I 

111TH CONGRESS 

1ST SESSION H. R. 3397 

To establish a program that enables college-bound residents of the Northern 

Mariana Islands to have greater choices among institutions of higher 

education, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 29, 2009 

Mr. SABLAN introduced the following bill; which was referred to the 

Committee on Education and Labor 

A BILL 

To establish a program that enables college-bound residents 

of the Northern Mariana Islands to have greater choices 

among institutions of higher education, 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. 

4 This Act may be cited as the ‘‘Northern Mariana Is5 lands College Access Act of 2009’’. 

6 SEC. 2. PURPOSE. 

7 It is the purpose of this Act to establish a program 

8 that enables college-bound residents of the Northern Marmstockstill on DSKH9S0YB1PROD with BILLS

2 

•HR 3397 IH

1 iana Islands to have greater choices among institutions of 

2 higher education. 

3 SEC. 3. PUBLIC SCHOOL GRANTS. 

4 (a) GRANTS.— 

5 (1) IN GENERAL.—From amounts appropriated 

6 under subsection (i), the Governor shall award 

7 grants to eligible institutions that enroll eligible stu8 dents to pay the difference between the tuition and 

9 fees charged for in-State students and the tuition 

10 and fees charged for out-of-State students on behalf 

11 of each eligible student enrolled in the eligible insti12 tution. 

13 (2) MAXIMUM STUDENT AMOUNTS.—The 

14 amount paid on behalf of an eligible student under 

15 this section shall be— 

16 (A) not more than $15,000 for any one 

17 award year (as defined in section 481 of the 

18 Higher Education Act of 1965 (20 U.S.C. 

19 1088)); and 

20 (B) not more than $75,000 in the aggre21 gate. 

22 (3) PRORATION.—The Governor shall prorate 

23 payments under this section for students who attend 

24 an eligible institution on less than a full-time basis. 

mstockstill on DSKH9S0YB1PROD with BILLS

3 

•HR 3397 IH

1 (b) REDUCTION FOR INSUFFICIENT APPROPRIA2 TIONS.— 

3 (1) IN GENERAL.—If the funds appropriated 

4 pursuant to subsection (i) for any fiscal year are in5 sufficient to award a grant in the amount deter6 mined under subsection (a) on behalf of each eligible 

7 student enrolled in an eligible institution, then the 

8 Governor, in consultation with the Secretary of Edu9 cation, shall— 

10 (A) first, ratably reduce the amount of the 

11 tuition and fee payment made on behalf of each 

12 eligible student who has not received funds 

13 under this section for a preceding year; and 

14 (B) after making reductions under sub15 paragraph (A), ratably reduce the amount of 

16 the tuition and fee payments made on behalf of 

17 all other eligible students. 

18 (2) ADJUSTMENTS.—The Governor, in con19 sultation with the Secretary of Education, may ad20 just the amount of tuition and fee payments made 

21 under paragraph (1) based on— 

22 (A) the financial need of the eligible stu23 dents to avoid undue hardship to the eligible 

24 students; or 

mstockstill on DSKH9S0YB1PROD with BILLS

4 

•HR 3397 IH

1 (B) undue administrative burdens on the 

2 Governor. 

3 (3) FURTHER ADJUSTMENTS.—Notwith4 standing paragraphs (1) and (2), the Governor may 

5 prioritize the making or amount of tuition and fee 

6 payments under this subsection based on the income 

7 and need of eligible students. 

8 (c) DEFINITIONS.—In this section: 

9 (1) ELIGIBLE INSTITUTION.—The term ‘‘eligi10 ble institution’’ means an institution that— 

11 (A) is a public four-year institution of 

12 higher education located in one of the several 

13 States, the District of Columbia, Puerto Rico, 

14 or Guam; 

15 (B) is eligible to participate in the student 

16 financial assistance programs under title IV of 

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

18 1070 et seq.); and 

19 (C) enters into an agreement with the Gov20 ernor containing such conditions as the Gov21 ernor may specify, including a requirement that 

22 the institution use the funds made available 

23 under this section to supplement and not sup24 plant assistance that otherwise would be promstockstill on DSKH9S0YB1PROD with BILLS

5 

•HR 3397 IH

1 vided to eligible students from the Northern 

2 Mariana Islands. 

3 (2) ELIGIBLE STUDENT.—The term ‘‘eligible 

4 student’’ means an individual who— 

5 (A) was domiciled in the Northern Mar6 iana Islands for not less than the 12 consecu7 tive months preceding the commencement of the 

8 freshman year at an institution of higher edu9 cation; 

10 (B) graduated from a secondary school in 

11 the Northern Mariana Islands, or received the 

12 recognized equivalent of a secondary school di13 ploma while domiciled in the Northern Mariana 

