7 ‘‘(1) education or counseling services designed to 

8 improve the financial literacy and economic literacy 

9 of students, including financial planning for postsec10 ondary education; 

11 ‘‘(2) mentoring programs involving faculty mem12 bers at institutions of higher education, students, or 

13 any combination of such persons; and 

14 ‘‘(3) exposure to cultural events and academic 

15 programs not usually available to disadvantaged stu16 dents.’’; 

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

18 subsection (d) (as redesignated by paragraph (2)), by 

19 striking ‘‘postbaccalaureate achievement’’; 

20 (5) in the matter preceding paragraph (1) of 

21 subsection (f) (as redesignated by paragraph (2)), by 

22 striking ‘‘postbaccalaureate achievement project’’ and 

23 inserting ‘‘project under this section’’; and 

24 (6) in subsection (g) (as redesignated by para25 graph (2))— 


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1 (A) by striking ‘‘402A(f)’’ and inserting 

2 ‘‘402A(g)’’; and 

3 (B) by striking ‘‘1993 through 1997’’ and 

4 inserting ‘‘2007 through 2012’’. 

5 (f) EDUCATIONAL OPPORTUNITY CENTERS.—Section 

6 402F (20 U.S.C. 1070a–16) is amended— 

7 (1) in subsection (a)— 

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

9 after the semicolon; 

10 (B) in paragraph (2), by striking the period 

11 at the end and inserting ‘‘; and’’; and 

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

13 ‘‘(3) to improve the financial literacy and eco14 nomic literacy of students, including— 

15 ‘‘(A) basic personal income, household 

16 money management, and financial planning 

17 skills; and 

18 ‘‘(B) basic economic decisionmaking skills.’’; 

19 and 

20 (2) in subsection (b)— 

21 (A) by redesignating paragraphs (5) 

22 through (10) as paragraphs (6) through (11), re23 spectively; 

24 (B) by inserting after paragraph (4) the fol25 lowing: 


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1 ‘‘(5) education or counseling services designed to 

2 improve the financial literacy and economic literacy 

3 of students;’’; 

4 (C) by striking paragraph (7) (as redesig5 nated by subparagraph (A)) and inserting the 

6 following: 

7 ‘‘(7) individualized personal, career, and aca8 demic counseling;’’; and 

9 (D) by striking paragraph (11) (as redesig10 nated by subparagraph (A)) and inserting the 

11 following: 

12 ‘‘(11) programs and activities as described in 

13 paragraphs (1) through (10) that are specially de14 signed for students who are limited English pro15 ficient, students with disabilities, or students who are 

16 homeless children and youths (as such term is defined 

17 in section 725 of the McKinney-Vento Homeless As18 sistance Act (42 U.S.C. 11434a)), or programs and 

19 activities for students who are in foster care or are 

20 aging out of the foster care system.’’. 

21 (g) STAFF DEVELOPMENT ACTIVITIES.—Section 

22 402G(b)(3) (20 U.S.C. 1070a–17(b)(3)) is amended by in23 serting ‘‘, including strategies for recruiting and serving 

24 students who are homeless children and youths (as such 

25 term is defined in section 725 of the McKinney-Vento 


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1 Homeless Assistance Act (42 U.S.C. 11434a)) and students 

2 who are in foster care or are aging out of the foster care 

3 system’’ before the period at the end. 

4 (h) REPORTS, EVALUATIONS, AND GRANTS FOR

5 PROJECT IMPROVEMENT AND DISSEMINATION.—Section 

6 402H (20 U.S.C. 1070a–18) is amended— 

7 (1) by striking the section heading and inserting 

8 ‘‘REPORTS, EVALUATIONS, AND GRANTS FOR

9 PROJECT IMPROVEMENT AND DISSEMINA10 TION.’’; 

11 (2) by redesignating subsections (a) through (c) 

12 as subsections (b) through (d), respectively; 

13 (3) by inserting before subsection (b) (as redesig14 nated by paragraph (2)) the following: 

15 ‘‘(a) REPORTS TO THE AUTHORIZING COMMITTEES.— 

16 The Secretary shall submit annually, to the authorizing 

17 committees, a report that documents the performance of all 

18 programs funded under this chapter. The report shall— 

19 ‘‘(1) be submitted not later than 24 months after 

20 the eligible entities receiving funds under this chapter 

21 are required to report their performance to the Sec22 retary; 

23 ‘‘(2) focus on the programs’ performance on the 

24 relevant outcome criteria determined under section 

25 402A(f)(4); 


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1 ‘‘(3) aggregate individual project performance 

2 data on the outcome criteria in order to provide na3 tional performance data for each program; 

4 ‘‘(4) include, when appropriate, descriptive data, 

5 multi-year data, and multi-cohort data; and 

6 ‘‘(5) include comparable data on the performance 

7 nationally of low-income students, first-generation 

8 students, and students with disabilities.’’; and 

9 (4) in subsection (b) (as redesignated by para10 graph (2)), by striking paragraph (2) and inserting 

11 the following: 

12 ‘‘(2) PRACTICES.— 

13 ‘‘(A) IN GENERAL.—The evaluations de14 scribed in paragraph (1) shall identify institu15 tional, community, and program or project prac16 tices that are particularly effective in— 

17 ‘‘(i) enhancing the access of low-income 

18 individuals and first-generation college stu19 dents to postsecondary education; 

20 ‘‘(ii) the preparation of the individuals 

21 and students for postsecondary education; 

22 and 

23 ‘‘(iii) fostering the success of the indi24 viduals and students in postsecondary edu25 cation. 


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1 ‘‘(B) PRIMARY PURPOSE.—Any evaluation 

2 conducted under this chapter shall have as its 

3 primary purpose the identification of particular 

4 practices that further the achievement of the out5 come criteria determined under section 

6 402A(f)(4). 

7 ‘‘(C) DISSEMINATION AND USE OF EVALUA8 TION FINDINGS.—The Secretary shall dissemi9 nate to eligible entities and make available to the 

10 public the practices identified under subpara11 graph (B). The practices may be used by eligible 

12 entities that receive assistance under this chapter 

13 after the dissemination. 

14 ‘‘(3) RECRUITMENT.—The Secretary shall not re15 quire an eligible entity desiring to receive assistance 

16 under this chapter to recruit students to serve as a 

17 control group for purposes of evaluating any program 

18 or project assisted under this chapter.’’. 

19 SEC. 404. GAINING EARLY AWARENESS AND READINESS 

20 FOR UNDERGRADUATE PROGRAMS. 

21 (a) EARLY INTERVENTION AND COLLEGE AWARENESS

22 PROGRAM AUTHORIZED.—Section 404A (20 U.S.C. 1070a– 

23 21) is amended— 

24 (1) by striking subsection (a) and inserting the 

25 following: 


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1 ‘‘(a) PROGRAM AUTHORIZED.—The Secretary is au2 thorized, in accordance with the requirements of this chap3 ter, to establish a program that encourages eligible entities 

4 to provide support to eligible low-income students to assist 

5 the students in obtaining a secondary school diploma (or 

6 its recognized equivalent) and to prepare for and succeed 

7 in postsecondary education, by providing— 

8 ‘‘(1) financial assistance, academic support, ad9 ditional counseling, mentoring, outreach, and sup10 portive services to middle school and secondary school 

11 students to reduce— 

12 ‘‘(A) the risk of such students dropping out 

13 of school; or 

14 ‘‘(B) the need for remedial education for 

15 such students at the postsecondary level; and 

16 ‘‘(2) information to students and their parents 

17 about the advantages of obtaining a postsecondary 

18 education and the college financing options for the 

19 students and their parents.’’; 

20 (2) by striking subsection (b)(2)(A) and inserting 

21 the following: 

22 ‘‘(A) give priority to eligible entities that 

23 have a prior, demonstrated commitment to early 

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1 laboration and replication of successful strate2 gies;’’; and 

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

4 the following: 

5 ‘‘(2) a partnership— 

6 ‘‘(A) consisting of— 

7 ‘‘(i) 1 or more local educational agen8 cies; and 

9 ‘‘(ii) 1 or more degree granting institu10 tions of higher education; and 

11 ‘‘(B) which may include not less than 2 

12 other community organizations or entities, such 

13 as businesses, professional organizations, State 

14 agencies, institutions or agencies sponsoring pro15 grams authorized under subpart 4, or other pub16 lic or private agencies or organizations.’’. 

17 (b) REQUIREMENTS.—Section 404B (20 U.S.C. 

18 1070a–22) is amended— 

19 (1) by striking subsection (a) and inserting the 

20 following: — 

21 ‘‘(a) FUNDING RULES.— 

22 ‘‘(1) DISTRIBUTION.—In awarding grants from 

23 the amount appropriated under section 404G for a 

24 fiscal year, the Secretary shall take into consider25 ation— 


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1 ‘‘(A) the geographic distribution of such 

2 awards; and 

3 ‘‘(B) the distribution of such awards be4 tween urban and rural applicants. 

5 ‘‘(2) SPECIAL RULE.—The Secretary shall annu6 ally reevaluate the distribution of funds described in 

7 paragraph (1) based on number, quality, and promise 

8 of the applications.’’; 

9 (2) by striking subsections (b), (e), and (f); 

10 (3) by redesignating subsections (c), (d), and (g) 

11 as subsections (b), (c), and (d), respectively; and 

12 (4) by adding at the end the following: 

13 ‘‘(e) SUPPLEMENT, NOT SUPPLANT.—Grant funds 

14 awarded under this chapter shall be used to supplement, 

15 and not supplant, other Federal, State, and local funds that 

16 would otherwise be expended to carry out activities assisted 

17 under this chapter.’’. 

18 (c) APPLICATION.—Section 404C (20 U.S.C. 1070a– 

19 23) is amended— 

20 (1) in the section heading, by striking ‘‘ELIGI21 BLE ENTITY PLANS’’ and inserting ‘‘APPLICA22 TIONS’’; 

23 (2) in subsection (a)— 

24 (A) in the subsection heading, by striking 

25 ‘‘PLAN’’ and inserting ‘‘APPLICATION’’; 


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1 (B) in paragraph (1)— 

2 (i) by striking ‘‘a plan’’ and inserting 

3 ‘‘an application’’; and 

4 (ii) by striking the second sentence; 

5 and 

6 (C) by striking paragraph (2) and inserting 

7 the following: 

8 ‘‘(2) CONTENTS.—Each application submitted 

9 pursuant to paragraph (1) shall be in such form, con10 tain or be accompanied by such information or assur11 ances, and be submitted at such time as the Secretary 

12 may require. Each such application shall, at a min13 imum— 

14 ‘‘(A) describe the activities for which assist15 ance under this chapter is sought, including how 

16 the eligible entity will carry out the required ac17 tivities described in section 404D(a); 

18 ‘‘(B) describe how the eligible agency will 

19 meet the requirements of section 404E; 

20 ‘‘(C) provide assurances that adequate ad21 ministrative and support staff will be responsible 

22 for coordinating the activities described in sec23 tion 404D; 

24 ‘‘(D) ensure that activities assisted under 

25 this chapter will not displace an employee or 


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1 eliminate a position at a school assisted under 

2 this chapter, including a partial displacement 

3 such as a reduction in hours, wages or employ4 ment benefits; 

5 ‘‘(E) describe, in the case of an eligible enti6 ty described in section 404A(c)(2), how the eligi7 ble entity will define the cohorts of the students 

8 served by the eligible entity pursuant to section 

9 404B(d), and how the eligible entity will serve 

10 the cohorts through grade 12, including— 

11 ‘‘(i) how vacancies in the program 

12 under this chapter will be filled; and 

13 ‘‘(ii) how the eligible entity will serve 

14 students attending different secondary 

15 schools; 

16 ‘‘(F) describe how the eligible entity will co17 ordinate programs with other existing Federal, 

18 State, or local programs to avoid duplication 

19 and maximize the number of students served; 

20 ‘‘(G) provide such additional assurances as 

21 the Secretary determines necessary to ensure 

22 compliance with the requirements of this chapter; 

23 and 

24 ‘‘(H) provide information about the activi25 ties that will be carried out by the eligible entity 


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1 to support systemic changes from which future 

2 cohorts of students will benefit.’’; 

3 (3) in the matter preceding subparagraph (A) of 

4 subsection (b)(1)— 

5 (A) by striking ‘‘a plan’’ and inserting ‘‘an 

6 application’’; and 

7 (B) by striking ‘‘such plan’’ and inserting 

8 ‘‘such application’’; and 

9 (4) in subsection (c)(1), by striking the semicolon 

10 at the end and inserting ‘‘including— 

11 ‘‘(A) the amount contributed to a student 

12 scholarship fund established under section 404E; 

13 and 

14 ‘‘(B) the amount of the costs of admin15 istering the scholarship program under section 

16 404E;’’. 

17 (d) ACTIVITIES.—Section 404D (20 U.S.C. 1070a–24) 

18 is amended to read as follows: 

19 ‘‘SEC. 404D. ACTIVITIES. 

20 ‘‘(a) REQUIRED ACTIVITIES.—Each eligible entity re21 ceiving a grant under this chapter shall carry out the fol22 lowing: 

23 ‘‘(1) Provide information regarding financial 

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1 dents in the cohort described in subsection 

2 404B(d)(1)(A). 

3 ‘‘(2) Encourage student enrollment in rigorous 

4 and challenging curricula and coursework, in order to 

5 reduce the need for remedial coursework at the post6 secondary level. 

7 ‘‘(3) Support activities designed to improve the 

8 number of participating students who— 

9 ‘‘(A) obtain a secondary school diploma; 

10 and 

11 ‘‘(B) complete applications for and enroll in 

12 a program of postsecondary education. 

13 ‘‘(4) In the case of an eligible entity described in 

14 section 404A(c)(1), provide for the scholarships de15 scribed in section 404E. 

16 ‘‘(b) OPTIONAL ACTIVITIES FOR STATES AND PART17 NERSHIPS.—An eligible entity that receives a grant under 

18 this chapter may use grant funds to carry out 1 or more 

19 of the following activities: 

20 ‘‘(1) Providing tutoring and supporting mentors, 

21 including adults or former participants of a program 

22 under this chapter, for eligible students. 

23 ‘‘(2) Conducting outreach activities to recruit 

24 priority students described in subsection (d) to par25 ticipate in program activities. 


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1 ‘‘(3) Providing supportive services to eligible stu2 dents. 

3 ‘‘(4) Supporting the development or implementa4 tion of rigorous academic curricula, which may in5 clude college preparatory, Advanced Placement, or 

6 International Baccalaureate programs, and providing 

7 participating students access to rigorous core courses 

8 that reflect challenging State academic standards. 

9 ‘‘(5) Supporting dual or concurrent enrollment 

10 programs between the secondary school and institu11 tion of higher education partners of an eligible entity 

12 described in section 404A(c)(2), and other activities 

13 that support participating students in— 

14 ‘‘(A) meeting challenging academic stand15 ards; 

16 ‘‘(B) successfully applying for postsecondary 

17 education; 

18 ‘‘(C) successfully applying for student fi19 nancial aid; and 

20 ‘‘(D) developing graduation and career 

21 plans. 

22 ‘‘(6) Providing support for scholarships described 

23 in section 404E. 


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1 ‘‘(7) Introducing eligible students to institutions 

2 of higher education, through trips and school-based 

3 sessions. 

4 ‘‘(8) Providing an intensive extended school day, 

5 school year, or summer program that offers— 

6 ‘‘(A) additional academic classes; or 

7 ‘‘(B) assistance with college admission ap8 plications. 

9 ‘‘(9) Providing other activities designed to ensure 

10 secondary school completion and postsecondary edu11 cation enrollment of at-risk children, such as— 

12 ‘‘(A) the identification of at-risk children; 

13 ‘‘(B) after-school and summer tutoring; 

14 ‘‘(C) assistance to at-risk children in ob15 taining summer jobs; 

16 ‘‘(D) academic counseling; 

17 ‘‘(E) volunteer and parent involvement; 

18 ‘‘(F) encouraging former or current partici19 pants of a program under this chapter to serve 

20 as peer counselors; 

21 ‘‘(G) skills assessments; 

22 ‘‘(H) personal counseling; 

23 ‘‘(I) family counseling and home visits; 

24 ‘‘(J) staff development; and 


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1 ‘‘(K) programs and activities described in 

2 this subsection that are specially designed for 

3 students who are limited English proficient. 

4 ‘‘(10) Enabling eligible students to enroll in Ad5 vanced Placement or International Baccalaureate 

6 courses, or college entrance examination preparation 

7 courses. 

8 ‘‘(11) Providing services to eligible students in 

9 the participating cohort described in section 

10 404B(d)(1)(A), through the first year of attendance at 

11 an institution of higher education. 

12 ‘‘(c) ADDITIONAL OPTIONAL ACTIVITIES FOR

13 STATES.—In addition to the required activities described 

14 in subsection (a) and the optional activities described in 

15 subsection (b), an eligible entity described in section 

16 404A(c)(1) receiving funds under this chapter may use 

17 grant funds to carry out 1 or more of the following activi18 ties: 

19 ‘‘(1) Providing technical assistance to— 

20 ‘‘(A) middle schools or secondary schools 

21 that are located within the State; or 

22 ‘‘(B) partnerships described in section 

23 404A(c)(2) that are located within the State. 


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1 ‘‘(2) Providing professional development oppor2 tunities to individuals working with eligible cohorts 

3 of students described in section 404B(d)(1)(A). 

4 ‘‘(3) Providing strategies and activities that 

5 align efforts in the State to prepare eligible students 

6 for attending and succeeding in postsecondary edu7 cation, which may include the development of gradua8 tion and career plans. 

9 ‘‘(4) Disseminating information on the use of 

10 scientifically based research and best practices to im11 prove services for eligible students. 

12 ‘‘(5)(A) Disseminating information on effective 

13 coursework and support services that assist students 

14 in obtaining the goals described in subparagraph 

15 (B)(ii). 

16 ‘‘(B) Identifying and disseminating information 

17 on best practices with respect to— 

18 ‘‘(i) increasing parental involvement; and 

19 ‘‘(ii) preparing students, including students 

20 with disabilities and students who are limited 

21 English proficient, to succeed academically in, 

22 and prepare financially for, postsecondary edu23 cation. 


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1 ‘‘(6) Working to align State academic standards 

2 and curricula with the expectations of postsecondary 

3 institutions and employers. 

4 ‘‘(7) Developing alternatives to traditional sec5 ondary school that give students a head start on at6 taining a recognized postsecondary credential (includ7 ing an industry certificate, an apprenticeship, or an 

8 associate’s or a bachelor’s degree), including school de9 signs that give students early exposure to college-level 

10 courses and experiences and allow students to earn 

11 transferable college credits or an associate’s degree at 

12 the same time as a secondary school diploma. 

13 ‘‘(8) Creating community college programs for 

14 drop-outs that are personalized drop-out recovery pro15 grams that allow drop-outs to complete a regular sec16 ondary school diploma and begin college-level work. 

17 ‘‘(d) PRIORITY STUDENTS.—For eligible entities not 

18 using a cohort approach, the eligible entity shall treat as 

19 priority students any student in middle or secondary school 

20 who is eligible— 

21 ‘‘(1) to be counted under section 1124(c) of the 

22 Elementary and Secondary Education Act of 1965; 

23 ‘‘(2) for free or reduced price meals under the 

24 Richard B. Russell National School Lunch Act; 


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1 ‘‘(3) for assistance under a State program fund2 ed under part A or E of title IV of the Social Secu3 rity Act (42 U.S.C. 601 et seq., 670 et seq.); or 

4 ‘‘(4) for assistance under subtitle B of title VII 

5 of the McKinney-Vento Homeless Assistance Act (42 

6 U.S.C. 11431 et seq.). 

7 ‘‘(e) ALLOWABLE PROVIDERS.—In the case of eligible 

8 entities described in section 404A(c)(1), the activities re9 quired by this section may be provided by service providers 

10 such as community-based organizations, schools, institu11 tions of higher education, public and private agencies, non12 profit and philanthropic organizations, businesses, institu13 tions and agencies sponsoring programs authorized under 

14 subpart 4, and other organizations the State determines ap15 propriate.’’. 

16 (e) SCHOLARSHIP COMPONENT.—Section 404E (20 

17 U.S.C. 1070a–25) is amended— 

18 (1) by striking subsections (e) and (f); 

19 (2) by redesignating subsections (b), (c), and (d) 

20 as subsections (d), (f), and (g), respectively; 

21 (3) by inserting after subsection (a) the fol22 lowing: 

23 ‘‘(b) LIMITATION.— 

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

25 each eligible entity described in section 404A(c)(1) 


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1 that receives a grant under this chapter shall use not 

2 less than 25 percent and not more than 50 percent of 

3 the grant funds for activities described in section 

4 404D (except for the activity described in subsection 

5 (a)(4) of such section), with the remainder of such 

6 funds to be used for a scholarship program under this 

7 section in accordance with such subsection. 

8 ‘‘(2) EXCEPTION.—Notwithstanding paragraph 

9 (1), the Secretary may allow an eligible entity to use 

10 more than 50 percent of grant funds received under 

11 this chapter for such activities, if the eligible entity 

12 demonstrates that the eligible entity has another 

13 means of providing the students with the financial as14 sistance described in this section and describes such 

15 means in the application submitted under section 

16 404C. 

17 ‘‘(c) NOTIFICATION OF ELIGIBILITY.—Each eligible en18 tity providing scholarships under this section shall provide 

19 information on the eligibility requirements for the scholar20 ships to all participating students upon the students’ entry 

21 into the programs assisted under this chapter.’’; 

22 (4) in subsection (d) (as redesignated by para23 graph (2)), by striking ‘‘the lesser of’’ and all that fol24 lows through the period at the end of paragraph (2) 


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1 and inserting ‘‘the minimum Federal Pell Grant 

2 award under section 401 for such award year.’’; 

3 (5) by inserting after subsection (d) (as redesig4 nated by paragraph (2) and amended by paragraph 

5 (4)) the following: 

6 ‘‘(e) PORTABILITY OF ASSISTANCE.— 

7 ‘‘(1) IN GENERAL.—Each eligible entity de8 scribed in section 404A(c)(1) that receives a grant 

9 under this chapter shall create or organize a trust for 

10 each cohort described in section 404B(d)(1)(A) for 

11 which the grant is sought in the application sub12 mitted by the entity, which trust shall be an amount 

13 that is not less than the minimum scholarship 

14 amount described in subsection (d), multiplied by the 

15 number of students participating in the cohort. 

16 ‘‘(2) REQUIREMENT FOR PORTABILITY.—Funds 

17 contributed to the trust for a cohort shall be available 

18 to a student in the cohort when the student has— 

19 ‘‘(A) completed a secondary school diploma, 

20 its recognized equivalent, or other recognized al21 ternative standard for individuals with disabil22 ities; and 

23 ‘‘(B) enrolled in an institution of higher 

24 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 attend6 ance of the eligible student at an institution of 

7 higher education; and 

8 ‘‘(B) in the case of an eligible student with 

9 special needs, expenses for special needs services 

10 which are incurred in connection with such en11 rollment 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 SEC21 RETARY.—If, after meeting the requirements 

22 of paragraph (1) and, if applicable, redis23 tributing excess funds in accordance with 

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1 cess funds to the Secretary for distribution 

2 to other grantees under this chapter. 

3 ‘‘(B) NONPARTICIPATING ENTITY.—Notwith4 standing subparagraph (A), in the case of an eli5 gible entity described in section 404A(c)(1)(A) 

6 that does not receive assistance under this sub7 part for 6 fiscal years, the eligible entity shall 

8 return any trust funds not awarded or obligated 

9 to eligible students to the Secretary for distribu10 tion to other grantees under this chapter.’’; and 

11 (6) in subsection (g) (as redesignated by para12 graph (2))— 

13 (A) in paragraph (2), by striking ‘‘1993’’ 

14 and inserting ‘‘2001’’; and 

15 (B) in paragraph (4), by striking ‘‘early 

16 intervention component required under section 

17 404D’’ and inserting ‘‘activities required under 

18 section 404D(a)’’. 

19 (f) REPEAL OF 21ST CENTURY SCHOLAR CERTIFI20 CATES.—Chapter 2 of subpart 2 of part A of title IV (20 

21 U.S.C. 1070a–21 et seq.) is further amended— 

22 (1) by striking section 404F; and 

23 (2) by redesignating sections 404G and 404H as 

24 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. 1070a– 

3 28) is amended by striking ‘‘$200,000,000 for fiscal year 

4 1999’’ and all that follows through the period and inserting 

5 ‘‘such sums as may be necessary for fiscal year 2008 and 

6 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 U.S.C. 

20 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 striking 

25 ‘‘$675,000,000 for fiscal year 1999’’ and all that follows 


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1 through the period and inserting ‘‘such sums as may be nec2 essary for fiscal year 2008 and each of the 5 succeeding 

3 fiscal years.’’. 

4 (b) ALLOCATION OF FUNDS.— 

5 (1) ALLOCATION OF FUNDS.—Section 413D (20 

6 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 by 

12 striking ‘‘such institution’’ and all that follows 

13 through the period and inserting ‘‘such institution re14 ceived under subsections (a) and (b) of this section for 

15 fiscal year 1999 (as such subsections were in effect 

16 with respect to allocations for such fiscal year).’’. 

17 SEC. 407. LEVERAGING EDUCATIONAL ASSISTANCE PART18 NERSHIP PROGRAM. 

19 (a) APPROPRIATIONS AUTHORIZED.—Section 

20 415A(b)(1) (20 U.S.C. 1070c(b)(1)) is amended to read as 

21 follows: 

22 ‘‘(1) IN GENERAL.—There are authorized to be 

23 appropriated to carry out this subpart such sums as 

24 may be necessary for fiscal year 2008 and each of the 

25 5 succeeding fiscal years.’’. 


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1 (b) APPLICATIONS.—Section 415C(b) (20 U.S.C. 

2 1070c–2(b)) is amended— 

3 (1) in the matter preceding subparagraph (A) of 

4 paragraph (2), by striking ‘‘not in excess of $5,000 

5 per academic year’’ and inserting ‘‘not to exceed the 

6 lesser of $12,500 or the student’s cost of attendance 

7 per academic year’’; and 

8 (2) by striking paragraph (10) and inserting the 

9 following: 

10 ‘‘(10) provides notification to eligible students 

11 that such grants are— 

12 ‘‘(A) Leveraging Educational Assistance 

13 Partnership grants; and 

14 ‘‘(B) funded by the Federal Government, the 

15 State, and other contributing partners.’’. 

16 (c) GRANTS FOR ACCESS AND PERSISTENCE.—Section 

17 415E (20 U.S.C. 1070c–3a) is amended to read as follows: 

18 ‘‘SEC. 415E. GRANTS FOR ACCESS AND PERSISTENCE. 

19 ‘‘(a) PURPOSE.—It is the purpose of this section to ex20 pand college access and increase college persistence by mak21 ing allotments to States to enable the States to— 

22 ‘‘(1) expand and enhance partnerships with in23 stitutions of higher education, early information and 

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1 vate corporations, philanthropic organizations, and 

2 other interested parties in order to— 

3 ‘‘(A) carry out activities under this section; 

4 and 

5 ‘‘(B) provide coordination and cohesion 

6 among Federal, State, and local governmental 

7 and private efforts that provide financial assist8 ance to help low-income students attend an insti9 tution of higher education; 

10 ‘‘(2) provide need-based grants for access and 

11 persistence to eligible low-income students; 

12 ‘‘(3) provide early notification to low-income 

13 students of the students’ eligibility for financial aid; 

14 and 

15 ‘‘(4) encourage increased participation in early 

16 information and intervention, mentoring, or outreach 

17 programs. 

18 ‘‘(b) ALLOTMENTS TO STATES.— 

19 ‘‘(1) IN GENERAL.— 

20 ‘‘(A) AUTHORIZATION.—From sums re21 served under section 415A(b)(2) for each fiscal 

22 year, the Secretary shall make an allotment to 

23 each State that submits an application for an al24 lotment in accordance with subsection (c) to en25 able the State to pay the Federal share, as deVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00731 Fmt 6652 Sfmt 6203 E:\BILLS\S1642.RS S1642

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1 scribed in paragraph (2), of the cost of carrying 

2 out the activities under subsection (d). 

3 ‘‘(B) DETERMINATION OF ALLOTMENT.—In 

4 making allotments under subparagraph (A), the 

5 Secretary shall consider the following: 

6 ‘‘(i) CONTINUATION OF AWARD.—If a 

7 State continues to meet the specifications es8 tablished in such State’s application under 

9 subsection (c), the Secretary shall make an 

10 allotment to such State that is not less than 

11 the allotment made to such State for the 

12 previous fiscal year. 

13 ‘‘(ii) PRIORITY.—The Secretary shall 

14 give priority in making allotments to States 

15 that meet the requirements described in 

16 paragraph (2)(A)(ii). 

17 ‘‘(2) FEDERAL SHARE.— 

18 ‘‘(A) IN GENERAL.—The Federal share 

19 under this section shall be determined in accord20 ance with the following: 

21 ‘‘(i) If a State applies for an allotment 

22 under this section in partnership with— 

23 ‘‘(I) any number of degree grant24 ing institutions of higher education in 

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1 rollment represents less than a major2 ity of all students attending institu3 tions of higher education in the State; 

4 and 

5 ‘‘(II)(aa) philanthropic organiza6 tions that are located in, or that pro7 vide funding in, the State; or 

8 ‘‘(bb) private corporations that 

9 are located in, or that do business in, 

10 the State, 

11 then the Federal share of the cost of car12 rying out the activities under subsection (d) 

13 shall be equal to 50 percent. 

14 ‘‘(ii) If a State applies for an allot15 ment under this section in partnership 

16 with— 

17 ‘‘(I) any number of degree grant18 ing institutions of higher education in 

19 the State whose combined full-time en20 rollment represents a majority of all 

21 students attending institutions of high22 er education in the State; and 

23 ‘‘(II)(aa) philanthropic organiza24 tions that are located in, or that pro25 vide funding in, the State; or 


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1 ‘‘(bb) private corporations that 

2 are located in, or that do business in, 

3 the State, 

4 then the Federal share of the cost of car5 rying out the activities under subsection (d) 

6 shall be equal to 57 percent. 

7 ‘‘(B) NON-FEDERAL SHARE.— 

8 ‘‘(i) IN GENERAL.—The non-Federal 

9 share under this section may be provided in 

10 cash or in kind, fully evaluated and in ac11 cordance with this subparagraph. 

12 ‘‘(ii) IN KIND CONTRIBUTION.—For the 

13 purpose of calculating the non-Federal share 

14 under this section, an in kind contribution 

15 is a non-cash award that has monetary 

16 value, such as provision of room and board 

17 and transportation passes, and that helps a 

18 student meet the cost of attendance. 

19 ‘‘(iii) EFFECT ON NEED ANALYSIS.— 

20 For the purpose of calculating a student’s 

21 need in accordance with part F of this title, 

22 an in-kind contribution described in clause 

23 (ii) shall not be considered an asset or in24 come. 

25 ‘‘(c) APPLICATION FOR ALLOTMENT.— 


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1 ‘‘(1) IN GENERAL.— 

2 ‘‘(A) SUBMISSION.—A State that desires to 

3 receive an allotment under this section on behalf 

4 of a partnership described in paragraph (3) shall 

5 submit an application to the Secretary at such 

6 time, in such manner, and containing such in7 formation as the Secretary may require. 

8 ‘‘(B) CONTENT.—An application submitted 

9 under subparagraph (A) shall include the fol10 lowing: 

11 ‘‘(i) A description of the State’s plan 

12 for using the allotted funds. 

13 ‘‘(ii) Assurances that the State will 

14 provide the non-Federal share from State, 

15 institutional, philanthropic, or private 

16 funds, of not less than the required share of 

17 the cost of carrying out the activities under 

18 subsection (d), as determined under sub19 section (b), in accordance with the fol20 lowing: 

21 ‘‘(I) The State shall specify the 

22 methods by which non-Federal share 

23 funds will be paid, and include provi24 sions designed to ensure that funds 

25 provided under this section will be 


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1 used to supplement, and not supplant, 

2 Federal and non-Federal funds avail3 able for carrying out the activities 

4 under this title. 

5 ‘‘(II) A State that uses non-Fed6 eral funds to create or expand existing 

7 partnerships with nonprofit organiza8 tions or community-based organiza9 tions in which such organizations 

10 match State funds for student scholar11 ships, may apply such matching funds 

12 from such organizations toward ful13 filling the State’s non-Federal share 

14 obligation under this clause. 

15 ‘‘(iii) Assurances that early informa16 tion and intervention, mentoring, or out17 reach programs exist within the State or 

18 that there is a plan to make such programs 

19 widely available. 

20 ‘‘(iv) A description of the organiza21 tional structure that the State has in place 

22 to administer the activities under subsection 

23 (d), including a description of the system 

24 the State will use to track the participation 


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1 of students who receive grants under this 

2 section to degree completion. 

3 ‘‘(v) Assurances that the State has a 

4 method in place, such as acceptance of the 

5 automatic zero expected family contribution 

6 determination described in section 479, to 

7 identify eligible low-income students and 

8 award State grant aid to such students. 

9 ‘‘(vi) Assurances that the State will 

10 provide notification to eligible low-income 

11 students that grants under this section 

12 are— 

13 ‘‘(I) Leveraging Educational As14 sistance Partnership Grants; and 

15 ‘‘(II) funded by the Federal Gov16 ernment, the State, and other contrib17 uting partners. 

18 ‘‘(2) STATE AGENCY.—The State agency that 

19 submits an application for a State under section 

20 415C(a) shall be the same State agency that submits 

21 an application under paragraph (1) for such State. 

22 ‘‘(3) PARTNERSHIP.—In applying for an allot23 ment under this section, the State agency shall apply 

24 for the allotment in partnership with— 


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1 ‘‘(A) not less than 1 public and 1 private 

2 degree granting institution of higher education 

3 that are located in the State, if applicable; 

4 ‘‘(B) new or existing early information and 

5 intervention, mentoring, or outreach programs 

6 located in the State; and 

7 ‘‘(C) not less than 1— 

8 ‘‘(i) philanthropic organization located 

9 in, or that provides funding in, the State; 

10 or 

11 ‘‘(ii) private corporation located in, or 

12 that does business in, the State. 

13 ‘‘(4) ROLES OF PARTNERS.— 

14 ‘‘(A) STATE AGENCY.—A State agency that 

15 is in a partnership receiving an allotment under 

16 this section— 

17 ‘‘(i) shall— 

18 ‘‘(I) serve as the primary admin19 istrative unit for the partnership; 

20 ‘‘(II) provide or coordinate non21 Federal share funds, and coordinate 

22 activities among partners; 

23 ‘‘(III) encourage each institution 

24 of higher education in the State to par25 ticipate in the partnership; 


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1 ‘‘(IV) make determinations and 

2 early notifications of assistance as de3 scribed under subsection (d)(2); and 

4 ‘‘(V) annually report to the Sec5 retary on the partnership’s progress in 

6 meeting the purpose of this section; 

7 and 

8 ‘‘(ii) may provide early information 

9 and intervention, mentoring, or outreach 

10 programs. 

11 ‘‘(B) DEGREE GRANTING INSTITUTIONS OF

12 HIGHER EDUCATION.—A degree granting institu13 tion of higher education that is in a partnership 

14 receiving an allotment under this section— 

15 ‘‘(i) shall— 

16 ‘‘(I) recruit and admit partici17 pating qualified students and provide 

18 such additional institutional grant aid 

19 to participating students as agreed to 

20 with the State agency; 

21 ‘‘(II) provide support services to 

22 students who receive grants for access 

23 and persistence under this section and 

24 are enrolled at such institution; and 


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1 ‘‘(III) assist the State in the iden2 tification of eligible students and the 

3 dissemination of early notifications of 

4 assistance as agreed to with the State 

5 agency; and 

6 ‘‘(ii) may provide funding for early in7 formation and intervention, mentoring, or 

8 outreach programs or provide such services 

9 directly. 

10 ‘‘(C) PROGRAMS.—An early information 

11 and intervention, mentoring, or outreach pro12 gram that is in a partnership receiving an allot13 ment under this section shall provide direct serv14 ices, support, and information to participating 

15 students. 

16 ‘‘(D) PHILANTHROPIC ORGANIZATION OR

17 PRIVATE CORPORATION.—A philanthropic orga18 nization or private corporation that is in a 

19 partnership receiving an allotment under this 

20 section shall provide funds for grants for access 

21 and persistence for participating students, or 

22 provide funds or support for early information 

23 and intervention, mentoring, or outreach pro24 grams. 

25 ‘‘(d) AUTHORIZED ACTIVITIES.— 


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1 ‘‘(1) IN GENERAL.— 

2 ‘‘(A) ESTABLISHMENT OF PARTNERSHIP.— 

3 Each State receiving an allotment under this 

4 section shall use the funds to establish a partner5 ship to award grants for access and persistence 

6 to eligible low-income students in order to in7 crease the amount of financial assistance such 

8 students receive under this subpart for under9 graduate education expenses. 

10 ‘‘(B) AMOUNT OF GRANTS.— 

11 ‘‘(i) PARTNERSHIPS WITH INSTITU12 TIONS SERVING LESS THAN A MAJORITY OF

13 STUDENTS IN THE STATE.— 

14 ‘‘(I) IN GENERAL.—In the case 

15 where a State receiving an allotment 

16 under this section is in a partnership 

17 described in subsection (b)(2)(A)(i), the 

18 amount of a grant for access and per19 sistence awarded to a student by such 

20 State shall be not less than the amount 

21 that is equal to the average under22 graduate tuition and mandatory fees 

23 at 4-year public institutions of higher 

24 education in the State where the stu25 dent resides (less any amounts of other 


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1 Federal or State sponsored grants, 

2 work study, and scholarships received 

3 by the student), and such grant for ac4 cess and persistence shall be used to5 ward the cost of attendance at an in6 stitution of higher education located in 

7 the State. 

8 ‘‘(II) COST OF ATTENDANCE.—A 

9 State that has a program, apart from 

10 the partnership under this section, of 

11 providing eligible low-income students 

12 with grants that are equal to the aver13 age undergraduate tuition and manda14 tory fees at 4-year public institutions 

15 of higher education in the State, may 

16 increase the amount of grants for ac17 cess and persistence awarded to stu18 dents by such State up to an amount 

19 that is equal to the average cost of at20 tendance at 4-year public institutions 

21 of higher education in the State (less 

22 any amounts of other Federal or State 

23 sponsored grants, work study, and 

24 scholarships received by the student). 


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1 ‘‘(ii) PARTNERSHIPS WITH INSTITU2 TIONS SERVING THE MAJORITY OF STU3 DENTS IN THE STATE.—In the case where a 

4 State receiving an allotment under this sec5 tion is in a partnership described in sub6 section (b)(2)(A)(ii), the amount of a grant 

7 for access and persistence awarded to a stu8 dent by such State shall be not more than 

9 an amount that is equal to the average cost 

10 of attendance at 4-year public institutions 

11 of higher education in the State where the 

12 student resides (less any amounts of other 

13 Federal or State sponsored grants, work 

14 study, and scholarships received by the stu15 dent), and such grant for access and persist16 ence shall be used by the student to attend 

17 an institution of higher education located in 

18 the State. 

19 ‘‘(C) SPECIAL RULES.— 

20 ‘‘(i) PARTNERSHIP INSTITUTIONS.—A 

21 State receiving an allotment under this sec22 tion may restrict the use of grants for access 

23 and persistence under this section by 

24 awarding the grants only to students atVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00743 Fmt 6652 Sfmt 6203 E:\BILLS\S1642.RS S1642

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1 tending institutions of higher education that 

2 are participating in the partnership. 

3 ‘‘(ii) OUT-OF-STATE INSTITUTIONS.—If 

4 a State provides grants through another 

5 program under this subpart to students at6 tending institutions of higher education lo7 cated in another State, such agreement may 

8 also apply to grants awarded under this 

9 section. 

10 ‘‘(2) EARLY NOTIFICATION.— 

11 ‘‘(A) IN GENERAL.—Each State receiving 

12 an allotment under this section shall annually 

13 notify low-income students, such as students who 

14 are eligible to receive a free lunch under the 

15 school lunch program established under the Rich16 ard B. Russell National School Lunch Act, in 

17 grade 7 through grade 12 in the State, of the stu18 dents’ potential eligibility for student financial 

19 assistance, including a grant for access and per20 sistence, to attend an institution of higher edu21 cation. 

22 ‘‘(B) CONTENT OF NOTICE.—The notifica23 tion under subparagraph (A)— 

24 ‘‘(i) shall include— 


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1 ‘‘(I) information about early in2 formation and intervention, mentoring, 

3 or outreach programs available to the 

4 student; 

5 ‘‘(II) information that a student’s 

6 eligibility for a grant for access and 

7 persistence is enhanced through par8 ticipation in an early information and 

9 intervention, mentoring, or outreach 

10 program; 

11 ‘‘(III) an explanation that student 

12 and family eligibility for, and partici13 pation in, other Federal means-tested 

14 programs may indicate eligibility for a 

15 grant for access and persistence and 

16 other student aid programs; 

17 ‘‘(IV) a nonbinding estimate of 

18 the total amount of financial aid that 

19 a low-income student with a similar 

20 income level may expect to receive, in21 cluding an estimate of the amount of a 

22 grant for access and persistence and an 

23 estimate of the amount of grants, 

24 loans, and all other available types of 


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1 aid from the major Federal and State 

2 financial aid programs; 

3 ‘‘(V) an explanation that in order 

4 to be eligible for a grant for access and 

5 persistence, at a minimum, a student 

6 shall— 

7 ‘‘(aa) meet the requirement 

8 under paragraph (3); 

9 ‘‘(bb) graduate from sec10 ondary school; and 

11 ‘‘(cc) enroll at an institution 

12 of higher education that is a part13 ner in the partnership or qualifies 

14 under subsection (d)(1)(C)(ii); 

15 ‘‘(VI) information on any addi16 tional requirements (such as a student 

17 pledge detailing student responsibil18 ities) that the State may impose for re19 ceipt of a grant for access and persist20 ence under this section; and 

21 ‘‘(VII) instructions on how to 

22 apply for a grant for access and per23 sistence and an explanation that a stu24 dent is required to file a Free Applica25 tion for Federal Student Aid authorVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00746 Fmt 6652 Sfmt 6203 E:\BILLS\S1642.RS S1642

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1 ized under section 483(a) to be eligible 

2 for such grant and assistance from 

3 other Federal and State financial aid 

4 programs; and 

5 ‘‘(ii) may include a disclaimer that 

6 grant awards for access and persistence are 

7 contingent upon— 

8 ‘‘(I) a determination of the stu9 dent’s financial eligibility at the time 

10 of the student’s enrollment at an insti11 tution of higher education that is a 

12 partner in the partnership or qualifies 

13 under subsection (d)(1)(C)(ii); 

14 ‘‘(II) annual Federal and State 

15 appropriations; and 

16 ‘‘(III) other aid received by the 

17 student at the time of the student’s en18 rollment at such institution of higher 

19 education. 

20 ‘‘(3) ELIGIBILITY.—In determining which stu21 dents are eligible to receive grants for access and per22 sistence, the State shall ensure that each such student 

23 meets not less than 1 of the following: 


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1 ‘‘(A) Meets not less than 2 of the following 

2 criteria, with priority given to students meeting 

3 all of the following criteria: 

4 ‘‘(i) Has an expected family contribu5 tion equal to zero (as described in section 

6 479) or a comparable alternative based 

7 upon the State’s approved criteria in sec8 tion 415C(b)(4). 

9 ‘‘(ii) Has qualified for a free lunch, or 

10 at the State’s discretion a reduced price 

11 lunch, under the school lunch program es12 tablished under the Richard B. Russell Na13 tional School Lunch Act. 

14 ‘‘(iii) Qualifies for the State’s max15 imum undergraduate award, as authorized 

16 under section 415C(b). 

17 ‘‘(iv) Is participating in, or has par18 ticipated in, a Federal, State, institutional, 

19 or community early information and inter20 vention, mentoring, or outreach program, as 

21 recognized by the State agency admin22 istering activities under this section. 

23 ‘‘(B) Is receiving, or has received, a grant 

24 for access and persistence under this section, in 

25 accordance with paragraph (5). 


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1 ‘‘(4) GRANT AWARD.—Once a student, including 

2 those students who have received early notification 

3 under paragraph (2) from the State, applies for ad4 mission to an institution that is a partner in the 

5 partnership, files a Free Application for Federal Stu6 dent Aid and any related existing State form, and is 

7 determined eligible by the State under paragraph (3), 

8 the State shall— 

9 ‘‘(A) issue the student a preliminary award 

10 certificate for a grant for access and persistence 

11 with tentative award amounts; and 

12 ‘‘(B) inform the student that payment of the 

13 grant for access and persistence award amounts 

14 is subject to certification of enrollment and 

15 award eligibility by the institution of higher 

16 education. 

17 ‘‘(5) DURATION OF AWARD.—An eligible student 

18 that receives a grant for access and persistence under 

19 this section shall receive such grant award for each 

20 year of such student’s undergraduate education in 

21 which the student remains eligible for assistance 

22 under this title, including pursuant to section 484(c), 

23 and remains financially eligible as determined by the 

24 State, except that the State may impose reasonable 

25 time limits to degree completion. 


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1 ‘‘(e) USE OF FUNDS FOR ADMINISTRATIVE COSTS

2 PROHIBITED.—A State that receives an allotment under 

3 this section shall not use any of the allotted funds to pay 

4 administrative costs associated with any of the authorized 

5 activities described in subsection (d). 

6 ‘‘(f) STATUTORY AND REGULATORY RELIEF FOR INSTI7 TUTIONS OF HIGHER EDUCATION.—The Secretary may 

8 grant, upon the request of an institution of higher education 

9 that is in a partnership described in subsection 

10 (b)(2)(A)(ii) and that receives an allotment under this sec11 tion, a waiver for such institution from statutory or regu12 latory requirements that inhibit the ability of the institu13 tion to successfully and efficiently participate in the activi14 ties of the partnership. 

15 ‘‘(g) APPLICABILITY RULE.—The provisions of this 

16 subpart which are not inconsistent with this section shall 

17 apply to the program authorized by this section. 

18 ‘‘(h) MAINTENANCE OF EFFORT REQUIREMENT.— 

19 Each State receiving an allotment under this section for 

20 a fiscal year shall provide the Secretary with an assurance 

21 that the aggregate amount expended per student or the ag22 gregate expenditures by the State, from funds derived from 

23 non-Federal sources, for the authorized activities described 

24 in subsection (d) for the preceding fiscal year were not less 

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1 penditure by the State for the activities for the second pre2 ceding fiscal year. 

3 ‘‘(i) SPECIAL RULE.—Notwithstanding subsection (h), 

4 for purposes of determining a State’s share of the cost of 

5 the authorized activities described in subsection (d), the 

6 State shall consider only those expenditures from non-Fed7 eral sources that exceed the State’s total expenditures for 

8 need-based grants, scholarships, and work-study assistance 

9 for fiscal year 1999 (including any such assistance provided 

10 under this subpart). 

11 ‘‘(j) CONTINUATION AND TRANSITION.—For the 2-year 

12 period that begins on the date of enactment of the Higher 

13 Education Amendments of 2007, the Secretary shall con14 tinue to award grants under section 415E of the Higher 

15 Education Act of 1965 as such section existed on the day 

16 before the date of enactment of such Act to States that choose 

17 to apply for grants under such predecessor section. 

18 ‘‘(k) REPORTS.—Not later than 3 years after the date 

19 of enactment of the Higher Education Amendments of 2007 

20 and annually thereafter, the Secretary shall submit a report 

21 describing the activities and the impact of the partnerships 

22 under this section to the authorizing committees.’’. 


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1 SEC. 408. SPECIAL PROGRAMS FOR STUDENTS WHOSE FAMI2 LIES ARE ENGAGED IN MIGRANT AND SEA3 SONAL FARMWORK. 

4 Section 418A (20 U.S.C. 1070d–2) is amended— 

5 (1) in subsection (b)— 

6 (A) in paragraph (1)(B)(i), by striking 

7 ‘‘parents’’ and inserting ‘‘immediate family’’; 

8 (B) in paragraph (3)(B), by inserting ‘‘(in9 cluding preparation for college entrance exami10 nations)’’ after ‘‘college program’’; 

11 (C) in paragraph (5), by striking ‘‘weekly’’; 

12 (D) in paragraph (7), by striking ‘‘and’’ 

13 after the semicolon; 

14 (E) in paragraph (8)— 

15 (i) by inserting ‘‘(such as transpor16 tation and child care)’’ after ‘‘services’’; and 

17 (ii) by striking the period at the end 

18 and inserting ‘‘; and’’; and 

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

20 ‘‘(9) other activities to improve persistence and 

21 retention in postsecondary education.’’; 

22 (2) in subsection (c)— 

23 (A) in paragraph (1)— 

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

25 ‘‘parents’’ and inserting ‘‘immediate fam26 ily’’; and 


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1 (ii) in subparagraph (B)— 

2 (I) in the matter preceding clause 

3 (i), by inserting ‘‘to improve place4 ment, persistence, and retention in 

5 postsecondary education,’’ after ‘‘serv6 ices’’; and 

7 (II) in clause (i), by striking 

8 ‘‘and career’’ and inserting ‘‘career, 

9 and economic education or personal fi10 nance’’; 

11 (iii) in subparagraph (E), by striking 

12 ‘‘and’’ after the semicolon; 

13 (iv) by redesignating subparagraph (F) 

14 as subparagraph (G); 

15 (v) by inserting after subparagraph 

16 (E) the following: 

17 ‘‘(F) internships; and’’; and 

18 (vi) in subparagraph (G) (as redesig19 nated by clause (iv)), by striking ‘‘support 

20 services’’ and inserting ‘‘essential supportive 

21 services (such as transportation and child 

22 care)’’ ; and 

23 (B) in paragraph (2)— 

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

25 ‘‘and’’ after the semicolon; 


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

2 the period at the end and inserting ‘‘, and 

3 coordinating such services, assistance, and 

4 aid with other non-program services, assist5 ance, and aid, including services, assist6 ance, and aid provided by community-based 

7 organizations, which may include men8 toring and guidance; and’’; and 

9 (iii) by adding at the end the fol10 lowing: 

11 ‘‘(C) for students attending 2-year institutions of 

12 higher education, encouraging the students to transfer 

13 to 4-year institutions of higher education, where ap14 propriate, and monitoring the rate of transfer of such 

15 students.’’; 

16 (3) in subsection (e), by striking ‘‘section 

17 402A(c)(1)’’ and inserting ‘‘section 402A(c)(2)’’; 

18 (4) in subsection (f)— 

19 (A) in paragraph (1), by striking 

20 ‘‘$150,000’’ and inserting ‘‘$180,000’’; and 

21 (B) in paragraph (2), by striking 

22 ‘‘$150,000’’ and inserting ‘‘$180,000’’; 

23 (5) by redesignating subsections (g) and (h) as 

24 subsections (h) and (i), respectively; 

25 (6) by inserting after subsection (f) the following: 


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1 ‘‘(g) RESERVATION OF FUNDS.—From the amounts 

2 made available under subsection (i), the Secretary may reserve not more than a total of 1 3 ⁄2 of 1 percent for outreach 

4 activities, technical assistance, and professional develop5 ment programs relating to the programs under subsection 

6 (a).’’; 

7 (7) by striking subsection (h) (as redesignated by 

8 paragraph (5)) and inserting the following: 

9 ‘‘(h) DATA COLLECTION.—The Commissioner for Edu10 cation Statistics shall— 

11 ‘‘(1) annually collect data on persons receiving 

12 services authorized under this subpart regarding such 

13 persons’ rates of secondary school graduation, en14 trance into postsecondary education, and completion 

15 of postsecondary education; 

16 ‘‘(2) not less often than once every 2 years, pre17 pare and submit a report based on the most recently 

18 available data under paragraph (1) to the author19 izing committees; and 

20 ‘‘(3) make such report available to the public.’’; 

21 and 

22 (8) in subsection (i) (as redesignated by para23 graph (5))— 

24 (A) in paragraph (1), by striking 

25 ‘‘$15,000,000 for fiscal year 1999’’ and all that 


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1 follows through the period and inserting ‘‘such 

2 sums as may be necessary for fiscal year 2008 

3 and each of the 5 succeeding fiscal years.’’; and 

4 (B) in paragraph (2), by striking 

5 ‘‘$5,000,000 for fiscal year 1999’’ and all that 

6 follows through the period and inserting ‘‘such 

7 sums as may be necessary for fiscal year 2008 

8 and each of the 5 succeeding fiscal years.’’. 

9 SEC. 409. ROBERT C. BYRD HONORS SCHOLARSHIP PRO10 GRAM. 

11 (a) ELIGIBILITY OF SCHOLARS.—Section 419F(a) (20 

12 U.S.C. 1070d–36(a)) is amended by inserting ‘‘(or a home 

13 school, whether treated as a home school or a private school 

14 under State law)’’ after ‘‘public or private secondary 

15 school’’. 

16 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

17 419K (20 U.S.C. 1070d–41) is amended by striking 

18 ‘‘$45,000,000 for fiscal year 1999’’ and all that follows 

19 through the period and inserting ‘‘such sums as may be nec20 essary for fiscal year 2008 and each of the 5 succeeding 

21 fiscal years.’’. 

22 SEC. 410. CHILD CARE ACCESS MEANS PARENTS IN 

23 SCHOOL. 

24 (a) MINIMUM GRANT.—Section 419N(b)(2)(B) (20 

25 U.S.C. 1070e(b)(2)(B)) is amended— 


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1 (1) by striking ‘‘A grant’’ and inserting the fol2 lowing: 

3 ‘‘(i) IN GENERAL.—Except as provided 

4 in clause (ii), a grant’’; and 

5 (2) by adding at the end the following: 

6 ‘‘(ii) INCREASE TRIGGER.—For any 

7 fiscal year for which the amount appro8 priated under the authority of subsection 

9 (g) is equal to or greater than $20,000,000, 

10 a grant under this section shall be awarded 

11 in an amount that is not less than 

12 $30,000.’’. 

13 (b) DEFINITION OF LOW-INCOME STUDENT.—Para14 graph (7) of section 419N(b) (20 U.S.C. 1070e(b)) is amend15 ed to read as follows: 

16 ‘‘(7) DEFINITION OF LOW-INCOME STUDENT.— 

17 For the purpose of this section, the term ‘low-income 

18 student’ means a student who— 

19 ‘‘(A) is eligible to receive a Federal Pell 

20 Grant for the award year for which the deter21 mination is made; or 

22 ‘‘(B) would otherwise be eligible to receive a 

23 Federal Pell Grant for the award year for which 

24 the determination is made, except that the stu25 dent fails to meet the requirements of— 


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1 ‘‘(i) section 401(c)(1) because the stu2 dent is enrolled in a graduate or first pro3 fessional course of study; or 

4 ‘‘(ii) section 484(a)(5) because the stu5 dent is in the United States for a tem6 porary purpose.’’. 

7 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

8 419N(g) (20 U.S.C. 1070e(g)) is amended by striking 

9 ‘‘$45,000,000 for fiscal year 1999’’ and all that follows 

10 through the period and inserting ‘‘such sums as may be nec11 essary for fiscal year 2008 and each of the 5 succeeding 

12 fiscal years.’’. 

13 SEC. 411. LEARNING ANYTIME ANYWHERE PARTNERSHIPS. 

14 Subpart 8 of part A of title IV (20 U.S.C. 1070f et 

15 seq.) is repealed. 

16 PART B—FEDERAL FAMILY EDUCATION LOAN 

17 PROGRAM 

18 SEC. 421. FEDERAL PAYMENTS TO REDUCE STUDENT IN19 TEREST COSTS. 

20 Section 428 (as amended by this Act) (20 U.S.C. 1078) 

21 is further amended— 

22 (1) in subsection (b)— 

23 (A) in paragraph (1)— 

24 (i) in subparagraph (X), by striking 

25 ‘‘and’’ after the semicolon; 


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1 (ii) in subparagraph (Y)— 

2 (I) by striking clause (i) and in3 serting the following: 

4 ‘‘(i) the lender shall determine the eli5 gibility of a borrower for a deferment de6 scribed in subparagraph (M)(i) based on— 

7 ‘‘(I) receipt of a request for 

8 deferment from the borrower and docu9 mentation of the borrower’s eligibility 

10 for the deferment; 

11 ‘‘(II) receipt of a newly completed 

12 loan application that documents the 

13 borrower’s eligibility for a deferment; 

14 ‘‘(III) receipt of student status in15 formation received by the lender that 

16 the borrower is enrolled on at least a 

17 half-time basis; or 

18 ‘‘(IV) the lender’s confirmation of 

19 the borrower’s half-time enrollment sta20 tus through use of the National Stu21 dent Loan Data System, if the con22 firmation is requested by the institu23 tion of higher education.’’; and 


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1 (II) in clause (ii), by striking the 

2 period at the end and inserting ‘‘; 

3 and’’; and 

4 (iii) by adding at the end the fol5 lowing: 

6 ‘‘(Z) provides that the lender shall, at the 

7 time the lender grants a deferment to a borrower 

8 who received a loan under section 428H and is 

9 eligible for a deferment under section 

10 428(b)(1)(M), provide information to the bor11 rower to enable the borrower to understand the 

12 impact of capitalization of interest on the bor13 rower’s loan principal and total amount of in14 terest to be paid during the life of the loan.’’; 

15 (B) in paragraph (2)(F)— 

16 (i) in clause (i)— 

17 (I) in subclause (III), by striking 

18 ‘‘and’’ after the semicolon; 

19 (II) in subclause (IV), by striking 

20 ‘‘and’’ after the semicolon; and 

21 (III) by adding at the end the fol22 lowing: 

23 ‘‘(V) the effective date of the trans24 fer; 


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1 ‘‘(VI) the date the current servicer 

2 will stop accepting payments; and 

3 ‘‘(VII) the date at which the new 

4 servicer will begin accepting pay5 ments.’’; and 

6 (C) by striking paragraph (3) and inserting 

7 the following: 

8 ‘‘(3) RESTRICTIONS ON INDUCEMENTS, PAY9 MENTS, MAILINGS, AND ADVERTISING.—A guaranty 

10 agency shall not— 

11 ‘‘(A) offer, directly or indirectly, premiums, 

12 payments, stock or other securities, prizes, travel, 

13 entertainment expenses, tuition repayment, or 

14 other inducements to— 

15 ‘‘(i) any institution of higher edu16 cation or the employees of an institution of 

17 higher education in order to secure appli18 cants for loans made under this part; or 

19 ‘‘(ii) any lender, or any agent, em20 ployee, or independent contractor of any 

21 lender or guaranty agency, in order to ad22 minister or market loans made under this 

23 part (other than a loan made under section 

24 428H or a loan made as part of the guar25 anty agency’s lender-of-last-resort program 


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1 pursuant to section 439(q)) for the purpose 

2 of securing the designation of the guaranty 

3 agency as the insurer of such loans; 

4 ‘‘(B) conduct unsolicited mailings, by postal 

5 or electronic means, of educational loan applica6 tion forms to students enrolled in secondary 

7 school or postsecondary educational institutions, 

8 or to the parents of such students, except that ap9 plications may be mailed, by postal or electronic 

10 means, to students or borrowers who have pre11 viously received loans guaranteed under this 

12 part by the guaranty agency; 

13 ‘‘(C) perform, for an institution of higher 

14 education participating in a program under this 

15 title, any function that the institution is re16 quired to perform under part B, D, or G; 

17 ‘‘(D) pay, on behalf of the institution of 

18 higher education, another person to perform any 

19 function that the institution of higher education 

20 is required to perform under part B, D, or G; or 

21 ‘‘(E) conduct fraudulent or misleading ad22 vertising concerning loan availability, terms, or 

23 conditions. 

24 It shall not be a violation of this paragraph for a 

25 guaranty agency to provide technical assistance to inVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00762 Fmt 6652 Sfmt 6203 E:\BILLS\S1642.RS S1642

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1 stitutions of higher education comparable to the tech2 nical assistance provided to institutions of higher 

3 education by the Department.’’; and 

4 (2) in subsection (c)— 

5 (A) in paragraph (2)(H)(i), by striking 

6 ‘‘preclaims’’ and inserting ‘‘default aversion’’; 

7 and 

8 (B) in paragraph (3)(D)— 

9 (i) in clause (i), by striking ‘‘and’’ 

10 after the comma at the end; 

11 (ii) in clause (ii), by striking the pe12 riod and inserting a semicolon; and 

13 (iii) by inserting after clause (ii) the 

14 following: 

15 ‘‘(iii) the lender shall, at the time of 

16 granting a borrower forbearance, provide 

17 information to the borrower to enable the 

18 borrower to understand the impact of cap19 italization of interest on the borrower’s loan 

20 principal and total amount of interest to be 

21 paid during the life of the loan; and 

22 ‘‘(iv) the lender shall contact the bor23 rower not less often than once every 180 

24 days during the period of forbearance to in25 form the borrower of— 


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1 ‘‘(I) the amount of unpaid prin2 cipal and the amount of interest that 

3 has accrued since the last statement of 

4 such amounts provided to the borrower 

5 by the lender; 

6 ‘‘(II) the fact that interest will ac7 crue on the loan for the period of for8 bearance; 

9 ‘‘(III) the amount of interest that 

10 will be capitalized, and the date on 

11 which capitalization will occur; 

12 ‘‘(IV) the ability of the borrower 

13 to pay the interest that has accrued be14 fore the interest is capitalized; and 

15 ‘‘(V) the borrower’s option to dis16 continue the forbearance at any time.’’. 

17 SEC. 422. FEDERAL CONSOLIDATION LOANS. 

18 (a) AMENDMENTS.—Section 428C(b)(1) (20 U.S.C. 

19 1078–3(b)(1)) is amended— 

20 (1) in subparagraph (E), by striking ‘‘and’’ after 

21 the semicolon; 

22 (2) by redesignating subparagraph (F) as sub23 paragraph (H); and 

24 (3) by inserting after subparagraph (E) the fol25 lowing: 


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1 ‘‘(F) that the lender will disclose, in a clear 

2 and conspicuous manner, to borrowers who con3 solidate loans made under part E of this title— 

4 ‘‘(i) that once the borrower adds the 

5 borrower’s Federal Perkins Loan to a Fed6 eral Consolidation Loan, the borrower will 

7 lose all interest-free periods that would have 

8 been available, such as those periods when 

9 no interest accrues on the Federal Perkins 

10 Loan while the borrower is enrolled in 

11 school at least half-time, during the grace 

12 period, and during periods when the bor13 rower’s student loan repayments are de14 ferred; 

15 ‘‘(ii) that the borrower will no longer 

16 be eligible for loan cancellation of Federal 

17 Perkins Loans under any provision of sec18 tion 465; and 

19 ‘‘(iii) the occupations described in sec20 tion 465(a)(2), individually and in detail, 

21 for which the borrower will lose eligibility 

22 for Federal Perkins Loan cancellation; and 

23 ‘‘(G) that the lender shall, upon application 

24 for a consolidation loan, provide the borrower 


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1 with information about the possible impact of 

2 loan consolidation, including— 

3 ‘‘(i) the total interest to be paid and 

4 fees to be paid on the consolidation loan, 

5 and the length of repayment for the loan; 

6 ‘‘(ii) whether consolidation would re7 sult in a loss of loan benefits under this 

8 part or part D, including loan forgiveness, 

9 cancellation, and deferment; 

10 ‘‘(iii) in the case of a borrower that 

11 plans to include a Federal Perkins Loan 

12 under part E in the consolidation loan, that 

13 once the borrower adds the borrower’s Fed14 eral Perkins Loan to a consolidation loan— 

15 ‘‘(I) the borrower will lose all in16 terest–free periods that would have 

17 been available for such loan under part 

18 E, such as the periods during which no 

19 interest accrues on the Federal Perkins 

20 Loan while the borrower is enrolled in 

21 school at least half-time, the grace pe22 riod, and the periods during which the 

23 borrower’s student loan repayments are 

24 deferred under section 464(c)(2); and 


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1 ‘‘(II) the borrower will no longer 

2 be eligible for cancellation of part or 

3 all of a Federal Perkins loan under 

4 section 465(a); 

5 ‘‘(iv) the ability of the borrower to pre6 pay the consolidation loan, pay such loan 

7 on a shorter schedule, and to change repay8 ment plans; 

9 ‘‘(v) that borrower benefit programs for 

10 a consolidation loan may vary among dif11 ferent lenders; 

12 ‘‘(vi) the consequences of default on the 

13 consolidation loan; and 

14 ‘‘(vii) that by applying for a consoli15 dation loan, the borrower is not obligated to 

16 agree to take the consolidation loan; and’’. 

17 (b) CONFORMING AMENDMENT.—Section 455(g) (20 

18 U.S.C. 1087e(g)) is amended by striking ‘‘428C(b)(1)(F)’’ 

19 and inserting ‘‘428C(b)(1)(H)’’. 

20 SEC. 423. DEFAULT REDUCTION PROGRAM. 

21 Section 428F (20 U.S.C. 1078–6) is amended by add22 ing at the end the following: 

23 ‘‘(c) FINANCIAL AND ECONOMIC LITERACY.—Where 

24 appropriate as determined by the institution of higher edu25 cation in which a borrower is enrolled, each program deVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00767 Fmt 6652 Sfmt 6203 E:\BILLS\S1642.RS S1642

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1 scribed in subsection (b) shall include making available fi2 nancial and economic education materials for the borrower, 

3 including making the materials available before, during, or 

4 after rehabilitation of a loan.’’. 

5 SEC. 424. REPORTS TO CONSUMER REPORTING AGENCIES 

6 AND INSTITUTIONS OF HIGHER EDUCATION. 

7 Section 430A (20 U.S.C. 1080a) is amended— 

8 (1) in the section heading, by striking ‘‘CREDIT

9 BUREAUS’’ and inserting ‘‘CONSUMER REPORT10 ING AGENCIES’’; and 

11 (2) in subsection (a)— 

12 (A) in the first sentence, by striking ‘‘with 

13 credit bureau organizations’’ and inserting 

14 ‘‘with each consumer reporting agency that com15 piles and maintains files on consumers on a na16 tionwide basis (as defined in section 603(p) of 

17 the Fair Credit Reporting Act (15 U.S.C. 

18 1681a(p))’’; 

19 (B) by redesignating paragraphs (1), (2), 

20 and (3) as paragraphs (2), (4), and (5), respec21 tively; 

22 (C) by inserting before paragraph (2) (as 

23 redesignated by subparagraph (B)), the fol24 lowing: 


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1 ‘‘(1) the type of loan made, insured, or guaran2 teed under this title;’’; 

3 (D) by inserting after paragraph (2) (as re4 designated by subparagraph (B)), the following: 

5 ‘‘(3) information concerning the repayment sta6 tus of the loan, which information shall be included 

7 in the file of the borrower, except that nothing in this 

8 subsection shall be construed to affect any otherwise 

9 applicable provision of the Fair Credit Reporting Act 

10 (15 U.S.C. 1681 et seq.)’’; 

11 (E) in paragraph (4) (as redesignated by 

12 subparagraph (B)), by striking ‘‘and’’ after the 

13 semicolon; 

14 (F) in paragraph (5) (as redesignated by 

15 subparagraph (B)), by striking the period and 

16 inserting ‘‘; and’’; and 

17 (G) by adding at the end the following: 

18 ‘‘(6) any other information required to be re19 ported by Federal law.’’. 

20 SEC. 425. COMMON FORMS AND FORMATS. 

21 Section 432(m)(1)(D)(i) (20 U.S.C. 1082(m)(1)(D)(i)) 

22 is amended by adding at the end the following: ‘‘Unless oth23 erwise notified by the Secretary, each institution of higher 

24 education that participates in the program under this part 


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1 or part D may use a master promissory note for loans 

2 under this part and part D.’’. 

3 SEC. 426. STUDENT LOAN INFORMATION BY ELIGIBLE 

4 LENDERS. 

5 Section 433 (20 U.S.C. 1083) is amended by adding 

6 at the end the following: 

7 ‘‘(f) BORROWER INFORMATION AND PRIVACY.—Each 

8 entity participating in a program under this part that is 

9 subject to subtitle A of title V of the Gramm-Leach-Bliley 

10 Act (15 U.S.C. 6801 et seq.) shall only use, release, disclose, 

11 sell, transfer, or give student information, including the 

12 name, address, social security number, or amount borrowed 

13 by a borrower or a borrower’s parent, in accordance with 

14 the provisions of such subtitle. 

15 ‘‘(g) LOAN BENEFIT DISCLOSURES.— 

16 ‘‘(1) IN GENERAL.—Each eligible lender, holder, 

17 or servicer of a loan made, insured, or guaranteed 

18 under this part shall provide the borrower with infor19 mation on the loan benefit repayment options the 

20 lender, holder, or servicer offer, including information 

21 on reductions in interest rates— 

22 ‘‘(A) by repaying the loan by automatic 

23 payroll or checking account deduction; 

24 ‘‘(B) by completing a program of on-time 

25 repayment; and 


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1 ‘‘(C) under any other interest rate reduction 

2 program. 

3 ‘‘(2) INFORMATION.—Such borrower information 

4 shall include— 

5 ‘‘(A) any limitations on such options; 

6 ‘‘(B) explicit information on the reasons a 

7 borrower may lose eligibility for such an option; 

8 ‘‘(C) examples of the impact the interest 

9 rate reductions will have on a borrower’s time 

10 for repayment and amount of repayment; 

11 ‘‘(D) upon the request of the borrower, the 

12 effect the reductions in interest rates will have 

13 with respect to the borrower’s payoff amount and 

14 time for repayment; and 

15 ‘‘(E) information on borrower recertifi16 cation requirements.’’. 

17 SEC. 427. CONSUMER EDUCATION INFORMATION. 

18 Part B (20 U.S.C. 1071 et seq.) is amended by insert19 ing after section 433 (20 U.S.C. 1083) the following: 

20 ‘‘SEC. 433A. CONSUMER EDUCATION INFORMATION. 

21 ‘‘Each guaranty agency participating in a program 

22 under this part, working with the institutions of higher edu23 cation served by such guaranty agency (or in the case of 

24 an institution of higher education that provides loans exclu25 sively through part D, the institution working with a guarVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00771 Fmt 6652 Sfmt 6203 E:\BILLS\S1642.RS S1642

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1 anty agency or with the Secretary), shall develop and make 

2 available a high-quality educational program and mate3 rials to provide training for students in budgeting and fi4 nancial management, including debt management and 

5 other aspects of financial literacy, such as the cost of using 

6 very high interest loans to pay for postsecondary education, 

7 particularly as budgeting and financial management re8 lates to student loan programs authorized by this title. 

9 Nothing in this section shall be construed to prohibit a 

10 guaranty agency from using an existing program or exist11 ing materials to meet the requirement of this section. The 

12 activities described in this section shall be considered de13 fault reduction activities for the purposes of section 422.’’. 

14 SEC. 428. DEFINITION OF ELIGIBLE LENDER. 

15 Section 435(d) (20 U.S.C. 1085(d)) is amended— 

16 (1) in paragraph (5)— 

17 (A) by redesignating subparagraphs (C) 

18 and (D) as subparagraphs (H) and (I), respec19 tively; and 

20 (B) by striking subparagraphs (A) and (B) 

21 and inserting the following: 

22 ‘‘(A) offered, directly or indirectly, points, 

23 premiums, payments (including payments for re24 ferrals and for processing or finder fees), prizes, 

25 stock or other securities, travel, entertainment exVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00772 Fmt 6652 Sfmt 6203 E:\BILLS\S1642.RS S1642

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1 penses, tuition repayment, the provision of infor2 mation technology equipment at below-market 

3 value, additional financial aid funds, or other 

4 inducements to any institution of higher edu5 cation or any employee of an institution of high6 er education in order to secure applicants for 

7 loans under this part; 

8 ‘‘(B) conducted unsolicited mailings, by 

9 postal or electronic means, of student loan appli10 cation forms to students enrolled in secondary 

11 school or postsecondary institutions, or to par12 ents of such students, except that applications 

13 may be mailed, by postal or electronic means, to 

14 students or borrowers who have previously re15 ceived loans under this part from such lender; 

16 ‘‘(C) entered into any type of consulting ar17 rangement, or other contract to provide services 

18 to a lender, with an employee who is employed 

19 in the financial aid office of an institution of 

20 higher education, or who otherwise has respon21 sibilities with respect to student loans or other fi22 nancial aid of the institution; 

23 ‘‘(D) compensated an employee who is em24 ployed in the financial aid office of an institu25 tion of higher education, or who otherwise has 


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1 responsibilities with respect to educational loans 

2 or other financial aid of the institution, and who 

3 is serving on an advisory board, commission, or 

4 group established by a lender or group of lenders 

5 for providing such service, except that the eligible 

6 lender may reimburse such employee for reason7 able expenses incurred in providing such service; 

8 ‘‘(E) performed for an institution of higher 

9 education any function that the institution of 

10 higher education is required to carry out under 

11 part B, D, or G; 

12 ‘‘(F) paid, on behalf of an institution of 

13 higher education, another person to perform any 

14 function that the institution of higher education 

15 is required to perform under part B, D, or G; 

16 ‘‘(G) provided payments or other benefits to 

17 a student at an institution of higher education 

18 to act as the lender’s representative to secure ap19 plications under this title from individual pro20 spective borrowers, unless such student— 

21 ‘‘(i) is also employed by the lender for 

22 other purposes; and 

23 ‘‘(ii) made all appropriate disclosures 

24 regarding such employment;’’; and 

25 (2) by adding at the end the following: 


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1 ‘‘(8) SUNSET OF AUTHORITY FOR SCHOOL AS

2 LENDER PROGRAM.— 

3 ‘‘(A) SUNSET.—The authority provided 

4 under subsection (d)(1)(E) for an institution to 

5 serve as an eligible lender, and under paragraph 

6 (7) for an eligible lender to serve as a trustee for 

7 an institution of higher education or an organi8 zation affiliated with an institution of higher 

9 education, shall expire on June 30, 2012. 

10 ‘‘(B) APPLICATION TO EXISTING INSTITU11 TIONAL LENDERS.—An institution that was an 

12 eligible lender under this subsection, or an eligi13 ble lender that served as a trustee for an institu14 tion of higher education or an organization af15 filiated with an institution of higher education 

16 under paragraph (7), before June 30, 2012, 

17 shall— 

18 ‘‘(i) not issue any new loans in such a 

19 capacity under part B after June 30, 2012; 

20 and 

21 ‘‘(ii) continue to carry out the institu22 tion’s responsibilities for any loans issued 

23 by the institution under part B on or before 

24 June 30, 2012, except that, beginning on 

25 June 30, 2011, the eligible institution or 


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1 trustee may, notwithstanding any other 

2 provision of this Act, sell or otherwise dis3 pose of such loans if all profits from the di4 vestiture are used for need-based grant pro5 grams at the institution. 

6 ‘‘(C) AUDIT REQUIREMENT.—All institu7 tions serving as an eligible lender under sub8 section (d)(1)(E) and all eligible lenders serving 

9 as a trustee for an institution of higher edu10 cation or an organization affiliated with an in11 stitution of higher education shall annually com12 plete and submit to the Secretary a compliance 

13 audit to determine whether— 

14 ‘‘(i) the institution or lender is using 

15 all proceeds from special allowance pay16 ments and interest payments from bor17 rowers, interest subsidies received from the 

18 Department, and any proceeds from the sale 

19 or other disposition of loans, for need-based 

20 aid programs, in accordance with section 

21 435(d)(2)(A)(viii); 

22 ‘‘(ii) the institution or lender is using 

23 no more than a reasonable portion of the 

24 proceeds described in section 


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1 435(d)(2)(A)(viii) for direct administrative 

2 expenses; and 

3 ‘‘(iii) the institution or lender is en4 suring that the proceeds described in section 

5 435(d)(2)(A)(viii) are being used to supple6 ment, and not to supplant, non-Federal 

7 funds that would otherwise be used for need8 based grant programs.’’. 

9 SEC. 429. DISCHARGE AND CANCELLATION RIGHTS IN 

10 CASES OF DISABILITY. 

11 (a) FFEL AND DIRECT LOANS.—Section 437(a) (20 

12 U.S.C. 1087) is amended— 

13 (1) by inserting ‘‘, or if a student borrower who 

14 has received such a loan is unable to engage in any 

15 substantial gainful activity by reason of any medi16 cally determinable physical or mental impairment 

17 that can be expected to result in death, has lasted for 

18 a continuous period of not less than 60 months, or 

19 can be expected to last for a continuous period of not 

20 less than 60 months’’ after ‘‘of the Secretary),’’; and 

21 (2) by adding at the end the following: ‘‘The Sec22 retary may develop such safeguards as the Secretary 

23 determines necessary to prevent fraud and abuse in 

24 the discharge of liability under this subsection. Not25 withstanding any other provision of this subsection, 


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1 the Secretary may promulgate regulations to resume 

2 collection on loans discharged under this subsection in 

3 any case in which— 

4 ‘‘(1) a borrower received a discharge of liability 

5 under this subsection and after the discharge the bor6 rower— 

7 ‘‘(A) receives a loan made, insured or guar8 anteed under this title; or 

9 ‘‘(B) has earned income in excess of the pov10 erty line; or 

11 ‘‘(2) the Secretary determines necessary.’’. 

12 (b) PERKINS.—Section 464(c) (20 U.S.C. 1087dd(c)) 

13 is amended— 

14 (1) in paragraph (1)(F)— 

15 (A) by striking ‘‘or if he’’ and inserting ‘‘if 

16 the borrower’’; and 

17 (B) by inserting ‘‘, or if the borrower is un18 able to engage in any substantial gainful activ19 ity by reason of any medically determinable 

20 physical or mental impairment that can be ex21 pected to result in death, has lasted for a contin22 uous period of not less than 60 months, or can 

23 be expected to last for a continuous period of not 

24 less than 60 months’’ after ‘‘the Secretary’’; and 

25 (2) by adding at the end the following: 


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1 ‘‘(8) The Secretary may develop such additional 

2 safeguards as the Secretary determines necessary to 

3 prevent fraud and abuse in the cancellation of liabil4 ity under paragraph (1)(F). Notwithstanding para5 graph (1)(F), the Secretary may promulgate regula6 tions to resume collection on loans cancelled under 

7 paragraph (1)(F) in any case in which— 

8 ‘‘(A) a borrower received a cancellation of 

9 liability under paragraph (1)(F) and after the 

10 cancellation the borrower— 

11 ‘‘(i) receives a loan made, insured or 

12 guaranteed under this title; or 

13 ‘‘(ii) has earned income in excess of the 

14 poverty line; or 

15 ‘‘(B) the Secretary determines necessary.’’. 

16 (c) EFFECTIVE DATE.—The amendments made by sub17 sections (a) and (b) shall take effect on July 1, 2008. 

18 PART C—FEDERAL WORK-STUDY PROGRAMS 

19 SEC. 441. AUTHORIZATION OF APPROPRIATIONS. 

20 Section 441(b) (42 U.S.C. 2751(b)) is amended by 

21 striking ‘‘$1,000,000,000 for fiscal year 1999’’ and all that 

22 follows through the period and inserting ‘‘such sums as may 

23 be necessary for fiscal year 2008 and each of the 5 suc24 ceeding fiscal years.’’. 


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1 SEC. 442. ALLOWANCE FOR BOOKS AND SUPPLIES. 

2 Section 442(c)(4)(D) (42 U.S.C. 2752(c)(4)(D)) is 

3 amended by striking ‘‘$450’’ and inserting ‘‘$600’’. 

4 SEC. 443. GRANTS FOR FEDERAL WORK-STUDY PROGRAMS. 

5 Section 443(b)(2) (42 U.S.C. 2753(b)(2)) is amend6 ed— 

7 (1) by striking subparagraph (A); 

8 (2) by redesignating subparagraphs (B) and (C) 

9 as subparagraphs (A) and (B), respectively; and 

10 (3) in subparagraph (A) (as redesignated by 

11 paragraph (2)), by striking ‘‘this subparagraph if’’ 

12 and all that follows through ‘‘institution;’’ and insert13 ing ‘‘this subparagraph if— 

14 ‘‘(i) the Secretary determines that en15 forcing this subparagraph would cause 

16 hardship for students at the institution; or 

17 ‘‘(ii) the institution certifies to the Sec18 retary that 15 percent or more of its total 

19 full-time enrollment participates in commu20 nity service activities described in section 

21 441(c) or tutoring and literacy activities 

22 described in subsection (d) of this section;’’. 

23 SEC. 444. JOB LOCATION AND DEVELOPMENT PROGRAMS. 

24 Section 446(a)(1) (42 U.S.C. 2756(a)(1)) is amended 

25 by striking ‘‘$50,000’’ and inserting ‘‘$75,000’’. 


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1 SEC. 445. WORK COLLEGES. 

2 Section 448 (42 U.S.C. 2756b) is amended— 

3 (1) in subsection (a), by striking ‘‘work-learn4 ing’’ and inserting ‘‘work-learning-service’’; 

5 (2) in subsection (b)— 

6 (A) in paragraph (1), by striking ‘‘under 

7 subsection (f)’’ and inserting ‘‘for this section 

8 under section 441(b)’’; and 

9 (B) in paragraph (2)— 

10 (i) in the matter preceding subpara11 graph (A), by striking ‘‘pursuant to sub12 section (f)’’ and inserting ‘‘for this section 

13 under section 441(b)’’; 

14 (ii) in subparagraph (A), by striking 

15 ‘‘work-learning program’’ and inserting 

16 ‘‘comprehensive work-learning-service pro17 gram’’; 

18 (iii) by redesignating subparagraphs 

19 (C) through (F) as subparagraphs (D) 

20 through (G), respectively; 

21 (iv) by inserting after subparagraph 

22 (B) the following: 

23 ‘‘(C) support existing and new model stu24 dent volunteer community service projects associ25 ated with local institutions of higher education, 

26 such as operating drop-in resource centers that 


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1 are staffed by students and that link people in 

2 need with the resources and opportunities nec3 essary to become self-sufficient; and’’; 

4 (v) in subparagraph (E) (as redesig5 nated by clause (iii)), by striking ‘‘work6 learning’’ each place the term occurs and 

7 inserting ‘‘work-learning-service’’; and 

8 (vi) in subparagraph (F) (as redesig9 nated by clause (iii)), by striking ‘‘work 

10 service learning’’ and inserting ‘‘work11 learning-service’’; 

12 (3) in subsection (c), by striking ‘‘by subsection 

13 (f) to use funds under subsection (b)(1)’’ and insert14 ing ‘‘for this section under section 441(b) or to use 

15 funds under subsection (b)(1),’’; 

16 (4) in subsection (e)— 

17 (A) in paragraph (1)— 

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

19 ‘‘4-year, degree-granting’’ after ‘‘nonprofit’’; 

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

21 ‘‘work-learning’’ and inserting ‘‘work-learn22 ing-service’’; 

23 (iii) by striking subparagraph (C) and 

24 inserting the following: 


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1 ‘‘(C) requires all resident students, including at least 1 2 ⁄2 of all resident students who are 

3 enrolled on a full-time basis, to participate in a 

4 comprehensive work-learning-service program for 

5 not less than 5 hours each week, or not less than 

6 80 hours during each period of enrollment except 

7 summer school, unless the student is engaged in 

8 a study abroad or externship program that is or9 ganized or approved by the institution; and’’; 

10 and 

11 (iv) in subparagraph (D), by striking 

12 ‘‘work-learning’’ and inserting ‘‘work-learn13 ing-service’’; and 

14 (B) by striking paragraph (2) and inserting 

15 the following: 

16 ‘‘(2) the term ‘comprehensive work-learning-serv17 ice program’ means a student work-learning-service 

18 program that— 

19 ‘‘(A) is an integral and stated part of the 

20 institution’s educational philosophy and pro21 gram; 

22 ‘‘(B) requires participation of all resident 

23 students for enrollment and graduation; 


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1 ‘‘(C) includes learning objectives, evalua2 tion, and a record of work performance as part 

3 of the student’s college record; 

4 ‘‘(D) provides programmatic leadership by 

5 college personnel at levels comparable to tradi6 tional academic programs; 

7 ‘‘(E) recognizes the educational role of 

8 work-learning-service supervisors; and 

9 ‘‘(F) includes consequences for nonperform10 ance or failure in the work-learning-service pro11 gram similar to the consequences for failure in 

12 the regular academic program.’’; and 

13 (5) by striking subsection (f). 

14 PART D—FEDERAL PERKINS LOANS 

15 SEC. 451. PROGRAM AUTHORITY. 

16 Section 461(b)(1) (20 U.S.C. 1087aa(b)(1)) is amend17 ed by striking ‘‘$250,000,000 for fiscal year 1999’’ and all 

18 that follows through the period and inserting ‘‘such sums 

19 as may be necessary for each of the fiscal years 2008 

20 through 2012.’’. 

21 SEC. 452. CANCELLATION OF LOANS FOR CERTAIN PUBLIC 

22 SERVICE. 

23 Section 465(a) (20 U.S.C. 1087ee(a)) is amended— 

24 (1) in paragraph (2)— 


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1 (A) in subparagraph (B), by striking 

2 ‘‘Head Start Act which’’ and inserting ‘‘Head 

3 Start Act, or in a prekindergarten or child care 

4 program that is licensed or regulated by the 

5 State, that’’; 

6 (B) in subparagraph (H), by striking ‘‘or’’ 

7 after the semicolon; 

8 (C) in subparagraph (I), by striking the pe9 riod and inserting a semicolon; and 

10 (D) by inserting before the matter following 

11 subparagraph (I) (as amended by subparagraph 

12 (C)) the following: 

13 ‘‘(J) as a full-time faculty member at a Tribal 

14 College or University, as that term is defined in sec15 tion 316; 

16 ‘‘(K) as a librarian, if the librarian has a mas17 ter’s degree in library science and is employed in— 

18 ‘‘(i) an elementary school or secondary 

19 school that is eligible for assistance under title I 

20 of the Elementary and Secondary Education Act 

21 of 1965; or 

22 ‘‘(ii) a public library that serves a geo23 graphic area that contains 1 or more schools eli24 gible for assistance under title I of the Elemen25 tary and Secondary Education Act of 1965; or 


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1 ‘‘(L) as a full-time speech language therapist, if 

2 the therapist has a master’s degree and is working ex3 clusively with schools that are eligible for assistance 

4 under title I of the Elementary and Secondary Edu5 cation Act of 1965.’’; and 

6 (2) in paragraph (3)(A)— 

7 (A) in clause (i)— 

8 (i) by inserting ‘‘(D),’’ after ‘‘(C),’’; 

9 and 

10 (ii) by striking ‘‘or (I)’’ and inserting 

11 ‘‘(I), (J), (K), or (L)’’; 

12 (B) in clause (ii), by inserting ‘‘or’’ after 

13 the semicolon; 

14 (C) by striking clause (iii); and 

15 (D) by redesignating clause (iv) as clause 

16 (iii). 

17 PART E—NEED ANALYSIS 

18 SEC. 461. COST OF ATTENDANCE. 

19 (a) AMENDMENTS.—Section 472(3) (20 U.S.C. 

20 1087kk(3)) is amended— 

21 (1) in subparagraph (B), by striking ‘‘and’’ after 

22 the semicolon; 

23 (2) by redesignating subparagraph (C) as sub24 paragraph (D); and 


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1 (3) by inserting after subparagraph (B), as 

2 amended by paragraph (1), the following: 

3 ‘‘(C) for students who live in housing lo4 cated on a military base or for which a basic al5 lowance is provided under section 403(b) of title 

6 37, United States Code, shall be an allowance 

7 based on the expenses reasonably incurred by 

8 such students for board but not for room; and’’. 

9 (b) EFFECTIVE DATE.—The amendments made by sub10 section (a) shall take effect on July 1, 2008. 

11 SEC. 462. DEFINITIONS. 

12 (a) AMENDMENT.—Section 480(b)(6) (20 U.S.C. 

13 1087vv(b)(6)) is amended by inserting ‘‘, except that the 

14 value of on-base military housing or the value of basic al15 lowance for housing determined under section 403(b) of title 

16 37, United States Code, received by the parents, in the case 

17 of a dependent student, or the student or student’s spouse, 

18 in the case of an independent student, shall be excluded’’ 

19 before the semicolon. 

20 (b) EFFECTIVE DATE.—The amendment made by sub21 section (a) shall take effect on July 1, 2008. 


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1 PART F—GENERAL PROVISIONS RELATING TO 

2 STUDENT ASSISTANCE 

3 SEC. 471. DEFINITIONS. 

4 Section 481(a)(2)(B) (20 U.S.C. 1088(a)(2)(B)) is 

5 amended by inserting ‘‘and that measures program length 

6 in credit hours or clock hours’’ after ‘‘baccalaureate degree’’. 

7 SEC. 472. COMPLIANCE CALENDAR. 

8 Section 482 (20 U.S.C. 1089) is amended by adding 

9 at the end the following: 

10 ‘‘(e) COMPLIANCE CALENDAR.—Prior to the beginning 

11 of each award year, the Secretary shall provide to institu12 tions of higher education a list of all the reports and disclo13 sures required under this Act. The list shall include— 

14 ‘‘(1) the date each report or disclosure is required 

15 to be completed and to be submitted, made available, 

16 or disseminated; 

17 ‘‘(2) the required recipients of each report or dis18 closure; 

19 ‘‘(3) any required method for transmittal or dis20 semination of each report or disclosure; 

21 ‘‘(4) a description of the content of each report 

22 or disclosure sufficient to allow the institution to 

23 identify the appropriate individuals to be assigned 

24 the responsibility for such report or disclosure; 


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1 ‘‘(5) references to the statutory authority, appli2 cable regulations, and current guidance issued by the 

3 Secretary regarding each report or disclosure; and 

4 ‘‘(6) any other information which is pertinent to 

5 the content or distribution of the report or disclo6 sure.’’. 

7 SEC. 473. FORMS AND REGULATIONS. 

8 Section 483 (20 U.S.C. 1090) is amended— 

9 (1) by striking subsections (a) and (b) and in10 serting the following: 

11 ‘‘(a) COMMON FINANCIAL AID FORM DEVELOPMENT

12 AND PROCESSING.— 

13 ‘‘(1) IN GENERAL.— 

14 ‘‘(A) COMMON FORMS.—The Secretary, in 

15 cooperation with representatives of agencies and 

16 organizations involved in student financial as17 sistance, shall produce, distribute, and process 

18 free of charge common financial reporting forms 

19 as described in this subsection to be used to de20 termine the need and eligibility of a student for 

21 financial assistance under parts A through E of 

22 this title (other than under subpart 4 of part A). 

23 The forms shall be made available to applicants 

24 in both paper and electronic formats. 


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1 ‘‘(B) FAFSA.—The common financial re2 porting forms described in this subsection (ex3 cluding the form described in paragraph (2)(B)), 

4 shall be referred to collectively as the ‘Free Ap5 plication for Federal Student Aid’, or ‘FAFSA’. 

6 ‘‘(2) PAPER FORMAT.— 

7 ‘‘(A) IN GENERAL.—The Secretary shall en8 courage applicants to file the electronic versions 

9 of the forms described in paragraph (3), but 

10 shall develop, make available, and process— 

11 ‘‘(i) a paper version of EZ FAFSA, as 

12 described in subparagraph (B); and 

13 ‘‘(ii) a paper version of the other forms 

14 described in this subsection, in accordance 

15 with subparagraph (C), for any applicant 

16 who does not meet the requirements of or 

17 does not wish to use the process described in 

18 subparagraph (B). 

19 ‘‘(B) EZ FAFSA.— 

20 ‘‘(i) IN GENERAL.—The Secretary shall 

21 develop and use, after appropriate field test22 ing, a simplified paper application form for 

23 applicants meeting the requirements of sec24 tion 479(c), which form shall be referred to 

25 as the ‘EZ FAFSA’. 


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1 ‘‘(ii) REQUIRED FEDERAL DATA ELE2 MENTS.—The Secretary shall include on the 

3 EZ FAFSA only the data elements required 

4 to determine student eligibility and whether 

5 the applicant meets the requirements of sec6 tion 479(c). 