14 Islands, on or after January 1, 2008; 

15 (C) begins the individual’s undergraduate 

16 course of study within the three calendar years 

17 (excluding any period of service on active duty 

18 in the Armed Forces, or service under the 

19 Peace Corps Act (22 U.S.C. 2501 et seq.) or 

20 subtitle D of title I of the National and Com21 munity Service Act of 1990 (42 U.S.C. 12571 

22 et seq.)) of graduation from a secondary school, 

23 or obtaining the recognized equivalent of a sec24 ondary school diploma; 

mstockstill on DSKH9S0YB1PROD with BILLS

6 

•HR 3397 IH

1 (D) is enrolled or accepted for enrollment, 

2 on at least a half-time basis, in a baccalaureate 

3 degree or other program (including a program 

4 of study abroad approved for credit by the insti5 tution at which such student is enrolled) lead6 ing to a recognized educational credential at an 

7 eligible institution; 

8 (E) if enrolled in an eligible institution, is 

9 maintaining satisfactory progress in the course 

10 of study the student is pursuing in accordance 

11 with section 484(c) of the Higher Education 

12 Act of 1965 (20 U.S.C. 1091(c)); and 

13 (F) has not completed the individual’s first 

14 undergraduate baccalaureate course of study. 

15 (3) INSTITUTION OF HIGHER EDUCATION.—The 

16 term ‘‘institution of higher education’’ has the 

17 meaning given the term in section 101 of the Higher 

18 Education Act of 1965 (20 U.S.C. 1001). 

19 (4) GOVERNOR.—The term ‘‘Governor’’ means 

20 the Governor of the Commonwealth of the Northern 

21 Mariana Islands. 

22 (5) SECONDARY SCHOOL.—The term ‘‘sec23 ondary school’’ has the meaning given that term 

24 under section 14101 of the Elementary and Sec25 ondary Education Act of 1965 (20 U.S.C. 8801). 

mstockstill on DSKH9S0YB1PROD with BILLS

7 

•HR 3397 IH

1 (6) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Education. 

3 (d) CONSTRUCTION.—Nothing in this Act shall be 

4 construed to require an institution of higher education to 

5 alter the institution’s admissions policies or standards in 

6 any manner to enable an eligible student to enroll in the 

7 institution. 

8 (e) APPLICATIONS.—Each student desiring a tuition 

9 payment under this section shall submit an application to 

10 the eligible institution at such time, in such manner, and 

11 accompanied by such information as the eligible institution 

12 may require. 

13 (f) ADMINISTRATION OF PROGRAM.— 

14 (1) IN GENERAL.—The Governor shall carry 

15 out the program under this section in consultation 

16 with the Secretary. The Governor may enter into a 

17 grant, contract, or cooperative agreement with an18 other public or private entity to administer the pro19 gram under this section if the Governor determines 

20 that doing so is a more efficient way of carrying out 

21 the program. 

22 (2) POLICIES AND PROCEDURES.—The Gov23 ernor, in consultation with institutions of higher 

24 education eligible for participation in the program 

25 authorized under this section, shall develop policies 

mstockstill on DSKH9S0YB1PROD with BILLS

8 

•HR 3397 IH

1 and procedures for the administration of the pro2 gram. 

3 (3) MEMORANDUM OF AGREEMENT.—The Gov4 ernor and the Secretary shall enter into a Memo5 randum of Agreement that describes— 

6 (A) the manner in which the Governor 

7 shall consult with the Secretary with respect to 

8 administering the program under this section; 

9 and 

10 (B) any technical or other assistance to be 

11 provided to the Governor by the Secretary for 

12 purposes of administering the program under 

13 this section (which may include access to the in14 formation in the common financial reporting 

15 form developed under section 483 of the Higher 

16 Education Act of 1965 (20 U.S.C. 1090)). 

17 (g) GOVERNOR’S REPORT.—The Governor shall re18 port to Congress annually regarding— 

19 (1) the number of eligible students attending 

20 each eligible institution and the amount of the grant 

21 awards paid to those institutions on behalf of the eli22 gible students; 

23 (2) the extent, if any, to which a ratable reduc24 tion was made in the amount of tuition and fee pay25 ments made on behalf of eligible students; and 

mstockstill on DSKH9S0YB1PROD with BILLS

9 

•HR 3397 IH

1 (3) the progress in obtaining recognized aca2 demic credentials of the cohort of eligible students 

3 for each year. 