7 ‘‘(iii) REQUIRED STATE DATA ELE8 MENTS.—The Secretary shall include on the 

9 EZ FAFSA such data items as may be nec10 essary to award State financial assistance, 

11 as provided under paragraph (5), except the 

12 Secretary shall not include a State’s data if 

13 that State does not permit its applicants for 

14 State assistance to use the EZ FAFSA. 

15 ‘‘(iv) FREE AVAILABILITY AND DATA

16 DISTRIBUTION.—The provisions of para17 graphs (6) and (10) shall apply to the EZ 

18 FAFSA. 

19 ‘‘(C) PHASE-OUT OF FULL PAPER FAFSA.— 

20 ‘‘(i) PHASE-OUT OF PRINTING OF FULL

21 PAPER FAFSA.—At such time as the Sec22 retary determines that it is not cost-effective 

23 to print the full paper version of FAFSA, 

24 the Secretary shall— 


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1 ‘‘(I) phase out the printing of the 

2 full paper version of FAFSA; 

3 ‘‘(II) maintain on the Internet 

4 easily accessible, downloadable formats 

5 of the full paper version of FAFSA; 

6 and 

7 ‘‘(III) provide a printed copy of 

8 the full paper version of FAFSA upon 

9 request. 

10 ‘‘(ii) USE OF SAVINGS.—The Secretary 

11 shall utilize any savings realized by phas12 ing out the printing of the full paper 

13 version of FAFSA and moving applicants 

14 to the electronic versions of FAFSA, to im15 prove access to the electronic versions for 

16 applicants meeting the requirements of sec17 tion 479(c). 

18 ‘‘(3) ELECTRONIC VERSIONS.— 

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

20 produce, make available through a broadly avail21 able website, and process electronic versions of 

22 the FAFSA and the EZ FAFSA. 

23 ‘‘(B) MINIMUM QUESTIONS.—The Secretary 

24 shall use all available technology to ensure that 

25 a student using an electronic version of the 


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1 FAFSA under this paragraph answers only the 

2 minimum number of questions necessary. 

3 ‘‘(C) REDUCED REQUIREMENTS.—The Sec4 retary shall enable applicants who meet the re5 quirements of subsection (b) or (c) of section 479 

6 to provide information on the electronic version 

7 of the FAFSA only for the data elements re8 quired to determine student eligibility and 

9 whether the applicant meets the requirements of 

10 subsection (b) or (c) of section 479. 

11 ‘‘(D) STATE DATA.—The Secretary shall in12 clude on the electronic version of the FAFSA the 

13 questions needed to determine whether the appli14 cant is eligible for State financial assistance, as 

15 provided under paragraph (5), except that the 

16 Secretary shall not— 

17 ‘‘(i) require applicants to complete 

18 data required by any State other than the 

19 applicant’s State of residence; and 

20 ‘‘(ii) include a State’s data if such 

21 State does not permit its applicants for 

22 State assistance to use the electronic version 

23 of the FAFSA described in this paragraph. 

24 ‘‘(E) FREE AVAILABILITY AND DATA DIS25 TRIBUTION.—The provisions of paragraphs (6) 


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1 and (10) shall apply to the electronic version of 

2 the FAFSA. 

3 ‘‘(F) USE OF FORMS.—Nothing in this sub4 section shall be construed to prohibit the use of 

5 the electronic versions of the forms developed by 

6 the Secretary pursuant to this paragraph by an 

7 eligible institution, eligible lender, a guaranty 

8 agency, a State grant agency, a private com9 puter software provider, a consortium of such en10 tities, or such other entity as the Secretary may 

11 designate. Data collected by the electronic 

12 versions of such forms shall be used only for the 

13 application, award, and administration of aid 

14 awarded under this title, State aid, or aid 

15 awarded by eligible institutions or such entities 

16 as the Secretary may designate. No data col17 lected by such electronic versions of the forms 

18 shall be used for making final aid awards under 

19 this title until such data have been processed by 

20 the Secretary or a contractor or designee of the 

21 Secretary, except as may be permitted under this 

22 title. 

23 ‘‘(G) PRIVACY.—The Secretary shall ensure 

24 that data collection under this paragraph com25 plies with section 552a of title 5, United States 


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1 Code, and that any entity using an electronic 

2 version of a form developed by the Secretary 

3 under this paragraph shall maintain reasonable 

4 and appropriate administrative, technical, and 

5 physical safeguards to ensure the integrity and 

6 confidentiality of the information, and to protect 

7 against security threats, or unauthorized uses or 

8 disclosures of the information provided on the 

9 electronic version of the form. 

10 ‘‘(H) SIGNATURE.—Notwithstanding any 

11 other provision of this Act, the Secretary may 

12 permit an electronic version of a form developed 

13 under this paragraph to be submitted without a 

14 signature, if a signature is subsequently sub15 mitted by the applicant or if the applicant uses 

16 a personal identification number provided by the 

17 Secretary under subparagraph (I). 

18 ‘‘(I) PERSONAL IDENTIFICATION NUMBERS

19 AUTHORIZED.—The Secretary is authorized to 

20 assign to an applicant a personal identification 

21 number— 

22 ‘‘(i) to enable the applicant to use such 

23 number as a signature for purposes of com24 pleting an electronic version of a form de25 veloped under this paragraph; and 


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1 ‘‘(ii) for any purpose determined by 

2 the Secretary to enable the Secretary to 

3 carry out this title. 

4 ‘‘(J) PERSONAL IDENTIFICATION NUMBER

5 IMPROVEMENT.—Not later than 180 days after 

6 the date of enactment of the Higher Education 

7 Amendments of 2007, the Secretary shall imple8 ment a real-time data match between the Social 

9 Security Administration and the Department to 

10 minimize the time required for an applicant to 

11 obtain a personal identification number when 

12 applying for aid under this title through an elec13 tronic version of a form developed under this 

14 paragraph. 

15 ‘‘(4) STREAMLINED REAPPLICATION PROCESS.— 

16 ‘‘(A) IN GENERAL.—The Secretary shall de17 velop streamlined paper and electronic re18 application forms and processes for an applicant 

19 who applies for financial assistance under this 

20 title in the next succeeding academic year subse21 quent to an academic year for which such appli22 cant applied for financial assistance under this 

23 title. 

24 ‘‘(B) UPDATING OF DATA ELEMENTS.—The 

25 Secretary shall determine, in cooperation with 


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1 States, institutions of higher education, agencies, 

2 and organizations involved in student financial 

3 assistance, the data elements that may be trans4 ferred from the previous academic year’s appli5 cation and those data elements that shall be up6 dated. 

7 ‘‘(C) REDUCED DATA AUTHORIZED.—Noth8 ing in this title shall be construed as limiting the 

9 authority of the Secretary to reduce the number 

10 of data elements required of reapplicants. 

11 ‘‘(D) ZERO FAMILY CONTRIBUTION.—Appli12 cants determined to have a zero family contribu13 tion pursuant to section 479(c) shall not be re14 quired to provide any financial data in a re15 application form, except data that are necessary 

16 to determine eligibility under such section. 

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 State 

24 aid. Such items shall be selected in consultation 

25 with State agencies in order to assist in the 


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1 awarding of State financial assistance in accord2 ance with the terms of this subsection. The num3 ber of such data items shall not be less than the 

4 number included on the common financial re5 porting form for the 2005–2006 award year un6 less a State notifies the Secretary that the State 

7 no longer requires those data items for the dis8 tribution of State need-based aid. 

9 ‘‘(B) ANNUAL REVIEW.—The Secretary shall 

10 conduct an annual review to determine— 

11 ‘‘(i) which data items each State re12 quires to award need-based State aid; and 

13 ‘‘(ii) if the State will permit an appli14 cant to file a form described in paragraph 

15 (2)(B) or (3)(C). 

16 ‘‘(C) USE OF SIMPLIFIED APPLICATION

17 FORMS ENCOURAGED.—The Secretary shall en18 courage States to take such steps as are necessary 

19 to encourage the use of simplified forms under 

20 this subsection, including those forms described 

21 in paragraphs (2)(B) and (3)(C), for applicants 

22 who meet the requirements of subsection (b) or 

23 (c) of section 479. 

24 ‘‘(D) CONSEQUENCES IF STATE DOES NOT

25 ACCEPT SIMPLIFIED FORMS.—If a State does not 


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1 permit an applicant to file a form described in 

2 paragraph (2)(B) or (3)(C) for purposes of deter3 mining eligibility for State need-based financial 

4 aid, the Secretary may determine that State-spe5 cific questions for such State will not be included 

6 on a form described in paragraph (2)(B) or 

7 (3)(B). If the Secretary makes such determina8 tion, the Secretary shall advise the State of the 

9 Secretary’s determination. 

10 ‘‘(E) LACK OF STATE RESPONSE TO RE11 QUEST FOR INFORMATION.—If a State does not 

12 respond to the Secretary’s request for informa13 tion under subparagraph (B), the Secretary 

14 shall— 

15 ‘‘(i) permit residents of that State to 

16 complete simplified forms under paragraphs 

17 (2)(B) and (3)(B); and 

18 ‘‘(ii) not require any resident of such 

19 State to complete any data items previously 

20 required by that State under this section. 

21 ‘‘(F) RESTRICTION.—The Secretary shall 

22 not require applicants to complete any financial 

23 or non-financial data items that are not re24 quired— 

25 ‘‘(i) by the applicant’s State; or 


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1 ‘‘(ii) by the Secretary. 

2 ‘‘(6) CHARGES TO STUDENTS AND PARENTS FOR

3 USE OF FORMS PROHIBITED.—The need and eligi4 bility of a student for financial assistance under 

5 parts A through E (other than under subpart 4 of 

6 part A) may be determined only by using a form de7 veloped by the Secretary under this subsection. Such 

8 forms shall be produced, distributed, and processed by 

9 the Secretary, and no parent or student shall be 

10 charged a fee by the Secretary, a contractor, a third11 party servicer or private software provider, or any 

12 other public or private entity for the collection, proc13 essing, or delivery of financial aid through the use of 

14 such forms. No data collected on a paper or electronic 

15 version of a form developed under this subsection, or 

16 other document that was created to replace, or used 

17 to complete, such a form, and for which a fee was 

18 paid, shall be used. 

19 ‘‘(7) RESTRICTIONS ON USE OF PIN.—No person, 

20 commercial entity, or other entity shall request, ob21 tain, or utilize an applicant’s personal identification 

22 number assigned under paragraph (3)(I) for purposes 

23 of submitting a form developed under this subsection 

24 on an applicant’s behalf. 


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1 ‘‘(8) APPLICATION PROCESSING CYCLE.—The 

2 Secretary shall enable students to submit forms devel3 oped under this subsection and initiate the processing 

4 of such forms under this subsection, as early as prac5 ticable prior to January 1 of the student’s planned 

6 year of enrollment. 

7 ‘‘(9) EARLY ESTIMATES OF EXPECTED FAMILY

8 CONTRIBUTIONS.—The Secretary shall permit an ap9 plicant to complete a form described in this subsection 

10 in the years prior to enrollment in order to obtain 

11 from the Secretary a nonbinding estimate of the ap12 plicant’s expected family contribution, computed in 

13 accordance with part F. Such applicant shall be per14 mitted to update information submitted on a form de15 scribed in this subsection using the process required 

16 under paragraph (4). 

17 ‘‘(10) DISTRIBUTION OF DATA.—Institutions of 

18 higher education, guaranty agencies, and States shall 

19 receive, without charge, the data collected by the Sec20 retary using a form developed under this subsection 

21 for the purposes of processing loan applications and 

22 determining need and eligibility for institutional and 

23 State financial aid awards. Entities designated by 

24 institutions of higher education, guaranty agencies, or 

25 States to receive such data shall be subject to all the 


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1 requirements of this section, unless such requirements 

2 are waived by the Secretary. 

3 ‘‘(11) THIRD PARTY SERVICERS AND PRIVATE

4 SOFTWARE PROVIDERS.—To the extent practicable 

5 and in a timely manner, the Secretary shall provide, 

6 to private organizations and consortia that develop 

7 software used by institutions of higher education for 

8 the administration of funds under this title, all the 

9 necessary specifications that the organizations and 

10 consortia must meet for the software the organizations 

11 and consortia develop, produce, and distribute (in12 cluding any diskette, modem, or network communica13 tions) which are so used. The specifications shall con14 tain record layouts for required data. The Secretary 

15 shall develop in advance of each processing cycle an 

16 annual schedule for providing such specifications. The 

17 Secretary, to the extent practicable, shall use multiple 

18 means of providing such specifications, including con19 ferences and other meetings, outreach, and technical 

20 support mechanisms (such as training and printed 

21 reference materials). The Secretary shall, from time to 

22 time, solicit from such organizations and consortia 

23 means of improving the support provided by the Sec24 retary. 


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1 ‘‘(12) PARENT’S SOCIAL SECURITY NUMBER AND

2 BIRTH DATE.—The Secretary is authorized to include 

3 space on the forms developed under this subsection for 

4 the social security number and birth date of parents 

5 of dependent students seeking financial assistance 

6 under this title.’’; 

7 (2) by redesignating subsections (c) through (e) 

8 (as amended by section 101(b)(11)) as subsections (b) 

9 through (d), respectively; 

10 (3) in subsection (c) (as redesignated by para11 graph (2)), by striking ‘‘that is authorized’’ and all 

12 that follows through the period at the end and insert13 ing ‘‘or other appropriate provider of technical assist14 ance and information on postsecondary educational 

15 services that is authorized under section 663(a) of the 

16 Individuals with Disabilities Education Act. Not 

17 later than 2 years after the date of enactment of the 

18 Higher Education Amendments of 2007, the Secretary 

19 shall test and implement, to the extent practicable, a 

20 toll-free telephone based system to permit applicants 

21 who meet the requirements of 479(c) to submit an ap22 plication over such system.’’; 

23 (4) by striking subsection (d) (as redesignated by 

24 paragraph (2)) and inserting the following: 


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1 ‘‘(d) ASSISTANCE IN PREPARATION OF FINANCIAL AID

2 APPLICATION.— 

3 ‘‘(1) PREPARATION AUTHORIZED.—Notwith4 standing any provision of this Act, an applicant may 

5 use a preparer for consultative or preparation services 

6 for the completion of a form developed under sub7 section (a) if the preparer satisfies the requirements 

8 of this subsection. 

9 ‘‘(2) PREPARER IDENTIFICATION REQUIRED.—If 

10 an applicant uses a preparer for consultative or prep11 aration services for the completion of a form devel12 oped under subsection (a), the preparer shall include 

13 the name, signature, address or employer’s address, 

14 social security number or employer identification 

15 number, and organizational affiliation of the pre16 parer on the applicant’s form. 

17 ‘‘(3) ADDITIONAL REQUIREMENTS.—A preparer 

18 that provides consultative or preparation services 

19 pursuant to this subsection shall— 

20 ‘‘(A) clearly inform each individual upon 

21 initial contact, including contact through the 

22 Internet or by telephone, that the FAFSA and 

23 EZ FAFSA may be completed for free via paper 

24 or electronic versions of the forms that are pro25 vided by the Secretary; 


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1 ‘‘(B) include in any advertising clear and 

2 conspicuous information that the FAFSA and 

3 EZ FAFSA may be completed for free via paper 

4 or electronic versions of the forms that are pro5 vided by the Secretary; 

6 ‘‘(C) if advertising or providing any infor7 mation on a website, or if providing services 

8 through a website, include on the website a link 

9 to the website described in subsection (a)(3) that 

10 provides the electronic versions of the forms de11 veloped under subsection (a); 

12 ‘‘(D) refrain from producing or dissemi13 nating any form other than the forms developed 

14 by the Secretary under subsection (a); and 

15 ‘‘(E) not charge any fee to any individual 

16 seeking services who meets the requirements of 

17 subsection (b) or (c) of section 479. 

18 ‘‘(4) SPECIAL RULE.—Nothing in this Act shall 

19 be construed to limit preparers of the financial re20 porting forms required to be made under this title 

21 that meet the requirements of this subsection from col22 lecting source information from a student or parent, 

23 including Internal Revenue Service tax forms, in pro24 viding consultative and preparation services in com25 pleting the forms.’’; and 


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

2 ‘‘(e) EARLY APPLICATION AND AWARD DEMONSTRA3 TION PROGRAM.— 

4 ‘‘(1) PURPOSE.—The purpose of the demonstra5 tion program implemented under this subsection is to 

6 determine the feasibility of implementing a com7 prehensive early application and notification system 

8 for all dependent students and to measure the benefits 

9 and costs of such a system. 

10 ‘‘(2) PROGRAM AUTHORIZED.—Not later than 2 

11 years after the date of enactment of the Higher Edu12 cation Amendments of 2007, the Secretary shall im13 plement an early application demonstration program 

14 enabling dependent students who wish to participate 

15 in the program— 

16 ‘‘(A) to complete an application under this 

17 subsection during the academic year that is 2 

18 years prior to the year such students plan to en19 roll in an institution of higher education; and 

20 ‘‘(B) based on the application described in 

21 subparagraph (A), to obtain, not later than 1 

22 year prior to the year of the students’ planned 

23 enrollment, information on eligibility for Federal 

24 Pell Grants, Federal student loans under this 

25 title, and State and institutional financial aid 


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1 for the student’s first year of enrollment in an 

2 the institution of higher education. 

3 ‘‘(3) EARLY APPLICATION AND AWARD.—For all 

4 dependent students selected for participation in the 

5 demonstration program who submit a completed 

6 FAFSA, or, as appropriate, an EZ FAFSA, 2 years 

7 prior to the year such students plan to enroll in an 

8 institution of higher education, the Secretary shall, 

9 not later than 1 year prior to the year of such 

10 planned enrollment— 

11 ‘‘(A) provide each student who meets the re12 quirements under section 479(c) with a deter13 mination of such student’s— 

14 ‘‘(i) expected family contribution for 

15 the first year of the student’s enrollment in 

16 an institution of higher education; and 

17 ‘‘(ii) Federal Pell Grant award for the 

18 first such year, based on the maximum Fed19 eral Pell Grant award at the time of appli20 cation; 

21 ‘‘(B) provide each student who does not 

22 meet the requirements under section 479(c) with 

23 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 Fed6 eral Pell Grant award at the time of appli7 cation; and 

8 ‘‘(C) remind the students of the need to up9 date 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 application 

17 process described in paragraph (5); 

18 ‘‘(B) institutions of higher education within 

19 the selected States that are interested in partici20 pating in the demonstration program, and that 

21 can make estimates or commitments of institu22 tional student financial aid, as appropriate, to 

23 students the year before the students’ planned en24 rollment 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 be 

8 interested in participating in the program; 

9 ‘‘(iii) encouraging such students to 

10 apply; and 

11 ‘‘(iv) participating in the evaluation of 

12 the program. 

13 ‘‘(5) APPLICATIONS.—States that are interested 

14 in participating in the demonstration program shall 

15 submit an application, to the Secretary at such time, 

16 in such form, and containing such information as the 

17 Secretary shall require. The application shall in18 clude— 

19 ‘‘(A) information on the amount of the 

20 State’s need-based student financial assistance 

21 available, and the eligibility criteria for receiv22 ing such assistance; 

23 ‘‘(B) a commitment to make, not later than 

24 the year before the dependent students particiVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00809 Fmt 6652 Sfmt 6203 E:\BILLS\S1642.RS S1642

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1 pating in the demonstration program plan to en2 roll in an institution of higher education— 

3 ‘‘(i) determinations of State financial 

4 aid awards to dependent students partici5 pating in the program who meet the re6 quirements of section 479(c); and 

7 ‘‘(ii) estimates of State financial aid 

8 awards to other dependent students partici9 pating in the program; 

10 ‘‘(C) a plan for recruiting institutions of 

11 higher education and secondary schools with dif12 ferent demographic characteristics to participate 

13 in the program; 

14 ‘‘(D) a plan for selecting institutions of 

15 higher education and secondary schools to par16 ticipate in the program that— 

17 ‘‘(i) demonstrate a commitment to en18 couraging students to submit a FAFSA, or, 

19 as appropriate, an EZ FAFSA, 2 years be20 fore the students’ planned date of enrollment 

21 in an institution of higher education; 

22 ‘‘(ii) serve different populations of stu23 dents; 

24 ‘‘(iii) in the case of institutions of 

25 higher education— 


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1 ‘‘(I) to the extent possible, are of 

2 varying types and control; and 

3 ‘‘(II) commit to making, not later 

4 than the year prior to the year that de5 pendent students participating in the 

6 demonstration program plan to enroll 

7 in the institution— 

8 ‘‘(aa) institutional awards to 

9 participating dependent students 

10 who meet the requirements of sec11 tion 479(c); 

12 ‘‘(bb) estimates of institu13 tional awards to other partici14 pating dependent students; and 

15 ‘‘(cc) expected or tentative 

16 awards of grants or other finan17 cial aid available under this title 

18 (including supplemental grants 

19 under subpart 3 of part A), for all 

20 participating dependent students, 

21 along with information on State 

22 awards, as provided to the insti23 tution by the State; 

24 ‘‘(E) a commitment to participate in the 

25 evaluation conducted by the Secretary; and 


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1 ‘‘(F) such other information as the Sec2 retary may require. 

3 ‘‘(6) SPECIAL PROVISIONS.— 

4 ‘‘(A) DISCRETION OF STUDENT FINANCIAL

5 AID ADMINISTRATORS.—A financial aid admin6 istrator at an institution of higher education 

7 participating in a demonstration program under 

8 this subsection may use the discretion provided 

9 under section 479A as necessary in awarding fi10 nancial aid to students participating in the 

11 demonstration program. 

12 ‘‘(B) WAIVERS.—The Secretary is author13 ized to waive, for an institution participating in 

14 the demonstration program, any requirements 

15 under the title, or regulations prescribed under 

16 this title, that would make the demonstration 

17 program unworkable, except that the Secretary 

18 shall not waive any provisions with respect to 

19 the maximum award amounts for grants and 

20 loans under this title. 

21 ‘‘(7) OUTREACH.—The Secretary shall make ap22 propriate efforts in order to notify States, institutions 

23 of higher education, and secondary schools of the dem24 onstration program. 


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1 ‘‘(8) EVALUATION.—The Secretary shall conduct 

2 a rigorous evaluation of the demonstration program 

3 to measure the program’s benefits and adverse effects, 

4 as the benefits and effects relate to the purpose of the 

5 program described in paragraph (1). In conducting 

6 the evaluation, the Secretary shall— 

7 ‘‘(A) identify whether receiving financial 

8 aid awards or estimates, as applicable, 1 year 

9 prior to the year in which the student plans to 

10 enroll in an institution of higher education, has 

11 a positive impact on the higher education aspi12 rations and plans of such student; 

13 ‘‘(B) measure the extent to which using a 

14 student’s income information from the year that 

15 is 2 years prior to the student’s planned enroll16 ment date had an impact on the ability of States 

17 and institutions to make financial aid awards 

18 and commitments; 

19 ‘‘(C) determine what operational changes 

20 would be required to implement the program on 

21 a larger scale; 

22 ‘‘(D) identify any changes to Federal law 

23 that would be necessary to implement the pro24 gram on a permanent basis; and 


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1 ‘‘(E) identify the benefits and adverse effects 

2 of providing early awards or estimates on pro3 gram costs, program operations, program integ4 rity, award amounts, distribution, and delivery 

5 of aid. 

6 ‘‘(9) CONSULTATION.—The Secretary shall con7 sult, as appropriate, with the Advisory Committee on 

8 Student Financial Assistance established under sec9 tion 491 on the design, implementation, and evalua10 tion of the demonstration program. 

11 ‘‘(f) USE OF IRS DATA AND REDUCED INCOME AND

12 ASSET INFORMATION TO DETERMINE ELIGIBILITY FOR

13 STUDENT FINANCIAL AID.— 

14 ‘‘(1) FORMATION OF STUDY GROUP.—Not later 

15 than 180 days after the date of enactment of the 

16 Higher Education Amendments of 2007, the Comp17 troller General of the United States and the Secretary 

18 of Education shall convene a study group whose mem19 bers shall include the Secretary of the Treasury, the 

20 Director of the Office of Management and Budget, the 

21 Director of the Congressional Budget Office, and such 

22 other individuals as the Comptroller General and Sec23 retary of Education may designate. 

24 ‘‘(2) STUDY REQUIRED.—The Comptroller Gen25 eral and the Secretary, in consultation with the study 


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1 group convened under paragraph (1), shall design 

2 and conduct a study to identify and evaluate the 

3 means of simplifying the process of applying for Fed4 eral financial aid available under this title. The 

5 study shall focus on developing alternative approaches 

6 for calculating the expected family contribution that 

7 use substantially less income and asset data than the 

8 methodology currently used, as of the time of the 

9 study, for determining the expected family contribu10 tion. 

11 ‘‘(3) OBJECTIVES OF STUDY.—The objectives of 

12 the study required under paragraph (2) are— 

13 ‘‘(A) to shorten the FAFSA and make it 

14 easier and less time-consuming to complete, 

15 thereby increasing higher education access for 

16 low-income students; 

17 ‘‘(B) to examine the feasibility, and evalu18 ate the costs and benefits, of using income data 

19 from the Internal Revenue Service to pre-popu20 late the electronic version of the FAFSA; 

21 ‘‘(C) to determine ways in which to provide 

22 reliable information on the amount of Federal 

23 grant aid and financial assistance a student can 

24 expect to receive, assuming constant income, 2 to 

25 3 years before the student’s enrollment; and 


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1 ‘‘(D) to simplify the process for determining 

2 eligibility for student financial aid without caus3 ing significant redistribution of Federal grants 

4 and subsidized loans under this title. 

5 ‘‘(4) REQUIRED SUBJECTS OF STUDY.—The 

6 study required under paragraph (2) shall consider— 

7 ‘‘(A) how the expected family contribution 

8 of a student could be calculated using substan9 tially less income and asset information than the 

10 approach currently used, as of the time of the 

11 study, to calculate the expected family contribu12 tion without causing significant redistribution of 

13 Federal grants and subsidized loans under this 

14 title, State aid, or institutional aid, or change in 

15 the composition of the group of recipients of such 

16 aid, which alternative approaches for calculating 

17 the expected family contribution shall, to the ex18 tent practicable— 

19 ‘‘(i) rely mainly, in the case of stu20 dents and parents who file income tax re21 turns, on information available on the 

22 1040, 1040EZ, and 1040A; and 

23 ‘‘(ii) include formulas for adjusting in24 come or asset information to produce simiVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00816 Fmt 6652 Sfmt 6203 E:\BILLS\S1642.RS S1642

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1 lar results to the existing approach with less 

2 data; 

3 ‘‘(B) how the Internal Revenue Service can 

4 provide income and other data needed to com5 pute an expected family contribution for tax6 payers and dependents of taxpayers to the Sec7 retary of Education, and when in the applica8 tion cycle the data can be made available; 

9 ‘‘(C) whether data provided by the Internal 

10 Revenue could be used to— 

11 ‘‘(i) prepopulate the electronic version 

12 of the FAFSA with student and parent tax13 payer data; or 

14 ‘‘(ii) generate an expected family con15 tribution without additional action on the 

16 part of the student and taxpayer; 

17 ‘‘(D) the extent to which the use of income 

18 data from 2 years prior to a student’s planned 

19 enrollment date would change the expected fam20 ily contribution computed in accordance with 

21 part F, and potential adjustments to the need 

22 analysis formula that would minimize the 

23 change; 

24 ‘‘(E) the extent to which States and institu25 tions would accept the data provided by the InVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00817 Fmt 6652 Sfmt 6203 E:\BILLS\S1642.RS S1642

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1 ternal Revenue Service to prepopulate the elec2 tronic version of the FAFSA in determining the 

3 distribution of State and institutional student fi4 nancial aid funds; 

5 ‘‘(F) the changes to the electronic version of 

6 the FAFSA and verification processes that would 

7 be needed or could be made if Internal Revenue 

8 Service data were used to prepopulate such elec9 tronic version; 

10 ‘‘(G) the data elements currently collected, 

11 as of the time of the study, on the FAFSA that 

12 are needed to determine eligibility for student 

13 aid, or to administer Federal student financial 

14 aid programs, but are not needed to compute an 

15 expected family contribution, such as whether in16 formation regarding the student’s citizenship or 

17 permanent residency status, registration for se18 lective service, or driver’s license number could 

19 be reduced without adverse effects; 

20 ‘‘(H) additional steps that can be taken to 

21 simplify the financial aid application process for 

22 students who (or, in the case of dependent stu23 dents, whose parents) are not required to file an 

24 income tax return for the prior taxable year; 


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1 ‘‘(I) information on the State need for and 

2 usage of the full array of income, asset, and 

3 other information currently collected, as of the 

4 time of the study, on the FAFSA, including 

5 analyses of— 

6 ‘‘(i) what data are currently used by 

7 States to determine eligibility for State stu8 dent financial aid, and whether the data 

9 are used for merit or need-based aid; 

10 ‘‘(ii) the extent to which the full array 

11 of income and asset information currently 

12 collected on the FAFSA play an important 

13 role in the awarding of need-based State fi14 nancial aid, and whether the State could 

15 use income and asset information that was 

16 more limited to support determinations of 

17 eligibility for such State aid programs; 

18 ‘‘(iii) whether data are required by 

19 State law, State regulations, or policy di20 rectives; 

21 ‘‘(iv) what State official has the au22 thority to advise the Department on what 

23 the State requires to calculate need-based 

24 State student financial aid; 


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1 ‘‘(v) the extent to which any State-spe2 cific information requirements could be met 

3 by completion of a State application linked 

4 to the electronic version of the FAFSA; and 

5 ‘‘(vi) whether the State can use, as of 

6 the time of the study, or could use, a stu7 dent’s expected family contribution based on 

8 data from 2 years prior to the student’s 

9 planned enrollment date and a calculation 

10 with reduced data elements and, if not, 

11 what additional information would be need12 ed or what changes would be required; and 

13 ‘‘(J) information on institutional needs, in14 cluding the extent to which institutions of higher 

15 education are already using supplemental forms 

16 to collect additional data from students and their 

17 families to determine eligibility for institutional 

18 funds. 

19 ‘‘(5) USE OF DATA FROM THE INTERNAL REV20 ENUE SERVICE TO PREPOPULATE FAFSA FORMS.— 

21 After the study required under this subsection has 

22 been completed, the Secretary may use Internal Rev23 enue Service data to prepopulate the electronic 

24 version of the FAFSA if the Secretary, in a joint de25 cision with the Secretary of Treasury, determines that 


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1 such use will not significantly negatively impact stu2 dents, institutions of higher education, States, or the 

3 Federal Government based on each of the following 

4 criteria: 

5 ‘‘(A) Program costs. 

6 ‘‘(B) Redistributive effects on students. 

7 ‘‘(C) Accuracy of aid determinations. 

8 ‘‘(D) Reduction of burden to the FAFSA fil9 ers. 

10 ‘‘(E) Whether all States and institutions 

11 that currently accept the Federal aid formula ac12 cept the use of data from 2 years prior to the 

13 date of a student’s planned enrollment in an in14 stitution of higher education to award Federal, 

15 State, and institutional aid, and as a result will 

16 not require students to complete any additional 

17 forms to receive this aid. 

18 ‘‘(6) CONSULTATION.—The Secretary shall con19 sult with the Advisory Committee on Student Finan20 cial Assistance established under section 491 as ap21 propriate in carrying out this subsection. 

22 ‘‘(7) REPORT.—Not later than 18 months after 

23 the date of enactment of the Higher Education 

24 Amendments of 2007, the Comptroller General and 

25 the Secretary shall prepare and submit a report on 


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1 the results of the study required under this subsection 

2 to the authorizing committees.’’. 

3 SEC. 474. STUDENT ELIGIBILITY. 

4 (a) AMENDMENTS.—Section 484 (20 U.S.C. 1091) is 

5 amended— 

6 (1) in subsection (d), by adding at the end the 

7 following: 

8 ‘‘(4) The student shall be determined by the in9 stitution of higher education as having the ability to 

10 benefit from the education or training offered by the 

11 institution of higher education, upon satisfactory 

12 completion of 6 credit hours or the equivalent 

13 coursework that are applicable toward a degree or cer14 tificate offered by the institution of higher edu15 cation.’’; 

16 (2) by striking subsection (l) and inserting the 

17 following: 

18 ‘‘(l) COURSES OFFERED THROUGH DISTANCE EDU19 CATION.— 

20 ‘‘(1) RELATION TO CORRESPONDENCE

21 COURSES.— 

22 ‘‘(A) IN GENERAL.—A student enrolled in a 

23 course of instruction at an institution of higher 

24 education that is offered principally through dis25 tance education and leads to a recognized certifiVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00822 Fmt 6652 Sfmt 6203 E:\BILLS\S1642.RS S1642

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1 cate, or associate, baccalaureate, or graduate de2 gree, conferred by such institution, shall not be 

3 considered to be enrolled in correspondence 

4 courses. 

5 ‘‘(B) EXCEPTION.—An institution of higher 

6 education referred to in subparagraph (A) shall 

7 not include an institution or school described in 

8 section 3(3)(C) of the Carl D. Perkins Career 

9 and Technical Education Act of 2006. 

10 ‘‘(2) RESTRICTION OR REDUCTIONS OF FINAN11 CIAL AID.—A student’s eligibility to receive grants, 

12 loans, or work assistance under this title shall be re13 duced if a financial aid officer determines under the 

14 discretionary authority provided in section 479A that 

15 distance education results in a substantially reduced 

16 cost of attendance to such student. 

17 ‘‘(3) SPECIAL RULE.—For award years prior to 

18 July 1, 2008, the Secretary shall not take any compli19 ance, disallowance, penalty, or other action against a 

20 student or an eligible institution when such action 

21 arises out of such institution’s prior award of student 

22 assistance under this title if the institution dem23 onstrates to the satisfaction of the Secretary that its 

24 course of instruction would have been in conformance 

25 with the requirements of this subsection.’’; and 


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

2 ‘‘(s) STUDENTS WITH INTELLECTUAL DISABILITIES.— 

3 Notwithstanding subsection (a), in order to receive any 

4 grant or work assistance under subparts 1 and 3 of part 

5 A and part C of this title, a student with an intellectual 

6 disability shall— 

7 ‘‘(1) be an individual with an intellectual dis8 ability whose mental retardation or other significant 

9 cognitive impairment substantially impacts the indi10 vidual’s intellectual and cognitive functioning; 

11 ‘‘(2)(A) be a student eligible for assistance under 

12 the Individuals with Disabilities Education Act 

13 who— 

14 ‘‘(i) has completed secondary school with a 

15 diploma or certificate; or 

16 ‘‘(ii) has completed secondary school; or 

17 ‘‘(B) be an individual who is no longer eligible 

18 for assistance under the Individuals with Disabilities 

19 Education Act because the individual has exceeded the 

20 maximum age for which the State provides a free ap21 propriate public education; 

22 ‘‘(3) be enrolled or accepted for enrollment in a 

23 comprehensive transition and postsecondary edu24 cation program that— 


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1 ‘‘(A) is designed for students with an intel2 lectual disability who are seeking to continue 

3 academic, vocational, and independent living in4 struction at the institution in order to prepare 

5 for gainful employment and independent living; 

6 ‘‘(B) includes an advising and curriculum 

7 structure; 

8 ‘‘(C) requires students to participate on at 

9 least a half-time basis, as determined by the in10 stitution; or 

11 ‘‘(D) includes— 

12 ‘‘(i) regular enrollment in courses of13 fered by the institution; 

14 ‘‘(ii) auditing or participating in 

15 courses offered by the institution for which 

16 the student does not receive regular aca17 demic credit; 

18 ‘‘(iii) enrollment in noncredit, non19 degree courses; 

20 ‘‘(iv) participation in internships; or 

21 ‘‘(v) a combination of 2 or more of the 

22 activities described in clauses (i) through 

23 (iv); 

24 ‘‘(4) be maintaining satisfactory progress in the 

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1 ance with standards established by the institution; 

2 and 

3 ‘‘(5) meet the requirements of paragraphs (3), 

4 (4), (5), and (6) of subsection (a).’’. 

5 (b) EFFECTIVE DATE.—The amendments made by sub6 section (a) shall take affect on July 1, 2008. 

7 SEC. 475. STATUTE OF LIMITATIONS AND STATE COURT 

8 JUDGMENTS. 

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

10 (1) in subsection (b)— 

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

12 after the semicolon; 

13 (B) in paragraph (2), by striking the period 

14 and inserting ‘‘; and’’; and 

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

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

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

18 of higher education that has an agreement with the 

19 Secretary pursuant to section 463(a) shall not be sub20 ject to a defense raised by any borrower based on a 

21 claim of infancy.’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(d) SPECIAL RULE.—This section shall not apply in 

24 the case of a student who is deceased or to a deceased stu25 dent’s estate or the estate of such student’s family. If a stuVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00826 Fmt 6652 Sfmt 6203 E:\BILLS\S1642.RS S1642

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1 dent is deceased, then the student’s estate or the estate of 

2 the student’s family shall not be required to repay any fi3 nancial assistance under this title, including interest paid 

4 on the student’s behalf, collection costs, or other charges 

5 specified in this title.’’. 

6 SEC. 476. INSTITUTIONAL REFUNDS. 

7 (a) AMENDMENT.—Section 484B(c)(2) (20 U.S.C. 

8 1091B(c)(2)) is amended by striking ‘‘may determine the 

9 appropriate withdrawal date.’’ and inserting ‘‘may deter10 mine— 

11 ‘‘(A) the appropriate withdrawal date; and 

12 ‘‘(B) that the requirements of subsection 

13 (b)(2) do not apply to the student.’’. 

14 (b) EFFECTIVE DATE.—The amendment made by sub15 section (a) shall take effect on July 1, 2008. 

16 SEC. 477. INSTITUTIONAL AND FINANCIAL ASSISTANCE IN17 FORMATION FOR STUDENTS. 

18 Section 485 (20 U.S.C. 1092) is amended— 

19 (1) in subsection (a)— 

20 (A) in paragraph (1)— 

21 (i) by striking subparagraph (M) and 

22 inserting the following: 

23 ‘‘(M) the terms and conditions of the loans 

24 that students receive under parts B, D, and E;’’; 


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1 (ii) in subparagraph (N), by striking 

2 ‘‘and’’ after the semicolon; 

3 (iii) in subparagraph (O), by striking 

4 the period and inserting a semicolon; and 

5 (iv) by adding at the end the following: 

6 ‘‘(P) institutional policies and sanctions re7 lated to copyright infringement that inform stu8 dents that unauthorized distribution of copy9 righted material on the institution’s information 

10 technology systems, including engaging in unau11 thorized peer-to-peer file sharing, may subject the 

12 students to civil and criminal penalties;’’ 

13 ‘‘(Q) student body diversity at the institu14 tion, including information on the percentage of 

15 enrolled, full-time students who are— 

16 ‘‘(i) male; 

17 ‘‘(ii) female; 

18 ‘‘(iii) from a low-income background; 

19 and 

20 ‘‘(iv) a self-identified member of a 

21 major racial or ethnic group; 

22 ‘‘(R) the placement in employment of, and 

23 types of employment obtained by, graduates of 

24 the institution’s degree or certificate programs, 

25 gathered from such sources as alumni surveys, 


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1 student satisfaction surveys, the National Survey 

2 of Student Engagement, the Community College 

3 Survey of Student Engagement, State data sys4 tems, or other relevant sources; 

5 ‘‘(S) the types of graduate and professional 

6 education in which graduates of the institution’s 

7 4-year degree programs enrolled, gathered from 

8 such sources as alumni surveys, student satisfac9 tion surveys, the National Survey of Student En10 gagement, State data systems, or other relevant 

11 sources; and 

12 ‘‘(T) the fire safety report prepared by the 

13 institution pursuant to subsection (i).’’; 

14 (B) by striking paragraph (4) and inserting 

15 the following: 

16 ‘‘(4) For purposes of this section, institutions 

17 may— 

18 ‘‘(A) exclude from the information disclosed 

19 in accordance with subparagraph (L) of para20 graph (1) the completion or graduation rates of 

21 students who leave school to serve in the Armed 

22 Forces, on official church missions, or with a 

23 recognized foreign aid service of the Federal Gov24 ernment; or 


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1 ‘‘(B) in cases where the students described 

2 in subparagraph (A) represent 20 percent or 

3 more of the certificate- or degree-seeking, full4 time, undergraduate students at the institution, 

5 the institution may recalculate the completion or 

6 graduation rates of such students by excluding 

7 from the calculation described in paragraph (3) 

8 the time period such students were not enrolled 

9 due to their service in the Armed Forces, on offi10 cial church missions, or with a recognized for11 eign aid service of the Federal Government.’’; 

12 and 

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

14 ‘‘(7) The information disclosed under subparagraph 

15 (L) of paragraph (1), or reported under subsection (e), shall 

16 include information disaggregated by gender, by each major 

17 racial and ethnic subgroup, by recipients of a Federal Pell 

18 Grant, by recipients of a loan made under this part or part 

19 D (other than a loan made under section 428H or a Federal 

20 Direct Unsubsidized Stafford Loan) who did not receive a 

21 Federal Pell Grant, and by recipients of neither a Federal 

22 Pell Grant nor a loan made under this part or part D 

23 (other than a loan made under section 428H or a Federal 

24 Direct Unsubsidized Stafford Loan), if the number of stu25 dents in such subgroup or with such status is sufficient to 


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1 yield statistically reliable information and reporting would 

2 not reveal personally identifiable information about an in3 dividual student. If such number is not sufficient for such 

4 purposes, then the institution shall note that the institution 

5 enrolled too few of such students to so disclose or report with 

6 confidence and confidentiality.’’; 

7 (2) in subsection (b)— 

8 (A) in paragraph (1)(A), by striking the 

9 subparagraph designation and all that follows 

10 through ‘‘465.’’ and inserting the following: 

11 ‘‘(A) Each eligible institution shall, through 

12 financial aid offices or otherwise, provide coun13 seling to borrowers of loans that are made, in14 sured, or guaranteed under part B (other than 

15 loans made pursuant to section 428C or loans 

16 made to parents pursuant to section 428B), or 

17 made under part D (other than Federal Direct 

18 Consolidation Loans or Federal Direct PLUS 

19 Loans made to parents) or E, prior to the com20 pletion of the course of study for which the bor21 rower enrolled at the institution or at the time 

22 of departure from such institution. The coun23 seling required by this subsection shall include— 

24 ‘‘(i) information on the repayment 

25 plans available, including a discussion of 


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1 the different features of each plan and sam2 ple information showing the difference in 

3 interest paid and total payments under 

4 each plan; 

5 ‘‘(ii) the average anticipated monthly 

6 repayments under the standard repayment 

7 plan and, at the borrower’s request, the 

8 other repayment plans for which the bor9 rower is eligible; 

10 ‘‘(iii) such debt and management strat11 egies as the institution determines are de12 signed to facilitate the repayment of such 

13 indebtedness; 

14 ‘‘(iv) an explanation that the borrower 

15 has the ability to prepay each such loan, 

16 pay the loan on a shorter schedule, and 

17 change repayment plans; 

18 ‘‘(v) the terms and conditions under 

19 which the student may obtain full or par20 tial forgiveness or cancellation of principal 

21 or interest under sections 428J, 460, and 

22 465 (to the extent that such sections are ap23 plicable to the student’s loans); 

24 ‘‘(vi) the terms and conditions under 

25 which the student may defer repayment of 


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1 principal or interest or be granted forbear2 ance under subsections (b)(1)(M) and (o) of 

3 section 428, 428H(e)(7), subsections (f) and 

4 (l) of section 455, and section 464(c)(2), 

5 and the potential impact of such deferment 

6 or forbearance; 

7 ‘‘(vii) the consequences of default on 

8 such loans; 

9 ‘‘(viii) information on the effects of 

10 using a consolidation loan to discharge the 

11 borrower’s loans under parts B, D, and E, 

12 including, at a minimum— 

13 ‘‘(I) the effects of consolidation on 

14 total interest to be paid, fees to be 

15 paid, and length of repayment; 

16 ‘‘(II) the effects of consolidation 

17 on a borrower’s underlying loan bene18 fits, including all grace periods, loan 

19 forgiveness, cancellation, and deferment 

20 opportunities; 

21 ‘‘(III) the ability of the borrower 

22 to prepay the loan or change repay23 ment plans; and 


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1 ‘‘(IV) that borrower benefit pro2 grams may vary among different loan 

3 holders; and 

4 ‘‘(ix) a notice to borrowers about the 

5 availability of the National Student Loan 

6 Data System and how the system can be 

7 used by a borrower to obtain information 

8 on the status of the borrower’s loans.’’; and 

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

10 ‘‘(3) Each eligible institution shall, during the 

11 exit interview required by this subsection, provide to 

12 a borrower of a loan made under part B, D, or E a 

13 clear and conspicuous notice describing the general ef14 fects of using a consolidation loan to discharge the 

15 borrower’s student loans, including— 

16 ‘‘(A) the effects of consolidation on total in17 terest to be paid, fees to be paid, and length of 

18 repayment; 

19 ‘‘(B) the effects of consolidation on a bor20 rower’s underlying loan benefits, including loan 

21 forgiveness, cancellation, and deferment; 

22 ‘‘(C) the ability for the borrower to prepay 

23 the loan, pay on a shorter schedule, and to 

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1 efit programs may vary among different loan 

2 holders; 

3 ‘‘(D) a general description of the types of 

4 tax benefits which may be available to borrowers 

5 of student loans; and 

6 ‘‘(E) the consequences of default.’’; 

7 (3) in subsection (d)(2)— 

8 (A) by inserting ‘‘grant assistance, as well 

9 as State’’ after ‘‘describing State’’; and 

10 (B) by inserting ‘‘and other means, includ11 ing through the Internet’’ before the period at the 

12 end; 

13 (4) in subsection (e), by striking paragraph (3) 

14 and inserting the following: 

15 ‘‘(3) For purposes of this subsection, institutions 

16 may— 

17 ‘‘(A) exclude from the reporting require18 ments under paragraphs (1) and (2) the comple19 tion or graduation rates of students and student 

20 athletes who leave school to serve in the Armed 

21 Forces, on official church missions, or with a 

22 recognized foreign aid service of the Federal Gov23 ernment; or 

24 ‘‘(B) in cases where the students described 

25 in subparagraph (A) represent 20 percent or 


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1 more of the certificate- or degree-seeking, full2 time, undergraduate students at the institution, 

3 the institution may calculate the completion or 

4 graduation rates of such students by excluding 

5 from the calculations described in paragraph (1) 

6 the time period such students were not enrolled 

7 due to their service in the Armed Forces, on offi8 cial church missions, or with a recognized for9 eign aid service of the Federal Government.’’; 

10 (5) in subsection (f)— 

11 (A) in paragraph (1)— 

12 (i) the matter preceding subparagraph 

13 (A), by inserting ‘‘, other than a foreign in14 stitution of higher education,’’ after ‘‘under 

15 this title’’; and 

16 (ii) by adding at the end the following: 

17 ‘‘(J) A statement of current campus policies 

18 regarding immediate emergency response and 

19 evacuation procedures, including the use of elec20 tronic and cellular communication (if appro21 priate), which policies shall include procedures— 

22 ‘‘(i) to notify the campus community 

23 in a reasonable and timely manner in the 

24 event of a significant emergency or dan25 gerous situation, involving an immediate 


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1 threat to the health or safety of students or 

2 staff, occurring on the campus; 

3 ‘‘(ii) to publicize emergency response 

4 and evacuation procedures on an annual 

5 basis in a manner designed to reach stu6 dents and staff; and 

7 ‘‘(iii) to test emergency response and 

8 evacuation procedures on an annual basis.’’; 

9 (B) by redesignating paragraph (15) as 

10 paragraph (17); and 

11 (C) by inserting after paragraph (14) the 

12 following: 

13 ‘‘(15) COMPLIANCE REPORT.—The Secretary 

14 shall annually report to the authorizing committees 

15 regarding compliance with this subsection by institu16 tions of higher education, including an up-to-date re17 port on the Secretary’s monitoring of such compli18 ance. 

19 ‘‘(16) BEST PRACTICES.—The Secretary may 

20 seek the advice and counsel of the Attorney General 

21 concerning the development, and dissemination to in22 stitutions of higher education, of best practices infor23 mation about campus safety and emergencies.’’; and 

24 (6) by adding at the end the following: 

25 ‘‘(h) TRANSFER OF CREDIT POLICIES.— 


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1 ‘‘(1) DISCLOSURE.—Each institution of higher 

2 education participating in any program under this 

3 title shall publicly disclose in a readable and com4 prehensible manner the institution’s transfer of credit 

5 policies which shall include a statement of the institu6 tion’s current transfer of credit policies that includes, 

7 at a minimum— 

8 ‘‘(A) a statement of whether the institution 

9 denies a transfer of credit solely on the basis of 

10 the agency or association that accredited such 

11 other institution of higher education; and 

12 ‘‘(B) a list of institutions of higher edu13 cation with which the institution has established 

14 an articulation agreement. 

15 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this 

16 subsection shall be construed to— 

17 ‘‘(A) authorize the Secretary or the Accredi18 tation and Institutional Quality and Integrity 

19 Advisory Committee to require particular poli20 cies, procedures, or practices by institutions of 

21 higher education with respect to transfer of cred22 it; 

23 ‘‘(B) authorize an officer or employee of the 

24 Department to exercise any direction, super25 vision, or control over the curriculum, program 


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1 of instruction, administration, or personnel of 

2 any institution of higher education, or over any 

3 accrediting agency or association; 

4 ‘‘(C) limit the application of the General 

5 Education Provisions Act; or 

6 ‘‘(D) create any legally enforceable right on 

7 the part of a student to require an institution of 

8 higher education to accept a transfer of credit 

9 from another institution. 

10 ‘‘(i) DISCLOSURE OF FIRE SAFETY STANDARDS AND

11 MEASURES.— 

12 ‘‘(1) ANNUAL FIRE SAFETY REPORTS ON STU13 DENT HOUSING REQUIRED.—Each eligible institution 

14 participating in any program under this title shall, 

15 on an annual basis, publish a fire safety report, 

16 which shall contain information with respect to the 

17 campus fire safety practices and standards of that in18 stitution, including— 

19 ‘‘(A) statistics concerning the following in 

20 each on-campus student housing facility during 

21 the most recent calendar years for which data 

22 are available— 

23 ‘‘(i) the number of fires and the cause 

24 of each fire; 


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1 ‘‘(ii) the number of injuries related to 

2 a fire that result in treatment at a medical 

3 facility; 

4 ‘‘(iii) the number of deaths related to a 

5 fire; and 

6 ‘‘(iv) the value of property damage 

7 caused by a fire; 

8 ‘‘(B) a description of each on-campus stu9 dent housing facility fire safety system, includ10 ing the fire sprinkler system; 

11 ‘‘(C) the number of regular mandatory su12 pervised fire drills; 

13 ‘‘(D) policies or rules on portable electrical 

14 appliances, smoking, and open flames (such as 

15 candles), procedures for evacuation, and policies 

16 regarding fire safety education and training pro17 grams provided to students, faculty, and staff; 

18 and 

19 ‘‘(E) plans for future improvements in fire 

20 safety, if determined necessary by such institu21 tion. 

22 ‘‘(2) REPORT TO THE SECRETARY.—Each eligi23 ble institution participating in any program under 

24 this title shall, on an annual basis submit to the SecVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00840 Fmt 6652 Sfmt 6203 E:\BILLS\S1642.RS S1642

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1 retary a copy of the statistics required to be made 

2 available under subparagraph (A). 

3 ‘‘(3) CURRENT INFORMATION TO CAMPUS COMMU4 NITY.—Each institution participating in any pro5 gram under this title shall— 

6 ‘‘(A) make, keep, and maintain a log, re7 cording all fires in on-campus student housing 

8 facilities, including the nature, date, time, and 

9 general location of each fire; and 

10 ‘‘(B) make annual reports to the campus 

11 community on such fires. 

12 ‘‘(4) RESPONSIBILITIES OF THE SECRETARY.— 

13 The Secretary shall— 

14 ‘‘(A) make such statistics submitted to the 

15 Secretary available to the public; and 

16 ‘‘(B) in coordination with nationally recog17 nized fire organizations and representatives of 

18 institutions of higher education, representatives 

19 of associations of institutions of higher edu20 cation, and other organizations that represent 

21 and house a significant number of students— 

22 ‘‘(i) identify exemplary fire safety poli23 cies, procedures, programs, and practices; 


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1 ‘‘(ii) disseminate information to the 

2 Administrator of the United States Fire Ad3 ministration; 

4 ‘‘(iii) make available to the public in5 formation concerning those policies, proce6 dures, programs, and practices that have 

7 proven effective in the reduction of fires; 

8 and 

9 ‘‘(iv) develop a protocol for institutions 

10 to review the status of their fire safety sys11 tems. 

12 ‘‘(5) RULES OF CONSTRUCTION.—Nothing in this 

13 subsection shall be construed to— 

14 ‘‘(A) authorize the Secretary to require par15 ticular policies, procedures, programs, or prac16 tices by institutions of higher education with re17 spect to fire safety, other than with respect to the 

18 collection, reporting, and dissemination of infor19 mation required by this subsection; 

20 ‘‘(B) affect the Family Educational Rights 

21 and Privacy Act of 1974 or the regulations 

22 issued under section 264 of the Health Insurance 

23 Portability and Accountability Act of 1996 (42 

24 U.S.C. 1320d–2 note); 


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1 ‘‘(C) create a cause of action against any 

2 institution of higher education or any employee 

3 of such an institution for any civil liability; and 

4 ‘‘(D) establish any standard of care. 

5 ‘‘(6) COMPLIANCE REPORT.—The Secretary shall 

6 annually report to the authorizing committees regard7 ing compliance with this subsection by institutions of 

8 higher education, including an up-to-date report on 

9 the Secretary’s monitoring of such compliance. 

10 ‘‘(7) EVIDENCE.—Notwithstanding any other 

11 provision of law, evidence regarding compliance or 

12 noncompliance with this subsection shall not be ad13 missible as evidence in any proceeding of any court, 

14 agency, board, or other entity, except with respect to 

15 an action to enforce this subsection.’’. 

16 SEC. 478. ENTRANCE COUNSELING REQUIRED. 

17 Section 485 (as amended by section 477) is further 

18 amended— 

19 (1) by redesignating subsections (b) through (i) 

20 as subsections (c) through (j), respectively; and 

21 (2) by inserting after subsection (a) the fol22 lowing: 

23 ‘‘(b) ENTRANCE COUNSELING FOR BORROWERS.— 

24 ‘‘(1) DISCLOSURE REQUIRED PRIOR TO DIS25 BURSEMENT.— 


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1 ‘‘(A) IN GENERAL.—Each eligible institu2 tion shall, at or prior to the time of a disburse3 ment to a first-time student borrower of a loan 

4 made, insured, or guaranteed under part B or D, 

5 ensure that the borrower receives comprehensive 

6 information on the terms and conditions of the 

7 loan and the responsibilities the borrower has 

8 with respect to such loan. Such information shall 

9 be provided in simple and understandable terms 

10 and may be provided— 

11 ‘‘(i) during an entrance counseling ses12 sion conducted in person; 

13 ‘‘(ii) on a separate written form pro14 vided to the borrower that the borrower 

15 signs and returns to the institution; or 

16 ‘‘(iii) online, with the borrower ac17 knowledging receipt and understanding of 

18 the information. 

19 ‘‘(B) USE OF INTERACTIVE PROGRAMS.— 

20 The Secretary shall encourage institutions to 

21 carry out the requirements of subparagraph (A) 

22 through the use of interactive programs that test 

23 the borrowers’ understanding of the terms and 

24 conditions of the borrowers’ loans under part B 


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1 or D, using comprehensible language and dis2 plays with clear formatting. 

3 ‘‘(2) INFORMATION TO BE PROVIDED.—The infor4 mation provided to the borrower under paragraph 

5 (1)(A) shall include— 

6 ‘‘(A) an explanation of the use of the Master 

7 Promissory Note; 

8 ‘‘(B) in the case of a loan made under sec9 tion 428B or 428H, a Federal Direct PLUS 

10 Loan, or a Federal Direct Unsubsidized Stafford 

11 Loan— 

12 ‘‘(i) the ability of the borrower to pay 

13 the interest while the borrower is in school; 

14 and 

15 ‘‘(ii) how often interest is capitalized; 

16 ‘‘(C) the definition of half-time enrollment 

17 at the institution, during regular terms and 

18 summer school, if applicable, and the con19 sequences of not maintaining half-time enroll20 ment; 

21 ‘‘(D) an explanation of the importance of 

22 contacting the appropriate institutional offices if 

23 the borrower withdraws prior to completing the 

24 borrower’s program of study so that the institu25 tion can provide exit counseling, including inforVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00845 Fmt 6652 Sfmt 6203 E:\BILLS\S1642.RS S1642

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1 mation regarding the borrower’s repayment op2 tions and loan consolidation; 

3 ‘‘(E) the obligation of the borrower to repay 

4 the full amount of the loan even if the borrower 

5 does not complete the program in which the bor6 rower is enrolled; 

7 ‘‘(F) information on the National Student 

8 Loan Data System and how the borrower can 

9 access the borrower’s records; and 

10 ‘‘(G) the name of an individual the bor11 rower may contact if the borrower has any ques12 tions about the borrower’s rights and responsibil13 ities or the terms and conditions of the loan.’’. 

14 SEC. 479. NATIONAL STUDENT LOAN DATA SYSTEM. 

15 Section 485B (20 U.S.C. 1092b) is amended— 

16 (1) in subsection (a)— 

17 (A) by redesignating paragraphs (6) 

18 through (10) as paragraphs (7) through (11), re19 spectively; 

20 (B) in paragraph (5) (as added by Public 

21 Law 101–610), by striking ‘‘effectiveness.’’ and 

22 inserting ‘‘effectiveness;’’; and 

23 (C) by redesignating paragraph (5) (as 

24 added by Public Law 101–234) as paragraph 

25 (6); 


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1 (2) by redesignating subsections (d) through (g) 

2 as subsections (e) through (h), respectively; and 

3 (3) by inserting after subsection (c) the fol4 lowing: 

5 ‘‘(d) PRINCIPLES FOR ADMINISTERING THE DATA SYS6 TEM.—In managing the National Student Loan Data Sys7 tem, the Secretary shall take actions necessary to maintain 

8 confidence in the data system, including, at a minimum— 

9 ‘‘(1) ensuring that the primary purpose of access 

10 to the data system by guaranty agencies, eligible lend11 ers, and eligible institutions of higher education is for 

12 legitimate program operations, such as the need to 

13 verify the eligibility of a student, potential student, or 

14 parent for loans under part B, D, or E; 

15 ‘‘(2) prohibiting nongovernmental researchers 

16 and policy analysts from accessing personally identi17 fiable information; 

18 ‘‘(3) creating a disclosure form for students and 

19 potential students that is distributed when such stu20 dents complete the common financial reporting form 

21 under section 483, and as a part of the exit coun22 seling process under section 485(b), that— 

23 ‘‘(A) informs the students that any title IV 

24 grant or loan the students receive will be in25 cluded in the National Student Loan Data SysVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00847 Fmt 6652 Sfmt 6203 E:\BILLS\S1642.RS S1642

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1 tem, and instructs the students on how to access 

2 that information; 

3 ‘‘(B) describes the categories of individuals 

4 or entities that may access the data relating to 

5 such grant or loan through the data system, and 

6 for what purposes access is allowed; 

7 ‘‘(C) defines and explains the categories of 

8 information included in the data system; 

9 ‘‘(D) provides a summary of the provisions 

10 of the Family Educational Rights and Privacy 

11 Act of 1974 and other applicable Federal privacy 

12 statutes, and a statement of the students’ rights 

13 and responsibilities with respect to such statutes; 

14 ‘‘(E) explains the measures taken by the De15 partment to safeguard the students’ data; 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, stu21 dent, 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, eligible 

2 lenders, and eligible institutions of higher edu3 cation determined by the Secretary to be author4 ized users of the data system; 

5 ‘‘(5) regularly reviewing the data system to— 

6 ‘‘(A) delete inactive users from the data sys7 tem; 

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 data 

19 system to monitor whether access has been or is 

20 being used contrary to the purposes of the data 

21 system; 

22 ‘‘(B) defining the steps necessary for deter23 mining whether, and how, to deny or restrict ac24 cess 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 denial 

3 or restriction of access.’’; and 

4 (4) by striking subsection (e) (as redesignated by 

5 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 pre9 pare 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 monitor 

21 how the system is being used, relative to the in22 tended 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 ability 

5 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 risk 

10 assessment required under subchapter III of 

11 chapter 35 of title 44, United States Code. 

12 ‘‘(B) SUBMISSION OF STUDY.—Not later 

13 than 3 years after the date of enactment of the 

14 Higher Education Amendments of 2007, the Sec15 retary shall prepare and submit a report on the 

16 findings of the study to the appropriate commit17 tees of Congress.’’. 

18 SEC. 480. EARLY AWARENESS OF FINANCIAL AID ELIGI19 BILITY. 

20 Part G of title IV (20 U.S.C. 1088 et seq.) is further 

21 amended by inserting after section 485D (20 U.S.C. 1092c) 

22 the following: 


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1 ‘‘SEC. 485E. EARLY AWARENESS OF FINANCIAL AID ELIGI2 BILITY. 

3 ‘‘(a) IN GENERAL.—The Secretary shall implement, in 

4 cooperation with States, institutions of higher education, 

5 secondary schools, middle schools, early intervention and 

6 outreach programs under this title, other agencies and orga7 nizations involved in student financial assistance and col8 lege access, public libraries, community centers, employers, 

9 and businesses, a comprehensive system of early financial 

10 aid information in order to provide students and families 

11 with early information about financial aid and early esti12 mates of such students’ eligibility for financial aid from 

13 multiple sources. Such system shall include the activities 

14 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 students, 

20 who receive or are eligible to receive benefits 

21 under a Federal means-tested benefit program 

22 (including the food stamp program under the 

23 Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.)) 

24 or another such benefit program as determined 

25 by the Secretary, of such students’ potential eliVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00852 Fmt 6652 Sfmt 6203 E:\BILLS\S1642.RS S1642

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1 gibility for a maximum Federal Pell Grant 

2 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 school 

10 students, shall make special efforts to notify students 

11 and their parents of the availability of financial aid 

12 under this title and, in accordance with subsection 

13 (c), shall provide nonbinding estimates of grant and 

14 loan aid that an individual may be eligible for under 

15 this title upon completion of an application form 

16 under section 483(a). The Secretary shall ensure that 

17 such information is as accurate as possible and that 

18 such information is provided in an age-appropriate 

19 format using dissemination mechanisms suitable for 

20 students in middle school. 

21 ‘‘(3) SECONDARY SCHOOL STUDENTS.—The Sec22 retary, 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 secVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00853 Fmt 6652 Sfmt 6203 E:\BILLS\S1642.RS S1642

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1 ondary school students, shall make special efforts to 

2 notify students in secondary school and their parents, 

3 as early as possible but not later than such students’ 

4 junior year of secondary school, of the availability of 

5 financial aid under this title and, in accordance with 

6 subsection (c), shall provide nonbinding estimates of 

7 the amounts of grant and loan aid that an individual 

8 may be eligible for under this title upon completion 

9 of an application form under section 483(a). The Sec10 retary shall ensure that such information is as accu11 rate as possible and that such information is provided 

12 in an age-appropriate format using dissemination 

13 mechanisms suitable for students in secondary school. 

14 ‘‘(4) ADULT LEARNERS.—The Secretary, in co15 operation with States, institutions of higher edu16 cation, other organizations involved in college access 

17 and student financial aid, employers, workforce in18 vestment boards and public libraries, shall make spe19 cial efforts to provide individuals who would qualify 

20 as independent students, as defined in section 480(d), 

21 with information regarding the availability of finan22 cial aid under this title and, in accordance with sub23 section (c), with nonbinding estimates of the amounts 

24 of grant and loan aid that an individual may be eli25 gible for under this title upon completion of an appliVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00854 Fmt 6652 Sfmt 6203 E:\BILLS\S1642.RS S1642

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1 cation form under section 483(a). The Secretary shall 

2 ensure that such information— 

3 ‘‘(A) is as accurate as possible; 

4 ‘‘(B) includes specific information regard5 ing the availability of financial aid for students 

6 qualified as independent students, as defined in 

7 section 480(d); and 

8 ‘‘(C) uses dissemination mechanisms suit9 able for adult learners. 

10 ‘‘(5) PUBLIC AWARENESS CAMPAIGN.—Not later 

11 than 2 years after the date of enactment of the Higher 

12 Education Amendments of 2007, the Secretary, in co13 ordination with States, institutions of higher edu14 cation, early intervention and outreach programs 

15 under this title, other agencies and organizations in16 volved in student financial aid, local educational 

17 agencies, public libraries, community centers, busi18 nesses, employers, employment services, workforce in19 vestment boards, and movie theaters, shall implement 

20 a public awareness campaign in order to increase na21 tional awareness regarding the availability of finan22 cial aid under this title. The public awareness cam23 paign shall disseminate accurate information regard24 ing the availability of financial aid under this title 

25 and shall be implemented, to the extent practicable, 


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1 using a variety of media, including print, television, 

2 radio and the Internet. The Secretary shall design 

3 and implement the public awareness campaign based 

4 upon relevant independent research and the informa5 tion and dissemination strategies found most effective 

6 in implementing paragraphs (1) through (4). 

7 ‘‘(c) AVAILABILITY OF NONBINDING ESTIMATES OF

8 FEDERAL FINANCIAL AID ELIGIBILITY.— 

9 ‘‘(1) IN GENERAL.—The Secretary, in coopera10 tion with States, institutions of higher education, and 

11 other agencies and organizations involved in student 

12 financial aid, shall provide, via a printed form and 

13 the Internet or other electronic means, the capability 

14 for individuals to determine easily, by entering rel15 evant data, nonbinding estimates of amounts of grant 

16 and loan aid an individual may be eligible for under 

17 this title upon completion and processing of an appli18 cation and enrollment in an institution of higher edu19 cation. 

20 ‘‘(2) DATA ELEMENTS.—The Secretary, in co21 operation with States, institutions of higher edu22 cation, and other agencies and organizations involved 

23 in student financial aid, shall determine the data ele24 ments that are necessary to create a simplified form 

25 that individuals can use to obtain easily nonbinding 


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1 estimates of the amounts of grant and loan aid an in2 dividual may be eligible for under this title. 

3 ‘‘(3) QUALIFICATION TO USE SIMPLIFIED APPLI4 CATION.—The capability provided under this para5 graph shall include the capability to determine wheth6 er the individual is eligible to submit a simplified ap7 plication form under paragraph (2)(B) or (3)(B) of 

8 section 483(a).’’. 

9 SEC. 481. PROGRAM PARTICIPATION AGREEMENTS. 

10 Section 487 (20 U.S.C. 1094) is amended— 

11 (1) in subsection (a)— 

12 (A) by redesignating paragraphs (21), (22), 

13 and (23) as paragraphs (22), (23), and (24), re14 spectively; 

15 (B) by inserting after paragraph (20) the 

16 following: 

17 ‘‘(21) CODE OF CONDUCT.— 

18 ‘‘(A) IN GENERAL.—The institution will es19 tablish, follow, and enforce a code of conduct re20 garding student loans that includes not less than 

21 the following: 

22 ‘‘(i) REVENUE SHARING PROHIBI23 TION.—The institution is prohibited from 

24 receiving anything of value from any lender 

25 in exchange for any advantage sought by 


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1 the lender to make educational loans to a 

2 student enrolled, or who is expected to be 

3 enrolled, at the institution, except that an 

4 institution shall not be prohibited from re5 ceiving a philanthropic contribution from a 

6 lender if the contribution is not made in ex7 change for any such advantage. 

8 ‘‘(ii) GIFT AND TRIP PROHIBITION.— 

9 Any employee who is employed in the fi10 nancial aid office of the institution, or who 

11 otherwise has responsibilities with respect to 

12 educational loans or other financial aid of 

13 the institution, is prohibited from taking 

14 from any lender any gift or trip worth more 

15 than nominal value, except for reasonable 

16 expenses for professional development that 

17 will improve the efficiency and effectiveness 

18 of programs under this title and for domes19 tic travel to such professional development. 

20 ‘‘(iii) CONTRACTING ARRANGE21 MENTS.—Any employee who is employed in 

22 the financial aid office of the institution, or 

23 who otherwise has responsibilities with re24 spect to educational loans or other financial 

25 aid of the institution, shall be prohibited 


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1 from entering into any type of consulting 

2 arrangement or other contract to provide 

3 services to a lender. 

4 ‘‘(iv) ADVISORY BOARD COMPENSA5 TION.—Any employee who is employed in 

6 the financial aid office of the institution, or 

7 who otherwise has responsibilities with re8 spect to educational loans or other student 

9 financial aid of the institution, and who 

10 serves on an advisory board, commission, or 

11 group established by a lender or group of 

12 lenders shall be prohibited from receiving 

13 anything of value from the lender or group 

14 of lenders, except that the employee may be 

15 reimbursed for reasonable expenses incurred 

16 in serving on such advisory board, commis17 sion or group. 

18 ‘‘(v) INTERACTION WITH BOR19 ROWERS.—The institution will not— 

20 ‘‘(I) for any first-time borrower, 

21 assign, through award packaging or 

22 other methods, the borrower’s loan to a 

23 particular lender; and 

24 ‘‘(II) refuse to certify, or, delay 

25 certification of, any loan in accordance 


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1 with paragraph (6) based on the bor2 rower’s selection of a particular lender 

3 or guaranty agency. 

4 ‘‘(B) DESIGNATION.—The institution will 

5 designate an individual who shall be responsible 

6 for signing an annual attestation on behalf of 

7 the institution that the institution agrees to, and 

8 is in compliance with, the requirements of the 

9 code of conduct described in this paragraph. 

10 Such individual shall be the chief executive offi11 cer, chief operating officer, chief financial officer, 

12 or comparable official, of the institution, and 

13 shall annually submit the signed attestation to 

14 the Secretary. 

15 ‘‘(C) AVAILABILITY.—The institution will 

16 make the code of conduct widely available to the 

17 institution’s faculty members, students, and par18 ents through a variety of means, including the 

19 institution’s website.’’; 

20 (C) in paragraph (24) (as redesignated by 

21 subparagraph (A)), by adding at the end the fol22 lowing: 

23 ‘‘(D) In the case of a proprietary institu24 tion of higher education as defined in section 

25 102(b), the institution shall be considered in 


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1 compliance with the requirements of subpara2 graph (A) for any student to whom the institu3 tion electronically transmits a message con4 taining a voter registration form acceptable for 

5 use in the State in which the institution is lo6 cated, or an Internet address where such a form 

7 can be downloaded, if such information is in an 

8 electronic message devoted solely to voter reg9 istration.’’; and 

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

11 ‘‘(25) In the case of a proprietary institution of 

12 higher education as defined in section 102(b), the in13 stitution will, as calculated in accordance with sub14 section (h)(1), have not less than 10 percent of its rev15 enues from sources other than funds provided under 

16 this title, or will be subject to the sanctions described 

17 in subsection (h)(2). 

18 ‘‘(26) PREFERRED LENDER LISTS.— 

19 ‘‘(A) IN GENERAL.—In the case of an insti20 tution (including an employee or agent of an in21 stitution) that maintains a preferred lender list, 

22 in print or any other medium, through which the 

23 institution recommends one or more specific 

24 lenders for loans made under part B to the stuVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00861 Fmt 6652 Sfmt 6203 E:\BILLS\S1642.RS S1642

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1 dents attending the institution (or the parents of 

2 such students), the institution will— 

3 ‘‘(i) clearly and fully disclose on the 

4 preferred lender list— 

5 ‘‘(I) why the institution has in6 cluded each lender as a preferred lend7 er, especially with respect to terms and 

8 conditions favorable to the borrower; 

9 and 

10 ‘‘(II) that the students attending 

11 the institution (or the parents of such 

12 students) do not have to borrow from a 

13 lender on the preferred lender list; 

14 ‘‘(ii) ensure, through the use of the list 

15 provided by the Secretary under subpara16 graph (C), that— 

17 ‘‘(I) there are not less than 3 lend18 ers named on the preferred lending list 

19 that are not affiliates of each other; 

20 and 

21 ‘‘(II) the preferred lender list— 

22 ‘‘(aa) specifically indicates, 

23 for each lender on the list, whether 

24 the lender is or is not an affiliate 


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1 of each other lender on the list; 

2 and 

3 ‘‘(bb) if the lender is an affil4 iate of another lender on the list, 

5 describes the specifics of such af6 filiation; and 

7 ‘‘(iii) establish a process to ensure that 

8 lenders are placed upon the preferred lender 

9 list on the basis of the benefits provided to 

10 borrowers, including — 

11 ‘‘(I) highly competitive interest 

12 rates, terms, or conditions for loans 

13 made under part B; 

14 ‘‘(II) high-quality customer serv15 ice for such loans; or 

16 ‘‘(III) additional benefits beyond 

17 the standard terms and conditions for 

18 such loans. 

19 ‘‘(B) DEFINITION OF AFFILIATE; CON20 TROL.— 

21 ‘‘(i) DEFINITION OF AFFILIATE.—For 

22 the purposes of subparagraph (A)(ii) the 

23 term ‘affiliate’ means a person that con24 trols, is controlled by, or is under common 

25 control with, another person. 


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1 ‘‘(ii) CONTROL.—For purposes of sub2 paragraph (A)(ii), a person has control over 

3 another person if— 

4 ‘‘(I) the person directly or indi5 rectly, or acting through 1 or more oth6 ers, owns, controls, or has the power to 

7 vote 5 percent or more of any class of 

8 voting securities of such other person; 

9 ‘‘(II) the person controls, in any 

10 manner, the election of a majority of 

11 the directors or trustees of such other 

12 person; or 

13 ‘‘(III) the Secretary determines 

14 (after notice and opportunity for a 

15 hearing) that the person directly or in16 directly exercises a controlling interest 

17 over the management or policies of 

18 such other person. 

19 ‘‘(C) LIST OF LENDER AFFILIATES.—The 

20 Secretary, in consultation with the Director of 

21 the Federal Deposit Insurance Corporation, shall 

22 maintain and update a list of lender affiliates of 

23 all eligible lenders, and shall provide such list to 

24 the eligible institutions for use in carrying out 

25 subparagraph (A).’’; 


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1 (2) in subsection (c)(1)(A)(i), by inserting ‘‘, ex2 cept that the Secretary may modify the requirements 

3 of this clause with regard to an institution outside the 

4 United States’’ before the semicolon at the end; 

5 (3) by redesignating subsections (d) and (e) as 

6 subsection (f) and (g), respectively; 

7 (4) by inserting after subsection (c) the fol8 lowing: 

9 ‘‘(d) INSTITUTIONAL REQUIREMENTS FOR TEACH10 OUTS.— 

11 ‘‘(1) IN GENERAL.—In the event the Secretary 

12 initiates the limitation, suspension, or termination of 

13 the participation of an institution of higher education 

14 in any program under this title under the authority 

15 of subsection (c)(1)(F) or initiates an emergency ac16 tion under the authority of subsection (c)(1)(G) and 

17 its prescribed regulations, the Secretary shall require 

18 that institution to prepare a teach-out plan for sub19 mission to the institution’s accrediting agency or as20 sociation in compliance with section 496(c)(4), the 

21 Secretary’s regulations on teach-out plans, and the 

22 standards of the institution’s accrediting agency or 

23 association. 

24 ‘‘(2) TEACH-OUT PLAN DEFINED.—In this sub25 section, the term ‘teach-out plan’ means a written 


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1 plan that provides for the equitable treatment of stu2 dents if an institution of higher education ceases to 

3 operate before all students have completed their pro4 gram of study, and may include, if required by the 

5 institution’s accrediting agency or association, an 

6 agreement between institutions for such a teach-out 

7 plan. 

8 ‘‘(e) VIOLATION OF CODE OF CONDUCT REGARDING

9 STUDENT LOANS.— 

10 ‘‘(1) IN GENERAL.—Upon a finding by the Sec11 retary, after reasonable notice and an opportunity for 

12 a hearing, that an institution of higher education 

13 that has entered into a program participation agree14 ment with the Secretary under subsection (a) willfully 

15 contravened the institution’s attestation of compliance 

16 with the provisions of subsection (a)(21), the Sec17 retary may impose a penalty described in paragraph 

18 (2). 

19 ‘‘(2) PENALTIES.—A violation of paragraph (1) 

20 shall result in the limitation, suspension, or termi21 nation of the eligibility of the institution for the loan 

22 programs under this title.’’; and 

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

24 ‘‘(h) IMPLEMENTATION OF NONTITLE IV REVENUE RE25 QUIREMENT.— 


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1 ‘‘(1) CALCULATION.—In carrying out subsection 

2 (a)(27), a proprietary institution of higher education 

3 (as defined in section 102(b)) shall use the cash basis 

4 of accounting and count the following funds as from 

5 sources of funds other than funds provided under this 

6 title: 

7 ‘‘(A) Funds used by students from sources 

8 other than funds received under this title to pay 

9 tuition, fees, and other institutional charges to 

10 the institution, provided the institution can rea11 sonably demonstrate that such funds were used 

12 for such purposes. 

13 ‘‘(B) Funds used by the institution to sat14 isfy matching-fund requirements for programs 

15 under this title. 

16 ‘‘(C) Funds used by a student from savings 

17 plans for educational expenses established by or 

18 on behalf of the student and which qualify for 

19 special tax treatment under the Internal Revenue 

20 Code of 1986. 

21 ‘‘(D) Funds paid by a student, or on behalf 

22 of a student by a party other than the institu23 tion, to the institution for an education or train24 ing program that is not eligible for funds under 

25 this title, provided that the program is approved 


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1 or licensed by the appropriate State agency or 

2 an accrediting agency recognized by the Sec3 retary. 

4 ‘‘(E) Funds generated by the institution 

5 from institutional activities that are necessary 

6 for the education and training of the institu7 tion’s students, if such activities are— 

8 ‘‘(i) conducted on campus or at a facil9 ity under the control of the institution; 

10 ‘‘(ii) performed under the supervision 

11 of a member of the institution’s faculty; and 

12 ‘‘(iii) required to be performed by all 

13 students in a specific educational program 

14 at the institution. 

15 ‘‘(F) Institutional aid, as follows: 

16 ‘‘(i) In the case of loans made by the 

17 institution, only the amount of loan repay18 ments received by the institution during the 

19 fiscal year for which the determination is 

20 made. 

21 ‘‘(ii) In the case of scholarships pro22 vided by the institution, only those scholar23 ship funds provided by the institution that 

24 are— 


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1 ‘‘(I) in the form of monetary aid 

2 based upon the academic achievements 

3 or financial need of students; and 

4 ‘‘(II) disbursed during the fiscal 

5 year for which the determination is 

6 made from an established restricted ac7 count and only to the extent that the 

8 funds in that account represent des9 ignated funds from an outside source 

10 or income earned on those funds. 

11 ‘‘(iii) In the case of tuition discounts, 

12 only those tuition discounts based upon the 

13 academic achievement or financial need of 

14 students. 

15 ‘‘(2) SANCTIONS.— 

16 ‘‘(A) FAILURE TO MEET REQUIREMENT FOR

17 1 YEAR.—In addition to such other means of en18 forcing the requirements of this title as may be 

19 available to the Secretary, if an institution fails 

20 to meet the requirements of subsection (a)(27) in 

21 any year, the Secretary may impose 1 or both of 

22 the following sanctions on the institution: 

23 ‘‘(i) Place the institution on provi24 sional certification in accordance with sec25 tion 498(h) until the institution demVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00869 Fmt 6652 Sfmt 6203 E:\BILLS\S1642.RS S1642

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1 onstrates, to the satisfaction of the Sec2 retary, that it is in compliance with sub3 section (a)(27). 

4 ‘‘(ii) Require such other increased 

5 monitoring and reporting requirements as 

6 the Secretary determines necessary until the 

7 institution demonstrates, to the satisfaction 

8 of the Secretary, that it is in compliance 

9 with subsection (a)(27). 

10 ‘‘(B) FAILURE TO MEET REQUIREMENT FOR

11 2 YEARS.—An institution that fails to meet the 

12 requirements of subsection (a)(27) for 2 consecu13 tive years shall be ineligible to participate in the 

14 programs authorized under this title until the 

15 institution demonstrates, to the satisfaction of 

16 the Secretary, that it is in compliance with sub17 section (a)(27). 

18 ‘‘(3) PUBLIC AVAILABILITY OF INFORMATION.— 

19 The Secretary shall make publicly available, through 

20 the means described in subsection (b) of section 131, 

21 any institution that fails to meet the requirements of 

22 subsection (a)(27) in any year as an institution that 

23 is failing to meet the minimum non-Federal source of 

24 revenue requirements of such subsection (a)(27).’’. 


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1 SEC. 482. REGULATORY RELIEF AND IMPROVEMENT. 

2 Section 487A(b) (20 U.S.C. 1094a(b)) is amended— 

3 (1) in paragraph (1)— 

4 (A) by striking ‘‘1998’’ and inserting 

5 ‘‘2007’’ ; and 

6 (B) by striking ‘‘1999’’ and inserting 

7 ‘‘2008’’; and 

8 (2) by striking the matter preceding paragraph 

9 (2)(A) and inserting the following: 

10 ‘‘(2) REPORT.—The Secretary shall review and 

11 evaluate the experience of institutions participating 

12 as experimental sites and shall, on a biennial basis, 

13 submit a report based on the review and evaluation 

14 to the authorizing committees. Such report shall in15 clude—’’; and 

16 (3) in paragraph (3)— 

17 (A) in subparagraph (A)— 

18 (i) by striking ‘‘Upon the submission 

19 of the report required by paragraph (2), 

20 the’’ and inserting ‘‘The’’; and 

21 (ii) by inserting ‘‘periodically’’ after 

22 ‘‘authorized to’’; 

23 (B) by striking subparagraph (B); 

24 (C) by redesignating subparagraph (C) as 

25 subparagraph (B); and 


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1 (D) in subparagraph (B) (as redesignated 

2 by subparagraph (C))— 

3 (i) by inserting ‘‘, including require4 ments related to the award process and dis5 bursement of student financial aid (such as 

6 innovative delivery systems for modular or 

7 compressed courses, or other innovative sys8 tems), verification of student financial aid 

9 application data, entrance and exit inter10 views, or other management procedures or 

11 processes as determined in the negotiated 

12 rulemaking process under section 492’’ after 

13 ‘‘requirements in this title’’; 

14 (ii) by inserting ‘‘(other than an 

15 award rule related to an experiment in 

16 modular or compressed schedules)’’ after 

17 ‘‘award rules’’; and 

18 (iii) by inserting ‘‘unless the waiver of 

19 such provisions is authorized by another 

20 provision under this title’’ before the period 

21 at the end. 

22 SEC. 483. TRANSFER OF ALLOTMENTS. 

23 Section 488 (20 U.S.C. 1095) is amended in the first 

24 sentence— 


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

2 semicolon; 

3 (2) in paragraph (2), by striking ‘‘413D.’’ and 

4 inserting ‘‘413D; and’’; and 

5 (3) by adding at the end ‘‘(3) transfer 25 percent 

6 of the institution’s allotment under section 413D to 

7 the institution’s allotment under section 442.’’. 

8 SEC. 484. PURPOSE OF ADMINISTRATIVE PAYMENTS. 

9 Section 489(b) (20 U.S.C. 1096(b)) is amended by 

10 striking ‘‘offsetting the administrative costs of’’ and insert11 ing ‘‘administering’’. 

12 SEC. 485. ADVISORY COMMITTEE ON STUDENT FINANCIAL 

13 ASSISTANCE. 

14 Section 491 (20 U.S.C. 1098) is amended— 

15 (1) in subsection (a)(2)— 

16 (A) in subparagraph (B), by striking ‘‘and’’ 

17 after the semicolon; 

18 (B) in subparagraph (C), by striking the 

19 period and inserting a semicolon; and 

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

21 ‘‘(D) to provide knowledge and under22 standing of early intervention programs, and to 

23 make recommendations that will result in early 

24 awareness by low- and moderate-income students 

25 and families— 


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1 ‘‘(i) of their eligibility for assistance 

2 under this title; and 

3 ‘‘(ii) to the extent practicable, of their 

4 eligibility for other forms of State and insti5 tutional need-based student assistance; and 

6 ‘‘(E) to make recommendations that will ex7 pand and improve partnerships among the Fed8 eral Government, States, institutions of higher 

9 education, and private entities to increase the 

10 awareness and the total amount of need-based 

11 student assistance available to low- and mod12 erate-income students.’’; 

13 (2) in subsection (c), by adding at the end the 

14 following: 

15 ‘‘(3) The appointment of a member under subpara16 graph (A) or (B) of paragraph (1) shall be effective upon 

17 confirmation of the member by the Senate and publication 

18 of such appointment in the Congressional Record.’’; 

19 (3) in subsection (d)(6), by striking ‘‘, but noth20 ing’’ and all that follows through ‘‘or analyses’’; 

21 (4) in subsection (j)— 

22 (A) in paragraph (1)— 

23 (i) by inserting ‘‘and simplification’’ 

24 after ‘‘modernization’’ each place the term 

25 appears; and 


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1 (ii) by striking ‘‘including’’ and all 

2 that follows through ‘‘Department,’’; and 

3 (B) by striking paragraphs (4) and (5) and 

4 inserting the following: 

5 ‘‘(4) conduct a review and analysis of regula6 tions in accordance with subsection (l); and 

7 ‘‘(5) conduct a study in accordance with sub8 section (m).’’; 

9 (5) in subsection (k), by striking ‘‘2004’’ and in10 serting ‘‘2013’’; and 

11 (6) by adding at the end the following: 

12 ‘‘(l) REVIEW AND ANALYSIS OF REGULATIONS.— 

13 ‘‘(1) RECOMMENDATIONS.—The Advisory Com14 mittee shall make recommendations to the Secretary 

15 and Congress for consideration of future legislative 

16 action regarding redundant or outdated regulations 

17 under this title, consistent with the Secretary’s re18 quirements under section 498B. 

19 ‘‘(2) REVIEW AND ANALYSIS OF REGULATIONS.— 

20 The Advisory Committee shall conduct a review and 

21 analysis of the regulations issued under this title that 

22 are in effect at the time of the review and that apply 

23 to the operations or activities of participants in the 

24 programs assisted under this title. The review and 

25 analysis may include a determination of whether the 


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1 regulation is duplicative, is no longer necessary, is 

2 inconsistent with other Federal requirements, or is 

3 overly burdensome. In conducting the review, the Ad4 visory Committee shall pay specific attention to eval5 uating ways in which regulations under this title af6 fecting institutions of higher education (other than 

7 institutions described in section 102(a)(1)(C)), that 

8 have received in each of the 2 most recent award 

9 years prior to the date of enactment of the Higher 

10 Education Amendments of 2007 less than $200,000 in 

11 funds through this title, may be improved, stream12 lined, or eliminated. 

13 ‘‘(3) CONSULTATION.— 

14 ‘‘(A) IN GENERAL.—In carrying out the re15 view and analysis under paragraph (2), the Ad16 visory Committee shall consult with the Sec17 retary, relevant representatives of institutions of 

18 higher education, and individuals who have ex19 pertise and experience with the regulations 

20 issued under this title, in accordance with sub21 paragraph (B). 

22 ‘‘(B) REVIEW PANELS.—The Advisory Com23 mittee shall convene not less than 2 review pan24 els of representatives of the groups involved in 

25 student financial assistance programs under this 


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1 title who have experience and expertise in the 

2 regulations issued under this title to review the 

3 regulations under this title, and to provide rec4 ommendations to the Advisory Committee with 

5 respect to the review and analysis under para6 graph (2). The panels shall be made up of ex7 perts in areas such as the operations of the fi8 nancial assistance programs, the institutional 

9 eligibility requirements for the financial assist10 ance programs, regulations not directly related 

11 to the operations or the institutional eligibility 

12 requirements of the financial assistance pro13 grams, and regulations for dissemination of in14 formation to students about the financial assist15 ance programs. 

16 ‘‘(4) REPORTS TO CONGRESS.—The Advisory 

17 Committee shall submit, not later than 2 years after 

18 the completion of the negotiated rulemaking process 

19 required under section 492 resulting from the amend20 ments to this Act made by the Higher Education 

21 Amendments of 2007, a report to the authorizing 

22 committees and the Secretary detailing the expert 

23 panels’ findings and recommendations with respect to 

24 the review and analysis under paragraph (2). 


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1 ‘‘(5) ADDITIONAL SUPPORT.—The Secretary and 

2 the Inspector General of the Department shall provide 

3 such assistance and resources to the Advisory Com4 mittee as the Secretary and Inspector General deter5 mine are necessary to conduct the review required by 

6 this subsection. 

7 ‘‘(m) STUDY OF INNOVATIVE PATHWAYS TO BACCA8 LAUREATE DEGREE ATTAINMENT.— 

9 ‘‘(1) STUDY REQUIRED.—The Advisory Com10 mittee shall conduct a study of the feasibility of in11 creasing baccalaureate degree attainment rates by re12 ducing the costs and financial barriers to attaining 

13 a baccalaureate degree through innovative programs. 

14 ‘‘(2) SCOPE OF STUDY.—The Advisory Com15 mittee shall examine new and existing programs that 

16 promote baccalaureate degree attainment through in17 novative ways, such as dual or concurrent enrollment 

18 programs, changes made to the Federal Pell Grant 

19 program, simplification of the needs analysis process, 

20 compressed or modular scheduling, articulation agree21 ments, and programs that allow 2-year institutions of 

22 higher education to offer baccalaureate degrees. 

23 ‘‘(3) REQUIRED ASPECTS OF THE STUDY.—In 

24 performing the study described in this subsection, the 


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1 Advisory Committee shall examine the following as2 pects of such innovative programs: 

3 ‘‘(A) The impact of such programs on bac4 calaureate attainment rates. 

5 ‘‘(B) The degree to which a student’s total 

6 cost of attaining a baccalaureate degree can be 

7 reduced by such programs. 

8 ‘‘(C) The ways in which low- and moderate9 income students can be specifically targeted by 

10 such programs. 

11 ‘‘(D) The ways in which nontraditional stu12 dents can be specifically targeted by such pro13 grams. 

14 ‘‘(E) The cost-effectiveness for the Federal 

15 Government, States, and institutions of higher 

16 education to implement such programs. 

17 ‘‘(4) CONSULTATION.— 

18 ‘‘(A) IN GENERAL.—In performing the 

19 study described in this subsection the Advisory 

20 Committee shall consult with a broad range of 

21 interested parties in higher education, including 

22 parents, students, appropriate representatives of 

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1 ministrators of dual or concurrent enrollment 

2 programs, and appropriate Department officials. 

3 ‘‘(B) CONGRESSIONAL CONSULTATION.—The 

4 Advisory Committee shall consult on a regular 

5 basis with the authorizing committees in car6 rying out the study required by this section. 

7 ‘‘(5) REPORTS TO CONGRESS.— 

8 ‘‘(A) INTERIM REPORT.—The Advisory 

9 Committee shall prepare and submit to the au10 thorizing committees and the Secretary an in11 terim report, not later than 1 year after the date 

12 of enactment of the Higher Education Amend13 ments of 2007, describing the progress that has 

14 been made in conducting the study required by 

15 this subsection and any preliminary findings on 

16 the topics identified under paragraph (2). 

17 ‘‘(B) FINAL REPORT.—The Advisory Com18 mittee shall, not later than 3 years after the date 

19 of enactment of the Higher Education Amend20 ments of 2007, prepare and submit to the au21 thorizing committees and the Secretary a final 

22 report on the study, including recommendations 

23 for legislative, regulatory, and administrative 

24 changes based on findings related to the topics 

25 identified under paragraph (2).’’. 


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1 SEC. 486. REGIONAL MEETINGS. 

2 Section 492(a)(1) (20 U.S.C. 1098a(a)(1)) is amended 

3 by inserting ‘‘State student grant agencies,’’ after ‘‘institu4 tions of higher education,’’. 

5 SEC. 487. YEAR 2000 REQUIREMENTS AT THE DEPARTMENT. 

6 (a) REPEAL.—Section 493A (20 U.S.C. 1098c) is re7 pealed. 

8 (b) REDESIGNATION.—Section 493B (20 U.S.C. 

9 1098d) is redesignated as section 493A. 