4 (h) GAO REPORT.—Beginning on the date of the en5 actment of this Act, the Comptroller General of the United 

6 States shall monitor the effect of the program assisted 

7 under this section on educational opportunities for eligible 

8 students. The Comptroller General shall analyze whether 

9 eligible students had difficulty gaining admission to eligi10 ble institutions because of any preference afforded in11 State residents by eligible institutions, and shall expedi12 tiously report any findings regarding such difficulty to 

13 Congress and the Governor. In addition the Comptroller 

14 General shall— 

15 (1) analyze the extent to which there are an in16 sufficient number of eligible institutions to which 

17 Northern Mariana Islands students can gain admis18 sion, including admission aided by assistance pro19 vided under this Act, due to— 

20 (A) caps on the number of out-of-State 

21 students the institution will enroll; 

22 (B) significant barriers imposed by aca23 demic entrance requirements (such as grade 

24 point average and standardized scholastic ad25 missions tests); and 

mstockstill on DSKH9S0YB1PROD with BILLS

10 

•HR 3397 IH

1 (C) absence of admission programs benefit2 ting minority students; and 

3 (2) report the findings of the analysis described 

4 in paragraph (1) and the assessment described in 

5 paragraph (2) to Congress and the Governor. 

6 (i) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated to the Commonwealth 

8 of the Northern Mariana Islands to carry out this section 

9 $15,000,000 for each of the fiscal years 2010 through 

10 2015, and such sums as may be necessary for each of the 

11 succeeding fiscal years. Such funds shall remain available 

12 until expended. 

13 (j) EFFECTIVE DATE.—This section shall take effect 

14 with respect to payments for periods of instruction that 

15 begin on or after January 1, 2010. 

16 SEC. 4. ASSISTANCE TO THE NORTHERN MARIANA COL17 LEGE. 

18 (a) IN GENERAL.—Subject to the availability of ap19 propriations under subsection (d), the Secretary of Edu20 cation shall provide financial assistance to the Northern 

21 Marianas College for each fiscal year for which appropria22 tions are made available under such subsection to enable 

23 the College to carry out activities authorized under this 

24 section. 

mstockstill on DSKH9S0YB1PROD with BILLS

11 

•HR 3397 IH

1 (b) SUBGRANT REQUIRED.—From the financial as2 sistance provided under subsection (a), the President and 

3 Board of Regents of Northern Marianas College shall 

4 award a grant to an eligible institution of higher education 

5 to plan and implement a vocational training program at 

6 Northern Marianas College. 

7 (c) PROGRAM REQUIREMENTS.—The vocational 

8 training program established under subsection (b)— 

9 (1) shall award certificates of completion in 

10 areas that include— 

11 (A) food preparation, food and beverage 

12 services, and the culinary arts; 

13 (B) hospitality management; 

14 (C) carpentry; 

15 (D) electrical skills; 

16 (E) plumbing; and 

17 (F) other construction skills; and 

18 (2) may use funds for— 

19 (A) personnel hiring and relocation; 

20 (B) faculty and staff salaries; 

21 (C) rental of office, classroom, storage, 

22 and administrative space; 

23 (D) rental or purchase of furniture, equip24 ment, supplies, and materials directly related to 

25 classroom use; 

mstockstill on DSKH9S0YB1PROD with BILLS

12 

•HR 3397 IH

1 (E) rental or purchase of furniture, equip2 ment, supplies, and materials directly related to 

3 faculty or administrative use; and 

4 (F) climate control of facilities, and oper5 ation and maintenance of facilities and equip6 ment. 

7 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated to the Commonwealth 

9 of the Northern Mariana Islands to carry out this section 

10 $2,000,000 for each of the fiscal years 2010 through 

11 2015. 

12 SEC. 5. GENERAL REQUIREMENTS. 

13 (a) PERSONNEL.—The Secretary of Education shall 

14 arrange for the assignment of an individual, pursuant to 

15 subchapter VI of chapter 33 of title 5, United States Code, 

16 to serve as an adviser to the Governor with respect to the 

17 programs assisted under this Act. 

18 (b) ADMINISTRATIVE EXPENSES.—The Governor 

19 may use not more than 5 percent of the funds made avail20 able for a program under section 3 for a fiscal year to 

21 pay the administrative expenses of a program under sec22 tion 3 for the fiscal year. 

23 (c) INSPECTOR GENERAL REVIEW.—Each of the pro24 grams assisted under this Act shall be subject to audit 

25 and other review by the Inspector General of the Departmstockstill on DSKH9S0YB1PROD with BILLS

13 

•HR 3397 IH

1 ment of Education in the same manner as programs are 

2 audited and reviewed under the Inspector General Act of 

3 1978 (5 U.S.C. App.). 

4 (d) GIFTS.—The Governor may accept, use, and dis5 pose of donations of services or property for purposes of 

6 carrying out this Act. 

7 (e) MAXIMUM STUDENT AMOUNT ADJUSTMENTS.— 

8 The Governor shall establish rules to adjust the maximum 

9 student amounts described in section 3(a)(2)(B) for eligi10 ble students described in section 3(c)(2) who transfer be11 tween the eligible institutions described in section 

12 3(c)(1)(A). 

Æ 

mstockstill on DSKH9S0YB1PROD with BILLS