10 PART G—PROGRAM INTEGRITY 

11 SEC. 491. RECOGNITION OF ACCREDITING AGENCY OR AS12 SOCIATION. 

13 Section 496 (20 U.S.C. 1099b) is amended— 

14 (1) in subsection (a)— 

15 (A) by striking paragraph (4) and inserting 

16 the following: 

17 ‘‘(4)(A) such agency or association consistently 

18 applies and enforces standards that respect the stated 

19 mission of the institution of higher education, includ20 ing religious missions, and that ensure that the 

21 courses or programs of instruction, training, or study 

22 offered by the institution of higher education, includ23 ing distance education courses or programs, are of 

24 sufficient quality to achieve, for the duration of the 

25 accreditation period, the stated objective for which the 

26 courses or the programs are offered; and 


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1 ‘‘(B) if such agency or association has or seeks 

2 to include within its scope of recognition the evalua3 tion of the quality of institutions or programs offering 

4 distance education, such agency or association shall, 

5 in addition to meeting the other requirements of this 

6 subpart, demonstrate to the Secretary that— 

7 ‘‘(i) the agency or association’s standards 

8 effectively address the quality of an institution’s 

9 distance education in the areas identified in sec10 tion 496(a)(5), except that the agency or associa11 tion shall not be required to have separate stand12 ards, procedures or policies for the evaluation of 

13 distance education institutions or programs in 

14 order to meet the requirements of this subpara15 graph; and 

16 ‘‘(ii) the agency or association requires an 

17 institution that offers distance education to have 

18 processes through which the institution estab19 lishes that the student who registers in a distance 

20 education course or program is the same student 

21 who participates in and completes the program 

22 and receives the academic credit;’’; 

23 (B) in paragraph (5), by striking subpara24 graph (A) and inserting the following: 


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1 ‘‘(A) success with respect to student achieve2 ment in relation to the institution’s mission, 

3 which may include different standards for dif4 ferent institutions or programs, through the de5 termination of expected levels of student achieve6 ment that are established by the institution, and 

7 which use, as appropriate, empirical evidence 

8 and external indicators with respect to criteria 

9 regarding— 

10 ‘‘(i) student retention rates; 

11 ‘‘(ii) course completion rates; 

12 ‘‘(iii) program completion and gradua13 tion rates; 

14 ‘‘(iv) for prebaccalaureate career and 

15 technical education programs, degree pro16 grams leading to initial professional licen17 sure or certification, and other programs as 

18 appropriate— 

19 ‘‘(I) results on State licensing ex20 aminations; and 

21 ‘‘(II) job placement rates; 

22 ‘‘(v) as appropriate, enrollment in 

23 graduate or professional programs; and 


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1 ‘‘(vi) as appropriate, other student per2 formance information selected by the insti3 tution, particularly information— 

4 ‘‘(I) used by the institution to 

5 evaluate or strengthen the institution’s 

6 programs; and 

7 ‘‘(II) that reflects the institution’s 

8 individual mission and the institu9 tion’s distinctive goals for students;’’; 

10 (C) by striking paragraph (6) and inserting 

11 the following: 

12 ‘‘(6) such an agency or association shall establish 

13 and apply review procedures throughout the accred14 iting process, including evaluation and withdrawal 

15 proceedings which comply with due process procedures 

16 that provide for— 

17 ‘‘(A) adequate specification of requirements 

18 and deficiencies at the institution of higher edu19 cation or program examined; 

20 ‘‘(B) an opportunity for a written response 

21 by any such institution to be included, prior to 

22 final action, in the evaluation and withdrawal 

23 proceedings; 

24 ‘‘(C) upon the written request of an institu25 tion, an opportunity for the institution to appeal 


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1 any adverse action, including denial, with2 drawal, suspension, or termination of accredita3 tion, or placement on probation of an institu4 tion, at a hearing prior to such action becoming 

5 final, before an appeals panel that— 

6 ‘‘(i) shall not include current members 

7 of the agency or association’s underlying de8 cision-making body that made the adverse 

9 decision; and 

10 ‘‘(ii) is subject to a conflict of interest 

11 policy; and 

12 ‘‘(D) the right to representation by counsel 

13 for such an institution during an appeal of the 

14 adverse action;’’; and 

15 (D) by striking paragraph (8) and insert16 ing the following: 

17 ‘‘(8) such agency or association shall make avail18 able to the public and the State licensing or author19 izing agency, and submit to the Secretary, a sum20 mary of agency or association actions, including— 

21 ‘‘(A) the award of accreditation or re22 accreditation of an institution; 

23 ‘‘(B) final denial, withdrawal, suspension, 

24 or termination of accreditation, or placement on 

25 probation of an institution, and any findings 


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1 made in connection with the action taken, to2 gether with the official comments of the affected 

3 institution; and 

4 ‘‘(C) any other adverse action taken with 

5 respect to an institution.’’; 

6 (2) in subsection (c)— 

7 (A) in paragraph (1), by inserting ‘‘, in8 cluding those regarding distance education’’ after 

9 ‘‘their responsibilities’’; 

10 (B) by redesignating paragraphs (2) 

11 through (6) as paragraphs (5) through (9); 

12 (C) by inserting after paragraph (1) (as 

13 amended by subparagraph (A)) the following: 

14 ‘‘(2) ensures that the agency or association’s on15 site evaluation for accreditation or reaccreditation in16 cludes review of the Federally required information 

17 the institution or program provides its current and 

18 prospective students; 

19 ‘‘(3) monitors the growth of programs at institu20 tions that are experiencing significant enrollment 

21 growth; 

22 ‘‘(4) requires an institution to submit a teach23 out plan for approval to the accrediting agency upon 

24 the occurrence of any of the following events: 


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1 ‘‘(A) The Department notifies the accred2 iting agency of an action against the institution 

3 pursuant to section 487(d). 

4 ‘‘(B) The accrediting agency acts to with5 draw, terminate, or suspend the accreditation of 

6 an institution. 

7 ‘‘(C) The institution notifies the accrediting 

8 agency that the institution intends to cease oper9 ations.’’; 

10 (D) in paragraph (8) (as redesignated by 

11 subparagraph (B)), by striking ‘‘and’’ after the 

12 semicolon; 

13 (E) in subparagraph (9) (as redesignated 

14 by subparagraph (B)), by striking the period 

15 and inserting ‘‘; and’’; and 

16 (F) by adding at the end the following: 

17 ‘‘(10) confirms, as a part of the agency or asso18 ciation’s review for accreditation or reaccreditation, 

19 that the institution has transfer of credit policies— 

20 ‘‘(A) that are publicly disclosed; and 

21 ‘‘(B) that include a statement of whether the 

22 institution denies a transfer of credit based solely 

23 on the accreditation of the sending institution.’’; 

24 and 


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1 (3) in subsection (g), by adding at the end the 

2 following: ‘‘Nothing in this section shall be construed 

3 to permit the Secretary to establish any criteria that 

4 specifies, defines, or prescribes the standards that ac5 crediting agencies or associations shall use to assess 

6 any institution’s success with respect to student 

7 achievement.’’. 

8 SEC. 492. ADMINISTRATIVE CAPACITY STANDARD. 

9 Section 498 (20 U.S.C. 1099c) is amended— 

10 (1) in subsection (d)(1)(B), by inserting ‘‘and’’ 

11 after the semicolon; and 

12 (2) by adding at the end the following: 

13 ‘‘(k) TREATMENT OF TEACH-OUTS AT ADDITIONAL LO14 CATIONS.— 

15 ‘‘(1) IN GENERAL.—A location of a closed insti16 tution of higher education shall be eligible as an addi17 tional location of an eligible institution of higher edu18 cation, as defined pursuant to regulations of the Sec19 retary, for the purposes of a teach-out, if such teach20 out has been approved by the institution’s accrediting 

21 agency. 

22 ‘‘(2) SPECIAL RULE.—An institution of higher 

23 education that conducts a teach-out through the estab24 lishment of an additional location described in para25 graph (1) shall be permitted to establish a permanent 


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1 additional location at a closed institution and shall 

2 not be required— 

3 ‘‘(A) to meet the requirements of sections 

4 102(b)(1)(E) and 102(c)(1)(C) for such addi5 tional location; or 

6 ‘‘(B) to assume the liabilities of the closed 

7 institution.’’. 

8 SEC. 493. PROGRAM REVIEW AND DATA. 

9 Section 498A(b) (20 U.S.C. 1099c–1(b)) is amended— 

10 (1) in paragraph (4), by striking ‘‘and’’ after the 

11 semicolon; 

12 (2) in paragraph (5) by striking the period and 

13 inserting a semicolon; and 

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

15 ‘‘(6) provide to an institution of higher edu16 cation an adequate opportunity to review and re17 spond to any program review report and relevant ma18 terials related to the report before any final program 

19 review report is issued; 

20 ‘‘(7) review and take into consideration an insti21 tution of higher education’s response in any final 

22 program review report or audit determination, and 

23 include in the report or determination— 

24 ‘‘(A) a written statement addressing the in25 stitution 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), ex10 cept 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 INFORMA19 TION ABOUT A LOAN.—A lender of a loan made, insured, 

20 or guaranteed under this title shall provide the borrower 

21 of such loan a bill each month or, in the case of a loan 

22 payable less frequently than monthly, a bill that cor23 responds to each payment installment time period, includ24 ing 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 paid 

10 in interest, the amount the borrower has paid in fees, 

11 and the amount the borrower has paid against the 

12 balance, in a brief, borrower-friendly manner; 

13 ‘‘(7) a description of each fee the borrower has 

14 been charged for the current payment period; 

15 ‘‘(8) the date by which the borrower needs to 

16 make a payment in order to avoid additional fees; 

17 ‘‘(9) the amount of such payment that will be 

18 applied to the interest, the balance, and any fees on 

19 the loan; and 

20 ‘‘(10) the lender’s address and toll-free phone 

21 number for payment and billing error purposes. 

22 ‘‘(b) INFORMATION PROVIDED BEFORE COMMENCE23 MENT OF REPAYMENT.—A lender of a loan made, insured, 

24 or guaranteed under this title shall provide to the borrower 

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1 ment, a clear and conspicuous notice of not less than the 

2 following information: 

3 ‘‘(1) The borrower’s options, including repay4 ment plans, deferments, forbearances, and discharge 

5 options to which the borrower may be entitled. 

6 ‘‘(2) The conditions under which a borrower may 

7 be charged any fee, and the amount of such fee. 

8 ‘‘(3) The conditions under which a loan may de9 fault, and the consequences of default. 

10 ‘‘(4) Resources, including nonprofit organiza11 tions, advocates, and counselors (including the Office 

12 of the Ombudsman at the Department), where bor13 rowers can receive advice and assistance, if such re14 sources exist. 

15 ‘‘(c) INFORMATION PROVIDED DURING DELIN16 QUENCY.—In addition to any other information required 

17 under law, a lender of a loan made, insured, or guaranteed 

18 under this title shall provide a borrower in delinquency 

19 with a clear and conspicuous notice of the date on which 

20 the loan will default if no payment is made, the minimum 

21 payment that must be made to avoid default, discharge op22 tions to which the borrower may be entitled, resources, in23 cluding nonprofit organizations, advocates, and counselors 

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1 ment), where borrowers can receive advice and assistance, 

2 if such resources exist. 

3 ‘‘(d) INFORMATION PROVIDED DURING DEFAULT.—A 

4 lender of a loan made, insured, or guaranteed under this 

5 title shall provide a borrower in default, on not less than 

6 2 separate occasions, with a clear and conspicuous notice 

7 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 au14 thorizes the Secretary of Education to carry out a pilot pro15 gram under which the Secretary establishes a mechanism 

16 for an auction of Federal PLUS Loans, then the Comp17 troller General shall evaluate such pilot program. The eval18 uation shall determine— 

19 (1) the extent of the savings to the Federal Gov20 ernment that are generated through the pilot pro21 gram, compared to the cost the Federal Government 

22 would have incurred in operating the parent loan 

23 program under section 428B of the Higher Education 

24 Act of 1965 in the absence of the pilot 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 par4 ticipate 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 ef13 ficiently; 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 auction 

18 among the States, including between rural and non19 rural States; and 

20 (5) the feasibility of using the mechanism piloted 

21 to operate the other loan programs under part B of 

22 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 to 

25 the authorizing committees (as defined in section 103 


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

2 1003)) a preliminary report regarding the findings of 

3 the evaluation described in subsection (a); 

4 (2) not later than September 1, 2012, submit to 

5 the authorizing committees an interim report regard6 ing such findings; and 

7 (3) not later than September 1, 2014, submit to 

8 the authorizing committees a final report regarding 

9 such findings. 

10 TITLE V—DEVELOPING 

11 INSTITUTIONS 

12 SEC. 501. AUTHORIZED ACTIVITIES. 

13 Section 503(b) (20 U.S.C. 1101b(b)) is amended— 

14 (1) by redesignating paragraphs (6) through (14) 

15 as paragraphs (8) through (16), respectively; 

16 (2) in paragraph (5), by inserting ‘‘, including 

17 innovative, customized remedial education and 

18 English language instruction courses designed to help 

19 retain students and move the students rapidly into 

20 core courses and through program completion’’ before 

21 the period at the end; 

22 (3) by inserting after paragraph (5) the fol23 lowing: 


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1 ‘‘(6) Education or counseling services designed to 

2 improve the financial literacy and economic literacy 

3 of students or the students’ parents. 

4 ‘‘(7) Articulation agreements and student sup5 port programs designed to facilitate the transfer from 

6 2-year to 4-year institutions.’’; 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 as 

17 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 eliVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00896 Fmt 6652 Sfmt 6203 E:\BILLS\S1642.RS S1642

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1 gible institutions to enable the eligible institutions to carry 

2 out the authorized activities described in section 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 1 

12 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, and 

17 improvement in classroom, library, laboratory, and 

18 other instructional facilities, including purchase or 

19 rental of telecommunications technology equipment or 

20 services. 

21 ‘‘(3) Purchase of library books, periodicals, tech22 nical and other scientific journals, microfilm, micro23 fiche, and other educational materials, including tele24 communications program materials. 


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1 ‘‘(4) Support for needy postbaccalaureate stu2 dents, including outreach, academic support services, 

3 mentoring, scholarships, fellowships, and other finan4 cial assistance, to permit the enrollment of such stu5 dents in postbaccalaureate certificate and degree 

6 granting programs. 

7 ‘‘(5) Support of faculty exchanges, faculty devel8 opment, faculty research, curriculum development, 

9 and academic instruction. 

10 ‘‘(6) Creating or improving facilities for Internet 

11 or other distance education technologies, including 

12 purchase or rental of telecommunications technology 

13 equipment or services. 

14 ‘‘(7) Collaboration with other institutions of 

15 higher education to expand postbaccalaureate certifi16 cate and degree offerings. 

17 ‘‘(8) Other activities proposed in the application 

18 submitted pursuant to section 513 that are approved 

19 by the Secretary as part of the review and acceptance 

20 of such application. 

21 ‘‘SEC. 513. APPLICATION AND DURATION. 

22 ‘‘(a) APPLICATION.—Any eligible institution may 

23 apply for a grant under this part by submitting an appli24 cation to the Secretary at such time and in such manner 

25 as the Secretary may require. Such application shall demVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00898 Fmt 6652 Sfmt 6203 E:\BILLS\S1642.RS S1642

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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 strik13 ing ‘‘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 503’’ 

17 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 in24 serting ‘‘such sums as may be necessary for fiscal 

25 year 2008 and each of the 5 succeeding fiscal years.’’; 


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1 (3) by striking ‘‘(a) AUTHORIZATIONS.—’’ and 

2 inserting the following: 

3 ‘‘(a) AUTHORIZATIONS.— 

4 ‘‘(1) PART A.—There are’’; and 

5 (4) by adding at the end the following: 

6 ‘‘(2) PART B.—There are authorized to be appro7 priated to carry out part B of this title such sums as 

8 may be necessary for fiscal year 2008 and each of the 

9 5 succeeding fiscal years.’’. 

10 TITLE VI—INTERNATIONAL 

11 EDUCATION PROGRAMS 

12 SEC. 601. FINDINGS. 

13 Section 601 (20 U.S.C. 1121) is amended— 

14 (1) in the section heading, by striking ‘‘AND

15 PURPOSES’’ and inserting ‘‘; PURPOSES; CON16 SULTATION; SURVEY’’; 

17 (2) in subsection (a)(3), by striking ‘‘post-Cold 

18 War’’; 

19 (3) in subsection (b)(1)(D), by inserting ‘‘, in20 cluding through linkages with overseas institutions’’ 

21 before the semicolon; and 

22 (4) by adding at the end the following: 

23 ‘‘(c) CONSULTATION.—The Secretary shall, prior to re24 questing applications for funding under this title during 

25 each grant cycle, consult with and receive recommendations 


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1 regarding national need for expertise in foreign languages 

2 and world regions from the head officials of a wide range 

3 of Federal agencies. Such agencies shall provide informa4 tion to the Secretary regarding how the agencies utilize ex5 pertise and resources provided by grantees under this title. 

6 The Secretary shall take into account such recommenda7 tions and information when requesting applications for 

8 funding under this title, and shall make available to appli9 cants a list of areas identified as areas of national need. 

10 ‘‘(d) SURVEY.—The Secretary shall assist grantees in 

11 developing a survey to administer to students who have par12 ticipated in programs under this title to determine 

13 postgraduation placement. All grantees, where applicable, 

14 shall administer such survey not less often than annually 

15 and report such data to the Secretary.’’. 

16 SEC. 602. GRADUATE AND UNDERGRADUATE LANGUAGE 

17 AND AREA CENTERS AND PROGRAMS. 

18 Section 602 (20 U.S.C. 1122) is amended— 

19 (1) in subsection (a)— 

20 (A) in paragraph (2)— 

21 (i) in subparagraph (G), by striking 

22 ‘‘and’’ after the semicolon; 

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

24 the period and inserting ‘‘; and’’; and 


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

3 ‘‘(I) support for instructors of the less com4 monly taught languages.’’; and 

5 (B) in paragraph (4)— 

6 (i) by redesignating subparagraphs (C) 

7 through (E) as subparagraphs (D) through 

8 (F), respectively; 

9 (ii) by inserting after subparagraph 

10 (B) the following: 

11 ‘‘(C) Programs of linkage or outreach be12 tween or among— 

13 ‘‘(i) foreign language, area studies, or 

14 other international fields; and 

15 ‘‘(ii) State educational agencies or 

16 local educational agencies.’’; 

17 (iii) in subparagraph (D) (as redesig18 nated by clause (i)) by inserting ‘‘, includ19 ing Federal or State scholarship programs 

20 for students in related areas’’ before the pe21 riod at the end; and 

22 (iv) in subparagraph (F) (as redesig23 nated by clause (i)), by striking ‘‘and (D)’’ 

24 and inserting ‘‘(D), and (E)’’; 

25 (2) in subsection (b)— 


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1 (A) in the subsection heading, by striking 

2 ‘‘GRADUATE’’; and 

3 (B) by striking paragraph (2) and inserting 

4 the following: 

5 ‘‘(2) ELIGIBLE STUDENTS.—A student receiving 

6 a stipend described in paragraph (1) shall be en7 gaged— 

8 ‘‘(A) in an instructional program with stat9 ed performance goals for functional foreign lan10 guage use or in a program developing such per11 formance goals, in combination with area stud12 ies, international studies, or the international 

13 aspects of a professional studies program; and 

14 ‘‘(B)(i) in the case of an undergraduate stu15 dent, in the intermediate or advanced study of a 

16 less commonly taught language; or 

17 ‘‘(ii) in the case of a graduate student, in 

18 graduate study in connection with a program 

19 described in subparagraph (A), including— 

20 ‘‘(I) predissertation level study; 

21 ‘‘(II) preparation for dissertation re22 search; 

23 ‘‘(III) dissertation research abroad; or 

24 ‘‘(IV) dissertation writing.’’; 


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

2 following: 

3 ‘‘(d) ALLOWANCES.— 

4 ‘‘(1) GRADUATE LEVEL RECIPIENTS.—A stipend 

5 awarded to a graduate level recipient may include al6 lowances for dependents and for travel for research 

7 and study in the United States and abroad. 

8 ‘‘(2) UNDERGRADUATE LEVEL RECIPIENTS.—A 

9 stipend awarded to an undergraduate level recipient 

10 may include an allowance for educational programs 

11 in the United States or educational programs abroad 

12 that— 

13 ‘‘(A) are closely linked to the overall goals 

14 of the recipient’s course of study; and 

15 ‘‘(B) have the purpose of promoting foreign 

16 language fluency and knowledge of foreign cul17 tures.’’; and 

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

19 ‘‘(e) APPLICATION.—Each institution or combination 

20 of institutions desiring a grant under this section shall sub21 mit an application to the Secretary at such time, in such 

22 manner, and accompanied by such information and assur23 ances as the Secretary may require. Each application shall 

24 include an explanation of how the activities funded by the 

25 grant will reflect diverse perspectives and a wide range of 


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1 views and generate debate on world regions and inter2 national affairs. Each application shall also describe how 

3 the applicant will address disputes regarding whether ac4 tivities funded under the application reflect diverse perspec5 tives and a wide range of views. Each application shall also 

6 include a description of how the applicant will encourage 

7 government service in areas of national need, as identified 

8 by the Secretary, as well as in needs in the education, busi9 ness, and nonprofit sectors.’’. 

10 SEC. 603. UNDERGRADUATE INTERNATIONAL STUDIES AND 

11 FOREIGN LANGUAGE PROGRAMS. 

12 Section 604 (20 U.S.C. 1124) is amended— 

13 (1) in subsection (a)— 

14 (A) in paragraph (2)— 

15 (i) by redesignating subparagraphs (I) 

16 through (M) as subparagraphs (J) through 

17 (N), respectively; and 

18 (ii) by inserting after subparagraph 

19 (H) the following: 

20 ‘‘(I) providing subgrants to undergraduate 

21 students for educational programs abroad that— 

22 ‘‘(i) are closely linked to the overall 

23 goals of the program for which the grant is 

24 awarded; and 


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1 ‘‘(ii) have the purpose of promoting 

2 foreign language fluency and knowledge of 

3 foreign cultures;’’; and 

4 (B) in paragraph (7)— 

5 (i) in subparagraph (C), by striking 

6 ‘‘and’’ after the semicolon; 

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

8 the period at the end and inserting a semi9 colon; and 

10 (iii) by adding at the end the fol11 lowing: 

12 ‘‘(E) a description of how the applicant will 

13 provide information to students regarding feder14 ally funded scholarship programs in related 

15 areas; 

16 ‘‘(F) an explanation of how the activities 

17 funded by the grant will reflect diverse perspec18 tives and a wide range of views and generate de19 bate on world regions and international affairs, 

20 where applicable; 

21 ‘‘(G) a description of how the applicant will 

22 address disputes regarding whether the activities 

23 funded under the application reflect diverse per24 spectives and a wide range of views; and 


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1 ‘‘(H) a description of how the applicant 

2 will encourage service in areas of national need 

3 as identified by the Secretary.’’; and 

4 (2) in subsection (c)— 

5 (A) by striking ‘‘FUNDING SUPPORT.—The 

6 Secretary’’ and inserting ‘‘FUNDING SUPPORT.— 

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

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

9 and 

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

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

12 funds awarded to a grantee under this section, the 

13 grantee may use not more than 10 percent of such 

14 funds for the activity described in subsection 

15 (a)(2)(I).’’. 

16 SEC. 604. RESEARCH; STUDIES. 

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

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

19 semicolon; 

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

21 inserting a semicolon; and 

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

23 ‘‘(10) evaluation of the extent to which programs 

24 assisted under this title reflect diverse perspectives 


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1 and a wide range of views and generate debate on 

2 world regions and international affairs; 

3 ‘‘(11) the systematic collection, analysis, and dis4 semination of data that contribute to achieving the 

5 purposes of this part; and 

6 ‘‘(12) support for programs or activities to make 

7 data collected, analyzed, or disseminated under this 

8 section publicly available and easy to understand.’’. 

9 SEC. 605. TECHNOLOGICAL INNOVATION AND COOPERA10 TION FOR FOREIGN INFORMATION ACCESS. 

11 Section 606 (20 U.S.C. 1126) is amended— 

12 (1) in subsection (a)— 

13 (A) by striking ‘‘new electronic tech14 nologies’’ and inserting ‘‘electronic technologies’’; 

15 (B) by inserting ‘‘from foreign sources’’ 

16 after ‘‘disseminate information’’; 

17 (C) in the subsection heading, by striking 

18 ‘‘AUTHORITY.—The Secretary’’ and inserting 

19 ‘‘AUTHORITY.— 

20 ‘‘(1) IN GENERAL.—The Secretary’’; and 

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

22 ‘‘(2) PARTNERSHIPS WITH NOT-FOR-PROFIT EDU23 CATIONAL ORGANIZATIONS.—The Secretary may 

24 award grants under this section to carry out the ac25 tivities authorized under this section to the following: 


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1 ‘‘(A) An institution of higher education. 

2 ‘‘(B) A public or nonprofit private library. 

3 ‘‘(C) A consortium of an institution of high4 er education and 1 or more of the following: 

5 ‘‘(i) Another institution of higher edu6 cation. 

7 ‘‘(ii) A library. 

8 ‘‘(iii) A not-for-profit educational or9 ganization.’’; 

10 (2) in subsection (b)— 

11 (A) in paragraph (1), by striking ‘‘to facili12 tate access to’’ and inserting ‘‘to acquire, facili13 tate access to,’’; 

14 (B) in paragraph (2), by inserting ‘‘or 

15 standards for’’ after ‘‘means of’’; 

16 (C) in paragraph (6), by striking ‘‘and’’ 

17 after the semicolon; 

18 (D) in paragraph (7), by striking the pe19 riod and inserting a semicolon; and 

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

21 ‘‘(8) to establish linkages to facilitate carrying 

22 out the activities described in this subsection be23 tween— 


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1 ‘‘(A) the institutions of higher education, li2 braries, and consortia receiving grants under 

3 this section; and 

4 ‘‘(B) institutions of higher education, not5 for-profit educational organizations, and librar6 ies overseas; and 

7 ‘‘(9) to carry out other activities that the Sec8 retary determines are consistent with the purpose of 

9 the grants or contracts awarded under this section.’’; 

10 and 

11 (3) in subsection (c), by striking ‘‘institution or 

12 consortium’’ and inserting ‘‘institution of higher edu13 cation, library, or consortium’’. 

14 SEC. 606. SELECTION OF CERTAIN GRANT RECIPIENTS. 

15 Section 607 (20 U.S.C. 1127) is amended— 

16 (1) in subsection (a), by striking ‘‘evaluates the 

17 applications for comprehensive and undergraduate 

18 language and area centers and programs.’’ and in19 serting ‘‘evaluates— 

20 ‘‘(1) the applications for comprehensive foreign 

21 language and area or international studies centers 

22 and programs; and 

23 ‘‘(2) the applications for undergraduate foreign 

24 language and area or international studies centers 

25 and programs.’’; and 


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1 (2) in subsection (b), by adding at the end the 

2 following: ‘‘The Secretary shall also consider an ap3 plicant’s record of placing students into service in 

4 areas of national need and an applicant’s stated ef5 forts to increase the number of such students that go 

6 into such service.’’. 

7 SEC. 607. AMERICAN OVERSEAS RESEARCH CENTERS. 

8 Section 609 (20 U.S.C. 1128a) is amended by adding 

9 at the end the following: 

10 ‘‘(e) APPLICATION.—Each center desiring a grant 

11 under this section shall submit an application to the Sec12 retary at such time, in such manner, and accompanied by 

13 such information and assurances as the Secretary may re14 quire.’’. 

15 SEC. 608. AUTHORIZATION OF APPROPRIATIONS FOR 

16 INTERNATIONAL AND FOREIGN LANGUAGE 

17 STUDIES. 

18 Section 610 (20 U.S.C. 1128b) is amended by striking 

19 ‘‘$80,000,000 for fiscal year 1999’’ and all that follows 

20 through the period and inserting ‘‘such sums as may be nec21 essary for fiscal year 2008 and each of the 5 succeeding 

22 fiscal years.’’. 


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1 SEC. 609. CENTERS FOR INTERNATIONAL BUSINESS EDU2 CATION. 

3 Section 612(f)(3) (20 U.S.C. 1130–1(f)(3)) is amended 

4 by inserting ‘‘, and that diverse perspectives will be made 

5 available to students in programs under this section’’ before 

6 the semicolon. 

7 SEC. 610. EDUCATION AND TRAINING PROGRAMS. 

8 Section 613(c) (20 U.S.C. 1130a(c)) is amended by 

9 adding at the end the following: ‘‘Each such application 

10 shall include an assurance that, where applicable, the ac11 tivities funded by the grant will reflect diverse perspectives 

12 and a wide range of views on world regions and inter13 national affairs.’’. 

14 SEC. 611. AUTHORIZATION OF APPROPRIATIONS FOR BUSI15 NESS AND INTERNATIONAL EDUCATION PRO16 GRAMS. 

17 Section 614 (20 U.S.C. 1130b) is amended— 

18 (1) in subsection (a), by striking ‘‘$11,000,000 

19 for fiscal year 1999’’ and all that follows through ‘‘fis20 cal years’’ and inserting ‘‘such sums as may be nec21 essary for fiscal year 2008 and each of the 5 suc22 ceeding fiscal years’’; and 

23 (2) in subsection (b), by striking ‘‘$7,000,000 for 

24 fiscal year 1999’’ and all that follows through ‘‘fiscal 

25 years,’’ and inserting ‘‘such sums as may be necessary 


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1 for fiscal year 2008 and each of the 5 succeeding fis2 cal years’’. 

3 SEC. 612. MINORITY FOREIGN SERVICE PROFESSIONAL DE4 VELOPMENT PROGRAM. 

5 Section 621 (20 U.S.C. 1131) is amended— 

6 (1) in subsection (c), by adding at the end the 

7 following: ‘‘Each application shall include a descrip8 tion of how the activities funded by the grant will re9 flect diverse perspectives and a wide range of views on 

10 world regions and international affairs, where appli11 cable.’’; and 

12 (2) in subsection (e)— 

13 (A) by striking ‘‘MATCH REQUIRED.—The 

14 eligible’’ and inserting ‘‘MATCHING FUNDS.— 

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

16 eligible’’; and 

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

18 ‘‘(2) WAIVER.—The Secretary may waive the re19 quirement of paragraph (1) for an eligible recipient 

20 if the Secretary determines such waiver is appro21 priate.’’. 

22 SEC. 613. INSTITUTIONAL DEVELOPMENT. 

23 Section 622 (20 U.S.C. 1131–1) is amended— 

24 (1) in subsection (a)— 


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1 (A) by striking ‘‘Tribally Controlled Col2 leges or Universities’’ and inserting ‘‘tribally 

3 controlled colleges or universities’’; and 

4 (B) by striking ‘‘international affairs pro5 grams.’’ and inserting ‘‘international affairs, 

6 international business, and foreign language 

7 study programs, including the teaching of for8 eign languages, at such colleges, universities, and 

9 institutions, respectively, which may include col10 laboration with institutions of higher education 

11 that receive funding under this title.’’; and 

12 (2) in subsection (c)— 

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

14 (B) by redesignating paragraphs (2) and 

15 (4) as paragraphs (1) and (2), respectively; and 

16 (C) in paragraph (1) (as redesignated by 

17 subparagraph (B)), by inserting ‘‘and’’ after the 

18 semicolon. 

19 SEC. 614. STUDY ABROAD PROGRAM. 

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

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

22 Act’’; and 

23 (2) by striking ‘‘tribally controlled Indian com24 munity colleges as defined in the Tribally Controlled 


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1 Community College Assistance Act of 1978’’ and in2 serting ‘‘tribally controlled colleges or universities’’. 

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

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

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

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

9 exceptional circumstances, a doctoral degree,’’ after 

10 ‘‘masters degree’’; 

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

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

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

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

15 SEC. 616. INTERNSHIPS. 

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

17 (1) in subsection (a)— 

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

19 of this Act’’; 

20 (B) by striking ‘‘tribally controlled Indian 

21 community colleges as defined in the Tribally 

22 Controlled Community College Assistance Act of 

23 1978’’ and inserting ‘‘tribally controlled colleges 

24 or universities’’; 


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1 (C) by striking ‘‘an international’’ and in2 serting ‘‘international,’’; and 

3 (D) by striking ‘‘the United States Informa4 tion Agency’’ and inserting ‘‘the Department of 

5 State’’; and 

6 (2) in subsection (c)(1)— 

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

8 ‘‘and’’ after the semicolon; 

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

10 and’’ and inserting a period; and 

11 (C) by striking subparagraph (G). 

12 SEC. 617. FINANCIAL ASSISTANCE. 

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

14 amended— 

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

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

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

18 ‘‘SEC. 626. FINANCIAL ASSISTANCE. 

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

21 in subsection (b) and Ralph Bunche scholarship assistance 

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

23 the participation of the students in the Institute’s programs 

24 under this part. 

25 ‘‘(b) SUMMER STIPENDS.— 


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

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

4 a summer institute program funded under this part, 

5 including the costs of travel, living, and educational 

6 expenses necessary for the student’s participation in 

7 such program. 

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

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

10 summer. 

11 ‘‘(c) RALPH BUNCHE SCHOLARSHIP.— 

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

13 Ralph Bunche scholarship under this section— 

14 ‘‘(A) shall be a full-time student at an insti15 tution of higher education who is accepted into 

16 a program funded under this part; and 

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

18 related to the cost of attendance, as defined in 

19 section 472, at the institution of higher edu20 cation in which the student is enrolled. 

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

22 scholarship awarded to a student under this section 

23 shall not exceed $5,000 per academic year.’’. 


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1 SEC. 618. REPORT. 

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

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

5 SEC. 619. GIFTS AND DONATIONS. 

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

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

10 SEC. 620. AUTHORIZATION OF APPROPRIATIONS FOR THE 

11 INSTITUTE FOR INTERNATIONAL PUBLIC 

12 POLICY. 

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

14 U.S.C. 1131f) is amended by striking ‘‘$10,000,000 for fis15 cal year 1999’’ and all that follows through the period and 

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

17 2008 and each of the 5 succeeding fiscal years.’’. 

18 SEC. 621. DEFINITIONS. 

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

20 (1) by striking paragraph (7); 

21 (2) by redesignating paragraphs (2), (3), (4), 

22 (5), (6), (8), and (9), as paragraphs (7), (4), (8), (2), 

23 (10), (6), and (3), respectively; 

24 (3) in paragraph (2), as redesignated by para25 graph (2), by striking ‘‘comprehensive language and 


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1 area center’’ and inserting ‘‘comprehensive foreign 

2 language and area or international studies center’’; 

3 (4) in paragraph (3), as redesignated by para4 graph (2), by striking the period at the end and in5 serting a semicolon; 

6 (5) by inserting after paragraph (4), as redesig7 nated by paragraph (2), the following: 

8 ‘‘(5) the term ‘historically Black college and uni9 versity’ has the meaning given the term ‘part B insti10 tution’ in section 322;’’; 

11 (6) in paragraph (6), as redesignated by para12 graph (2), by striking ‘‘and’’ after the semicolon; 

13 (7) by inserting after paragraph (8), as redesig14 nated by paragraph (2), the following: 

15 ‘‘(9) the term ‘tribally controlled college or uni16 versity’ has the meaning given the term in section 2 

17 of the Tribally Controlled College or University As18 sistance Act of 1978 (25 U.S.C. 1801); and’’; and 

19 (8) in paragraph (10), as redesignated by para20 graph (2), by striking ‘‘undergraduate language and 

21 area center’’ and inserting ‘‘undergraduate foreign 

22 language and area or international studies center’’. 

23 SEC. 622. ASSESSMENT AND ENFORCEMENT. 

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

25 adding at the end the following: 


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1 ‘‘SEC. 632. ASSESSMENT; ENFORCEMENT; RULE OF CON2 STRUCTION. 

3 ‘‘(a) IN GENERAL.—The Secretary is authorized to as4 sess and ensure compliance with all the conditions and 

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

6 regarding activities funded under this title is not resolved 

7 under the process outlined in the relevant grantee’s applica8 tion, such complaint shall be filed with the Department and 

9 reviewed by the Secretary. The Secretary shall take the re10 view of such complaints into account when determining the 

11 renewal of grants. 

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

13 shall be construed to authorize the Secretary to mandate, 

14 direct, or control an institution of higher education’s spe15 cific instructional content, curriculum, or program of in16 struction. 

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

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

19 the funds made available under this title to carry out pro20 gram evaluation, national outreach, and information dis21 semination activities relating to the programs authorized 

22 under this title. 

23 ‘‘SEC. 634. BIENNIAL REPORT. 

24 ‘‘The Secretary shall, in consultation and collabora25 tion with the Secretary of State, the Secretary of Defense, 

26 and the heads of other relevant Federal agencies, submit a 


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1 biennial report that identifies areas of national need in for2 eign language, area, and international studies as such stud3 ies relate to government, education, business, and nonprofit 

4 needs, and a plan to address those needs. The report shall 

5 be provided to the authorizing committees and made avail6 able to the public.’’. 

7 TITLE VII—GRADUATE AND 

8 POSTSECONDARY IMPROVE9 MENT PROGRAMS 

10 SEC. 701. PURPOSE. 

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

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

13 United States national and homeland security needs such 

14 as mathematics, science, and engineering’’ before the semi15 colon at the end. 

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

17 Section 702(a)(1) (20 U.S.C. 1134a(a)(1)) is amended 

18 to read as follows: 

19 ‘‘(1) APPOINTMENT.— 

20 ‘‘(A) IN GENERAL.—The Secretary shall ap21 point a Jacob K. Javits Fellows Program Fel22 lowship Board (referred to in this subpart as the 

23 ‘Board’) consisting of 9 individuals representa24 tive of both public and private institutions of 


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1 higher education who are especially qualified to 

2 serve on the Board. 

3 ‘‘(B) QUALIFICATIONS.—In making ap4 pointments under subparagraph (A), the Sec5 retary shall— 

6 ‘‘(i) give due consideration to the ap7 pointment of individuals who are highly re8 spected in the academic community; 

9 ‘‘(ii) assure that individuals appointed 

10 to the Board are broadly representative of a 

11 range of disciplines in graduate education 

12 in arts, humanities, and social sciences; 

13 ‘‘(iii) appoint members to represent the 

14 various geographic regions of the United 

15 States; and 

16 ‘‘(iv) include representatives from mi17 nority institutions, as defined in section 

18 365.’’. 

19 SEC. 703. STIPENDS. 

20 Section 703(a) (20 U.S.C. 1134b(a)) is amended by 

21 striking ‘‘graduate fellowships’’ and inserting ‘‘Graduate 

22 Research Fellowship Program’’. 


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1 SEC. 704. AUTHORIZATION OF APPROPRIATIONS FOR THE 

2 JACOB K. JAVITS FELLOWSHIP PROGRAM. 

3 Section 705 (20 U.S.C. 1134d) is amended by striking 

4 ‘‘$30,000,000 for fiscal year 1999’’ and all that follows 

5 through the period and inserting ‘‘such sums as may be nec6 essary for fiscal year 2008 and each of the 5 succeeding 

7 fiscal years to carry out this subpart.’’. 

8 SEC. 705. INSTITUTIONAL ELIGIBILITY UNDER THE GRAD9 UATE ASSISTANCE IN AREAS OF NATIONAL 

10 NEED PROGRAM. 

11 Section 712(b) (20 U.S.C. 1135a(b)) is amended to 

12 read as follows: 

13 ‘‘(b) DESIGNATION OF AREAS OF NATIONAL NEED.— 

14 After consultation with appropriate Federal and nonprofit 

15 agencies and organizations, including the National Science 

16 Foundation, the Department of Defense, the Department of 

17 Homeland Security, the National Academy of Sciences, and 

18 the Bureau of Labor Statistics, the Secretary shall designate 

19 areas of national need. In making such designations, the 

20 Secretary shall take into consideration— 

21 ‘‘(1) the extent to which the interest in the area 

22 is compelling; 

23 ‘‘(2) the extent to which other Federal programs 

24 support postbaccalaureate study in the area con25 cerned; 


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1 ‘‘(3) an assessment of how the program may 

2 achieve the most significant impact with available re3 sources; and 

4 ‘‘(4) an assessment of current and future profes5 sional workforce needs of the United States.’’. 

6 SEC. 706. AWARDS TO GRADUATE STUDENTS. 

7 Section 714 (20 U.S.C. 1135c) is amended— 

8 (1) in subsection (b)— 

9 (A) by striking ‘‘1999–2000’’ and inserting 

10 ‘‘2008–2009’’; and 

11 (B) by striking ‘‘graduate fellowships’’ and 

12 inserting ‘‘Graduate Research Fellowship Pro13 gram’’; and 

14 (2) in subsection (c)— 

15 (A) by striking ‘‘716(a)’’ and inserting 

16 ‘‘715(a)’’; and 

17 (B) by striking ‘‘714(b)(2)’’ and inserting 

18 ‘‘713(b)(2)’’. 

19 SEC. 707. ADDITIONAL ASSISTANCE FOR COST OF EDU20 CATION. 

21 Section 715(a)(1) (20 U.S.C. 1135d(a)(1)) is amend22 ed— 

23 (1) by striking ‘‘1999–2000’’ and inserting 

24 ‘‘2008–2009’’; and 


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1 (2) by striking ‘‘1998–1999’’ and inserting 

2 ‘‘2007–2008’’. 

3 SEC. 708. AUTHORIZATION OF APPROPRIATIONS FOR THE 

4 GRADUATE ASSISTANCE IN AREAS OF NA5 TIONAL NEED PROGRAM. 

6 Section 716 (20 U.S.C. 1135e) is amended by striking 

7 ‘‘$35,000,000 for fiscal year 1999’’ and all that follows 

8 through the period and inserting ‘‘such sums as may be nec9 essary for fiscal year 2008 and each of the 5 succeeding 

10 fiscal years to carry out this subpart.’’. 

11 SEC. 709. LEGAL EDUCATIONAL OPPORTUNITY PROGRAM. 

12 Section 721 (20 U.S.C. 1136) is amended— 

13 (1) in subsection (a)— 

14 (A) by inserting ‘‘secondary school and’’ 

15 after ‘‘disadvantaged’’; and 

16 (B) by inserting ‘‘and admission to law 

17 practice’’ before the period at the end; 

18 (2) in the matter preceding paragraph (1) of 

19 subsection (b), by inserting ‘‘secondary school student 

20 or’’ before ‘‘college student’’; 

21 (3) in subsection (c)— 

22 (A) in paragraph (1), by inserting ‘‘sec23 ondary school and’’ before ‘‘college students’’; 

24 (B) by striking paragraph (2) and inserting 

25 the following: 


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1 ‘‘(2) to prepare such students for successful com2 pletion of a baccalaureate degree and for study at ac3 credited law schools, and to assist them with the de4 velopment of analytical skills, writing skills, and 

5 study methods to enhance the students’ success and 

6 promote the students’ admission to and completion of 

7 law school;’’; 

8 (C) in paragraph (4), by striking ‘‘and’’ 

9 after the semicolon; 

10 (D) by striking paragraph (5) and insert11 ing the following: 

12 ‘‘(4) to motivate and prepare such students— 

13 ‘‘(A) with respect to law school studies and 

14 practice in low-income communities; and 

15 ‘‘(B) to provide legal services to low-income 

16 individuals and families; and;’’; and 

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

18 ‘‘(6) to award Thurgood Marshall Fellowships to 

19 eligible law school students— 

20 ‘‘(A) who participated in summer institutes 

21 under subsection (d)(6) and who are enrolled in 

22 an accredited law school; or 

23 ‘‘(B) who have successfully completed sum24 mer institute programs comparable to the sum25 mer institutes under subsection (d) that are cerVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00926 Fmt 6652 Sfmt 6203 E:\BILLS\S1642.RS S1642

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1 tified by the Council on Legal Education Oppor2 tunity.’’; 

3 (4) in subsection (d)— 

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

5 by inserting ‘‘pre-college programs, under6 graduate’’ before ‘‘pre-law’’; 

7 (B) in paragraph (1)— 

8 (i) in subparagraph (B), by inserting 

9 ‘‘law school’’ before ‘‘graduation’’; and 

10 (ii) by striking subparagraph (D) and 

11 inserting the following: 

12 ‘‘(D) pre-college and undergraduate pre13 paratory courses in analytical and writing 

14 skills, study methods, and curriculum selection;’’; 

15 (C) by redesignating paragraphs (2) 

16 through (6) as paragraphs (3) through (7), re17 spectively; 

18 (D) by inserting after paragraph (1) the fol19 lowing: 

20 ‘‘(2) summer academic programs for secondary 

21 school students who have expressed interest in a ca22 reer in the law;’’; and 

23 (E) in paragraph (7) (as redesignated by 

24 subparagraph (C)), by inserting ‘‘and Associ25 ates’’ after ‘‘Thurgood Marshall Fellows’’; 


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1 (5) in subsection (e)(1), by inserting ‘‘, including 

2 before and during undergraduate study’’ before the 

3 semicolon; 

4 (6) in subsection (f)— 

5 (A) by inserting ‘‘national and State bar 

6 associations,’’ after ‘‘agencies and organiza7 tions,’’; and 

8 (B) by striking ‘‘and organizations.’’ and 

9 inserting ‘‘organizations, and associations.’’; 

10 (7) by striking subsection (g) and inserting the 

11 following: 

12 ‘‘(g) FELLOWSHIPS AND STIPENDS.—The Secretary 

13 shall annually establish the maximum fellowship to be 

14 awarded, and stipend to be paid (including allowances for 

15 participant travel and for the travel of the dependents of 

16 the participant), to Thurgood Marshall Fellows or Associ17 ates for the period of participation in summer institutes, 

18 midyear seminars, and bar preparation seminars. A Fellow 

19 or Associate may be eligible for such a fellowship or stipend 

20 only if the Thurgood Marshall Fellow or Associate main21 tains satisfactory academic progress toward the Juris Doc22 tor or Bachelor of Laws degree, as determined by the respec23 tive institutions (except with respect to a law school grad24 uate enrolled in a bar preparation course).’’; and 


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1 (8) in subsection (h), by striking ‘‘$5,000,000 for 

2 fiscal year 1999’’ and all that follows through the pe3 riod at the end and inserting ‘‘such sums as may be 

4 necessary for fiscal year 2008 and for each of the 5 

5 succeeding fiscal years’’. 

6 SEC. 710. FUND FOR THE IMPROVEMENT OF POSTSEC7 ONDARY EDUCATION. 

8 Section 741 (20 U.S.C. 1138) is amended— 

9 (1) in subsection (a)— 

10 (A) by striking paragraph (3) and inserting 

11 the following: 

12 ‘‘(3) the establishment and continuation of insti13 tutions, programs, consortia, collaborations, and other 

14 joint efforts based on the technology of communica15 tions, including those efforts that utilize distance edu16 cation and technological advancements to educate and 

17 train postsecondary students (including health profes18 sionals serving medically underserved populations);’’; 

19 (B) in paragraph (7), by striking ‘‘and’’ 

20 after the semicolon; 

21 (C) in paragraph (8), by striking the period 

22 at the end and inserting a semicolon; and 

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

24 ‘‘(9) the introduction of reforms in remedial edu25 cation, including English language instruction, to 


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1 customize remedial courses to student goals and help 

2 students progress rapidly from remedial courses into 

3 core courses and through program completion; and 

4 ‘‘(10) the creation of consortia that join diverse 

5 institutions of higher education to design and offer 

6 curricular and co-curricular interdisciplinary pro7 grams at the undergraduate and graduate levels, sus8 tained for not less than a 5 year period, that— 

9 ‘‘(A) focus on poverty and human capa10 bility; and 

11 ‘‘(B) include— 

12 ‘‘(i) a service-learning component; and 

13 ‘‘(ii) the delivery of educational serv14 ices through informational resource centers, 

15 summer institutes, midyear seminars, and 

16 other educational activities that stress the 

17 effects of poverty and how poverty can be 

18 alleviated through different career paths.’’; 

19 and 

20 (2) by adding at the end the following: 

21 ‘‘(c) PROJECT GRAD.— 

22 ‘‘(1) PURPOSES.—The purposes of this subsection 

23 are— 

24 ‘‘(A) to provide support and assistance to 

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1 form services in order to improve secondary 

2 school graduation, college attendance, and college 

3 completion rates for at-risk students; and 

4 ‘‘(B) to promote the establishment of new 

5 programs to implement such integrated edu6 cation reform services. 

7 ‘‘(2) DEFINITIONS.—In this subsection: 

8 ‘‘(A) AT-RISK.—The term ‘at-risk’ has the 

9 same meaning given such term in section 1432 

10 of the Elementary and Secondary Education Act 

11 of 1965. 

12 ‘‘(B) FEEDER PATTERN.—The term ‘feeder 

13 pattern’ means a secondary school and the ele14 mentary schools and middle schools that channel 

15 students into that secondary school. 

16 ‘‘(3) GRANT AUTHORIZED.—The Secretary is au17 thorized to award a grant to Project GRAD USA (re18 ferred to in this subsection as the ‘grantee’), a non19 profit educational organization that has as its pri20 mary purpose the improvement of secondary school 

21 graduation, college attendance, and college completion 

22 rates for at-risk students, to implement and sustain 

23 the integrated education reform program at existing 

24 Project GRAD sites, and to promote the expansion of 

25 the Project GRAD program to new sites. 


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1 ‘‘(4) REQUIREMENTS OF GRANT AGREEMENT.— 

2 The Secretary shall enter into an agreement with the 

3 grantee that requires that the grantee shall— 

4 ‘‘(A) enter into subcontracts with nonprofit 

5 educational organizations that serve a substan6 tial number or percentage of at-risk students (re7 ferred to in this subsection as ‘subcontractors’), 

8 under which the subcontractors agree to imple9 ment the Project GRAD program and provide 

10 matching funds for such programs; and 

11 ‘‘(B) directly carry out— 

12 ‘‘(i) activities to implement and sus13 tain the literacy, mathematics, classroom 

14 management, social service, and college ac15 cess components of the Project GRAD pro16 gram; 

17 ‘‘(ii) activities for the purpose of im18 plementing new Project GRAD program 

19 sites; 

20 ‘‘(iii) activities to support, evaluate, 

21 and consistently improve the Project GRAD 

22 program; 

23 ‘‘(iv) activities for the purpose of pro24 moting greater public awareness of inte25 grated education reform services to improve 


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1 secondary school graduation, college attend2 ance, and college completion rates for at3 risk students; and 

4 ‘‘(v) other activities directly related to 

5 improving secondary school graduation, col6 lege attendance, and college completion rates 

7 for at-risk students. 

8 ‘‘(5) GRANTEE CONTRIBUTION AND MATCHING

9 REQUIREMENT.— 

10 ‘‘(A) IN GENERAL.—The grantee shall pro11 vide funds to each subcontractor based on the 

12 number of students served by the subcontractor 

13 in the Project GRAD program, adjusted to take 

14 into consideration— 

15 ‘‘(i) the resources available in the area 

16 where the subcontractor will implement the 

17 Project GRAD program; and 

18 ‘‘(ii) the need for the Project GRAD 

19 program in such area to improve student 

20 outcomes, including reading and mathe21 matics achievement and, where applicable, 

22 secondary school graduation, college attend23 ance, and college completion rates. 

24 ‘‘(B) MATCHING REQUIREMENT.—Each sub25 contractor shall provide funds for the Project 


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1 GRAD program in an amount that is equal to 

2 or greater than the amount received by the sub3 contractor from the grantee. Such matching 

4 funds may be provided in cash or in-kind, fairly 

5 evaluated. 

6 ‘‘(6) EVALUATION.—The Secretary shall select an 

7 independent entity to evaluate, every 3 years, the per8 formance of students who participate in a Project 

9 GRAD program under this subsection. 

10 ‘‘(d) CENTER FOR BEST PRACTICES TO SUPPORT SIN11 GLE PARENT STUDENTS.— 

12 ‘‘(1) PROGRAM AUTHORIZED.—The Secretary is 

13 authorized to award 1 grant or contract to an institu14 tion of higher education to enable such institution to 

15 establish and maintain a center to study and develop 

16 best practices for institutions of higher education to 

17 support single parents who are also students attend18 ing such institutions. 

19 ‘‘(2) INSTITUTION REQUIREMENTS.—The Sec20 retary shall award the grant or contract under this 

21 subsection to a 4-year institution of higher education 

22 that has demonstrated expertise in the development of 

23 programs to assist single parents who are students at 

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1 ices to such students, including on-campus housing, 

2 child care, counseling, advising, internship opportu3 nities, financial aid, and financial aid counseling 

4 and assistance. 

5 ‘‘(3) CENTER ACTIVITIES.—The center funded 

6 under this section shall— 

7 ‘‘(A) assist institutions implementing inno8 vative programs that support single parents pur9 suing higher education; 

10 ‘‘(B) study and develop an evaluation pro11 tocol for such programs that includes quan12 titative and qualitative methodologies; 

13 ‘‘(C) provide appropriate technical assist14 ance regarding the replication, evaluation, and 

15 continuous improvement of such programs; and 

16 ‘‘(D) develop and disseminate best practices 

17 for such programs. 

18 ‘‘(e) UNDERSTANDING THE FEDERAL REGULATORY

19 IMPACT ON HIGHER EDUCATION.— 

20 ‘‘(1) PURPOSE.—The purpose of this subsection 

21 is to help institutions of higher education understand 

22 the regulatory impact of the Federal Government on 

23 such institutions, in order to raise awareness of insti24 tutional legal obligations and provide information to 


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1 improve compliance with, and to reduce the duplica2 tion and inefficiency of, Federal regulations. 

3 ‘‘(2) PROGRAM AUTHORIZED.—The Secretary is 

4 authorized to award 1 grant or contract to an institu5 tion of higher education to enable the institution to 

6 carry out the activities described in the agreement 

7 under paragraph (4). 

8 ‘‘(3) INSTITUTION REQUIREMENTS.—The Sec9 retary shall award the grant or contract under this 

10 subsection to an institution of higher education that 

11 has demonstrated expertise in— 

12 ‘‘(A) reviewing Federal higher education 

13 regulations; 

14 ‘‘(B) maintaining a clearinghouse of com15 pliance training materials; and 

16 ‘‘(C) explaining the impact of such regula17 tions to institutions of higher education through 

18 a comprehensive and freely accessible website. 

19 ‘‘(4) REQUIREMENTS OF AGREEMENT.—As a 

20 condition of receiving a grant or contract under this 

21 subsection, the institution of higher education shall 

22 enter into an agreement with the Secretary that shall 

23 require the institution to— 


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1 ‘‘(A) monitor Federal regulations, including 

2 notices of proposed rulemaking, for their impact 

3 or potential impact on higher education; 

4 ‘‘(B) provide a succinct description of each 

5 regulation or proposed regulation that is relevant 

6 to higher education; and 

7 ‘‘(C) maintain a website providing infor8 mation on Federal regulations that is easy to 

9 use, searchable, and updated regularly. 

10 ‘‘(f) SCHOLARSHIP PROGRAM FOR FAMILY MEMBERS

11 OF VETERANS OR MEMBERS OF THE MILITARY.— 

12 ‘‘(1) AUTHORIZATION.—The Secretary shall con13 tract with a nonprofit organization with dem14 onstrated experience in carrying out the activities de15 scribed in this subsection to carry out a program to 

16 provide postsecondary education scholarships for eli17 gible students. 

18 ‘‘(2) ELIGIBLE STUDENTS.—In this subsection, 

19 the term ‘eligible student’ means an individual who 

20 is— 

21 ‘‘(A)(i) a dependent student who is a child 

22 of— 

23 ‘‘(I) an individual who is— 

24 ‘‘(aa) serving on active duty dur25 ing a war or other military operation 


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1 or national emergency (as defined in 

2 section 481); or 

3 ‘‘(bb) performing qualifying Na4 tional Guard duty during a war or 

5 other military operation or national 

6 emergency (as defined in section 481); 

7 or 

8 ‘‘(II) a veteran who died while serving 

9 or performing, as described in subclause (I), 

10 since September 11, 2001, or has been dis11 abled while serving or performing, as de12 scribed in subclause (I), as a result of such 

13 event; or 

14 ‘‘(ii) an independent student who is a 

15 spouse of— 

16 ‘‘(I) an individual who is— 

17 ‘‘(aa) serving on active duty dur18 ing a war or other military operation 

19 or national emergency (as defined in 

20 section 481); or 

21 ‘‘(bb) performing qualifying Na22 tional Guard duty during a war or 

23 other military operation or national 

24 emergency (as defined in section 481); 

25 or 


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1 ‘‘(II) a veteran who died while serving 

2 or performing, as described in subclause (I), 

3 since September 11, 2001, or has been dis4 abled while serving or performing, as de5 scribed in subclause (I), as a result of such 

6 event; and 

7 ‘‘(B) enrolled as a full-time or part-time 

8 student at an institution of higher education (as 

9 defined in section 102). 

10 ‘‘(3) AWARDING OF SCHOLARSHIPS.—Scholar11 ships awarded under this subsection shall be awarded 

12 based on need with priority given to eligible students 

13 who are eligible to receive Federal Pell Grants under 

14 subpart 1 of part A of title IV. 

15 ‘‘(4) MAXIMUM SCHOLARSHIP AMOUNT.—The 

16 maximum scholarship amount awarded to an eligible 

17 student under this subsection for an academic year 

18 shall be the lesser of— 

19 ‘‘(A) the difference between the eligible stu20 dent’s cost of attendance (as defined in section 

21 472) and any non-loan based aid such student 

22 receives; or 

23 ‘‘(B) $5,000. 

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1 section shall be used for scholarships awarded under 

2 this subsection.’’. 

3 SEC. 711. SPECIAL PROJECTS. 

4 Section 744(c) (20 U.S.C. 1138c) is amended to read 

5 as follows: 

6 ‘‘(c) AREAS OF NATIONAL NEED.—Areas of national 

7 need shall include, at a minimum, the following: 

8 ‘‘(1) Institutional restructuring to improve 

9 learning and promote productivity, efficiency, quality 

10 improvement, and cost and price control. 

11 ‘‘(2) Improvements in academic instruction and 

12 student learning, including efforts designed to assess 

13 the learning gains made by postsecondary students. 

14 ‘‘(3) Articulation between 2- and 4-year institu15 tions of higher education, including developing inno16 vative methods for ensuring the successful transfer of 

17 students from 2- to 4-year institutions of higher edu18 cation. 

19 ‘‘(4) Development, evaluation and dissemination 

20 of model programs, including model core curricula 

21 that— 

22 ‘‘(A) provide students with a broad and in23 tegrated knowledge base; 

24 ‘‘(B) include, at a minimum, broad survey 

25 courses in English literature, American and 


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1 world history, American political institutions, 

2 economics, philosophy, college-level mathematics, 

3 and the natural sciences; and 

4 ‘‘(C) include sufficient study of a foreign 

5 language to lead to reading and writing com6 petency in the foreign language. 

7 ‘‘(5) International cooperation and student ex8 changes among postsecondary educational institu9 tions.’’. 

10 SEC. 712. AUTHORIZATION OF APPROPRIATIONS FOR THE 

11 FUND FOR THE IMPROVEMENT OF POSTSEC12 ONDARY EDUCATION. 

13 Section 745 (20 U.S.C. 1138d) is amended by striking 

14 ‘‘$30,000,000 for fiscal year 1999’’ and all that follows 

15 through the period and inserting ‘‘such sums as may be nec16 essary for fiscal year 2008 and each of the 5 succeeding 

17 fiscal years.’’. 

18 SEC. 713. REPEAL OF THE URBAN COMMUNITY SERVICE 

19 PROGRAM. 

20 Part C of title VII (20 U.S.C. 1139 et seq.) is repealed. 

21 SEC. 714. GRANTS FOR STUDENTS WITH DISABILITIES. 

22 (a) GRANTS AUTHORIZED FOR DEMONSTRATION

23 PROJECTS TO ENSURE STUDENTS WITH DISABILITIES RE24 CEIVE A QUALITY HIGHER EDUCATION.—Section 762 (20 

25 U.S.C. 1140a) is amended— 


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1 (1) in subsection (b)— 

2 (A) in paragraph (2)— 

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

4 ‘‘to teach students with disabilities’’ and in5 serting ‘‘to teach and meet the academic 

6 and programmatic needs of students with 

7 disabilities in order to improve retention 

8 and completion of postsecondary edu9 cation’’; 

10 (ii) by redesignating subparagraphs 

11 (B) and (C) as subparagraphs (C) and (F), 

12 respectively; 

13 (iii) by inserting after subparagraph 

14 (A) the following: 

15 ‘‘(B) EFFECTIVE TRANSITION PRACTICES.— 

16 The development of innovative and effective 

17 teaching methods and strategies to ensure the 

18 successful transition of students with disabilities 

19 from secondary school to postsecondary edu20 cation.’’; 

21 (iv) in subparagraph (C), as redesig22 nated by clause (ii), by striking the period 

23 at the end and inserting ‘‘, including data 

24 on the postsecondary education of and im25 pact on subsequent employment of students 


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1 with disabilities. Such research, informa2 tion, and data shall be made publicly avail3 able and accessible.’’; 

4 (v) by inserting after subparagraph 

5 (C), as redesignated by clause (ii), the fol6 lowing: 

7 ‘‘(D) DISTANCE LEARNING.—The develop8 ment of innovative and effective teaching meth9 ods and strategies to provide faculty and admin10 istrators with the ability to provide accessible 

11 distance education programs or classes that 

12 would enhance access of students with disabilities 

13 to higher education, including the use of acces14 sible curriculum and electronic communication 

15 for instruction and advisement. 

16 ‘‘(E) DISABILITY CAREER PATHWAYS.— 

17 ‘‘(i) IN GENERAL.—Training and pro18 viding support to secondary and postsec19 ondary staff with respect to disability-re20 lated fields to— 

21 ‘‘(I) encourage interest and par22 ticipation in such fields, among stu23 dents with disabilities and other stu24 dents; 


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1 ‘‘(II) enhance awareness and un2 derstanding of such fields among such 

3 students; 

4 ‘‘(III) provide educational oppor5 tunities in such fields among such stu6 dents; 

7 ‘‘(IV) teach practical skills related 

8 to such fields among such students; and 

9 ‘‘(V) offer work-based opportuni10 ties in such fields among such students. 

11 ‘‘(ii) DEVELOPMENT.—The training 

12 and support described in clause (i) may in13 clude developing means to offer students 

14 credit-bearing, college-level coursework, and 

15 career and educational counseling.’’; and 

16 (vi) by adding at the end the following: 

17 ‘‘(G) ACCESSIBILITY OF EDUCATION.—Mak18 ing postsecondary education more accessible to 

19 students with disabilities through curriculum de20 velopment.’’; and 

21 (B) in paragraph (3), by striking ‘‘subpara22 graphs (A) through (C)’’ and inserting ‘‘subpara23 graphs (A) through (G)’’; and 

24 (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 2007, 

3 the Secretary shall prepare and disseminate a report re4 viewing the activities of the demonstration projects author5 ized under this subpart and providing guidance and rec6 ommendations on how successful projects can be rep7 licated.’’. 

8 (b) TRANSITION PROGRAMS FOR STUDENTS WITH IN9 TELLECTUAL DISABILITIES INTO HIGHER EDUCATION; CO10 ORDINATING CENTER.—Part D of title VII (20 U.S.C. 1140 

11 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 transiVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00945 Fmt 6652 Sfmt 6203 E:\BILLS\S1642.RS S1642

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1 tion 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 dis3 ability’ means a student whose mental retardation or 

4 other significant cognitive impairment substantially 

5 impacts the student’s intellectual and cognitive func6 tioning. 

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 annually 

12 award grants, on a competitive basis, to institutions 

13 of higher education (or consortia of institutions of 

14 higher education), to create or expand high-quality, 

15 inclusive model comprehensive transition and postsec16 ondary programs for students with intellectual dis17 abilities. 

18 ‘‘(2) NUMBER AND DURATION OF GRANTS.—The 

19 Secretary shall award not less than 10 grants per 

20 year under this section, and each grant awarded 

21 under this subsection shall be for a period of 5 years. 

22 ‘‘(b) APPLICATION.—An institution of higher edu23 cation (or a consortium) desiring a grant under this section 

24 shall submit an application to the Secretary at such time, 


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1 in such manner, and containing such information as the 

2 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 insti21 tution, the integration of students with intellec22 tual disabilities into such housing. 

23 ‘‘(C) The involvement of students attending 

24 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 comprehensive 

7 transition and postsecondary program for students with in8 tellectual disabilities that— 

9 ‘‘(1) serves students with intellectual disabilities, 

10 including students with intellectual disabilities who 

11 are no longer eligible for special education and re12 lated services under the Individuals with Disabilities 

13 Education Act; 

14 ‘‘(2) provides individual supports and services 

15 for the academic and social inclusion of students with 

16 intellectual disabilities in academic courses, extra17 curricular activities, and other aspects of the institu18 tion of higher education’s regular postsecondary pro19 gram; 

20 ‘‘(3) with respect to the students with intellectual 

21 disabilities participating in the model program, pro22 vides 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 career 

4 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 es10 tablished under section 774 in the evaluation of the 

11 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 of 

17 funds available under part B of the Individuals with 

18 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 in3 tellectual disabilities carried out under the grant, matching 

4 funds, which may be provided in cash or in-kind, in an 

5 amount not less than 25 percent of the amount of such grant 

6 funds. 

7 ‘‘(f) REPORT.—Not later than 3 years after the date 

8 of enactment of the Higher Education Amendments of 2007, 

9 the Secretary shall prepare and disseminate a report re10 viewing the activities of the model comprehensive transition 

11 and postsecondary programs for students with intellectual 

12 disabilities authorized under this subpart and providing 

13 guidance and recommendations on how successful programs 

14 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 with 

24 an eligible entity, for the purpose of establishing a co25 ordinating center for technical assistance, evaluation, 


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1 and development of accreditation standards for insti2 tutions of higher education that offer inclusive model 

3 comprehensive transition and postsecondary programs 

4 for students with intellectual disabilities. 

5 ‘‘(2) DURATION.—The cooperative agreement 

6 under this section shall be for a period of 5 years. 

7 ‘‘(b) REQUIREMENTS OF COOPERATIVE AGREE8 MENT.—The eligible entity entering into a cooperative 

9 agreement under this section shall establish and maintain 

10 a center that shall— 

11 ‘‘(1) serve as the technical assistance entity for 

12 all model comprehensive transition and postsecondary 

13 programs for students with intellectual disabilities as14 sisted under section 773; 

15 ‘‘(2) provide technical assistance regarding the 

16 development, evaluation, and continuous improve17 ment of such programs; 

18 ‘‘(3) develop an evaluation protocol for such pro19 grams that includes qualitative and quantitative 

20 methodology measuring student outcomes and pro21 gram strengths in the areas of academic enrichment, 

22 socialization, independent living, and competitive or 

23 supported employment; 

24 ‘‘(4) assist recipients of grants under section 773 

25 in efforts to award a meaningful credential to stuVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00952 Fmt 6652 Sfmt 6203 E:\BILLS\S1642.RS S1642

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1 dents with intellectual disabilities upon the comple2 tion of such programs, which credential takes into 

3 consideration unique State factors; 

4 ‘‘(5) develop model criteria, standards, and pro5 cedures to be used in accrediting such programs 

6 that— 

7 ‘‘(A) include, in the development of the 

8 model criteria, standards, and procedures for 

9 such programs, the participation of— 

10 ‘‘(i) an expert in higher education; 

11 ‘‘(ii) an expert in special education; 

12 ‘‘(iii) a disability organization that 

13 represents students with intellectual disabil14 ities; and 

15 ‘‘(iv) a State, regional, or national ac16 crediting agency or association recognized 

17 by the Secretary under subpart 2 of part H 

18 of title IV; and 

19 ‘‘(B) define the necessary components of 

20 such programs, such as— 

21 ‘‘(i) academic, vocational, social, and 

22 independent living skills; 

23 ‘‘(ii) evaluation of student progress; 

24 ‘‘(iii) program administration and 

25 evaluation; 


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1 ‘‘(iv) student eligibility; and 

2 ‘‘(v) issues regarding the equivalency of 

3 a student’s participation in such programs 

4 to semester, trimester, quarter, credit, or 

5 clock hours at an institution of higher edu6 cation, as the case may be; 

7 ‘‘(6) analyze possible funding streams for such 

8 programs and provide recommendations regarding the 

9 funding streams; 

10 ‘‘(7) develop model memoranda of agreement be11 tween institutions of higher education and agencies 

12 providing funding for such programs; 

13 ‘‘(8) develop mechanisms for regular communica14 tion between the recipients of grants under section 

15 773 regarding such programs; and 

16 ‘‘(9) host a meeting of all recipients of grants 

17 under section 773 not less often than once a year. 

18 ‘‘(c) DEFINITION OF ELIGIBLE ENTITY.—In this sec19 tion, the term ‘eligible entity’ means an entity, or a part20 nership of entities, that has demonstrated expertise in the 

21 fields of higher education, students with intellectual disabil22 ities, the development of comprehensive transition and post23 secondary programs for students with intellectual disabil24 ities, and evaluation. 


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1 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to carry out this section 

3 such sums as may be necessary.’’. 

4 (c) CONFORMING AMENDMENTS.—Part D of title VII 

5 (20 U.S.C. 1140 et seq.) is further amended— 

6 (1) in section 761, by striking ‘‘part’’ and insert7 ing ‘‘subpart’’; 

8 (2) in section 762 (as amended by subsection 

9 (a)), by striking ‘‘part’’ each place the term appears 

10 and inserting ‘‘subpart’’; 

11 (3) in section 763, by striking ‘‘part’’ both places 

12 the term appears and inserting ‘‘subpart’’; 

13 (4) in section 764, by striking ‘‘part’’ and insert14 ing ‘‘subpart’’; and 

15 (5) in section 765, by striking ‘‘part’’ and insert16 ing ‘‘subpart’’. 

17 SEC. 715. APPLICATIONS FOR DEMONSTRATION PROJECTS 

18 TO ENSURE STUDENTS WITH DISABILITIES 

19 RECEIVE A QUALITY HIGHER EDUCATION. 

20 Section 763 (as amended in section 714(c)(3)) (20 

21 U.S.C. 1140b) is further amended— 

22 (1) by striking paragraph (1) and inserting the 

23 following: 

24 ‘‘(1) a description of how such institution plans 

25 to address the activities allowed under this subpart;’’; 


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1 (2) in paragraph (2), by striking ‘‘and’’ after the 

2 semicolon; 

3 (3) in paragraph (3), by striking the period at 

4 the end and inserting ‘‘; and’’; and 

5 (4) by adding at the end the following: 

6 ‘‘(4) a description of the extent to which the in7 stitution will work to replicate the research based and 

8 best practices of institutions of higher education with 

9 demonstrated success in serving students with disabil10 ities.’’. 

11 SEC. 716. AUTHORIZATION OF APPROPRIATIONS FOR DEM12 ONSTRATION PROJECTS TO ENSURE STU13 DENTS WITH DISABILITIES RECEIVE A QUAL14 ITY HIGHER EDUCATION. 

15 Section 765 (20 U.S.C. 1140d) is amended by striking 

16 ‘‘$10,000,000 for fiscal year 1999’’ and all that follows 

17 through the period and inserting ‘‘such sums as may be nec18 essary for fiscal year 2008 and each of the 5 succeeding 

19 fiscal years.’’. 

20 SEC. 717. RESEARCH GRANTS. 

21 Title VII (20 U.S.C. 1133 et seq.) is further amended 

22 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 author4 ized to award grants, on a competitive basis, to eligible en5 tities 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 evaluate 

8 learning in higher education. 

9 ‘‘(b) DEFINITIONS.—In this section: 

10 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti11 ty’ 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 de26 sires a grant under this part shall submit an applicaVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00957 Fmt 6652 Sfmt 6203 E:\BILLS\S1642.RS S1642

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1 tion to the Secretary at such time, in such manner, 

2 and accompanied by such information as the Sec3 retary 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, insti9 tutions, associations, and other qualified individ10 uals as determined appropriate by the eligible 

11 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 or 

21 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 different— 

7 ‘‘(A) geographic regions; 

8 ‘‘(B) types of institutions of higher edu9 cation; and 

10 ‘‘(C) higher education accreditors. 

11 ‘‘(e) USE OF FUNDS.—Each eligible entity receiving 

12 a grant under this section may use the grant funds— 

13 ‘‘(1) to enable the eligible entity to improve the 

14 quality, validity, and reliability of existing assess15 ments used by institutions of higher education; 

16 ‘‘(2) to develop measures of student achievement 

17 using multiple measures of student achievement from 

18 multiple sources; 

19 ‘‘(3) to measure improvement in student achieve20 ment over time; 

21 ‘‘(4) to evaluate student achievement; 

22 ‘‘(5) to develop models of effective practices; and 

23 ‘‘(6) for a pilot or demonstration project of meas24 ures of student achievement. 


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1 ‘‘(f) MATCHING REQUIREMENT.—An eligible entity de2 scribed in subparagraph (A), (B), or (C) of subsection (b)(1) 

3 that receives a grant under this section shall provide for 

4 each fiscal year, from non-Federal sources, an amount 

5 (which may be provided in cash or in kind), to carry out 

6 the activities supported by the grant, equal to 50 percent 

7 of the amount received for the fiscal year under the grant. 

8 ‘‘(g) SUPPLEMENT, NOT SUPPLANT.—Grant funds 

9 provided under this section shall be used to supplement, not 

10 supplant, other Federal or State funds. 

11 ‘‘(h) REPORT.— 

12 ‘‘(1) REPORT.—The Secretary shall provide an 

13 annual report to Congress on the implementation of 

14 the grant program assisted under this section. 

15 ‘‘(2) CONTENT.—The report shall include— 

16 ‘‘(A) information regarding the development 

17 or improvement of scientifically valid and reli18 able measures of student achievement; 

19 ‘‘(B) a description of the assessments or 

20 other measures developed by eligible entities; 

21 ‘‘(C) the results of any pilot or demonstra22 tion projects assisted under this section; and 

23 ‘‘(D) such other information as the Sec24 retary may require.’’. 


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1 TITLE VIII—MISCELLANEOUS 

2 SEC. 801. MISCELLANEOUS. 

3 The Act (20 U.S.C. 1001 et seq.) is amended by adding 

4 at the end the following: 

5 ‘‘TITLE VIII—MISCELLANEOUS 

6 ‘‘PART A—MATHEMATICS AND SCIENCE 

7 SCHOLARS PROGRAM 

8 ‘‘SEC. 811. MATHEMATICS AND SCIENCE SCHOLARS PRO9 GRAM. 

10 ‘‘(a) PROGRAM AUTHORIZED.—The Secretary is au11 thorized to award grants to States, on a competitive basis, 

12 to enable the States to award eligible students, who complete 

13 a rigorous secondary school curriculum in mathematics and 

14 science, scholarships for undergraduate study. 

15 ‘‘(b) ELIGIBLE STUDENTS.—A student is eligible for 

16 a scholarship under this section if the student is a full-time 

17 undergraduate student in the student’s first and second year 

18 of study who has completed a rigorous secondary school cur19 riculum in mathematics and science. 

20 ‘‘(c) RIGOROUS CURRICULUM.—Each participating 

21 State shall determine the requirements for a rigorous sec22 ondary school curriculum in mathematics and science de23 scribed in subsection (b). 

24 ‘‘(d) PRIORITY FOR SCHOLARSHIPS.—The Governor of 

25 a State may set a priority for awarding scholarships under 


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1 this section for particular eligible students, such as students 

2 attending schools in high-need areas, students who are from 

3 groups underrepresented in the fields of mathematics, 

4 science, and engineering, students served by local edu5 cational agencies that do not meet or exceed State standards 

6 in mathematics and science, or students with regional or 

7 geographic needs as determined appropriate by the Gov8 ernor. 

9 ‘‘(e) AMOUNT AND DURATION OF SCHOLARSHIP.—The 

10 Secretary shall award a grant under this section— 

11 ‘‘(1) in an amount that does not exceed $1,000; 

12 and 

13 ‘‘(2) for not more than 2 years of undergraduate 

14 study. 

15 ‘‘(f) MATCHING REQUIREMENT.—In order to receive a 

16 grant under this section, a State shall provide matching 

17 funds for the scholarships awarded under this section in an 

18 amount equal to 50 percent of the Federal funds received. 

19 ‘‘(g) AUTHORIZATION.—There are authorized to be ap20 propriated to carry out this section such sums as may be 

21 necessary for fiscal year 2008 and each of the 5 succeeding 

22 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 the 

11 contract described in subsection (a) not later than 90 days 

12 after the date of enactment of the Higher Education Amend13 ments of 2007. 

14 ‘‘(c) MATTERS ASSESSED.—The assessment described 

15 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 that 

23 may be utilized to control postsecondary education 

24 costs in the future; and 


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1 ‘‘(4) identify systemic approaches to monitor fu2 ture postsecondary education cost trends and postsec3 ondary 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 author9 ized 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 defined 

18 in section 101 of the Workforce Investment Act 

19 of 1998); or 

20 ‘‘(B) if an institution of higher education is 

21 located within a State that does not operate local 

22 boards, between the institution of higher edu23 cation and a State board (as such term is de24 fined in section 101 of the Workforce Investment 

25 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, or 

9 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.—The 

15 term ‘institution of higher education’ means an insti16 tution 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 the 

18 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 in 

24 employment in high-growth occupations or in25 dustries; 


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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 remote 

7 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 of 

15 training that provide training for high-growth occu16 pations or industries; 

17 ‘‘(3) to support outreach efforts that enable stu18 dents to attend institutions of higher education with 

19 academic programs or programs of training focused 

20 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 determines 

6 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 ex14 ceed 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 pro11 gram to accommodate additional R.N. nursing pro12 gram students; or 

13 ‘‘(2) a graduate-level nursing program to accom14 modate advanced practice degrees for R.N.s or to ac15 commodate students enrolled in a graduate-level nurs16 ing program to provide teachers of nursing students. 

17 ‘‘(b) DETERMINATION OF NUMBER OF STUDENTS AND

18 APPLICATION.—Each institution of higher education that 

19 offers a program described in subsection (a) that desires to 

20 receive a grant under this section shall— 

21 ‘‘(1) determine for the 4 academic years pre22 ceding the academic year for which the determination 

23 is made the average number of matriculated nursing 

24 program students at such institution for such aca25 demic years; and 


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1 ‘‘(2) submit an application to the Secretary at 

2 such time, in such manner, and accompanied by such 

3 information as the Secretary may require, including 

4 the average number determined under paragraph (1). 

5 ‘‘(c) GRANT AMOUNT; AWARD BASIS.— 

6 ‘‘(1) GRANT AMOUNT.—For each academic year 

7 after academic year 2006-2007, the Secretary shall 

8 provide to each institution of higher education award9 ed a grant under this section an amount that is equal 

10 to $3,000 multiplied by the number of matriculated 

11 nursing program students at such institution for such 

12 academic year that is more than the average number 

13 determined with respect to such institution under sub14 section (b)(1). Such amount shall be used for the pur15 poses described in subsection (a). 

16 ‘‘(2) DISTRIBUTION OF GRANTS AMONG DIF17 FERENT DEGREE PROGRAMS.— 

18 ‘‘(A) IN GENERAL.—Subject to subpara19 graph (B), from the funds available to award 

20 grants under this section for each fiscal year, the 

21 Secretary shall— 

22 ‘‘(i) use 20 percent of such funds to 

23 award grants under this section to institu24 tions of higher education for the purpose of 

25 accommodating advanced practice degrees 


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1 or students in graduate-level nursing pro2 grams; 

3 ‘‘(ii) use 40 percent of such funds to 

4 award grants under this section to institu5 tions of higher education for the purpose of 

6 expanding R.N. nursing programs at the 

7 baccalaureate degree level; and 

8 ‘‘(iii) use 40 percent of such funds to 

9 award grants under this section to institu10 tions of higher education for the purpose of 

11 expanding R.N. nursing programs at the 

12 associate degree level. 

13 ‘‘(B) DISTRIBUTION OF EXCESS FUNDS.—If, 

14 for a fiscal year, funds described in clause (i), 

15 (ii), or (iii) of subparagraph (A) remain after 

16 the Secretary awards grants under this section to 

17 all applicants for the particular category of 

18 nursing programs described in such clause, the 

19 Secretary shall use equal amounts of the remain20 ing funds to award grants under this section to 

21 applicants for the remaining categories of nurs22 ing programs. 

23 ‘‘(C) EQUITABLE DISTRIBUTION.—In 

24 awarding grants under this section, the Sec25 retary shall, to the extent practicable, ensure— 


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1 ‘‘(i) an equitable geographic distribu2 tion of the grants among the States; and 

3 ‘‘(ii) an equitable distribution of the 

4 grants among different types of institutions 

5 of higher education. 

6 ‘‘(d) PROHIBITION.— 

7 ‘‘(1) IN GENERAL.—Funds provided under this 

8 section may not be used for the construction of new 

9 facilities. 

10 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

11 paragraph (1) shall be construed to prohibit funds 

12 provided under this section from being used for the re13 pair or renovation of facilities. 

14 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are 

15 authorized to be appropriated to carry out this section such 

16 sums as may be necessary. 

17 ‘‘PART E—AMERICAN HISTORY FOR FREEDOM 

18 ‘‘SEC. 831. AMERICAN HISTORY FOR FREEDOM. 

19 ‘‘(a) GRANTS AUTHORIZED.—The Secretary is author20 ized to award 3-year grants, on a competitive basis, to eligi21 ble institutions to establish or strengthen postsecondary aca22 demic programs or centers that promote and impart knowl23 edge of— 

24 ‘‘(1) traditional American history; 


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1 ‘‘(2) the history and nature of, and threats to, 

2 free institutions; or 

3 ‘‘(3) the history and achievements of Western civ4 ilization. 

5 ‘‘(b) DEFINITIONS.—In this section: 

6 ‘‘(1) ELIGIBLE INSTITUTION.—The term ‘eligible 

7 institution’ means an institution of higher education 

8 as defined in section 101. 

9 ‘‘(2) FREE INSTITUTION.—The term ‘free institu10 tion’ means an institution that emerged out of West11 ern civilization, such as democracy, constitutional 

12 government, individual rights, market economics, reli13 gious freedom and religious tolerance, and freedom of 

14 thought and inquiry. 

15 ‘‘(3) TRADITIONAL AMERICAN HISTORY.—The 

16 term ‘traditional American history’ means— 

17 ‘‘(A) the significant constitutional, political, 

18 intellectual, economic, and foreign policy trends 

19 and issues that have shaped the course of Amer20 ican history; and 

21 ‘‘(B) the key episodes, turning points, and 

22 leading figures involved in the constitutional, po23 litical, intellectual, diplomatic, and economic 

24 history of the United States. 

25 ‘‘(c) APPLICATION.— 


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1 ‘‘(1) IN GENERAL.—Each eligible institution that 

2 desires a grant under this part shall submit an appli3 cation to the Secretary at such time, in such manner, 

4 and accompanied by such additional information as 

5 the Secretary may require. 

6 ‘‘(2) CONTENTS.—Each application submitted 

7 under subsection (a) shall include a description of — 

8 ‘‘(A) how funds made available under this 

9 part will be used for the activities set forth under 

10 subsection (e), including how such activities will 

11 increase knowledge with respect to traditional 

12 American history, free institutions, or Western 

13 civilization; 

14 ‘‘(B) how the eligible institution will ensure 

15 that information about the activities funded 

16 under this part is widely disseminated pursuant 

17 to subsection (e)(1)(B); 

18 ‘‘(C) any activities to be undertaken pursu19 ant to subsection (e)(2)(A), including identifica20 tion of entities intended to participate; 

21 ‘‘(D) how funds made available under this 

22 part shall be used to supplement and not sup23 plant non-Federal funds available for the activi24 ties described in subsection (e); and 


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1 ‘‘(E) such fiscal controls and accounting 

2 procedures as may be necessary to ensure proper 

3 disbursement of and accounting for funding 

4 made available to the eligible institution under 

5 this part. 

6 ‘‘(d) AWARD BASIS.—In awarding grants under this 

7 part, the Secretary shall take into consideration the capa8 bility of the eligible institution to— 

9 ‘‘(1) increase access to quality programming that 

10 expands knowledge of traditional American history, 

11 free institutions, or Western civilization; 

12 ‘‘(2) involve personnel with strong expertise in 

13 traditional American history, free institutions, or 

14 Western civilization; and 

15 ‘‘(3) sustain the activities funded under this part 

16 after the grant has expired. 

17 ‘‘(e) USE OF FUNDS.— 

18 ‘‘(1) REQUIRED USE OF FUNDS.—Funds pro19 vided under this part shall be used to— 

20 ‘‘(A) establish or strengthen academic pro21 grams or centers focused on traditional Amer22 ican history, free institutions, or Western civili23 zation, which may include— 


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1 ‘‘(i) design and implementation of pro2 grams of study, courses, lecture series, semi3 nars, 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 tradi14 tional 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 (includ20 ing students enrolled in teacher education 

21 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; and 

2 ‘‘(v) within the local community. 

3 ‘‘(2) ALLOWABLE USES OF FUNDS.—Funds pro4 vided under this part may be used to support— 

5 ‘‘(A) collaboration with entities such as— 

6 ‘‘(i) local educational agencies, for the 

7 purpose of providing elementary, middle 

8 and secondary school teachers an oppor9 tunity to enhance their knowledge of tradi10 tional American history, free institutions, 

11 or Western civilization; and 

12 ‘‘(ii) nonprofit organizations whose 

13 mission is consistent with the purpose of 

14 this part, such as academic organizations, 

15 museums, and libraries, for assistance in 

16 carrying out activities described under sub17 section (a); and 

18 ‘‘(B) other activities that meet the purposes 

19 of this part. 

20 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—For the 

21 purpose of carrying out this part, there are authorized to 

22 be appropriated such sums as may be necessary for fiscal 

23 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 qualified’, 

5 ‘local educational agency’, and ‘Secretary’ have the 

6 meanings given the terms in section 9101 of the Ele7 mentary and Secondary Education Act of 1965 (20 

8 U.S.C. 7801). 

9 ‘‘(2) GRANTEE.—The term ‘grantee’ means Teach 

10 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 author16 ized to award a grant to Teach For America, Inc., the na17 tional teacher corps of outstanding recent college graduates 

18 who commit to teach for 2 years in underserved commu19 nities in the United States, to implement and expand its 

20 program of recruiting, selecting, training, and supporting 

21 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 section— 


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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 under 

10 this section shall be used by the grantee to carry out 

11 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 and 

18 theory. 

19 ‘‘(C) Placing the teachers in schools and po20 sitions designated by partner local educational 

21 agencies as high need placements serving under22 served students. 

23 ‘‘(D) Providing ongoing professional devel24 opment activities for the teachers’ first 2 years 

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1 servations and feedback, and ongoing training 

2 and support. 

3 ‘‘(2) LIMITATION.—The grantee shall use all 

4 grant funds received under this section to support ac5 tivities related directly to the recruitment, selection, 

6 training, and support of teachers as described in sub7 section (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 the 

13 teachers provided to local educational agencies 

14 through a grant under this section; 

15 ‘‘(B) an externally conducted analysis of the 

16 satisfaction of local educational agencies and 

17 principals with the teachers so provided; and 

18 ‘‘(C) comprehensive data on the background 

19 of the teachers chosen, the training the teachers 

20 received, the placement sites of the teachers, the 

21 professional development of the teachers, and the 

22 retention of the teachers. 

23 ‘‘(2) STUDY.— 

24 ‘‘(A) IN GENERAL.—From funds appro25 priated under subsection (f), the Secretary shall 


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1 provide for a study that examines the achieve2 ment levels of the students taught by the teachers 

3 assisted under this section. 

4 ‘‘(B) ACHIEVEMENT GAINS COMPARED.— 

5 The study shall compare, within the same 

6 schools, the achievement gains made by students 

7 taught by teachers who are assisted under this 

8 section with the achievement gains made by stu9 dents taught by teachers who are not assisted 

10 under this section. 

11 ‘‘(3) REQUIREMENTS.—The Secretary shall pro12 vide for such a study not less than once every 3 years, 

13 and each such study shall include multiple placement 

14 sites and multiple schools within placement sites. 

15 ‘‘(4) PEER REVIEW STANDARDS.—Each such 

16 study shall meet the peer review standards of the edu17 cation research community. 

18 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 

19 ‘‘(1) IN GENERAL.—There are authorized to be 

20 appropriated to carry out this section such sums as 

21 may be necessary for fiscal year 2008 and each of the 

22 5 succeeding fiscal years. 

23 ‘‘(2) LIMITATION.—The grantee shall not use 

24 more than 25 percent of Federal funds from any 

25 source for administrative costs. 


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1 ‘‘PART G—PATSY T. MINK FELLOWSHIP PROGRAM 

2 ‘‘SEC. 841. PATSY T. MINK FELLOWSHIP PROGRAM. 

3 ‘‘(a) PURPOSE.— 

4 ‘‘(1) IN GENERAL.—It is the purpose of this sec5 tion to provide, through eligible institutions, a pro6 gram of fellowship awards to assist highly qualified 

7 minorities and women to acquire the doctoral degree, 

8 or highest possible degree available, in academic areas 

9 in which such individuals are underrepresented for 

10 the purpose of enabling such individuals to enter the 

11 higher education professoriate. 

12 ‘‘(2) DESIGNATION.—Each recipient of a fellow13 ship award from an eligible institution receiving a 

14 grant under this section shall be known as a ‘Patsy 

15 T. Mink Graduate Fellow’. 

16 ‘‘(b) DEFINITIONS.—In this section, the term ‘eligible 

17 institution’ means an institution of higher education, or a 

18 consortium of such institutions, that offers a program of 

19 postbaccalaureate study leading to a graduate degree. 

20 ‘‘(c) PROGRAM AUTHORIZED.— 

21 ‘‘(1) GRANTS BY SECRETARY.— 

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

23 award grants to eligible institutions to enable 

24 such institutions to make fellowship awards to 

25 individuals in accordance with the provisions of 

26 this section. 


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1 ‘‘(B) PRIORITY CONSIDERATION.—In 

2 awarding grants under this section, the Sec3 retary shall consider the eligible institution’s 

4 prior experience in producing doctoral degree, or 

5 highest possible degree available, holders who are 

6 minorities and women, and shall give priority 

7 consideration in making grants under this sec8 tion to those eligible institutions with a dem9 onstrated record of producing minorities and 

10 women who have earned such degrees. 

11 ‘‘(2) APPLICATIONS.— 

12 ‘‘(A) IN GENERAL.—An eligible institution 

13 that desires a grant under this section shall sub14 mit an application to the Secretary at such time, 

15 in such manner, and containing such informa16 tion as the Secretary may require. 

17 ‘‘(B) APPLICATIONS MADE ON BEHALF.— 

18 ‘‘(i) IN GENERAL.—The following enti19 ties may submit an application on behalf of 

20 an eligible institution: 

21 ‘‘(I) A graduate school or depart22 ment of such institution. 

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1 tion with an undergraduate college or 

2 university of such institution. 

3 ‘‘(III) An organizational unit 

4 within such institution that offers a 

5 program of postbaccalaureate study 

6 leading to a graduate degree, including 

7 an interdisciplinary or an interdepart8 mental program. 

9 ‘‘(IV) A nonprofit organization 

10 with a demonstrated record of helping 

11 minorities and women earn 

12 postbaccalaureate degrees. 

13 ‘‘(ii) NONPROFIT ORGANIZATIONS.— 

14 Nothing in this paragraph shall be con15 strued to permit the Secretary to award a 

16 grant under this section to an entity other 

17 than an eligible institution. 

18 ‘‘(3) SELECTION OF APPLICATIONS.—In award19 ing grants under subsection (a), the Secretary shall— 

20 ‘‘(A) take into account— 

21 ‘‘(i) the number and distribution of 

22 minority and female faculty nationally; 

23 ‘‘(ii) the current and projected need for 

24 highly trained individuals in all areas of 

25 the higher education professoriate; and 


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1 ‘‘(iii) the present and projected need 

2 for highly trained individuals in academic 

3 career fields in which minorities and 

4 women are underrepresented in the higher 

5 education professoriate; and 

6 ‘‘(B) consider the need to prepare a large 

7 number of minorities and women generally in 

8 academic career fields of high national priority, 

9 especially in areas in which such individuals are 

10 traditionally underrepresented in college and 

11 university faculty. 

12 ‘‘(4) DISTRIBUTION AND AMOUNTS OF GRANTS.— 

13 ‘‘(A) EQUITABLE DISTRIBUTION.—In 

14 awarding grants under this section, the Sec15 retary shall, to the maximum extent feasible, en16 sure an equitable geographic distribution of 

17 awards and an equitable distribution among 

18 public and independent eligible institutions that 

19 apply for grants under this section and that 

20 demonstrate an ability to achieve the purpose of 

21 this section. 

22 ‘‘(B) SPECIAL RULE.—To the maximum ex23 tent practicable, the Secretary shall use not less 

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1 suant to subsection (f) to award grants to eligible 

2 institutions that— 

3 ‘‘(i) are eligible for assistance under 

4 title III or title V; or 

5 ‘‘(ii) have formed a consortium that 

6 includes both non-minority serving institu7 tions and minority serving institutions. 

8 ‘‘(C) ALLOCATION.—In awarding grants 

9 under this section, the Secretary shall allocate 

10 appropriate funds to those eligible institutions 

11 whose applications indicate an ability to signifi12 cantly increase the numbers of minorities and 

13 women entering the higher education professo14 riate and that commit institutional resources to 

15 the attainment of the purpose of this section. 

16 ‘‘(D) NUMBER OF FELLOWSHIP AWARDS.— 

17 An eligible institution that receives a grant 

18 under this section shall make not less than 15 

19 fellowship awards. 

20 ‘‘(E) REALLOTMENT.—If the Secretary de21 termines that an eligible institution awarded a 

22 grant under this section is unable to use all of 

23 the grant funds awarded to the institution, the 

24 Secretary shall reallot, on such date during each 

25 fiscal year as the Secretary may fix, the unused 


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1 funds to other eligible institutions that dem2 onstrate that such institutions can use any re3 allocated grant funds to make fellowship awards 

4 to individuals under this section. 

5 ‘‘(5) INSTITUTIONAL ALLOWANCE.— 

6 ‘‘(A) IN GENERAL.— 

7 ‘‘(i) NUMBER OF ALLOWANCES.—In 

8 awarding grants under this section, the Sec9 retary shall pay to each eligible institution 

10 awarded a grant, for each individual 

11 awarded a fellowship by such institution 

12 under this section, an institutional allow13 ance. 

14 ‘‘(ii) AMOUNT.—Except as provided in 

15 paragraph (3), an institutional allowance 

16 shall be in an amount equal to, for aca17 demic year 2007–2008 and succeeding aca18 demic years, the amount of institutional al19 lowance made to an institution of higher 

20 education under section 715 for such aca21 demic year. 

22 ‘‘(B) USE OF FUNDS.—Institutional allow23 ances may be expended in the discretion of the 

24 eligible institution and may be used to provide, 

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1 demic support and career transition services for 

2 individuals awarded fellowships by such institu3 tion. 

4 ‘‘(C) REDUCTION.—The institutional allow5 ance paid under paragraph (1) shall be reduced 

6 by the amount the eligible institution charges 

7 and collects from a fellowship recipient for tui8 tion and other expenses as part of the recipient’s 

9 instructional program. 

10 ‘‘(D) USE FOR OVERHEAD PROHIBITED.— 

11 Funds made available under this section may 

12 not be used for general operational overhead of 

13 the academic department or institution receiving 

14 funds under this section. 

15 ‘‘(d) FELLOWSHIP RECIPIENTS.— 

16 ‘‘(1) AUTHORIZATION.—An eligible institution 

17 that receives a grant under this section shall use the 

18 grant funds to make fellowship awards to minorities 

19 and women who are enrolled at such institution in a 

20 doctoral degree, or highest possible degree available, 

21 program and— 

22 ‘‘(A) intend to pursue a career in instruc23 tion at— 

24 ‘‘(i) an institution of higher education 

25 (as the term is defined in section 101); 


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1 ‘‘(ii) an institution of higher education 

2 (as the term is defined in section 

3 102(a)(1)); 

4 ‘‘(iii) an institution of higher edu5 cation outside the United States (as the 

6 term is described in section 102(a)(2)); or 

7 ‘‘(iv) a proprietary institution of high8 er education (as the term is defined in sec9 tion 102(b)); and 

10 ‘‘(B) sign an agreement with the Secretary 

11 agreeing— 

12 ‘‘(i) to begin employment at an insti13 tution described in paragraph (1) not later 

14 than 3 years after receiving the doctoral de15 gree or highest possible degree available, 

16 which 3-year period may be extended by the 

17 Secretary for extraordinary circumstances; 

18 and 

19 ‘‘(ii) to be employed by such institu20 tion for 1 year for each year of fellowship 

21 assistance received under this section. 

22 ‘‘(2) FAILURE TO COMPLY.—If an individual 

23 who receives a fellowship award under this section 

24 fails to comply with the agreement signed pursuant to 


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1 subsection (a)(2), then the Secretary shall do 1 or 

2 both of the following: 

3 ‘‘(A) Require the individual to repay all or 

4 the applicable portion of the total fellowship 

5 amount awarded to the individual by converting 

6 the balance due to a loan at the interest rate ap7 plicable to loans made under part B of title IV. 

8 ‘‘(B) Impose a fine or penalty in an 

9 amount to be determined by the Secretary. 

10 ‘‘(3) WAIVER AND MODIFICATION.— 

11 ‘‘(A) REGULATIONS.—The Secretary shall 

12 promulgate regulations setting forth criteria to 

13 be considered in granting a waiver for the serv14 ice requirement under subsection (a)(2). 

15 ‘‘(B) CONTENT.—The criteria under para16 graph (1) shall include whether compliance with 

17 the service requirement by the fellowship recipi18 ent would be— 

19 ‘‘(i) inequitable and represent an ex20 traordinary hardship; or 

21 ‘‘(ii) deemed impossible because the in22 dividual is permanently and totally dis23 abled at the time of the waiver request. 

24 ‘‘(4) AMOUNT OF FELLOWSHIP AWARDS.—Fellow25 ship awards under this section shall consist of a stiVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 00990 Fmt 6652 Sfmt 6203 E:\BILLS\S1642.RS S1642

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1 pend in an amount equal to the level of support pro2 vided to the National Science Foundation graduate 

3 fellows, except that such stipend shall be adjusted as 

4 necessary so as not to exceed the fellow’s tuition and 

5 fees or demonstrated need (as determined by the insti6 tution of higher education where the graduate student 

7 is enrolled), whichever is greater. 

8 ‘‘(5) ACADEMIC PROGRESS REQUIRED.—An indi9 vidual student shall not be eligible to receive a fellow10 ship award— 

11 ‘‘(A) except during periods in which such 

12 student is enrolled, and such student is main13 taining satisfactory academic progress in, and 

14 devoting essentially full time to, study or re15 search in the pursuit of the degree for which the 

16 fellowship support was awarded; and 

17 ‘‘(B) if the student is engaged in gainful 

18 employment, other than part-time employment 

19 in teaching, research, or similar activity deter20 mined by the eligible institution to be consistent 

21 with and supportive of the student’s progress to22 ward the appropriate degree. 

23 ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec24 tion shall be construed to require an eligible institution that 

25 receives a grant under this section— 


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1 ‘‘(1) to grant a preference or to differentially 

2 treat any applicant for a faculty position as a result 

3 of the institution’s participation in the program 

4 under this section; or 

5 ‘‘(2) to hire a Patsy T. Mink Fellow who com6 pletes this program and seeks employment at such in7 stitution. 

8 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is 

9 authorized to be appropriated to carry out this section such 

10 sums as may be necessary for fiscal year 2008 for each of 

11 the 5 succeeding fiscal years. 

12 ‘‘PART H—IMPROVING COLLEGE ENROLLMENT BY 

13 SECONDARY SCHOOLS 

14 ‘‘SEC. 846. IMPROVING COLLEGE ENROLLMENT BY SEC15 ONDARY SCHOOLS. 

16 ‘‘(a) IN GENERAL.—The Secretary shall contract with 

17 1 nonprofit organization described in subsection (b) to en18 able the nonprofit organization— 

19 ‘‘(1) to make publicly available the year-to-year 

20 higher education enrollment rate trends of secondary 

21 school students, disaggregated by secondary school, in 

22 full compliance with the Family Education Rights 

23 and Privacy Act of 1974; 

24 ‘‘(2) to identify not less than 50 urban local edu25 cational agencies and 5 States with significant rural 


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1 populations, each serving a significant population of 

2 low-income students, and to carry out a comprehen3 sive needs assessment in the agencies and States of the 

4 factors known to contribute to improved higher edu5 cation enrollment rates, which factors shall include— 

6 ‘‘(A) an evaluation of the local educational 

7 agency’s and State’s leadership strategies; 

8 ‘‘(B) the secondary school curriculum and 

9 class offerings of the local educational agency 

10 and State; 

11 ‘‘(C) the professional development used by 

12 the local educational agency and the State to as13 sist teachers, higher education counselors, and 

14 administrators in supporting the transition of 

15 secondary students into higher education; 

16 ‘‘(D) secondary school student attendance 

17 and other factors demonstrated to be associated 

18 with enrollment into higher education; 

19 ‘‘(E) the data systems used by the local edu20 cational agency and the State to measure college 

21 enrollment rates and the incentives in place to 

22 motivate the efforts of faculty and students to 

23 improve student and school-wide outcomes; and 

24 ‘‘(F) strategies to mobilize student leaders to 

25 build a college-bound culture; and 


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1 ‘‘(3) to provide comprehensive services to im2 prove the school-wide higher education enrollment 

3 rates of each of not less than 10 local educational 

4 agencies and States, with the federally funded portion 

5 of each project declining by not less than 20 percent 

6 each year beginning in the second year of the com7 prehensive services, that— 

8 ‘‘(A) participated in the needs assessment 

9 described in paragraph (2); and 

10 ‘‘(B) demonstrated a willingness and com11 mitment to improving the higher education en12 rollment rates of the local educational agency or 

13 State, respectively. 

14 ‘‘(b) GRANT RECIPIENT CRITERIA.—The recipient of 

15 the grant awarded under subsection (a) shall be a nonprofit 

16 organization with demonstrated expertise— 

17 ‘‘(1) in increasing school-wide higher education 

18 enrollment rates in low-income communities nation19 wide by providing curriculum, training, and tech20 nical assistance to secondary school staff and student 

21 peer influencers; and 

22 ‘‘(2) in a college transition data management 

23 system. 

24 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are 

25 authorized to be appropriated to carry out this section such 


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1 sums as are necessary for fiscal year 2008 and each of the 

2 5 succeeding fiscal years. 

3 ‘‘PART I—PREDOMINANTLY BLACK INSTITUTIONS 

4 ‘‘SEC. 850. PREDOMINANTLY BLACK INSTITUTIONS. 

5 ‘‘(a) PURPOSE.—It is the purpose of this section to as6 sist Predominantly Black Institutions in expanding edu7 cational opportunity through a program of Federal assist8 ance. 

9 ‘‘(b) DEFINITIONS.—In this section: 

10 ‘‘(1) EDUCATIONAL AND GENERAL EXPENDI11 TURES.—The term ‘educational and general expendi12 tures’ has the meaning given the term in section 312. 

13 ‘‘(2) ELIGIBLE INSTITUTION.—The term ‘eligible 

14 institution’ means an institution of higher education 

15 that— 

16 ‘‘(A) has an enrollment of needy under17 graduate students; 

18 ‘‘(B) has an average educational and gen19 eral expenditure which is low, per full-time 

20 equivalent undergraduate student in comparison 

21 with the average educational and general ex22 penditure per full-time equivalent undergraduate 

23 student of institutions that offer similar instruc24 tion, except that the Secretary may apply the 

25 waiver requirements described in section 392(b) 


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1 to this subparagraph in the same manner as the 

2 Secretary applies the waiver requirements to sec3 tion 312(b)(1)(B); 

4 ‘‘(C) has an enrollment of undergraduate 

5 students that is not less than 40 percent Black 

6 American students; 

7 ‘‘(D) is legally authorized to provide, and 

8 provides within the State, an educational pro9 gram for which the institution of higher edu10 cation awards a baccalaureate degree, or in the 

11 case of a junior or community college, an associ12 ate’s degree; and 

13 ‘‘(E) is accredited by a nationally recog14 nized accrediting agency or association deter15 mined by the Secretary to be a reliable authority 

16 as to the quality of training offered, or is, ac17 cording to such an agency or association, mak18 ing reasonable progress toward accreditation. 

19 ‘‘(3) ENDOWMENT FUND.—The term ‘endowment 

20 fund’ has the meaning given the term in section 312. 

21 ‘‘(4) ENROLLMENT OF NEEDY STUDENTS.—The 

22 term ‘enrollment of needy students’ means the enroll23 ment at an eligible institution with respect to which 

24 not less than 50 percent of the undergraduate students 


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1 enrolled in an academic program leading to a de2 gree— 

3 ‘‘(A) in the second fiscal year preceding the 

4 fiscal year for which the determination is made, 

5 were Federal Pell Grant recipients for such year; 

6 ‘‘(B) come from families that receive bene7 fits under a means-tested Federal benefit pro8 gram; 

9 ‘‘(C) attended a public or nonprofit private 

10 secondary school— 

11 ‘‘(i) that is in the school district of a 

12 local educational agency that was eligible 

13 for assistance under part A of title I of the 

14 Elementary and Secondary Education Act 

15 of 1965 for any year during which the stu16 dent attended such secondary school; and 

17 ‘‘(ii) which for the purpose of this 

18 paragraph and for that year was deter19 mined by the Secretary (pursuant to regula20 tions and after consultation with the State 

21 educational agency of the State in which the 

22 school is located) to be a school in which the 

23 enrollment of children counted under section 

24 1113(a)(5) of such Act exceeds 30 percent of 

25 the total enrollment of such school; or 


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1 ‘‘(D) are first-generation college students 

2 and a majority of such first-generation college 

3 students are low-income individuals. 

4 ‘‘(5) FIRST GENERATION COLLEGE STUDENT.— 

5 The term ‘first generation college student’ has the 

6 meaning given the term in section 402A(g). 

7 ‘‘(6) LOW-INCOME INDIVIDUAL.—The term ‘low8 income individual’ has the meaning given such term 

9 in section 402A(g). 

10 ‘‘(7) MEANS-TESTED FEDERAL BENEFIT PRO11 GRAM.—The term ‘means-tested Federal benefit pro12 gram’ means a program of the Federal Government, 

13 other than a program under title IV, in which eligi14 bility for the program’s benefits, or the amount of 

15 such benefits, are determined on the basis of income 

16 or resources of the individual or family seeking the 

17 benefit. 

18 ‘‘(8) PREDOMINANTLY BLACK INSTITUTION.—The 

19 term ‘Predominantly Black Institution’ means an in20 stitution of higher education, as defined in section 

21 101(a)— 

22 ‘‘(A) that is an eligible institution with not 

23 less than 1,000 undergraduate students; 

24 ‘‘(B) at which not less than 50 percent of 

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1 ble institution are low-income individuals or 

2 first generation college students; and 

3 ‘‘(C) at which not less than 50 percent of 

4 the undergraduate students are enrolled in an 

5 educational program leading to a bachelor’s or 

6 associate’s degree that the eligible institution is 

7 licensed to award by the State in which the eligi8 ble institution is located. 

9 ‘‘(9) STATE.—The term ‘State’ means each of the 

10 50 States and the District of Columbia. 

11 ‘‘(c) GRANT AUTHORITY.— 

12 ‘‘(1) IN GENERAL.—The Secretary is authorized 

13 to award grants, from allotments under subsection 

14 (e), to Predominantly Black Institutions to enable the 

15 Predominantly Black Institutions to carry out the 

16 authorized activities described in subsection (d). 

17 ‘‘(2) PRIORITY.—In awarding grants under this 

18 section the Secretary shall give priority to Predomi19 nantly Black Institutions with large numbers or per20 centages of students described in subsections (b)(2)(A) 

21 or (b)(2)(C). The level of priority given to Predomi22 nantly Black Institutions with large numbers or per23 centages of students described in subsection (b)(2)(A) 

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1 nantly Black Institutions with large numbers or per2 centages of students described in subsection (b)(2)(C). 

3 ‘‘(d) AUTHORIZED ACTIVITIES.— 

4 ‘‘(1) REQUIRED ACTIVITIES.—Grant funds pro5 vided under this section shall be used— 

6 ‘‘(A) to assist the Predominantly Black In7 stitution to plan, develop, undertake, and imple8 ment programs to enhance the institution’s ca9 pacity to serve more low- and middle-income 

10 Black American students; 

11 ‘‘(B) to expand higher education opportuni12 ties for students eligible to participate in pro13 grams under title IV by encouraging college 

14 preparation and student persistence in secondary 

15 school and postsecondary education; and 

16 ‘‘(C) to strengthen the financial ability of 

17 the Predominantly Black Institution to serve the 

18 academic needs of the students described in sub19 paragraphs (A) and (B). 

20 ‘‘(2) ADDITIONAL ACTIVITIES.—Grant funds pro21 vided under this section shall be used for 1 or more 

22 of the following activities: 

23 ‘‘(A) The activities described in paragraphs 

24 (1) through (11) of section 311(c). 


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1 ‘‘(B) Academic instruction in disciplines in 

2 which Black Americans are underrepresented. 

3 ‘‘(C) Establishing or enhancing a program 

4 of teacher education designed to qualify students 

5 to teach in a public elementary school or sec6 ondary school in the State that shall include, as 

7 part of such program, preparation for teacher 

8 certification or licensure. 

9 ‘‘(D) Establishing community outreach pro10 grams that will encourage elementary school and 

11 secondary school students to develop the aca12 demic skills and the interest to pursue postsec13 ondary education. 

14 ‘‘(E) Other activities proposed in the appli15 cation submitted pursuant to subsection (f) 

16 that— 

17 ‘‘(i) contribute to carrying out the pur18 pose of this section; and 

19 ‘‘(ii) are approved by the Secretary as 

20 part of the review and approval of an ap21 plication submitted under subsection (f). 

22 ‘‘(3) ENDOWMENT FUND.— 

23 ‘‘(A) IN GENERAL.—A Predominantly Black 

24 Institution may use not more than 20 percent of 

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1 tablish or increase an endowment fund at the in2 stitution. 

3 ‘‘(B) MATCHING REQUIREMENT.—In order 

4 to be eligible to use grant funds in accordance 

5 with subparagraph (A), a Predominantly Black 

6 Institution shall provide matching funds from 

7 non-Federal sources, in an amount equal to or 

8 greater than the Federal funds used in accord9 ance with subparagraph (A), for the establish10 ment or increase of the endowment fund. 

11 ‘‘(C) COMPARABILITY.—The provisions of 

12 part C of title III, regarding the establishment or 

13 increase of an endowment fund, that the Sec14 retary determines are not inconsistent with this 

15 subsection, shall apply to funds used under sub16 paragraph (A). 

17 ‘‘(4) LIMITATION.—Not more than 50 percent of 

18 the grant funds provided to a Predominantly Black 

19 Institution under this section may be available for the 

20 purpose of constructing or maintaining a classroom, 

21 library, laboratory, or other instructional facility. 

22 ‘‘(e) ALLOTMENTS TO PREDOMINANTLY BLACK INSTI23 TUTIONS.— 

24 ‘‘(1) FEDERAL PELL GRANT BASIS.—From the 

25 amounts appropriated to carry out this section for 


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1 any fiscal year, the Secretary shall allot to each Pre2 dominantly Black Institution having an application 

3 approved under subsection (f) a sum that bears the 

4 same ratio to one-half of that amount as the number 

5 of Federal Pell Grant recipients in attendance at such 

6 institution at the end of the academic year preceding 

7 the beginning of that fiscal year, bears to the total 

8 number of Federal Pell Grant recipients at all such 

9 institutions at the end of such academic year. 

10 ‘‘(2) GRADUATES BASIS.—From the amounts ap11 propriated to carry out this section for any fiscal 

12 year, the Secretary shall allot to each Predominantly 

13 Black Institution having an application approved 

14 under subsection (f) a sum that bears the same ratio 

15 to one-fourth of that amount as the number of grad16 uates for such academic year at such institution, 

17 bears to the total number of graduates for such aca18 demic year at all such institutions. 

19 ‘‘(3) GRADUATES SEEKING A HIGHER DEGREE

20 BASIS.—From the amounts appropriated to carry out 

21 this section for any fiscal year, the Secretary shall 

22 allot to each Predominantly Black Institution having 

23 an application approved under subsection (f) a sum 

24 that bears the same ratio to one-fourth of that amount 

25 as the percentage of graduates from such institution 


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1 who are admitted to and in attendance at, not later 

2 than 2 years after graduation with an associate’s de3 gree or a baccalaureate degree, a baccalaureate degree4 granting institution or a graduate or professional 

5 school in a degree program in disciplines in which 

6 Black American students are underrepresented, bears 

7 to the percentage of such graduates for all such insti8 tutions. 

9 ‘‘(4) MINIMUM ALLOTMENT.— 

10 ‘‘(A) IN GENERAL.—Notwithstanding para11 graphs (1), (2), and (3), the amount allotted to 

12 each Predominantly Black Institution under this 

13 section shall not be less than $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 Predomi2 nantly Black Institution’s allotment under paragraph 

3 (1), (2), (3), or (4) for any fiscal year that the Sec4 retary determines will not be required for such insti5 tution for the period such allotment is available, shall 

6 be available for reallotment to other Predominantly 

7 Black Institutions in proportion to the original allot8 ment to such other institutions under this section for 

9 such fiscal year. The Secretary shall reallot such 

10 amounts from time to time, on such date and during 

11 such period as the Secretary determines appropriate. 

12 ‘‘(f) APPLICATIONS.—Each Predominantly Black In13 stitution desiring a grant under this section shall submit 

14 an application to the Secretary at such time, in such man15 ner, and containing or accompanied by such information 

16 as the Secretary may reasonably require. 

17 ‘‘(g) PROHIBITION.—No Predominantly Black Institu18 tion that applies for and receives a grant under this section 

19 may apply for or receive funds under any other program 

20 under part A or part B of title III. 

21 ‘‘(h) DURATION AND CARRYOVER.—Any grant funds 

22 paid to a Predominantly Black Institution under this sec23 tion that are not expended or used for the purposes for 

24 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 are 

4 authorized to be appropriated to carry out this section such 

5 sums as may be necessary for fiscal year 2008 and each 

6 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 competencies, 

23 pathways to qualifications, credentials, degrees, 

24 quality assurances, access, and outreach, for 

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1 tors, and administrators, that is linked to com2 pensation commensurate with experience and 

3 qualifications; 

4 ‘‘(B) articulation agreements that enable 

5 early childhood education professionals to transi6 tion 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 pro14 gram’ 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 age 

24 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 in 

10 section 855; and 

11 ‘‘(2) to support activities of the State Task Force 

12 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 Development 


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1 and Career Task Force (hereafter in this part referred to 

2 as the ‘State Task Force’). 

3 ‘‘(b) MEMBERSHIP.—The State Task Force shall in4 clude a representative of a State agency, an institution of 

5 higher education (including an associate or a baccalaureate 

6 degree granting institution of higher education), an early 

7 childhood education program, a nonprofit early childhood 

8 organization, a statewide early childhood workforce scholar9 ship or supplemental initiative, and any other entity or 

10 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 Ad16 visory 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 early 

20 childhood professional development and career 

21 activities into the plans of the State Advisory 

22 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 develop16 ment; 

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 early 

7 childhood education program staff, directors, and 

8 administrators, including methods for how out9 reach is provided to non-English speaking pro10 viders, in order to enable the providers to be 

11 aware of opportunities and resources under the 

12 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 such 

21 training and professional development courses; 

22 ‘‘(D) increasing the participation of early 

23 childhood educators in postsecondary education 

24 programs leading to degrees in early childhood 

25 education by providing assistance to pay the 


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1 costs of enrollment in and completion of such 

2 postsecondary education programs, which assist3 ance— 

4 ‘‘(i) shall only be provided to an indi5 vidual who— 

6 ‘‘(I) enters into an agreement 

7 under which the individual agrees to 

8 work, for a reasonable number of years 

9 after receiving such a degree, in an 

10 early childhood education program 

11 that is located in a low-income area; 

12 and 

13 ‘‘(II) has a family income equal 

14 to or less than the annually adjusted 

15 national median family income as de16 termined by the Bureau of the Census; 

17 and 

18 ‘‘(ii) shall be provided in an amount 

19 that does not exceed $17,500; 

20 ‘‘(E) supporting professional development 

21 activities and a career lattice for a variety of 

22 early childhood professional roles with varying 

23 professional qualifications and responsibilities 

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1 ing strategies to enhance the compensation of 

2 such personnel; 

3 ‘‘(F) supporting articulation agreements be4 tween 2- and 4-year public and private institu5 tions 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 direc10 tors of early childhood education programs; 

11 ‘‘(H) providing career development advising 

12 with respect to the field of early childhood edu13 cation, including informing an individual re14 garding— 

15 ‘‘(i) entry into and continuing edu16 cation requirements for professional roles in 

17 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 degree 

25 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 ex4 perience and demonstrated expertise in estab5 lishing programs in child development, in order 

6 to improve the skills and expertise of individuals 

7 working in early childhood education programs; 

8 and 

9 ‘‘(K) developing or enhancing a system of 

10 quality assurance with respect to the early child11 hood education professional development and ca12 reer system, including standards or qualifica13 tions for individuals and entities who offer 

14 training and professional development in early 

15 childhood education. 

16 ‘‘(b) PUBLIC HEARINGS.—The State Task Force shall 

17 hold public hearings and provide an opportunity for public 

18 comment on the activities described in the statewide plan 

19 described in subsection (a)(3). 

20 ‘‘(c) PERIODIC REVIEW.—The State Task Force shall 

21 meet periodically to review implementation of the statewide 

22 plan and to recommend any changes to the statewide plan 

23 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 under 

3 this part shall submit an application to the Secretary at 

4 such time, in such manner, and accompanied by such infor5 mation as the Secretary may reasonably require. Each such 

6 application shall include a description of— 

7 ‘‘(1) the membership of the State Task Force; 

8 ‘‘(2) the activities for which the grant assistance 

9 will be used; 

10 ‘‘(3) other Federal, State, local, and private re11 sources that will be available to support the activities 

12 of the State Task Force described in section 856; 

13 ‘‘(4) the availability within the State of train14 ing, early childhood educator preparation, profes15 sional development, compensation initiatives, and ca16 reer systems, related to early childhood education; and 

17 ‘‘(5) the resources available within the State for 

18 such training, educator preparation, professional de19 velopment, compensation initiatives, and career sys20 tems. 

21 ‘‘(b) REPORT TO THE SECRETARY.—Not later than 2 

22 years after receiving a grant under this part, a State shall 

23 submit a report to the Secretary that shall describe— 

24 ‘‘(1) other Federal, State, local, and private re25 sources that will be used in combination with a grant 

26 under this section to develop or expand the State’s 


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1 early childhood education professional development 

2 and career activities; 

3 ‘‘(2) the ways in which the State Advisory Coun4 cil (or similar State entity) will coordinate the var5 ious State and local activities that support the early 

6 childhood education professional development and ca7 reer system; and 

8 ‘‘(3) the ways in which the State Task Force will 

9 use funds provided under this part and carry out the 

10 activities described in section 856. 

11 ‘‘SEC. 858. EVALUATIONS. 

12 ‘‘(a) STATE EVALUATION.—Each State receiving a 

13 grant under this part shall— 

14 ‘‘(1) evaluate the activities that are assisted 

15 under this part in order to determine— 

16 ‘‘(A) the effectiveness of the activities in 

17 achieving State goals; 

18 ‘‘(B) the impact of a career lattice for indi19 viduals working in early childhood education 

20 programs; 

21 ‘‘(C) the impact of the activities on licens22 ing or regulating requirements for individuals in 

23 the field of early childhood development; 

24 ‘‘(D) the impact of the activities, and the 

25 impact of the statewide plan described in section 


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1 856(a)(3), on the quality of education, profes2 sional development, and training related to early 

3 childhood education programs that are offered in 

4 the State; 

5 ‘‘(E) the change in compensation and reten6 tion of individuals working in early childhood 

7 education programs within the State resulting 

8 from the activities; and 

9 ‘‘(F) the impact of the activities on the de10 mographic characteristics of individuals working 

11 in early childhood education programs; and 

12 ‘‘(2) submit a report at the end of the grant pe13 riod to the Secretary regarding the evaluation de14 scribed in paragraph (1). 

15 ‘‘(b) SECRETARY’S EVALUATION.—Not later than Sep16 tember 30, 2013, the Secretary, in consultation with the 

17 Secretary of Health and Human Services, shall prepare 

18 and submit to the authorizing committees an evaluation of 

19 the State reports submitted under subsection (a)(2). 

20 ‘‘SEC. 859. AUTHORIZATION OF APPROPRIATIONS. 

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

22 this part such sums as may be necessary for fiscal year 2008 

23 and each of the 5 succeeding fiscal years. 


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1 ‘‘PART K—IMPROVING SCIENCE, TECHNOLOGY, 

2 ENGINEERING, AND MATHEMATICS EDU3 CATION WITH A FOCUS ON ALASKA NATIVE 

4 AND NATIVE HAWAIIAN STUDENTS 

5 ‘‘SEC. 861. IMPROVING SCIENCE, TECHNOLOGY, ENGINEER6 ING, AND MATHEMATICS EDUCATION WITH A 

7 FOCUS ON ALASKA NATIVE AND NATIVE HA8 WAIIAN STUDENTS. 

9 ‘‘(a) PURPOSE.—The purpose of this section is— 

10 ‘‘(1) to develop or expand programs for the devel11 opment of professionals in the fields of science, tech12 nology, engineering, and mathematics; and 

13 ‘‘(2) to focus resources on meeting the edu14 cational and cultural needs of Alaska Natives and 

15 Native Hawaiians. 

16 ‘‘(b) DEFINITIONS.—In this section: 

17 ‘‘(1) ALASKA NATIVE.—The term ‘Alaska Native’ 

18 has the meaning given the term ‘Native’ in section 

19 3(b) of the Alaska Natives Claims Settlement Act (43 

20 U.S.C. 1602(b)). 

21 ‘‘(2) INSTITUTION OF HIGHER EDUCATION.—The 

22 term ‘institution of higher education’ has the meaning 

23 given the term in section 101(a). 

24 ‘‘(3) ELIGIBLE PARTNERSHIP.—The term ‘eligi25 ble partnership’ means a partnership that includes— 


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1 ‘‘(A) 1 or more colleges or schools of engi2 neering; 

3 ‘‘(B) 1 or more colleges of science, engineer4 ing, or mathematics; 

5 ‘‘(C) 1 or more institutions of higher edu6 cation that offer 2-year degrees; and 

7 ‘‘(D) 1 or more private entities that— 

8 ‘‘(i) conduct career awareness activities 

9 showcasing local technology professionals; 

10 ‘‘(ii) encourage students to pursue edu11 cation in science, technology, engineering, 

12 and mathematics from elementary school 

13 through college, and careers in those fields, 

14 with the assistance of local technology pro15 fessionals; 

16 ‘‘(iii) develop internships, apprentice17 ships, and mentoring programs in partner18 ship with relevant industries; and 

19 ‘‘(iv) assist with placement of interns 

20 and apprentices. 

21 ‘‘(4) NATIVE HAWAIIAN.—The term ‘Native Ha22 waiian’ has the meaning given the term in section 

23 7207 of the Elementary and Secondary Education 

24 Act of 1965. 


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1 ‘‘(c) GRANT AUTHORIZED.—The Secretary is author2 ized to award a grant to an eligible partnership to enable 

3 the eligible partnership to expand programs for the develop4 ment of science, technology, engineering, or mathematics 

5 professionals, from elementary school through college, in6 cluding existing programs for Alaska Native and Native 

7 Hawaiian students. 

8 ‘‘(d) USES OF FUNDS.—Grant funds under this section 

9 shall be used for 1 or more of the following: 

10 ‘‘(1) Development or implementation of cultural, 

11 social, or educational transition programs to assist 

12 students to transition into college life and academics 

13 in order to increase such students’ retention rates in 

14 the fields of science, technology, engineering, or math15 ematics, with a focus on Alaska Native or Native Ha16 waiian students. 

17 ‘‘(2) Development or implementation of academic 

18 support or supplemental educational programs to in19 crease the graduation rates of students in the fields of 

20 science, technology, engineering, or mathematics, with 

21 a focus on Alaska Native and Native Hawaiian stu22 dents. 

23 ‘‘(3) Development or implementation of intern24 ship programs, carried out in coordination with edu25 cational institutions and private entities, to prepare 


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1 students for careers in the fields of science, technology, 

2 engineering, or mathematics, with a focus on pro3 grams that serve Alaska Native or Native Hawaiian 

4 students. 

5 ‘‘(4) Such other activities that are consistent 

6 with the purposes of this section. 

7 ‘‘(e) APPLICATION.—Each eligible partnership that de8 sires a grant under this section shall submit an application 

9 to the Secretary at such time, in such manner, and con10 taining such information as the Secretary may require. 

11 ‘‘(f) PRIORITY.—In awarding grants under this sec12 tion, the Secretary shall give priority to an eligible partner13 ship that provides 1 or more programs in which 30 percent 

14 or more of the program participants are Alaska Native or 

15 Native Hawaiian. 

16 ‘‘(g) PERIOD OF GRANT.—A grant under this section 

17 shall be awarded for a period of 5 years. 

18 ‘‘(h) EVALUATION AND REPORT.—Each eligible part19 nership that receives a grant under this section shall con20 duct an evaluation to determine the effectiveness of the pro21 grams funded under the grant and shall provide a report 

22 regarding the evaluation to the Secretary not later than 6 

23 months after the end of the grant period. 

24 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are 

25 authorized to be appropriated to carry out this section such 


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1 sums as may be necessary for fiscal year 2008 and each 

2 of the 5 succeeding fiscal years. 

3 ‘‘PART L—PILOT PROGRAM TO INCREASE 

4 PERSISTENCE IN COMMUNITY COLLEGES 

5 ‘‘SEC. 865. PILOT PROGRAM TO INCREASE PERSISTENCE IN 

6 COMMUNITY COLLEGES. 

7 ‘‘(a) DEFINITIONS.—In this section: 

8 ‘‘(1) INSTITUTION OF HIGHER EDUCATION.—Ex9 cept as otherwise provided in this section, the term 

10 ‘institution of higher education’ means an institution 

11 of higher education, as defined in section 101, that 

12 provides a 1- or 2-year program of study leading to 

13 a degree or certificate. 

14 ‘‘(2) ELIGIBLE STUDENT.—The term ‘eligible 

15 student’ means a student who— 

16 ‘‘(A) meets the requirements of section 

17 484(a); 

18 ‘‘(B) is enrolled at least half time; 

19 ‘‘(C) is not younger than age 19 and not 

20 older than age 33; 

21 ‘‘(D) is the parent of at least 1 dependent 

22 child, which dependent child is age 18 or young23 er; 

24 ‘‘(E) has a family income below 200 percent 

25 of the poverty line; 


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1 ‘‘(F) has a secondary school diploma or its 

2 recognized equivalent, and earned a passing 

3 score on a college entrance examination; and 

4 ‘‘(G) does not have a degree or occupational 

5 certificate from an institution of higher edu6 cation, as defined in section 101 or 102(a). 

7 ‘‘(b) PROGRAM AUTHORIZED.—The Secretary is au8 thorized to award grants, on a competitive basis, to institu9 tions of higher education to enable the institutions of higher 

10 education to provide additional monetary and nonmone11 tary support to eligible students to enable the eligible stu12 dents to maintain enrollment and complete degree or certifi13 cate programs. 

14 ‘‘(c) USES OF FUNDS.— 

15 ‘‘(1) REQUIRED USES.—Each institution of 

16 higher education receiving a grant under this section 

17 shall use the grant funds— 

18 ‘‘(A) to provide scholarships in accordance 

19 with subsection (d); and 

20 ‘‘(B) to provide counseling services in ac21 cordance with subsection (e). 

22 ‘‘(2) ALLOWABLE USES OF FUNDS.—Grant funds 

23 provided under this section may be used— 

24 ‘‘(A) to conduct outreach to make students 

25 aware of the scholarships and counseling services 


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1 available under this section and to encourage the 

2 students to participate in the program assisted 

3 under this section; 

4 ‘‘(B) to provide gifts of $20 or less, such as 

5 a store gift card, to applicants who complete the 

6 process of applying for assistance under this sec7 tion, as an incentive and as compensation for 

8 the student’s time; and 

9 ‘‘(C) to evaluate the success of the program. 

10 ‘‘(d) SCHOLARSHIP REQUIREMENTS.— 

11 ‘‘(1) IN GENERAL.—Each scholarship awarded 

12 under this section shall— 

13 ‘‘(A) be awarded for 1 academic year; 

14 ‘‘(B) be awarded in the amount of $1,000 

15 for each of 2 semesters (prorated for quarters), or 

16 $2,000 for an academic year; 

17 ‘‘(C) require the student to maintain during 

18 the scholarship period at least half-time enroll19 ment and a 2.0 or C grade point average; and 

20 ‘‘(D) be paid in increments of— 

21 ‘‘(i) $250 upon enrollment (prorated 

22 for quarters); 

23 ‘‘(ii) $250 upon passing midterm ex24 aminations (prorated for quarters); and 


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1 ‘‘(iii) $500 upon passing courses (pro2 rated for quarters). 

3 ‘‘(2) NUMBER.—An institution may award an 

4 eligible student not more than 2 scholarships under 

5 this section. 

6 ‘‘(e) COUNSELING SERVICES.— 

7 ‘‘(1) IN GENERAL.—Each institution of higher 

8 education receiving a grant under this section shall 

9 use the grant funds to provide students at the institu10 tion with a counseling staff dedicated to students par11 ticipating in the program under this section. Each 

12 such counselor shall— 

13 ‘‘(A) have a caseload of less than 125 stu14 dents; 

15 ‘‘(B) use a proactive, team-oriented ap16 proach to counseling; 

17 ‘‘(C) hold a minimum of 2 meetings with 

18 students each semester; and 

19 ‘‘(D) provide referrals to and follow-up with 

20 other student services staff, including financial 

21 and career services. 

22 ‘‘(2) COUNSELING SERVICES AVAILABILITY.—The 

23 counseling services provided under this section shall 

24 be available to participating students during the day25 time and evening hours. 


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1 ‘‘(f) APPLICATION.—An institution of higher education 

2 that desires to receive a grant under this section shall sub3 mit an application to the Secretary at such time, in such 

4 manner, and containing such information as the Secretary 

5 may require, including— 

6 ‘‘(1) the number of students to be served under 

7 this section; 

8 ‘‘(2) a description of the scholarships and coun9 seling services that will be provided under this sec10 tion; and 

11 ‘‘(3) a description of how the program under this 

12 section will be evaluated. 

13 ‘‘(g) PERIOD OF GRANT.—The Secretary may award 

14 a grant under this section for a period of 5 years. 

15 ‘‘(h) EVALUATION.— 

16 ‘‘(1) IN GENERAL.—Each institution of higher 

17 education receiving a grant under this section shall 

18 conduct an annual evaluation of the impact of the 

19 grant and shall provide the evaluation to the Sec20 retary. The Secretary shall disseminate to the public 

21 the findings, information on best practices, and les22 sons learned, with respect to the evaluations. 

23 ‘‘(2) RANDOM ASSIGNMENT RESEARCH DESIGN.— 

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1 signment research design with the following require2 ments: 

3 ‘‘(A) When students are recruited for the 

4 program, all students will be told about the pro5 gram and the evaluation. 

6 ‘‘(B) Baseline data will be collected from all 

7 applicants for assistance under this section. 

8 ‘‘(C) Students will be assigned randomly to 

9 2 groups, which will consist of— 

10 ‘‘(i) a program group that will receive 

11 the scholarship and the additional coun12 seling services; and 

13 ‘‘(ii) a control group that will receive 

14 whatever regular financial aid and coun15 seling services are available to all students 

16 at the institution of higher education. 

17 ‘‘(3) PREVIOUS COHORTS.—In conducting the 

18 evaluation for the second and third years of the pro19 gram, each institution of higher education shall in20 clude information on previous cohorts of students as 

21 well as students in the current program year. 

22 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are 

23 authorized to be appropriated to carry out this section such 

24 sums as may be necessary for fiscal year 2008 and each 

25 of the 5 succeeding fiscal years. 


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1 ‘‘PART M—STUDENT SAFETY AND CAMPUS 

2 EMERGENCY MANAGEMENT 

3 ‘‘SEC. 871. STUDENT SAFETY AND CAMPUS EMERGENCY 

4 MANAGEMENT. 

5 ‘‘(a) GRANTS AUTHORIZED.— 

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

7 to award grants, on a competitive basis, to institu8 tions of higher education or consortia of institutions 

9 of higher education to enable institutions of higher 

10 education or consortia to pay the Federal share of the 

11 cost of carrying out the authorized activities described 

12 in subsection (c). 

13 ‘‘(2) CONSULTATION WITH THE ATTORNEY GEN14 ERAL AND THE SECRETARY OF HOMELAND SECU15 RITY.—Where appropriate, the Secretary shall award 

16 grants under this section in consultation with the At17 torney General of the United States and the Secretary 

18 of Homeland Security. 

19 ‘‘(3) DURATION.—The Secretary shall award 

20 each grant under this section for a period of 2 years. 

21 ‘‘(4) LIMITATION ON INSTITUTIONS AND CON22 SORTIA.—An institution of higher education or con23 sortium shall be eligible for only 1 grant under this 

24 section. 

25 ‘‘(b) FEDERAL SHARE; NON-FEDERAL SHARE.— 


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1 ‘‘(1) IN GENERAL.—The Federal share shall be 

2 50 percent. 

3 ‘‘(2) NON-FEDERAL SHARE.—The institution of 

4 higher education or consortium shall provide the non5 Federal share, which may be provided from other 

6 Federal, State, and local resources dedicated to emer7 gency preparedness and response. 

8 ‘‘(c) AUTHORIZED ACTIVITIES.—Each institution of 

9 higher education or consortium receiving a grant under this 

10 section may use the grant funds to carry out 1 or more 

11 of the following: 

12 ‘‘(1) Developing and implementing a state-of-the13 art emergency communications system for each cam14 pus of an institution of higher education or consor15 tium, in order to contact students via cellular, text 

16 message, or other state-of-the-art communications 

17 methods when a significant emergency or dangerous 

18 situation occurs. An institution or consortium using 

19 grant funds to carry out this paragraph shall also, in 

20 coordination with the appropriate State and local 

21 emergency management authorities— 

22 ‘‘(A) develop procedures that students, em23 ployees, and others on a campus of an institu24 tion of higher education or consortium will be 


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1 directed to follow in the event of a significant 

2 emergency or dangerous situation; and 

3 ‘‘(B) develop procedures the institution of 

4 higher education or consortium shall follow to 

5 inform, within a reasonable and timely manner, 

6 students, employees, and others on a campus in 

7 the event of a significant emergency or dangerous 

8 situation, which procedures shall include the 

9 emergency communications system described in 

10 this paragraph. 

11 ‘‘(2) Supporting measures to improve safety at 

12 the institution of higher education or consortium, 

13 such as— 

14 ‘‘(A) security assessments; 

15 ‘‘(B) security training of personnel and stu16 dents at the institution of higher education or 

17 consortium; 

18 ‘‘(C) where appropriate, coordination of 

19 campus preparedness and response efforts with 

20 local law enforcement, local emergency manage21 ment authorities, and other agencies, to improve 

22 coordinated responses in emergencies among such 

23 entities; and 

24 ‘‘(D) establishing a hotline that allows a 

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1 sortium to report another student or staff mem2 ber at the institution or consortium who the re3 porting student or staff member believes may be 

4 a danger to the reported student or staff member 

5 or to others. 

6 ‘‘(3) Coordinating with appropriate local entities 

7 the provision of, mental health services for students 

8 enrolled in the institution of higher education or con9 sortium, including mental health crisis response and 

10 intervention services, to individuals affected by a 

11 campus or community emergency. 

12 ‘‘(d) APPLICATION.—Each institution of higher edu13 cation or consortium desiring a grant under this section 

14 shall submit an application to the Secretary at such time, 

15 in such manner, and containing such information as the 

16 Secretary may require. 

17 ‘‘(e) TECHNICAL ASSISTANCE.—The Secretary shall co18 ordinate technical assistance provided by State and local 

19 emergency management agencies, the Department of Home20 land Security, and other agencies as appropriate, to insti21 tutions of higher education or consortia that request assist22 ance in developing and implementing the activities assisted 

23 under this section. 

24 ‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sec25 tion shall be construed— 


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1 ‘‘(1) to provide a private right of action to any 

2 person to enforce any provision of this section; 

3 ‘‘(2) to create a cause of action against any in4 stitution of higher education or any employee of the 

5 institution for any civil liability; or 

6 ‘‘(3) to affect the Family Educational Rights 

7 and Privacy Act of 1974 or the regulations issued 

8 under section 264 of the Health Insurance Portability 

9 and Accountability Act of 1996 (42 U.S.C. 1320d–2 

10 note). 

11 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated to carry out this section 

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

14 each of the 5 succeeding fiscal years. 

15 ‘‘SEC. 872. MODEL EMERGENCY RESPONSE POLICIES, PRO16 CEDURES, AND PRACTICES. 

17 ‘‘The Secretary of Education, the Attorney General of 

18 the United States, and the Secretary of Homeland Security 

19 shall jointly have the authority— 

20 ‘‘(1) to advise institutions of higher education on 

21 model emergency response policies, procedures, and 

22 practices; and 

23 ‘‘(2) to disseminate information concerning those 

24 policies, procedures, and practices.’’. 


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1 TITLE IX—AMENDMENTS TO 

2 OTHER LAWS 

3 PART A—EDUCATION OF THE DEAF ACT OF 1986 

4 SEC. 901. LAURENT CLERC NATIONAL DEAF EDUCATION 

5 CENTER. 

6 Section 104 of the Education of the Deaf Act of 1986 

7 (20 U.S.C. 4304) is amended— 

8 (1) by striking the section heading and inserting 

9 ‘‘LAURENT CLERC NATIONAL DEAF EDUCATION

10 CENTER’’; 

11 (2) in subsection (a)(1)(A), by inserting ‘‘the 

12 Laurent Clerc National Deaf Education Center (re13 ferred to in this section as the ‘Clerc Center’) to carry 

14 out’’ after ‘‘maintain and operate’’; and 

15 (3) in subsection (b)— 

16 (A) in the matter preceding subparagraph 

17 (A) of paragraph (1), by striking ‘‘elementary 

18 and secondary education programs’’ and insert19 ing ‘‘Clerc Center’’; 

20 (B) in paragraph (2), by striking ‘‘elemen21 tary and secondary education programs’’ and 

22 inserting ‘‘Clerc Center’’; and 

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


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1 ‘‘(5) The University, for purposes of the elementary 

2 and secondary education programs carried out at the Clerc 

3 Center, shall— 

4 ‘‘(A)(i) select challenging academic content 

5 standards, challenging student academic achievement 

6 standards, and academic assessments of a State, 

7 adopted and implemented, as appropriate, pursuant 

8 to paragraphs (1) and (3) of section 1111(b) of the 

9 Elementary and Secondary Education Act of 1965 

10 (20 U.S.C. 6311(b)(1) and (3)) and approved by the 

11 Secretary; and 

12 ‘‘(ii) implement such standards and assessments 

13 for such programs by not later than the beginning of 

14 the 2009–2010 academic year; 

15 ‘‘(B) annually determine whether such programs 

16 at the Clerc Center are making adequate yearly 

17 progress, as determined according to the definition of 

18 adequate yearly progress defined (pursuant to section 

19 1111(b)(2)(C) of such Act (20 U.S.C. 6311(b)(2)(C))) 

20 by the State that has adopted and implemented the 

21 standards and assessments selected under subpara22 graph (A)(i); and 

23 ‘‘(C) publicly report the results of the academic 

24 assessments implemented under subparagraph (A) 

25 and whether the programs at the Clerc Center are 


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1 making adequate yearly progress, as determined 

2 under subparagraph (B).’’. 

3 SEC. 902. AGREEMENT WITH GALLAUDET UNIVERSITY. 

4 Section 105(b)(4) of the Education of the Deaf Act of 

5 1986 (20 U.S.C. 4305(b)(4)) is amended— 

6 (1) by striking ‘‘the Act of March 3, 1931 (40 

7 U.S.C. 276a–276a–5) commonly referred to as the 

8 Davis-Bacon Act’’ and inserting ‘‘subchapter IV of 

9 chapter 31 of title 40, United States Code, commonly 

10 referred to as the Davis-Bacon Act’’; and 

11 (2) by striking ‘‘section 2 of the Act of June 13, 

12 1934 (40 U.S.C. 276c)’’ and inserting ‘‘section 3145 

13 of title 40, United States Code’’. 

14 SEC. 903. AGREEMENT FOR THE NATIONAL TECHNICAL IN15 STITUTE FOR THE DEAF. 

16 Section 112 of the Education of the Deaf Act of 1986 

17 (20 U.S.C. 4332) is amended— 

18 (1) in subsection (a)— 

19 (A) in paragraph (1)— 

20 (i) in the first sentence— 

21 (I) by striking ‘‘an institution of 

22 higher education’’ and inserting ‘‘the 

23 Rochester Institute of Technology, 

24 Rochester, New York’’; and 


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1 (II) by striking ‘‘of a’’ and insert2 ing ‘‘of the’’; and 

3 (ii) by striking the second sentence; 

4 (B) by redesignating paragraph (2) as 

5 paragraph (3); and 

6 (C) by inserting after paragraph (1) the fol7 lowing: 

8 ‘‘(2) Notwithstanding the requirement under 

9 paragraph (1), if the Secretary or the Rochester Insti10 tute of Technology terminates the agreement under 

11 paragraph (1), the Secretary shall consider proposals 

12 from other institutions of higher education and enter 

13 into an agreement with 1 of such institutions for the 

14 establishment and operation of a National Technical 

15 Institution for the Deaf.’’; and 

16 (2) in subsection (b)— 

17 (A) in paragraph (3), by striking ‘‘Com18 mittee on Labor and Human Resources of the 

19 Senate’’ and inserting ‘‘Committee on Health, 

20 Education, Labor, and Pensions of the Senate’’; 

21 and 

22 (B) in paragraph (5)— 

23 (i) by striking ‘‘the Act of March 3, 

24 1931 (40 U.S.C. 276a–276a–5) commonly 

25 referred to as the Davis-Bacon Act’’ and inVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 01036 Fmt 6652 Sfmt 6203 E:\BILLS\S1642.RS S1642

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1 serting ‘‘subchapter IV of chapter 31 of title 

2 40, United States Code, commonly referred 

3 to as the Davis-Bacon Act’’; and 

4 (ii) by striking ‘‘section 2 of the Act of 

5 June 13, 1934 (40 U.S.C. 276c)’’ and in6 serting ‘‘section 3145 of title 40, United 

7 States Code’’. 

8 SEC. 904. CULTURAL EXPERIENCES GRANTS. 

9 (a) CULTURAL EXPERIENCES GRANTS.—Title I of the 

10 Education of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.) 

11 is amended by adding at the end the following: 

12 ‘‘PART C—OTHER PROGRAMS 

13 ‘‘SEC. 121. CULTURAL EXPERIENCES GRANTS. 

14 ‘‘(a) IN GENERAL.—The Secretary shall, on a competi15 tive basis, make grants to, and enter into contracts and co16 operative agreements with, eligible entities to support the 

17 activities described in subsection (b). 

18 ‘‘(b) ACTIVITIES.—In carrying out this section, the 

19 Secretary shall support activities providing cultural experi20 ences, through appropriate nonprofit organizations with a 

21 demonstrated proficiency in providing such activities, 

22 that— 

23 ‘‘(1) enrich the lives of deaf and hard-of-hearing 

24 children and adults; 


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1 ‘‘(2) increase public awareness and under2 standing of deafness and of the artistic and intellec3 tual achievements of deaf and hard-of-hearing per4 sons; or 

5 ‘‘(3) promote the integration of hearing, deaf, 

6 and hard-of-hearing persons through shared cultural, 

7 educational, and social experiences. 

8 ‘‘(c) APPLICATIONS.—An eligible entity that desires to 

9 receive a grant, or enter into a contract or cooperative 

10 agreement, under this section shall submit an application 

11 to the Secretary at such time, in such manner, and con12 taining such information as the Secretary may require. 

13 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated to carry out this section 

15 such sums as may be necessary for fiscal year 2007 and 

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

17 (b) CONFORMING AMENDMENT.—The title heading of 

18 title I of the Education of the Deaf Act of 1986 (20 U.S.C. 

19 4301 et seq.) is amended by adding at the end ‘‘; OTHER 

20 PROGRAMS’’. 

21 SEC. 905. AUDIT. 

22 Section 203 of the Education of the Deaf Act of 1986 

23 (20 U.S.C. 4353) is amended— 

24 (1) in subsection (b)— 


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1 (A) in paragraph (2), by striking ‘‘sections’’ 

2 and all that follows through the period and in3 serting ‘‘sections 102(b), 105(b)(4), 112(b)(5), 

4 203(c), 207(b)(2), subsections (c) through (f) of 

5 section 207, and subsections (b) and (c) of sec6 tion 209.’’; and 

7 (B) in paragraph (3), by inserting ‘‘and the 

8 Committee on Education and Labor of the House 

9 of Representatives and the Committee on Health, 

10 Education, Labor, and Pensions of the Senate’’ 

11 after ‘‘Secretary’’; and 

12 (2) in subsection (c)(2)(A), by striking ‘‘Com13 mittee on Labor and Human Resources of the Senate’’ 

14 and inserting ‘‘Committee on Health, Education, 

15 Labor, and Pensions of the Senate’’. 

16 SEC. 906. REPORTS. 

17 Section 204 of the Education of the Deaf Act of 1986 

18 (20 U.S.C. 4354) is amended— 

19 (1) in the matter preceding paragraph (1), by 

20 striking ‘‘Committee on Labor and Human Resources 

21 of the Senate’’ and inserting ‘‘Committee on Health, 

22 Education, Labor, and Pensions of the Senate’’; 

23 (2) in paragraph (1), by striking ‘‘pre24 paratory,’’; 


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1 (3) in paragraph (2)(C), by striking ‘‘upon 

2 graduation/completion’’ and inserting ‘‘on the date 

3 that is 1 year after the date of graduation or comple4 tion’’; and 

5 (4) in paragraph (3)(B), by striking ‘‘of the in6 stitution of higher education’’ and all that follows 

7 through the period and inserting ‘‘of NTID programs 

8 and activities.’’. 

9 SEC. 907. MONITORING, EVALUATION, AND REPORTING. 

10 Section 205 of the Education of the Deaf Act of 1986 

11 (20 U.S.C. 4355) is amended— 

12 (1) in subsection (b), by striking ‘‘The Secretary, 

13 as part of the annual report required under section 

14 426 of the Department of Education Organization 

15 Act, shall include a description of’’ and inserting 

16 ‘‘The Secretary shall annually transmit information 

17 to Congress on’’; and 

18 (2) in subsection (c), by striking ‘‘fiscal years 

19 1998 through 2003’’ and inserting ‘‘fiscal years 2008 

20 through 2013’’. 

21 SEC. 908. LIAISON FOR EDUCATIONAL PROGRAMS. 

22 Section 206(a) of the Education of the Deaf Act of 

23 1986 (20 U.S.C. 4356(a)) is amended by striking ‘‘Not later 

24 than 30 days after the date of enactment of this Act, the’’ 

25 and inserting ‘‘The’’. 


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1 SEC. 909. FEDERAL ENDOWMENT PROGRAMS FOR GAL2 LAUDET UNIVERSITY AND THE NATIONAL 

3 TECHNICAL INSTITUTE FOR THE DEAF. 

4 Section 207(h) of the Education of the Deaf Act of 

5 1986 (20 U.S.C. 4357(h)) is amended by striking ‘‘fiscal 

6 years 1998 through 2003’’ each place it appears and insert7 ing ‘‘fiscal years 2008 through 2013’’. 

8 SEC. 910. OVERSIGHT AND EFFECT OF AGREEMENTS. 

9 Section 208(a) of the Education of the Deaf Act of 

10 1986 (20 U.S.C. 4359(a)) is amended by striking ‘‘Com11 mittee on Labor and Human Resources of the Senate and 

12 the Committee on Education and the Workforce of the 

13 House of Representatives’’ and inserting ‘‘Committee on 

14 Education and Labor of the House of Representatives and 

15 the Committee on Health, Education, Labor, and Pensions 

16 of the Senate’’. 

17 SEC. 911. INTERNATIONAL STUDENTS. 

18 Section 209 of the Education of the Deaf Act of 1986 

19 (20 U.S.C. 4359a) is amended— 

20 (1) in subsection (a)— 

21 (A) by striking ‘‘preparatory, under22 graduate,’’ and inserting ‘‘undergraduate’’; 

23 (B) by striking ‘‘Effective with’’ and insert24 ing the following: 

25 ‘‘(1) IN GENERAL.—Except as provided in para26 graph (2), effective with’’; and 


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

2 ‘‘(2) DISTANCE LEARNING.—International stu3 dents who participate in distance learning courses 

4 that are at NTID or the University and who are re5 siding outside of the United States shall— 

6 ‘‘(A) not be counted as international stu7 dents for purposes of the cap on international 

8 students under paragraph (1), except that in any 

9 school year no United States citizen who applies 

10 to participate in distance learning courses that 

11 are at the University or NTID shall be denied 

12 participation in such courses because of the par13 ticipation of an international student in such 

14 courses; and 

15 ‘‘(B) not be charged a tuition surcharge, as 

16 described in subsection (b).’’; and 

17 (2) by striking subsections (b), (c), and (d), and 

18 inserting the following: 

19 ‘‘(b) TUITION SURCHARGE.—Except as provided in 

20 subsections (a)(2)(B) and (c), the tuition for postsecondary 

21 international students enrolled in the University (including 

22 undergraduate and graduate students) or NTID shall in23 clude, for academic year 2008–2009 and any succeeding 

24 academic year, a surcharge of— 


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1 ‘‘(1) 100 percent for a postsecondary inter2 national student from a non-developing country; and 

3 ‘‘(2) 50 percent for a postsecondary international 

4 student from a developing country. 

5 ‘‘(c) REDUCTION OF SURCHARGE.— 

6 ‘‘(1) IN GENERAL.—Beginning with the aca7 demic year 2008–2009, the University or NTID may 

8 reduce the surcharge— 

9 ‘‘(A) under subsection (b)(1) from 100 per10 cent to not less than 50 percent if— 

11 ‘‘(i) a student described under sub12 section (b)(1) demonstrates need; and 

13 ‘‘(ii) such student has made a good 

14 faith effort to secure aid through such stu15 dent’s government or other sources; and 

16 ‘‘(B) under subsection (b)(2) from 50 per17 cent to not less than 25 percent if— 

18 ‘‘(i) a student described under sub19 section (b)(2) demonstrates need; and 

20 ‘‘(ii) such student has made a good 

21 faith effort to secure aid through such stu22 dent’s government or other sources. 

23 ‘‘(2) DEVELOPMENT OF SLIDING SCALE.—The 

24 University and NTID shall develop a sliding scale 

25 model that— 


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1 ‘‘(A) will be used to determine the amount 

2 of a tuition surcharge reduction pursuant to 

3 paragraph (1); and 

4 ‘‘(B) shall be approved by the Secretary. 

5 ‘‘(d) DEFINITION.—In this section, the term ‘devel6 oping country’ means a country with a per-capita income 

7 of not more than $4,825, measured in 1999 United States 

8 dollars, as adjusted by the Secretary to reflect inflation 

9 since 1999.’’. 

10 SEC. 912. RESEARCH PRIORITIES. 

11 Section 210(b) of the Education of the Deaf Act of 1986 

12 (20 U.S.C. 4359b(b)) is amended by striking ‘‘Committee 

13 on Education and the Workforce of the House of Representa14 tives, and the Committee on Labor and Human Resources 

15 of the Senate’’ and inserting ‘‘Committee on Education and 

16 Labor of the House of Representatives, and the Committee 

17 on Health, Education, Labor, and Pensions of the Senate’’. 

18 SEC. 913. AUTHORIZATION OF APPROPRIATIONS. 

19 Section 212 of the Education of the Deaf Act of 1986 

20 (20 U.S.C. 4360a) is amended— 

21 (1) in subsection (a), in the matter preceding 

22 paragraph (1), by striking ‘‘fiscal years 1998 through 

23 2003’’ and inserting ‘‘fiscal years 2008 through 

24 2013’’; and 


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1 (2) in subsection (b), by striking ‘‘fiscal years 

2 1998 through 2003’’ and inserting ‘‘fiscal years 2008 

3 through 2013’’. 

4 PART B—UNITED STATES INSTITUTE OF PEACE 

5 ACT 

6 SEC. 921. UNITED STATES INSTITUTE OF PEACE ACT. 

7 (a) POWERS AND DUTIES.—Section 1705(b)(3) of the 

8 United States Institute of Peace Act (22 U.S.C. 4604(b)(3)) 

9 is amended by striking ‘‘the Arms Control and Disar10 mament Agency,’’. 

11 (b) BOARD OF DIRECTORS.—Section 1706 of the 

12 United States Institute of Peace Act (22 U.S.C. 4605) is 

13 amended— 

14 (1) by striking ‘‘(b)(5)’’ each place the term ap15 pears and inserting ‘‘(b)(4)’’; and 

16 (2) in subsection (e), by adding at the end the 

17 following: 

18 ‘‘(5) The term of a member of the Board shall 

19 not commence until the member is confirmed by the 

20 Senate and sworn in as a member of the Board.’’. 

21 (c) FUNDING.—Section 1710 of the United States In22 stitute of Peace Act (22 U.S.C. 4609) is amended— 

23 (1) by striking ‘‘to be appropriated’’ and all that 

24 follows through the period at the end and inserting 


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1 ‘‘to be appropriated such sums as may be necessary 

2 for fiscal years 2008 through 2013.’’; and 

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

4 ‘‘(d) EXTENSION.—Any authorization of appropria5 tions made for the purposes of carrying out this title shall 

6 be extended in the same manner as applicable programs 

7 are extended under section 422 of the General Education 

8 Provisions Act.’’. 

9 PART C—THE HIGHER EDUCATION AMENDMENTS 

10 OF 1998 

11 SEC. 931. REPEALS. 

12 The following provisions of title VIII of the Higher 

13 Education Amendments of 1998 (Public Law 105–244) are 

14 repealed: 

15 (1) Part A. 

16 (2) Part C (20 U.S.C. 1070 note). 

17 (3) Part F (20 U.S.C. 1862 note). 

18 (4) Part J. 

19 (5) Section 861. 

20 (6) Section 863. 

21 SEC. 932. GRANTS TO STATES FOR WORKPLACE AND COM22 MUNITY TRANSITION TRAINING FOR INCAR23 CERATED YOUTH OFFENDERS. 

24 Section 821 of the Higher Education Amendments of 

25 1998 (20 U.S.C. 1151) is amended to read as follows: 


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1 ‘‘SEC. 821. GRANTS TO STATES FOR IMPROVED WORKPLACE 

2 AND COMMUNITY TRANSITION TRAINING FOR 

3 INCARCERATED YOUTH OFFENDERS. 

4 ‘‘(a) DEFINITION.—In this section, the term ‘youth of5 fender’ means a male or female offender under the age of 

6 35, who is incarcerated in a State prison, including a 

7 prerelease facility. 

8 ‘‘(b) GRANT PROGRAM.—The Secretary of Education 

9 (in this section referred to as the ‘Secretary’)— 

10 ‘‘(1) shall establish a program in accordance 

11 with this section to provide grants to the State correc12 tional education agencies in the States, from alloca13 tions for the States under subsection (h), to assist and 

14 encourage youth offenders to acquire functional lit15 eracy, life, and job skills, through— 

16 ‘‘(A) the pursuit of a postsecondary edu17 cation certificate, or an associate or bachelor’s 

18 degree while in prison; and 

19 ‘‘(B) employment counseling and other re20 lated services which start during incarceration 

21 and end not later than 1 year after release from 

22 confinement; and 

23 ‘‘(2) may establish such performance objectives 

24 and reporting requirements for State correctional 

25 education agencies receiving grants under this section 


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1 as the Secretary determines are necessary to assess the 

2 effectiveness of the program under this section. 

3 ‘‘(c) APPLICATION.—To be eligible for a grant under 

4 this section, a State correctional education agency shall sub5 mit to the Secretary a proposal for a youth offender pro6 gram that— 

7 ‘‘(1) identifies the scope of the problem, including 

8 the number of youth offenders in need of postsec9 ondary education and vocational training; 

10 ‘‘(2) lists the accredited public or private edu11 cational institution or institutions that will provide 

12 postsecondary educational services; 

13 ‘‘(3) lists the cooperating agencies, public and 

14 private, or businesses that will provide related serv15 ices, such as counseling in the areas of career develop16 ment, substance abuse, health, and parenting skills; 

17 ‘‘(4) describes specific performance objectives and 

18 evaluation methods (in addition to, and consistent 

19 with, any objectives established by the Secretary 

20 under subsection (b)(2)) that the State correctional 

21 education agency will use in carrying out its pro22 posal, including— 

23 ‘‘(A) specific and quantified student out24 come measures that are referenced to outcomes 


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1 for non-program participants with similar de2 mographic characteristics; and 

3 ‘‘(B) measures, consistent with the data ele4 ments and definitions described in subsection 

5 (d)(1)(A), of— 

6 ‘‘(i) program completion, including an 

7 explicit definition of what constitutes a pro8 gram completion within the proposal; 

9 ‘‘(ii) knowledge and skill attainment, 

10 including specification of instruments that 

11 will measure knowledge and skill attain12 ment; 

13 ‘‘(iii) attainment of employment both 

14 prior to and subsequent to release; 

15 ‘‘(iv) success in employment indicated 

16 by job retention and advancement; and 

17 ‘‘(v) recidivism, including such sub18 indicators as time before subsequent offense 

19 and severity of offense; 

20 ‘‘(5) describes how the proposed programs are to 

21 be integrated with existing State correctional edu22 cation programs (such as adult education, graduate 

23 education degree programs, and vocational training) 

24 and State industry programs; 


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1 ‘‘(6) describes how the proposed programs will 

2 have considered or will utilize technology to deliver 

3 the services under this section; and 

4 ‘‘(7) describes how students will be selected so 

5 that only youth offenders eligible under subsection (e) 

6 will be enrolled in postsecondary programs. 

7 ‘‘(d) PROGRAM REQUIREMENTS.—Each State correc8 tional education agency receiving a grant under this section 

9 shall— 

10 ‘‘(1) annually report to the Secretary regard11 ing— 

12 ‘‘(A) the results of the evaluations conducted 

13 using data elements and definitions provided by 

14 the Secretary for the use of State correctional 

15 education programs; 

16 ‘‘(B) any objectives or requirements estab17 lished by the Secretary pursuant to subsection 

18 (b)(2); and 

19 ‘‘(C) the additional performance objectives 

20 and evaluation methods contained in the pro21 posal described in subsection (c)(4) as necessary 

22 to document the attainment of project perform23 ance objectives; and 

24 ‘‘(2) provide to each State for each student eligi25 ble under subsection (e) not more than— 


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1 ‘‘(A) $3,000 annually for tuition, books, 

2 and essential materials; and 

3 ‘‘(B) $300 annually for related services such 

4 as career development, substance abuse coun5 seling, parenting skills training, and health edu6 cation. 

7 ‘‘(e) STUDENT ELIGIBILITY.—A youth offender shall be 

8 eligible for participation in a program receiving a grant 

9 under this section if the youth offender— 

10 ‘‘(1) is eligible to be released within 5 years (in11 cluding a youth offender who is eligible for parole 

12 within such time); 

13 ‘‘(2) is 35 years of age or younger; and 

14 ‘‘(3) has not been convicted of— 

15 ‘‘(A) a ‘criminal offense against a victim 

16 who is a minor’ or a ‘sexually violent offense’, as 

17 such terms are defined in the Jacob Wetterling 

18 Crimes Against Children and Sexually Violent 

19 Offender Registration Act (42 U.S.C. 14071 et 

20 seq.); or 

21 ‘‘(B) murder, as described in section 1111 of 

22 title 18, United States Code. 

23 ‘‘(f) LENGTH OF PARTICIPATION.—A State correc24 tional education agency receiving a grant under this section 

25 shall provide educational and related services to each parVerDate Aug 31 2005 03:41 Jul 11, 2007 Jkt 059200 PO 00000 Frm 01051 Fmt 6652 Sfmt 6203 E:\BILLS\S1642.RS S1642

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1 ticipating youth offender for a period not to exceed 5 years, 

2 1 year of which may be devoted to study in a graduate 

3 education degree program or to remedial education services 

4 for students who have obtained a secondary school diploma 

5 or its recognized equivalent. Educational and related serv6 ices shall start during the period of incarceration in prison 

7 or prerelease, and the related services may continue for not 

8 more than 1 year after release from confinement. 

9 ‘‘(g) EDUCATION DELIVERY SYSTEMS.—State correc10 tional education agencies and cooperating institutions 

11 shall, to the extent practicable, use high-tech applications 

12 in developing programs to meet the requirements and goals 

13 of this section. 

14 ‘‘(h) ALLOCATION OF FUNDS.—From the funds appro15 priated pursuant to subsection (i) for each fiscal year, the 

16 Secretary shall allot to each State an amount that bears 

17 the same relationship to such funds as the total number of 

18 students eligible under subsection (e) in such State bears 

19 to the total number of such students in all States. 

20 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are 

21 authorized to be appropriated to carry out this section such 

22 sums as may be necessary for fiscal years 2008 through 

23 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 Amendments 

11 of 1992 (20 U.S.C. 1070 note) is amended by striking ‘‘to 

12 be appropriated’’ and all that follows through the period 

13 at the end and inserting ‘‘to be appropriated such sums as 

14 may be necessary for fiscal years 2008 through 2013.’’. 

15 PART D—INDIAN EDUCATION 

16 Subpart 1—Tribal Colleges and Universities 

17 SEC. 941. REAUTHORIZATION OF THE TRIBALLY CON18 TROLLED COLLEGE OR UNIVERSITY ASSIST19 ANCE ACT OF 1978. 

20 (a) CLARIFICATION OF THE DEFINITION OF NATIONAL

21 INDIAN ORGANIZATION.—Section 2(a)(6) of the Tribally 

22 Controlled College or University Assistance Act of 1978 (25 

23 U.S.C. 1801(a)(6)) is amended by striking ‘‘in the field of 

24 Indian education’’ and inserting ‘‘in the fields of tribally 

25 controlled colleges and universities and Indian higher edu26 cation’’. 


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1 (b) INDIAN STUDENT COUNT.—Section 2(a) of the 

2 Tribally Controlled College or University Assistance Act of 

3 1978 (25 U.S.C. 1801(a)) is amended— 

4 (1) by redesignating paragraphs (7) and (8) as 

5 paragraphs (8) and (9), respectively; and 

6 (2) by inserting after paragraph (6) the fol7 lowing: 

8 ‘‘(7) ‘Indian student’ means a student who is— 

9 ‘‘(A) a member of an Indian tribe; or 

10 ‘‘(B) a biological child of a member of an 

11 Indian tribe, living or deceased;’’. 

12 (c) CONTINUING EDUCATION.—Section 2(b) of the 

13 Tribally Controlled College or University Assistance Act of 

14 1978 (25 U.S.C. 1801(b)) is amended— 

15 (1) in the matter preceding paragraph (1), by 

16 striking ‘‘paragraph (7) of subsection (a)’’ and insert17 ing ‘‘subsection (a)(8)’’; 

18 (2) by striking paragraph (5) and inserting the 

19 following: 

20 ‘‘(5) DETERMINATION OF CREDITS.—Eligible 

21 credits earned in a continuing education program— 

22 ‘‘(A) shall be determined as 1 credit for 

23 every 10 contact hours in the case of an institu24 tion on a quarter system, or 15 contact hours in 

25 the case of an institution on a semester system, 


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1 of participation in an organized continuing edu2 cation experience under responsible sponsorship, 

3 capable direction, and qualified instruction, as 

4 described in the criteria established by the Inter5 national Association for Continuing Education 

6 and Training; and 

7 ‘‘(B) shall be limited to 10 percent of the 

8 Indian student count of a tribally controlled col9 lege or university.’’; and 

10 (3) by striking paragraph (6). 

11 (d) ACCREDITATION REQUIREMENT.—Section 103 of 

12 the Tribally Controlled College or University Assistance Act 

13 of 1978 (25 U.S.C. 1804) is amended— 

14 (1) in paragraph (2), by striking ‘‘and’’ at the 

15 end; 

16 (2) in paragraph (3), by striking the period at 

17 the end and inserting ‘‘; and’’; and 

18 (3) by inserting after paragraph (3), the fol19 lowing: 

20 ‘‘(4)(A) is accredited by a nationally recognized 

21 accrediting agency or association determined by the 

22 Secretary of Education to be a reliable authority with 

23 regard to the quality of training offered; or 

24 ‘‘(B) according to such an agency or association, 

25 is making reasonable progress toward accreditation.’’. 


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1 (e) TECHNICAL ASSISTANCE CONTRACTS.—Section 

2 105 of the Tribally Controlled College or University Assist3 ance Act of 1978 (25 U.S.C. 1805) is amended— 

4 (1) by striking the section designation and head5 ing and all that follows through ‘‘The Secretary shall’’ 

6 and inserting the following: 

7 ‘‘SEC. 105. TECHNICAL ASSISTANCE CONTRACTS. 

8 ‘‘(a) TECHNICAL ASSISTANCE.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall’’; 

10 (2) in the second sentence, by striking ‘‘In the 

11 awarding of contracts for technical assistance, pref12 erence shall be given’’ and inserting the following: 

13 ‘‘(2) DESIGNATED ORGANIZATION.—The Sec14 retary shall require that a contract for technical as15 sistance under paragraph (1) shall be awarded’’; and 

16 (3) in the third sentence, by striking ‘‘No author17 ity’’ and inserting the following: 

18 ‘‘(b) EFFECT OF SECTION.—No authority’’. 

19 (f) AMOUNT OF GRANTS.—Section 108(a) of the Trib20 ally Controlled College or University Assistance Act of 1978 

21 (25 U.S.C. 1808(a)) is amended— 

22 (1) by redesignating paragraphs (1) and (2) as 

23 subparagraphs (A) and (B), respectively, and indent24 ing the subparagraphs appropriately; 


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1 (2) by striking ‘‘(a) Except as provided in sec2 tion 111,’’ and inserting the following: 

3 ‘‘(a) REQUIREMENT.— 

4 ‘‘(1) IN GENERAL.—Except as provided in para5 graph (2) and section 111,’’; 

6 (3) in paragraph (1) (as redesignated by para7 graphs (1) and (2))— 

8 (A) in the matter preceding subparagraph 

9 (A) (as redesignated by paragraph (1))— 

10 (i) by striking ‘‘him’’ and inserting 

11 ‘‘the Secretary’’; and 

12 (ii) by striking ‘‘product of’’ and in13 serting ‘‘product obtained by multiplying’’; 

14 (B) in subparagraph (A) (as redesignated 

15 by paragraph (1)), by striking ‘‘section 2(a)(7)’’ 

16 and inserting ‘‘section 2(a)(8)’’; and 

17 (C) in subparagraph (B) (as redesignated 

18 by paragraph (1)), by striking ‘‘$6,000,’’ and in19 serting ‘‘$8,000, as adjusted annually for infla20 tion.’’; and 

21 (4) by striking ‘‘except that no grant shall exceed 

22 the total cost of the education program provided by 

23 such college or university.’’ and inserting the fol24 lowing: 


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1 ‘‘(2) EXCEPTION.—The amount of a grant under 

2 paragraph (1) shall not exceed an amount equal to 

3 the total cost of the education program provided by 

4 the applicable tribally controlled college or univer5 sity.’’. 

6 (g) GENERAL PROVISIONS REAUTHORIZATION.—Sec7 tion 110(a) of the Tribally Controlled College or University 

8 Assistance Act of 1978 (25 U.S.C. 1810(a)) is amended— 

9 (1) in paragraphs (1), (2), (3), and (4), by strik10 ing ‘‘1999’’ and inserting ‘‘2008’’; 

11 (2) in paragraphs (1), (2), and (3), by striking 

12 ‘‘4 succeeding’’ and inserting ‘‘5 succeeding’’; 

13 (3) in paragraph (2), by striking ‘‘$40,000,000’’ 

14 and inserting ‘‘such sums as may be necessary’’; 

15 (4) in paragraph (3), by striking ‘‘$10,000,000’’ 

16 and inserting ‘‘such sums as may be necessary’’; and 

17 (5) in paragraph (4), by striking ‘‘succeeding 4’’ 

18 and inserting ‘‘5 succeeding’’. 

19 (h) ENDOWMENT PROGRAM REAUTHORIZATION.—Sec20 tion 306(a) of the Tribally Controlled College or University 

21 Assistance Act of 1978 (25 U.S.C. 1836(a)) is amended— 

22 (1) by striking ‘‘1999’’ and inserting ‘‘2008’’; 

23 and 

24 (2) by striking ‘‘4 succeeding’’ and inserting ‘‘5 

25 succeeding’’. 


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1 (i) TRIBAL ECONOMIC DEVELOPMENT REAUTHORIZA2 TION.—Section 403 of the Tribal Economic Development 

3 and Technology Related Education Assistance Act of 1990 

4 (25 U.S.C. 1852) is amended— 

5 (1) by striking ‘‘$2,000,000 for fiscal year 1999’’ 

6 and inserting ‘‘such sums as may be necessary for fis7 cal year 2008’’; and 

8 (2) by striking ‘‘4 succeeding’’ and inserting ‘‘5 

9 succeeding’’. 

10 (j) TRIBALLY CONTROLLED POSTSECONDARY CAREER

11 AND TECHNICAL INSTITUTIONS.— 

12 (1) IN GENERAL.—The Tribally Controlled Col13 lege or University Assistance Act of 1978 (25 U.S.C. 

14 1801 et seq.) is amended by adding at the end the fol15 lowing: 

16 ‘‘Subtitle V—Tribally Controlled 

17 Postsecondary Career and Tech18 nical Institutions 

19 ‘‘SEC. 501. DEFINITION OF TRIBALLY CONTROLLED POST20 SECONDARY CAREER AND TECHNICAL INSTI21 TUTION. 

22 ‘‘In this title, the term ‘tribally controlled postsec23 ondary career and technical institution’ has the meaning 

24 given the term in section 3 of the Carl D. Perkins Career 

25 and Technical Education Act of 2006 (20 U.S.C. 2302). 


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1 ‘‘SEC. 502. TRIBALLY CONTROLLED POSTSECONDARY CA2 REER AND TECHNICAL INSTITUTIONS PRO3 GRAM. 

4 ‘‘(a) IN GENERAL.—Subject to the availability of ap5 propriations, for fiscal year 2008 and each fiscal year there6 after, the Secretary shall— 

7 ‘‘(1) subject to subsection (b), select 2 tribally 

8 controlled postsecondary career and technical institu9 tions to receive assistance under this title; and 

10 ‘‘(2) provide funding to the selected tribally con11 trolled postsecondary career and technical institutions 

12 to pay the costs (including institutional support 

13 costs) of operating postsecondary career and technical 

14 education programs for Indian students at the trib15 ally controlled postsecondary career and technical in16 stitutions. 

17 ‘‘(b) SELECTION OF CERTAIN INSTITUTIONS.— 

18 ‘‘(1) REQUIREMENT.—For each fiscal year dur19 ing which the Secretary determines that a tribally 

20 controlled postsecondary career and technical institu21 tion described in paragraph (2) meets the definition 

22 referred to in section 501, the Secretary shall select 

23 that tribally controlled postsecondary career and tech24 nical institution under subsection (a)(1) to receive 

25 funding under this section. 


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1 ‘‘(2) INSTITUTIONS.—The 2 tribally controlled 

2 postsecondary career and technical institutions re3 ferred to in paragraph (1) are— 

4 ‘‘(A) the United Tribes Technical College; 

5 and 

6 ‘‘(B) the Navajo Technical College. 

7 ‘‘(c) METHOD OF PAYMENT.—For each applicable fis8 cal year, the Secretary shall provide funding under this sec9 tion to each tribally controlled postsecondary career and 

10 technical institution selected for the fiscal year under sub11 section (a)(1) in a lump sum payment for the fiscal year. 

12 ‘‘(d) DISTRIBUTION.— 

13 ‘‘(1) IN GENERAL.—For fiscal year 2009 and 

14 each fiscal year thereafter, of amounts made available 

15 pursuant to section 504, the Secretary shall distribute 

16 to each tribally controlled postsecondary career and 

17 technical institution selected for the fiscal year under 

18 subsection (a)(1) an amount equal to the greater of— 

19 ‘‘(A) the total amount appropriated for the 

20 tribally controlled postsecondary career and tech21 nical institution for fiscal year 2006; or 

22 ‘‘(B) the total amount appropriated for the 

23 tribally controlled postsecondary career and tech24 nical institution for fiscal year 2008. 


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1 ‘‘(2) EXCESS AMOUNTS.—If, for any fiscal year, 

2 the amount made available pursuant to section 504 

3 exceeds the sum of the amounts required to be distrib4 uted under paragraph (1) to the tribally controlled 

5 postsecondary career and technical institutions se6 lected for the fiscal year under subsection (a)(1), the 

7 Secretary shall distribute to each tribally controlled 

8 postsecondary career and technical institution selected 

9 for that fiscal year a portion of the excess amount, to 

10 be determined by— 

11 ‘‘(A) dividing the excess amount by the ag12 gregate Indian student count (as defined in sec13 tion 117(h) of the Carl D. Perkins Career and 

14 Technical Education Act of 2006 (20 U.S.C. 

15 2327(h)) of such institutions for the prior aca16 demic year; and 

17 ‘‘(B) multiplying the quotient described in 

18 subparagraph (A) by the Indian student count of 

19 each such institution for the prior academic 

20 year. 

21 ‘‘SEC. 503. APPLICABILITY OF OTHER LAWS. 

22 ‘‘(a) IN GENERAL.—Paragraphs (4) and (7) of sub23 section (a), and subsection (b), of section 2, sections 105, 

24 108, 111, 112 and 113, and titles II, III, and IV shall not 

25 apply to this title. 


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1 ‘‘(b) INDIAN SELF-DETERMINATION AND EDUCATION

2 ASSISTANCE.—Funds made available pursuant to this title 

3 shall be subject to the Indian Self-Determination and Edu4 cation Assistance Act (25 U.S.C. 450 et seq.). 

5 ‘‘(c) ELECTION TO RECEIVE.—A tribally controlled 

6 postsecondary career and technical institution selected for 

7 a fiscal year under section 502(b) may elect to receive funds 

8 pursuant to section 502 in accordance with an agreement 

9 between the tribally controlled postsecondary career and 

10 technical institution and the Secretary under the Indian 

11 Self-Determination and Education Assistance Act (25 

12 U.S.C. 450 et seq.) if the agreement is in existence on the 

13 date of enactment of the Higher Education Amendments of 

14 2007. 

15 ‘‘(d) OTHER ASSISTANCE.—Eligibility for, or receipt 

16 of, assistance under this title shall not preclude the eligi17 bility of a tribally controlled postsecondary career and tech18 nical institutions to receive Federal financial assistance 

19 under— 

20 ‘‘(1) any program under the Higher Education 

21 Act of 1965 (20 U.S.C. 1001 et seq.); 

22 ‘‘(2) any program under the Carl D. Perkins Ca23 reer and Technical Education Act of 2006; or 

24 ‘‘(3) any other applicable program under which 

25 a benefit is provided for— 


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1 ‘‘(A) institutions of higher education; 

2 ‘‘(B) community colleges; or 

3 ‘‘(C) postsecondary educational institutions. 

4 ‘‘SEC. 504. AUTHORIZATION OF APPROPRIATIONS. 

5 ‘‘There are authorized to be appropriated such sums 

6 as are necessary for fiscal year 2008 and each fiscal year 

7 thereafter to carry out this title.’’. 

8 (2) CONFORMING AMENDMENTS.—Section 117 of 

9 the Carl D. Perkins Career and Technical Education 

10 Act of 2006 (20 U.S.C. 2327) is amended— 

11 (A) by striking subsection (a) and inserting 

12 the following: 

13 ‘‘(a) GRANT PROGRAM.—Subject to the availability of 

14 appropriations, the Secretary shall make grants under this 

15 section, to provide basic support for the education and 

16 training of Indian students, to tribally controlled postsec17 ondary career and technical institutions that are not receiv18 ing Federal assistance as of the date on which the grant 

19 is provided under— 

20 ‘‘(1) title I of the Tribally Controlled College or 

21 University Assistance Act of 1978 (25 U.S.C. 1802 et 

22 seq.); or 

23 ‘‘(2) the Navajo Community College Act (25 

24 U.S.C. 640a et seq.).’’; and 


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1 (B) by striking subsection (d) and inserting 

2 the following: 

3 ‘‘(d) APPLICATIONS.—To be eligible to receive a grant 

4 under this section, a tribally controlled postsecondary ca5 reer and technical institution that is not receiving Federal 

6 assistance under title I of the Tribally Controlled College 

7 or University Assistance Act (25 U.S.C. 1802 et seq.) or 

8 the Navajo Community College Act (25 U.S.C. 640a et seq.) 

9 shall submit to the Secretary an application at such time, 

10 in such manner, and containing such information as the 

11 Secretary may require.’’. 

12 (k) SHORT TITLE.— 

13 (1) IN GENERAL.—The first section of the Trib14 ally Controlled College or University Assistance Act of 

15 1978 (25 U.S.C. 1801 note; Public Law 95–471) is 

16 amended to read as follows: 

17 ‘‘SECTION 1. SHORT TITLE. 

18 ‘‘This Act may be cited as the ‘Tribally Controlled Col19 leges and Universities Assistance Act of 1978’.’’. 

20 (2) REFERENCES.—Any reference in law (in21 cluding regulations) to the Tribally Controlled College 

22 or University Assistance Act of 1978 shall be consid23 ered to be a reference to the ‘‘Tribally Controlled Col24 leges and Universities Assistance Act of 1978’’. 


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1 Subpart 2—Navajo Higher Education 

2 SEC. 945. SHORT TITLE. 

3 This subpart may be cited as the ‘‘Navajo Nation 

4 Higher Education Act of 2006’’. 

5 SEC. 946. REAUTHORIZATION OF NAVAJO COMMUNITY COL6 LEGE ACT. 

7 (a) PURPOSE.—Section 2 of the Navajo Community 

8 College Act (25 U.S.C. 640a) is amended— 

9 (1) by striking ‘‘Navajo Tribe of Indians’’ and 

10 inserting ‘‘Navajo Nation’’; and 

11 (2) by striking ‘‘the Navajo Community College’’ 

12 and inserting ‘‘Dine ́ College’’. 

13 (b) GRANTS.—Section 3 of the Navajo Community Col14 lege Act (25 U.S.C. 640b) is amended— 

15 (1) in the first sentence— 

16 (A) by inserting ‘‘the’’ before ‘‘Interior’’; 

17 (B) by striking ‘‘Navajo Tribe of Indians’’ 

18 and inserting ‘‘Navajo Nation’’; and 

19 (C) by striking ‘‘the Navajo Community 

20 College’’ and inserting ‘‘Dine ́ College’’; and 

21 (2) in the second sentence— 

22 (A) by striking ‘‘Navajo Tribe’’ and insert23 ing ‘‘Navajo Nation’’; and 

24 (B) by striking ‘‘Navajo Indians’’ and in25 serting ‘‘Navajo people’’. 


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1 (c) STUDY OF FACILITIES NEEDS.—Section 4 of the 

2 Navajo Community College Act (25 U.S.C. 640c) is amend3 ed— 

4 (1) in subsection (a)— 

5 (A) in the first sentence— 

6 (i) by striking ‘‘the Navajo Community 

7 College’’ and inserting ‘‘Dine College’’; and 

8 (ii) by striking ‘‘August 1, 1979’’ and 

9 inserting ‘‘October 31, 2010’’; and 

10 (B) in the second sentence, by striking 

11 ‘‘Navajo Tribe’’ and inserting ‘‘Navajo Nation’’; 

12 (2) in subsection (b), by striking ‘‘the date of en13 actment of the Tribally Controlled Community College 

14 Assistance Act of 1978’’ and inserting ‘‘October 1, 

15 2007’’; and 

16 (3) in subsection (c), in the first sentence, by 

17 striking ‘‘the Navajo Community College’’ and insert18 ing ‘‘Dine ́ College’’. 

19 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 5 

20 of the Navajo Community College Act (25 U.S.C. 640c–1) 

21 is amended— 

22 (1) in subsection (a)— 

23 (A) in paragraph (1), by striking 

24 ‘‘$2,000,000’’ and all that follows through the 

25 end of the paragraph and inserting ‘‘such sums 


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1 as are necessary for fiscal years 2008 through 

2 2013.’’; and 

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

4 ‘‘(3) Sums described in paragraph (2) shall be used 

5 to provide grants for construction activities, including the 

6 construction of buildings, water and sewer facilities, roads, 

7 information technology and telecommunications infrastruc8 ture, classrooms, and external structures (such as walk9 ways).’’; 

10 (2) in subsection (b)(1)— 

11 (A) in the matter preceding subparagraph 

12 (A)— 

13 (i) by striking ‘‘the Navajo Community 

14 College’’ and inserting ‘‘Dine ́ College’’; and 

15 (ii) by striking ‘‘, for each fiscal year’’ 

16 and all that follows through ‘‘for—’’ and in17 serting ‘‘such sums as are necessary for fis18 cal years 2008 through 2013 to pay the cost 

19 of—’’; 

20 (B) in subparagraph (A)— 

21 (i) by striking ‘‘college’’ and inserting 

22 ‘‘College’’; 

23 (ii) in clauses (i) and (iii), by striking 

24 the commas at the ends of the clauses and 

25 inserting semicolons; and 


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1 (iii) in clause (ii), by striking ‘‘, and’’ 

2 at the end and inserting ‘‘; and’’; 

3 (C) in subparagraph (B), by striking the 

4 comma at the end and inserting a semicolon; 

5 (D) in subparagraph (C), by striking ‘‘, 

6 and’’ at the end and inserting a semicolon; 

7 (E) in subparagraph (D), by striking the 

8 period at the end and inserting ‘‘; and’’; and 

9 (F) by adding at the end the following: 

10 ‘‘(E) improving and expanding the College, 

11 including by providing, for the Navajo people 

12 and others in the community of the College— 

13 ‘‘(i) higher education programs; 

14 ‘‘(ii) career and technical education; 

15 ‘‘(iii) activities relating to the preser16 vation and protection of the Navajo lan17 guage, philosophy, and culture; 

18 ‘‘(iv) employment and training oppor19 tunities; 

20 ‘‘(v) economic development and com21 munity outreach; and 

22 ‘‘(vi) a safe learning, working, and liv23 ing environment.’’; and 

24 (3) in subsection (c), by striking ‘‘the Navajo 

25 Community College’’ and inserting ‘‘Dine ́ College’’. 


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1 (e) EFFECT ON OTHER LAWS.—Section 6 of the Navajo 

2 Community College Act (25 U.S.C. 640c–2) is amended— 

3 (1) by striking ‘‘the Navajo Community College’’ 

4 each place it appears and inserting ‘‘Dine ́ College’’; 

5 and 

6 (2) in subsection (b), by striking ‘‘college’’ and 

7 inserting ‘‘College’’. 

8 (f) PAYMENTS; INTEREST.—Section 7 of the Navajo 

9 Community College Act (25 U.S.C. 640c–3) is amended by 

10 striking ‘‘the Navajo Community College’’ each place it ap11 pears and inserting ‘‘Dine ́ College’’. 


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Calendar No. 264 

110TH CONGRESS 

1ST SESSION S. 1642 

A BILL 

To extend the authorization of programs under the 

purposes. Higher Education Act of 1965, and for other 

JULY 10, 2007 

Reported with an amendment 


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